Violation of workers' rights in Russian commercial enterprises is widespread - employers are trying to get the most out of the money they pay in the form of wages. Unfortunately, not all employees know and are able to apply the laws, although labor legislation provides quite serious guarantees of their rights. Moreover, in the event of a violation, the judiciary tends to defend these rights.
What determines the length of the working day
Article 91 of the Labor Code of the Russian Federation introduces the concept of working time and defines its norm. According to this law, it is not the working day that is rationed, but the number of hours worked per week. This value of the norm is equal to 40 hours per week, all the total working time exceeding it is considered overtime and must be paid at increased rates, or the employee must be given additional days off. However, the number of hours that an employee spent at the workplace overtime during the year is limited by Article 122 of the Labor Code to 120 hours.
What length of the working day will be established and, accordingly, how it will be standardized, depends on the operating mode of the enterprise. It is stipulated in a collective or labor agreement. If the company works in the standardized working day mode, you must work 5 days a week for 8 hours a day with a mandatory lunch break, failure to present it is considered in this case a violation of the law. For some employees of the enterprise, but by no means for all, this mainly concerns administrative positions, the conditions of the labor or collective agreement establish a regime of irregular working hours. This means that for these categories of workers, the performance of job duties outside the established working hours at the enterprise as a whole will be the norm. As a rule, irregular working hours are compensated by high salaries or additional holidays.
The enterprise can also have a shift mode, a flexible schedule, or use the summarized accounting of working hours. Those. the duration of the working day in this case can be 12 or more hours. At the same time, the total amount of time worked for the accounting period should still not exceed the norm. The accounting period can be taken equal to a week, month, quarter, half-year or year. The employer has the right to establish all these modes based on the specifics of production in order to optimize the use of equipment or working hours.
Time tracking and overtime pay
Your working day in shift work in some positions may even be 24 hours a day with breaks for food and sleep, but during the reporting period you should not, on average, work more than 40 hours a week. In all cases, working time takes into account not only the time in which you performed your labor duties, but also other time periods that, in accordance with the regulations of the Russian Federation, are included in working hours.
It is the employer's responsibility to keep an accurate record of working and overtime hours. By the way, their duration should not be more than 4 hours during two consecutive days. At the same time, the first 2 hours of overtime worked are paid with a coefficient of 1, 5, the rest - with a coefficient of 2. Work on weekends and holidays should also be paid in double amount.
