1. The types of rest time provided for in Article 107 of the Labor Code of the Russian Federation differ depending on the time and purpose of its provision.

2. Breaks during the working day (shift) are provided for rest and food (see commentary to Article 108) or for heating and rest (see commentary to Article 109).

3. Daily (between shifts) rest is the time from the end of work until it starts the next day (shift). Its duration is determined by the internal labor regulations or the shift schedule and depends on the duration of daily work and the lunch break.

The Labor Code does not establish a minimum duration of daily (between shifts) rest. According to established practice, the work schedule in an organization is established, as a rule, in such a way that the minimum duration of daily (between shifts) rest, together with the lunch break, is no less than double the duration of work on the day (shift) preceding the rest.

For certain categories of workers in some industries, the minimum duration of daily (between shifts) rest is regulated in special regulatory legal acts that establish the specifics of working hours and rest time.

Thus, in accordance with clause 16 of the Regulations on the peculiarities of working hours and rest time for certain categories of workers in the fishery complex who have a special nature of work, approved. By Order of the State Fisheries Committee of Russia dated August 8, 2003 N 271, the floating crew is provided with daily rest for 12, 16, 17 or 18 hours a day, depending on the established duration of the shift (watch).

The specific duration of daily (between shifts) rest is provided for in the relevant regulatory legal acts for workers whose work is directly related to movement Vehicle. For example, according to clause 18 of the Regulations on the peculiarities of working hours and rest time for workers of floating vessels of inland water transport vessels, approved. By Order of the Ministry of Transport of Russia dated May 16, 2003 N 133 (RG. 2003. N 181), the daily rest of these workers cannot be less than 12 hours (see also commentary to Article 329).

In accordance with clause 12 of the Regulations on the specifics of working hours and rest time for workers involved in civil aviation air traffic control Russian Federation, approved By Order of the Ministry of Transport of Russia dated January 30, 2004 N 10 (BNA RF. 2004. N 11), the duration of daily (between shifts) rest for an air traffic controller cannot be less than double the duration of work on the working day (shift) preceding the rest. IN in some cases the duration of daily (between shifts) rest can be reduced to the duration of the previous work shift with a corresponding increase in rest time during the current monthly period.

According to clause 25 of the Regulations on the peculiarities of working hours and rest periods for car drivers, approved. By Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 (BNA RF. 2004. N 45), the duration of daily (between shifts) rest, together with the break time for rest and food, must be no less than double the duration of work on the working day (shift) preceding the rest ). When recording working hours in total, the duration of daily (between shifts) rest must be at least 12 hours. For intercity transportation, with cumulative accounting of working hours, the duration of daily (between shifts) rest at turnover points or at intermediate points cannot be less than the duration of the previous shift, and if the vehicle crew consists of two drivers - at least half the time of this shift with a corresponding increase in rest time immediately after returning to your place of permanent work.

4. Weekly uninterrupted rest (weekends) is provided to all employees of at least 42 hours. The specific duration of this type of rest depends on the type of working week and the work regime in the organization (see commentary to Articles 110, 111).

5. Non-working holidays- these are days off from work established by the Labor Code, dedicated to outstanding events or memorable traditional dates (see commentary to Article 112).

6. Vacation as a type of rest time is a certain number of days off from work. calendar days(in addition to holidays non-working days), provided to employees for continuous rest and restoration of performance while maintaining their place of work (position). There is a distinction between annual paid leave (see commentary to Article 114) and unpaid leave wages(see commentary to Article 128).

Chapter 17. GENERAL PROVISIONS

Article 106. Concept of rest time

Rest time is the time during which an employee is free from performing work duties and which he can use at his own discretion.

Article 107. Types of rest time

Types of rest time are:

breaks during the working day (shift);

daily (between shifts) rest;

weekends (weekly uninterrupted rest);

non-working holidays;

Chapter 18. BREAKS IN WORK. WEEKENDS AND NON-WORKING HOLIDAYS

Article 108. Breaks for rest and food

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which work time does not turn on.

The time for granting a break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations of the organization.

Article 109. Special breaks for heating and rest

For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations of the organization.

Workers who work in the cold season in the open air or in closed, unheated rooms, as well as loaders engaged in loading and unloading operations, and other workers in necessary cases special breaks for heating and rest are provided, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Weekends

All employees are provided with days off (weekly continuous rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or the internal labor regulations of the organization. Both days off are usually provided in a row.

In organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days weeks in turn for each group of workers in accordance with the internal labor regulations of the organization.

Article 112. Non-working holidays

Non-working holidays in the Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

In order to rational use For employees on weekends and non-working holidays, the Government of the Russian Federation has the right to transfer days off to other days.

Exceptional cases of involving employees to work on weekends

and non-working holidays

Working on weekends and non-working holidays is generally prohibited.

Employees are recruited to work on weekends and non-working holidays with their written consent in the following cases:

to prevent an industrial accident, catastrophe, eliminate the consequences of an industrial accident, catastrophe or natural disaster;

to prevent accidents, destruction or damage to property;

to carry out previously unforeseen work, the urgent execution of which depends on the future normal operation the organization as a whole or its individual divisions.

It is allowed to attract to work on weekends and non-working holidays creative workers of cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses, media, professional athletes in accordance with the lists of categories of these workers in organizations financed from the budget, in the manner established by the Government of the Russian Federation, and in other organizations - in the manner established by the collective agreement.

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is allowed only if such work is not prohibited to them by law. medical indications. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Chapter 19. HOLIDAYS

Article 114. Annual paid holidays

Employees are provided with annual leave while maintaining their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

Annual basic paid leave is provided to employees for 28 calendar days.

Annual main paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid leave is provided to employees engaged in work with hazardous and (or) dangerous conditions labor, workers with a special nature of work, workers with irregular working hours, workers working in the Far North and equivalent areas, as well as in other cases provided for by federal laws.

Organizations, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations.

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open-pit mining in open-pit mines and quarries, in radioactive contamination zones, and in other work associated with irreparable adverse effects on human health harmful physical, chemical, biological and other factors.

Lists of industries, jobs, professions and positions in which work gives the right to additional paid leave for work under harmful and (or) dangerous working conditions, as well as the minimum duration of this leave and the conditions for its provision are approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees for whom annual additional paid leave is established for the special nature of the work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations of the organization and which cannot be less than three calendar days. In the event that such leave is not provided, overtime in excess of normal working hours, with the written consent of the employee, is compensated as overtime work.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from local budget - local government bodies.

Article 120. Calculation of the duration of annual paid leave

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid.

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

Article 121. Calculation of length of service giving the right to annual basic paid leave

The length of service that gives the right to annual basic paid leave includes:

actual work time;

the time when the employee did not actually work, but in accordance with federal laws, he retained his place of work (position), including the time of annual paid leave;

time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

other periods of time provided for by the collective agreement, employment contract or local regulations of the organization.

The length of service that gives the right to annual basic paid leave does not include:

the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Article 76 of this Code;

time of maternity leave until the child reaches established by law age;

the time of unpaid leave granted at the request of the employee for more than seven calendar days.

The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Article 122. Procedure for granting annual paid leave

Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of his continuous work in this organization. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

employees who adopted a child (children) under the age of three months;

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established in the given organization.

Article 123. Sequence of granting annual paid leave

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of the organization no later than two weeks before the start of the calendar year.

The vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation no later than two weeks before it begins.

Certain categories of employees, in cases provided for by federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work in this organization.

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended in the following cases:

temporary disability of the employee;

the employee performs state duties during his annual paid leave, if the law provides for exemption from work for this purpose;

in other cases provided for by laws and local regulations of the organization.

Annual paid leave by agreement between the employee and the employer is postponed to another period if the employee was not paid in a timely manner during this leave or the employee was notified about the start time of the leave later than two weeks before it began.

In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Article 125. Division of annual paid leave into parts. Review from vacation

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Article 126. Replacement of annual paid leave monetary compensation

Part of the vacation exceeding 28 calendar days, upon the written application of the employee, can be replaced by monetary compensation.

Replacement of vacation with monetary compensation for pregnant women and employees under the age of eighteen, as well as employees engaged in heavy work and work with harmful and (or) dangerous working conditions, is not allowed.

Article 127. Exercise of the right to leave upon dismissal of an employee

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions).

In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to expiration of the term employment contract Leave with subsequent dismissal can be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

Article 128. Leave without pay

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War- up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, or due to an illness associated with military service - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

Rest time according to the Labor Code (nuances)

Rest time according to the Labor Code, along with working hours, is one of key points in the relationship between the company and its employees. The concept of rest time, the regulatory framework, the types and specifics of some of them will be discussed in our article.

The concept of rest time and what belongs to its types

Speaking about the concept of “rest time,” the legislator defines it as time periods during which the employee is not obliged to perform his labor functions and which he has the right to freely dispose of.

Accordingly, only the duration and procedure for providing rest time are normatively determined, but not how a person should spend it.

In addition to the actual rest to replenish expended strength, this concept also includes specific cases when there is a need for release from work (in particular, pregnancy, death close relative, disease).

The types of rest time are given in Art. 107 Labor Code of the Russian Federation:

Breaks within the working day or shift. In Art. 108 of the Labor Code of the Russian Federation talks about a lunch break, which is not subject to accounting as working time, and its duration is limited - from 30 minutes to 2 hours. Employers are free to choose a period within the specified framework, as well as a specific time of provision.
At the request of the employer, such a break can be divided into several parts, for example, 2 times for 30 minutes, which is fixed in the local act of the organization.
Note! This category, in addition to lunch breaks, includes special breaks due to special conditions work, for example for heating.
Daily rest. Not regulated by the Labor Code of the Russian Federation.
Weekly rest (weekends). Cannot be less than 42 consecutive hours.
Holidays. Listed in Art. 112 Labor Code of the Russian Federation.
Vacation. Each employee has the right to go on annual leave (according to general rule- for 28 days). During this period, the person retains his position and average earnings.

Rest time for certain categories of workers

Special rules for organizing the work process and rest time are established labor legislation for the following categories of employees:

persons who need additional support due to social weak position(for example, pregnant women, disabled people, minors);
subjects of certain specialties that require a special nature of work (for example, drivers, teachers).

Examples of regulation in the 1st case are the provisions of the Labor Code of the Russian Federation, imposing categorical ban to recall pregnant women and minor workers from leave, as well as to replace their leave with monetary compensation.

Also, these persons have the right to use vacation before six months have elapsed from the date of their employment in the company.

Disabled people, as well as women with children under 3 years of age, can be recruited to work on holidays and weekends only if they comply with special conditions specified in Art. 113 Labor Code of the Russian Federation.

As for persons with a special nature of work, according to Government Decree No. 877 of December 10, 2002, the regulation of their work and rest time is carried out by federal executive bodies in agreement with the Ministry of Social Development and the Ministry of Health of the Russian Federation.

In relation to persons working in educational institutions, the corresponding provision was approved by order of the Ministry of Education and Science dated March 27, 2006 No. 69, which talks about the need for rational organization of their work process. Teachers have extended annual leave, the specific duration of which depends on the position and organization, as discussed in Chapter. 52 Labor Code of the Russian Federation.

Annual leave: subtleties of providing a new employee

The law requires any employer to approve a schedule of priority and time for providing employees with paid leave no later than December 17 of the previous year.

What to do in a situation where a new employee has taken up a position after the vacation schedule has been approved?

As a general rule, a subject receives the opportunity to take paid leave after six months of work. There are no regulatory requirements for registering leave for a new employee in such cases.

In practice, the following methods are used:

No changes are made to the existing schedule, and the basis for granting leave is the employee’s statement, in which he expresses his wishes regarding the duration and start date of the rest.

Important! This option is convenient, and here's why. If an employee takes up a position in the middle of the year, there is a chance that he will not want to take advantage of vacation this year. This means that the rest period can be postponed to the next year and will be taken into account in the new schedule.

Corresponding changes are made to the schedule. The law does not establish the procedure for reflecting changes. Most often, an appendix to the vacation schedule is drawn up, which provides information about the new employee’s vacation. Changes can be made both when a person is admitted to the organization and when he or she acquires the right to use rest time.

Note! After 6 months of performing work duties, the employee has the right to use the entire vacation, that is, all 28 days, unless it is decided to spend only part of the vacation time.

Other features of registration of annual leave

Minimum annual rest time of the Labor Code of the Russian Federation sets at 28 days. It is permissible to divide it into parts, one of which must be at least 14 days.

Note! Official holidays, which fell during vacation are not taken into account in its duration.

As a general rule, the law does not require an employee to write a leave application. Regardless of the application, rest time is distributed according to the schedule.

If the application is written by an employee to reschedule the vacation periods included in the schedule, or if there is no rest period for the new employee in the schedule (see above), it is important to carefully consider the wording in it:

if the application indicates only the starting date of the vacation and its duration (from March 1 to 14 days), the vacation time will be shifted by the number of holidays falling during this period;
if specific dates are indicated (from February 20 to 25), the duration of the vacation used is calculated minus the holidays included in it.

If the employee has no desire to use the vacation time, only a one-time transfer to the next year is allowed.

Important! It is not possible to replace unused vacation days with monetary compensation if the vacation does not exceed 28 days. If it has not been used in the current and next year, the only opportunity to receive compensation for it will be upon dismissal.

If a person works part-time in several organizations, paid leave for the year is provided exclusively simultaneously to ensure the employee’s complete rest.

Vacation without pay: nuances

If the employee has valid reasons, for example, family reasons, he has the right to apply to the employer for unpaid rest time.

Important! Provisions of Art. 128 of the Labor Code of the Russian Federation generally speaks of the employer’s right to release an employee on such leave. That is, he can refuse if he does not consider the circumstances to be valid. However, at the initiative of the employer, the employee cannot be sent on such leave.

The Supreme Court of the Russian Federation, in paragraph 39 of the resolution of the plenum of March 17, 2004 No. 2, noted that unauthorized leave, including when the employer refuses to provide it, is grounds for dismissal for absenteeism.

Despite this, an unjustified refusal, if there are good reasons, may lead to court proceedings and even the recognition that the employee is right.

In particular, the ruling of the Nizhny Novgorod Regional Court dated March 11, 2008 No. 33-1243/2008 indicated the illegal nature of the plaintiff’s dismissal due to valid reasons for his absence from the workplace, as well as the illegality of the employer’s refusal to satisfy the application for leave submitted in advance.

The Labor Code of the Russian Federation lists the categories of employees to whom the employer is obliged to give unpaid leave, and the maximum duration of such leave (for example, for disabled people - up to 60 days a year).

Note! Unpaid leave of more than 14 days is not included in the length of service on which the subject’s right to annual paid leave depends. Accordingly, the period for providing paid leave is shifted.

Features of registration of leave with subsequent dismissal

Except in cases where the basis for dismissal is absenteeism or another guilty act, the employee has the right to submit an application to use the available leave before dismissal. Then the termination of the contract with the subject will occur on the last day of vacation.

Important! Providing this type of leave is the right of the employer, as noted by the Constitutional Court of the Russian Federation in its ruling dated January 25, 2007 No. 131-О-О. In case of refusal, the latter compensates the employee for all unused vacation time or allows him to take part of the vacation off and compensates for the remaining period. The right to compensation does not depend on the grounds for dismissal.

If an employee, despite the absence of the employer’s consent, goes on such leave without permission, this may result in dismissal for absenteeism.

For example, the Supreme Court of the Komi Republic, in ruling No. 33-5770AP/2012 dated December 17, 2012, refused to reinstate an employee at work because he left the place where he performed his work duties without waiting for the employer’s decision in response to his application for leave, and then returned to work. didn't show up. A similar position was reflected in the ruling of the Moscow City Court dated February 26, 2016 No. 33-6821/2016.

The type of leave in question is arranged as follows:

If the vacation before dismissal coincides with the employee’s rest period noted in the vacation schedule, only his application for resignation at his own request is required. The main thing is that it is issued 2 weeks before last day vacation.
If it does not match, the employee writes 2 statements at once: about dismissal and unscheduled leave. They can be combined into 1 document.

Rest time is periods outside of work functions, the types and duration of which are regulated by the legislator. Moreover, for some categories of employees, due to the nature of their work, special rules are provided. Selected species Rest time, in particular various vacations, are provided taking into account the nuances developed by law and practice.

Any employee has the right to rest. This time is needed to recuperate, find physical and peace of mind. Employers themselves cannot regulate its duration at will. Rest time according to the Labor Code of the Russian Federation has not only its own concept, but also a certain period that the heads of organizations and individual entrepreneurs must adhere to.

The relationship between an employee and his employer is regulated by many legislative acts. Most of the features are spelled out in the Labor Code. It contains information about periods of work and rest. The parties build their relations on the basis of this generally binding document. Working hours, rest time Labor Code of the Russian Federation regulates for all types of labor relations.

Rest time has a clear definition, enshrined in the Labor Code of the Russian Federation. This concept is associated with the following properties:

is the period when the employee is released from work;
a person decides independently how to spend his or her vacation.

The employer cannot influence the decision of a subordinate regarding how to manage his time intended for rest. In addition, as a general rule, the manager does not have the right to give any orders or impose obligations on his employees during this period of time. The only thing he does is draw up and coordinate vacation schedules or other types of recreation.

As an employee's right

The Constitution of the Russian Federation gives every citizen of the country the right to vacation. It is enshrined in Article 37 and cannot be alienated. The Labor Code of the Russian Federation acts as a kind of explanation of this right. It is in this act that it is stated that rest time according to the Labor Code of the Russian Federation and what it should be (sections IV and V).

Note: By rest, the law understands not only vacations, but also other types of pastime.

An employee of any organization has an inalienable right to the following types of rest:

breaks during the work shift (this also includes a break for lunch and other meals);
time allotted for rest between two shifts;
weekend;
holidays;
vacation.

Each of these varieties has its own characteristics and duration. They should be considered separately.

Rest between shifts

The same Labor Code regulates the length of the working day. Its provisions must be followed by the heads of all organizations so as not to violate the law and not incur administrative liability for this. Rest time between shifts of the Labor Code of the Russian Federation is not clearly fixed; you need to be guided by by-laws.

At the same time, the Labor Code establishes the usual duration of weekly work shifts for representatives of any profession. It cannot be more than 40 hours.

If at an enterprise shift work occurs over a period of 5 days, then the duration of one working day should be 8 hours. Depending on the number of working days, the standard for a particular enterprise is determined: by dividing the hours by 5 (with a short working week).

Some types of work have their own separate rules governing the submission Labor Code of the Russian Federation rest time between shifts. This applies, for example, to vehicle drivers.

Break during the working day

In addition to rest between shifts rest time according to the Labor Code of the Russian Federation obliges employers to also take breaks during the day. There are the following varieties (see table).

For food and rest

Specialized breaks

This type of rest should be provided to all employees in the enterprise.
The duration of breaks is not clearly regulated, but they can last no less than half an hour and no more than 2 hours.
The manager can determine the time for rest in two ways:

1) independently, fixing the duration in internal regulations, namely in the labor regulations;
2) by agreement with the subordinate (in this case, the break period is usually specified in the employment contract).

They are also called technical. They apply to those categories of employees who have certain working conditions.
This need may also be related to production technology. For example, a break may be necessary to warm up or clean work areas.

Weekend

The Labor Code regulates the need to provide employees with days off. Their number is affected by the length of the working week. So, there may be two or one weekend. At the same time, Sunday is a generally established day off.

Article 110 of the Labor Code of the Russian Federation clearly establishes the duration of continuous rest during weekends. It must be at least 42 hours.

Holidays

According to Labor Code of the Russian Federation, rest time provides for holidays for employees. A manager's requirement to work during this time is a violation of the law and may lead to administrative sanctions.

Although employees can work on holidays at their own discretion, if necessary. Such an intention on the part of the employee must be expressed in writing, excluding the cases prescribed in Art. 113 Labor Code of the Russian Federation.

Vacation

Vacation also applies in accordance with Labor Code of the Russian Federation for rest time. There are several varieties of it:

annual main;
additional.

During their time, the employee retains his salary and position. The duration of each of them and the procedure for calculating payment are established in accordance with Chapter 19 of the Labor Code of the Russian Federation.

Daily work - according to the Labor Code, rest time under this regime is not specifically regulated; employers are guided by the general rules of Section V of the Labor Code of the Russian Federation. How many and what breaks should there be during daily work, read in this article.

The concept of daily work

Daily work refers to the performance by an employee of his work duties within 24 hours. With regard to such a regime, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) does not contain any prohibitions, but when establishing it, the following must be taken into account:

per week, the employee must work no more than 40 hours - part 2 of Art. 91 of the Labor Code of the Russian Federation (read about those who have a shorter working week in our article “Reduced working hours (nuances)”);
During the week, the employee must have continuous rest for at least 42 hours (Article 110 of the Labor Code of the Russian Federation).
not all categories of workers can be involved in shift work lasting a day due to the presence of restrictions on the length of the working day/week for certain categories of workers (minors, disabled people, etc. - Articles 92, 94 of the Labor Code of the Russian Federation) - see block - diagram below;
not all categories of workers can be involved in work according to such a schedule due to the ban on involving them in work at night - Art. 96 of the Labor Code of the Russian Federation (more details in our article “Payment for night work under the Labor Code (nuances)”).

How to create a work and rest schedule during daily shifts?

The most common schedules in practice are a day after 2 and a day after 3. With such schedules, the requirement for a 40-hour week is violated, so the employer introduces summarized time tracking provided for in Art. 104 Labor Code of the Russian Federation.

Risks! According to Art. 104 of the Labor Code of the Russian Federation, if it is not possible to comply with daily and weekly working time limits, the employer counts the hours worked for the accounting period and controls that they do not exceed the established norm for the accounting period.

The procedure for introducing summarized recording of working time is regulated by internal labor regulations. Accordingly, these rules also determine the accounting period - month, quarter, six months or year. It is not permitted by law to take into account hours worked more than a year (for workers in the industry with hazardous conditions, the limit is 3 months - Part 1 of Article 104 of the Labor Code of the Russian Federation).

Note! Thanks to working time tracking, unworked hours can be covered by overworked hours.

The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers.

Let's look at specific example rules for drawing up a daily work schedule, for example, for April 2019:

scheme - after 3 days;
accounting period - month;
number of working days according to the calendar of a five-day working week - 22;
the number of hours per month that accounts for the reduction in working hours in April 2019 is 1 hour.

Calculation of the standard working hours for a month is carried out in accordance with the Calculation Procedure..., approved. by order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n:

Standard hours = (40 hours x 5 / 22) - 1 hour = 175 hours.

The shift schedule for the month is presented below (C - shift, B - day off).

Work time and rest time with a daily schedule

The start and end times of work are indicated in the internal regulations and, if necessary, in the employment contract.

According to the Labor Code of the Russian Federation, with a daily work schedule, rest time is no different from rest time under other work modes. It is established taking into account the provisions of Chapter. 18 Labor Code of the Russian Federation:

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours (Part 1 of Article 108 of the Labor Code of the Russian Federation). If an employee is on a shift lasting 24 hours, then during this time, then, for example, internal labor regulations may provide for 2 breaks of 1 hour each or 4 breaks of 30 minutes each. etc.;
if the employer cannot provide the employee with the opportunity to leave workplace and use rest time at your own discretion (which most often happens when working daily), then the time for eating and rest will be included in working hours.

Note! In accordance with the above, a shift lasting 22 hours may be indicated in the timesheet (for example, if the employee is given 2 hours for a break during the shift and the employee can leave the workplace) or 24 hours (if the employee was not allowed to leave the workplace). workplace).

Weekends are 2 or 3 days (depending on the mode) after 24 hours worked.

Important! Generally accepted weekends (Saturday, Sunday) or holidays when a shift falls on them are not days off, because The employee works according to his own schedule and his days off are determined precisely in accordance with this shift schedule.

Is the daily schedule considered shift work?

The daily schedule can be established not only during shift work, but also in the flexible schedule mode provided for in Art. 102 Labor Code of the Russian Federation. How they differ - see the table below.

Criteria	Shift work	Flexible working hours
How to make a schedule	By the employer with the approval of the trade union, etc.	By agreement of the parties
Is it possible to assign an employee to 2 shifts in a row?		Possible, with the consent of the employee
What does overtime consist of?	From the hours of work after the shift within Art. 99 of the Labor Code of the Russian Federation + in excess of the norm established for the accounting period	Hours in excess of the norm established for the accounting period
Is summarized working time recording introduced?	Necessarily	Necessarily
Is a night shift reduced by an hour?	Reduced	Doesn't shrink
How are shifts that fall on a holiday paid?		At least double the size
Who should not be placed for a day	Pregnant women, minors, disabled people with children under 3 years old, etc.

Note! Regardless of the type of regime in force at the enterprise, the employee retains his labor rights and guarantees. For example, if an employee fails to show up for work for valid reasons (sick leave, etc.), he is not required to work the missed shift. Of course, all other guarantees provided for by the Labor Code of the Russian Federation are also preserved (the right to annual paid leave, due to a reduction in compensation and payments, etc.)

Wages for daily work

Remuneration for flexible and shift work schedules has the following features:

actual hours worked are paid: salary or rate;
Night work is paid at an increased rate in accordance with Art. 154 of the Labor Code of the Russian Federation (in 2019, the increase occurs at least 20% of the salary / hourly rate for each hour of night time - see Decree of the Government of the Russian Federation dated July 22, 2008 No. 554);
The holiday on which the shift falls is paid at double rate (except for cases where the employee is given a day of rest for working on a holiday - in this case payment is made at a single rate). If only part of the shift falls on a public holiday, then only the hours actually worked on that day are paid at double rate (Part 3 of Article 153 of the Labor Code of the Russian Federation) - you can read about the intricacies of the calculation in the article “How to pay for holidays on a shift schedule ? ;
overtime work for the first 2 hours is paid at 1.5 times the rate, subsequent ones at double rates (Article 152 of the Labor Code of the Russian Federation).

Note! All rates/surcharges/increases can be changed by local acts in a direction greater than those established by the Labor Code of the Russian Federation.

Shift work has such specificity that when calculating the amount of hours actually worked, the employee accumulates overtime hours. In this regard, the employer needs to carefully consider the following points:

he is responsible for accurately recording the overtime of each employee (Part 7, Article 99 of the Labor Code of the Russian Federation);
overtime work should not exceed 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation);
work on weekends and holidays does not qualify as overtime (Part 3 of Article 152 of the Labor Code of the Russian Federation).

To determine the exact amount of payment for overtime work, it is recommended to make calculations for this item at the end of the accounting period.

So, rest time with a daily work schedule is lunch breaks, the next few days after work (established by internal labor regulations), and vacation. Saturday, Sunday and holidays that fall during shifts are not considered days off or overtime. In this case, weekends worked according to the schedule and holidays are paid in double amount (or in single amount, provided that the employee is additionally given a day of rest).