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Working hours and rest times for employees: information for HR officers. II. Work time

"Personnel officer. Labor law for personnel officers", 2011, N 3

WORKING HOURS OF COMMUNICATIONS WORKERS

The article is devoted to the consideration of issues related to the working hours and rest periods of communication workers. The material focuses on such issues as the peculiarities of dividing the working day into parts, the peculiarities of establishing a regime for summarized recording of working hours, overtime work, shift work, the peculiarities of establishing a flexible working time regime, the peculiarities of attracting work on weekends and non-working holidays, work on night time.

Features of working time and rest time individual categories workers in a number of sectors of the economy (communications, transport, energy, etc.) with a special nature of work, in accordance with Part 2 of Art. 100 of the Labor Code of the Russian Federation are determined in the manner established by the Government of the Russian Federation.

Thus, in the Decree of the Government of the Russian Federation dated December 10, 2002 N 877 “On the peculiarities of the working time and rest time of certain categories of workers with a special nature of work” (as amended on February 1, 2005) it is stipulated that the peculiarities of the working time and rest time of certain categories employees with a special nature of work are determined by the relevant federal executive authorities in agreement with the Ministry of Health and Social Development of Russia. In pursuance of this Resolution, in many sectors of the economy of our country, where certain categories of workers have a special nature of work, provisions were adopted on the working hours and rest periods of such workers.

In the Communications industry, which is a production and social infrastructure that operates on the territory of our country as an interconnected production and economic complex designed to meet the needs of citizens and authorities state power(governance), defense, security, law enforcement, physical and legal entities in electrical and postal communication services, Order of the Ministry of Communications of Russia (now the Ministry of Telecom and Mass Communications of Russia) dated 09/08/2003 N 112 approved the Regulations on the peculiarities of working hours and rest time for communication workers with a special nature of work (hereinafter referred to as the Regulations).

The provision applies to communication workers with a special nature of work. However, what exactly is meant by the special nature of the work is not disclosed in the Regulations. It seems that this issue must be resolved on a case-by-case basis. In addition, according to clause 2 of the Regulations, its effect can also be extended by industry organizations in whole or in part to employees of workshops, services, sites and other communication units directly involved in the provision of communication services or operational and technical maintenance of communication equipment. Thus, the Regulations are not applicable to other categories of workers employed in this sector of the economy (for example, lawyers, accountants, security guards, drivers, etc.).

The Regulations focus on such issues as the peculiarities of dividing the working day into parts, the peculiarities of establishing a regime for the summary recording of working hours, overtime work, shift work, the peculiarities of establishing a flexible working time regime, the peculiarities of attracting work on weekends and non-working holidays, work on night time. Let's look at each of the above questions one by one.

Dividing the working day into parts

For individual communication workers, whose work activity is directly related to serving the population, as well as when performing work, the intensity of which is not the same during the working day (shift), in accordance with clause 3 of the Regulations, a division of the working day into parts may be established in the manner prescribed by Art. 105 Labor Code of the Russian Federation. Thus, only the circle of those workers is determined for whom the regime of dividing the working day into parts is applicable, but at the same time the general procedure for introducing this working time regime applies. The working day is divided so that the total working time does not exceed the established duration of daily work. As a rule, the working day is divided into two parts with a break of no more than two hours, including a break for rest and food. The division of the working day into parts is carried out by the employer in accordance with the internal labor regulations or other local regulations adopted taking into account the opinion of the elected body of the primary trade union organization.

For individual communication workers whose working day is divided into parts, the duration of weekly continuous rest in accordance with clause 9 of the Regulations can be set to more than 42 hours, and can also be reduced to 24 hours. However, during the accounting period (month, quarter), the duration of weekly continuous rest must be at least 42 hours.

Due to the fact that the regime of dividing the working day into parts makes it difficult rational use rest time, for individual communication workers working in this mode, it seems rational to establish special additional payments, for example, as a percentage of the tariff rate, salary, as was practiced in relation to individual workers in a number of other sectors of the economy (Resolution of the USSR Council of Ministers dated December 25, 1972 N 884 "On measures to improve the operation of urban passenger transport").

Summarized working time recording

As you know, accurate recording of working time is the basis for full and timely payment. The obligation to keep records of working hours is assigned by the labor legislation of the Russian Federation to the employer. In practice, depending on the length of the accounting period, daily, weekly and summarized accounting of working time is used. In cases where it is impossible to use daily or weekly recording of working time, a summarized one is used. The basis for the introduction of summarized recording of working time is the impossibility, due to production (work) conditions, of meeting the duration of daily or weekly work for a specific category of workers. As a rule, summarized working time recording is used in continuously operating organizations.

When establishing summarized accounting, daily or weekly working hours may exceed the normal number of hours, however, during the accounting period, working hours cannot exceed those permitted by law. As a general rule, the accounting period should not exceed one year.

The communications industry has its own peculiarities regarding the summary recording of working time. According to clause 4 of the Regulations, the introduction of summarized recording of working time for periods from one to three months is provided for in organizations, as well as in individual production and workshops, sections, departments and in some types of work, where, due to the conditions of production (work), the established standard cannot be met. for this category of workers, daily or weekly working hours. Neither the Regulations nor the Order of the Ministry of Communications of Russia dated 09/08/2003 N 112 generally specifies the list of individual communications workers for whom summarized accounting is introduced. At the same time, the Regulations limit the circle of such workers by indicating that summarized accounting can be used in departments and in certain types of work where the normal daily (weekly) working hours are not observed.

The Regulations set the accounting period to last from one to three months. It is prohibited to establish an accounting period of more than three months. Thus, the Regulations improve the working conditions of individual communication workers in comparison with the Labor Code of the Russian Federation, which allows the establishment of a longer accounting period.

The specifics of introducing summarized accounting in each specific communications organization are determined in the internal labor regulations.

Overtime work

In accordance with Art. 99 of the Labor Code of the Russian Federation, overtime work is understood as work performed by an employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period. An employer can involve an employee in overtime work in the following order: with the written consent of the employee (Part 2 of Article 99 of the Labor Code of the Russian Federation); without the consent of the employee (Part 3 of Article 99 of the Labor Code of the Russian Federation); with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization (Part 4 of Article 99 of the Labor Code of the Russian Federation); with the written consent of the employee and provided that this is not prohibited for health reasons in accordance with a medical report (Part 5 of Article 99 of the Labor Code of the Russian Federation). Pregnant women, workers under the age of 18, and other categories of workers are not allowed to work overtime in accordance with the Labor Code of the Russian Federation and other federal laws. The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year. The employer is required to ensure that each employee's overtime hours are accurately recorded.

The issue of involving individual communications workers in overtime work is addressed in clause 5 of the Regulations. This norm is a reference and directs us to Art. 99 of the Labor Code of the Russian Federation, which establishes cases of involving an employee in overtime work. However, in addition to the general procedure, paragraph 5 of the Regulations indicates a number of situations when individual communications workers may be involved in work outside normal duration working day. Such situations include: carrying out urgent work to eliminate accidents on communication lines and station equipment; carrying out work on the transportation and delivery of mail and periodicals in cases of delay of railway, air, sea, river and road transport or untimely submission of periodicals by publishing houses; processing increased telephone, telegraph and postal exchanges on the eve of holidays (January 1, 2 and 7, February 23, March 8, May 1, 2 and 9, June 12, November 7 and December 12); processing orders for periodicals during the subscription campaign; unscheduled delivery of pensions.

Involvement in overtime work in the above exceptional cases is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization. The duration of overtime work is determined in accordance with Art. 99 Labor Code of the Russian Federation. Payment for overtime work is made according to the rules of Art. 152 Labor Code of the Russian Federation.

Shift work

In accordance with Art. 103 of the Labor Code of the Russian Federation, shift work is work in two, three or four shifts, which is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more effective use equipment, increasing the volume of products or services provided. At shift work Each group of workers must work during the established working hours in accordance with the shift schedule. When drawing up shift schedules, the employer must take into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. As a rule, shift schedules are annex to the collective agreement. Shift schedules are brought to the attention of employees no later than one month before they come into effect. Working two shifts in a row is prohibited. These are General requirements to the organization of shift work, provided for by the Labor Code of the Russian Federation.

The introduction of shift schedules for individual telecommunications workers working in shifts is provided for in clause 6 of the Regulations.

A feature of the approval of shift schedules in accordance with the Regulations is the provision of the right to sign them in exceptional cases (bad weather, impassability, unfavorable weather) managers structural divisions with their subsequent approval by the employer, taking into account the opinion of the representative body of employees. The possibility of approval of shift schedules by heads of structural units should be provided for in the local act of the organization, issued by an authorized representative of the employer. If the decision of the head of a structural unit to approve a shift work schedule is declared illegal and/or unreasonable, the employer must bear responsibility.

Another feature provided for in clause 6 of the Regulations is the possibility of changing approved work schedules in exceptional cases caused by production needs. However, it must be taken into account that changes to the work schedule must occur in the same order as established for its approval. Engaging an employee to work according to a new amended schedule before the expiration of the one-month period established for his familiarization with the new shift schedule is permitted only with his written consent.

According to clause 9 of the Regulations, the duration of weekly continuous rest for individual telecommunications workers working in shifts, as well as in the case of establishing a work schedule with the division of the working day into parts, can be set to more than 42 hours and reduced to 24 hours, provided that during the accounting period ( month, quarter) the duration of weekly uninterrupted rest must be at least 42 hours.

Flexible working hours

Flexible working hours in accordance with Art. 102 of the Labor Code of the Russian Federation is characterized by the fact that for individual employees or teams of organizational units, self-regulation of the beginning and end of the work is allowed (within certain limits) work shift subject to full completion of the established duration of daily work, if the work is performed daily within a 5- or 6-day week. With summarized accounting, self-regulation of the total duration of the work shift is allowed, provided that the number of hours falling within the accounting period (week, month, etc.) is fully worked out. The main element of the flexible working time regime is sliding (flexible) work schedules. They are established by agreement between the employer and employees both when hiring and during the process labor activity. An agreement on flexible working hours can be reached either for a specified period or without specifying a period. The establishment of flexible working hours is formalized by order (instruction) of the employer.

The components of the flexible working time regime are: variable (flexible) time at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion; fixed time - the time all workers are required to be at work under the flexible working time regime; a meal and rest break, which usually divides a fixed time into two approximately equal parts; the duration of the accounting period, which determines the calendar time (week, month, etc.) during which everyone must work the norm of working hours established by law.

Individual telecom workers can also work in flexible working hours. Thus, in accordance with paragraph 6 of the Regulations, in those jobs where this is necessary due to the special nature of the work, and also where the intensity of work is not the same, a flexible working time regime is applied. The beginning, end or total duration of the working day is determined by agreement of the parties. The List of categories of communication workers for whom a flexible working time regime can be established has also been approved (Appendix No. 2 to Order of the Ministry of Communications of Russia dated September 8, 2003 No. 112).

Recruitment to work on weekends

and non-working holidays

This issue is discussed in the Regulations in in general terms. According to clause 7 of the Regulations, calling workers to the place of work outside their working hours or outside shift schedules, as well as set days rest or on non-working holidays is allowed only in exceptional cases and with the written consent of employees. The Regulations include the following as exceptional cases, namely: prevention of an industrial accident, catastrophe, elimination of the consequences of an industrial accident, catastrophe or natural disaster; prevention of accidents, destruction or damage to property; carrying out unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual divisions depends.

In other cases, including to replace a sick employee, 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 communications organization. Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Night work

In accordance with Art. 96 of the Labor Code of the Russian Federation, the time from 22 pm to 6 am is considered night time. In order to reduce unfavorable factors work at night, there is a rule according to which the duration of work (shift) at night is reduced by one hour without further work. In accordance with the legislation of the Russian Federation, a night shift is considered to be a shift in which at least half of the work time is at night. The duration of work at night can be equalized with work in daytime only in cases where this is caused by production conditions (for example, on shift work with a 6-day working week; in continuous production, etc.).

The duration of night work is not reduced for employees for whom a reduced maximum working time limit has been established. In addition to the exceptions to this rule in Part 3 of Art. 96 of the Labor Code of the Russian Federation stipulates that the duration of night work is not reduced even in the case where an employee is hired specifically for night work. The Labor Code of the Russian Federation contains only an approximate list of workers who cannot be allowed to work at night.

Night work is paid at an increased rate established by the collective agreement (remuneration regulations) of the organization, but not lower than that provided by law.

Clause 8 of the Regulations is devoted to the involvement of individual communications workers in night work. Thus, if individual communications workers are involved in work at night, with continuous operation of communications facilities, the duration of work at night can be equalized with the period of work during the day. This makes it possible not to reduce the duration of work (shift) at night by one hour without subsequent work, as required by Art. 96 Labor Code of the Russian Federation. When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.

Regulation of other issues of working time and rest time for individual communication workers that are not provided for in the Regulations is carried out in accordance with the general procedure in accordance with the current legislation of the Russian Federation.

Bibliography

1. Brief statistical collection. Russia in numbers 2008. federal Service state statistics (Rosstat). M., 2008.

A. Leskov

Signed for seal

New edition of Art. 100 Labor Code of the Russian Federation

The working hours must include the duration working week(five-day with two days off, six-day with one day off, working week with days off on a rotating schedule, part-time work), work with irregular working hours for certain categories of workers, duration of daily work (shift), including part-time work day (shift), start and end time of work, time of breaks in work, number of shifts per day, alternation of workers and non-working days, which are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and for employees whose working hours differ from general rules installed at of this employer, - employment contract.

Features of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government Russian Federation.

Commentary on Article 100 of the Labor Code of the Russian Federation

The working hours are regulated by Chapter 16 of the Labor Code of the Russian Federation. Under working hours in labor law refers to the distribution of working hours for a given category of workers within a certain calendar period.

According to Article 100 of the Labor Code of the Russian Federation, the working time regime must provide for the length of the working week (5-day with two days off, 6-day with one day off, working week with days off on a sliding schedule; daily and summarized recording of working hours); work with irregular working hours for certain categories of workers; duration of daily work (shift); start and end times of work; time of breaks from work; number of shifts per day; alternation of working and non-working days, which are established by a collective agreement or internal labor regulations of the organization.

Working hours can only be established by internal labor regulations, in contrast to the current norm, which allows it to be enshrined in a collective agreement. For employees with an individual regime, it is established by the employment contract.

Part-time work is allocated as separate regime working hours.

Working hours are established for persons who have entered into an employment contract, i.e. for workers. In this regard, it is necessary to distinguish between the working hours of employees and the operating mode of the organization itself. For example, the organization is continuously operating (works around the clock), and employees work in shifts. Currently, the working hours for all employees may be the same. It may be different for employees of individual departments. The parties to an employment contract, by mutual agreement, can also establish an individual work schedule, if this does not worsen the employee’s working conditions in comparison with current legislation or a collective agreement.

The Government of the Russian Federation adopted Resolution No. 877 of December 10, 2002 “On the peculiarities of working time and rest time for certain categories of workers with a special nature of work,” which establishes that, in accordance with Article 100 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides to establish that the peculiarities of the regime working time and rest time for certain categories of workers with a special nature of work are determined by the relevant federal executive authorities in agreement with the Ministry of Labor and social development of the Russian Federation and the Ministry of Health of the Russian Federation.

On this moment The following provisions were approved:

1) Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 N 15 “On approval of the Regulations on the peculiarities of the working hours and rest periods of car drivers”;

2) Order of the Ministry of Railways of the Russian Federation dated March 5, 2004 No. 7 “On approval of the Regulations on the peculiarities of the regime of working time and rest time, working conditions of certain categories of workers railway transport directly related to train traffic";

3) Order of the Ministry of Transport of the Russian Federation dated January 30, 2004 N 10 “On approval of the Regulations on the peculiarities of the working time and rest time of employees engaged in management air traffic civil aviation Russian Federation";

4) Order of Roshydromet dated December 30, 2003 N 272 “On approval of the Regulations on the peculiarities of working hours and rest time for employees of operational and production organizations of Roshydromet, their structural divisions that have a special nature of work”;

5) Order of the Ministry of Communications of the Russian Federation dated September 8, 2003 N 112 “On approval of the Regulations on the peculiarities of working hours and rest time for communication workers with a special nature of work”;

6) Order of the Federal Fisheries Committee of the Russian Federation dated August 8, 2003 N 271 “On approval of the Regulations on the peculiarities of working hours and rest time for certain categories of fishery workers who have a special nature of work”;

7) Order of the Ministry of Transport of the Russian Federation dated May 16, 2003 N 133 “On approval of the Regulations on the peculiarities of the working time and rest time for workers of floating vessels of inland vessels water transport";

8) Order of the Ministry of Defense of the Russian Federation dated May 16, 2003 N 170 “On the peculiarities of the working hours and rest periods of crew members (civilian personnel) of support vessels of the Armed Forces of the Russian Federation”;

9) Order of the Ministry of Finance of the Russian Federation dated April 2, 2003 N 29n “On approval of the Regulations on the peculiarities of working time and rest time for employees of organizations engaged in production precious metals And precious stones from alluvial and ore deposits";

10) Resolution of the Ministry of Labor of the Russian Federation of July 12, 1999 N 22 “On establishing the duration of the working week for crew members of civil aviation aircraft”;

11) Resolution of the Ministry of Labor of the Russian Federation of February 20, 1996 N 11 “On approval of the Regulations on working time and rest time for workers of floating vessels navy".

The Labor Code of the Russian Federation regulates the following types of working hours, which are established by a collective agreement or internal labor regulations:

1) daily recording of working hours;

2) summarized recording of working time;

3) irregular working hours;

4) flexible working hours;

5) multi-shift operating mode;

6) working day, divided into parts.

Another comment on Art. 100 Labor Code of the Russian Federation

1. Working hours (work hours) mean the distribution of work during a certain calendar period. Article 100 of the Labor Code of the Russian Federation contains a list of elements of the working time regime and determines the procedure for its establishment.

2. Working hours are established by internal labor regulations. When establishing it, the requirements of the law regarding normal and reduced working hours, limiting the duration of shifts for certain categories of workers, reducing the duration of work at night and on the eve of non-working holidays and weekends must be observed (Articles 91, 92, 94 - 96 of the Labor Code of the Russian Federation ).

3. The Labor Code provides for the possibility of establishing in organizations various types working weeks, differing from each other in the number of working days and the procedure for providing days off: a five-day work week with two days off, a six-day work week with one day off, a work week with days off on a sliding schedule, a part-time work week. For the rules for providing days off for each type of working week, see Art. 111 of the Labor Code of the Russian Federation and commentary to it.

4. When working in shifts, the working hours must determine the number of shifts per day, the alternation of working and non-working days. Work can be organized in one, two, three or four shifts (see Article 103 of the Labor Code of the Russian Federation and the commentary thereto).

5. The duration of daily work (shift), as well as other elements of the working time regime, is regulated by internal labor regulations, and the maximum duration of daily work is not established by law (the exception is the duration of the shift for workers with shortened working hours - see Article 94 of the Labor Code of the Russian Federation and a commentary thereto).

6. The working time regime may provide for the division of the working day into parts, summarized recording of working time; It is also possible to use a flexible working time regime (see Articles 102, 104, 105 and commentary thereto).

7. Working hours can be the same for all employees of the organization or different for employees of individual departments.

Since the working hours for individual employees may differ from the general rules established by a given employer (part-time work week, part-time work, etc.), Part 1 of Art. 100 specifically stipulates that in these cases the working hours are established by the employment contract. The working hours established for an employee by an employment contract should not worsen his working conditions in comparison with those established by law or a collective agreement.

8. On the regime of irregular working hours for certain categories of workers, see Art. 101 of the Labor Code of the Russian Federation and commentary to it.

9. It is necessary to distinguish between the working hours of employees and the operating hours of the organization. An organization, for example, can work around the clock, and employees are busy working in shifts.

10. Features of the working time regime established in accordance with Part 2 of Art. 100 TC, apply to employees transport organizations, communications organizations, emergency rescue services and some others. The procedure for determining the specifics of the working time and rest time regime for workers with a special nature of work is established by Decree of the Government of the Russian Federation of December 10, 2002 N 877. According to this Resolution, the specifics of the working time and rest time regime for employees with a special nature of work are determined by the federal executive bodies authorities with appropriate approvals.

11. In pursuance of this Government Decree, Order of the Ministry of the Russian Federation for Communications and Informatization dated September 8, 2003 N 112 approved the Regulations on the peculiarities of working hours and rest time for communication workers with a special nature of work. The regulation provides for the possibility of introducing for employees of communication departments directly involved in the operational and technical maintenance of communication equipment or the provision of communication services, a summarized recording of working time for periods of one to three months, the establishment of a working day divided into parts, and the use of a flexible working time regime. The same Order approved the Lists of categories of communication workers for whom a divided working day and flexible working hours may be established.

12. Order of Roshydromet dated December 30, 2003 N 272 approved the Regulations on the peculiarities of working hours and rest time for employees of operational and production organizations of Roshydromet, their structural divisions that have a special nature of work.

13. In relation to employees of organizations engaged in the extraction of precious metals and precious stones from alluvial and ore deposits, the Regulations on the peculiarities of working hours and rest time, approved by Order of the Ministry of Finance of the Russian Federation of April 2, 2003 N 29n, apply. The regulations provide for the establishment of a summarized accounting of working time with an accounting period lasting one calendar year; working hours and rest time within the accounting period are established by the work schedule, which is approved by the employer; Depending on the specific production conditions, the work schedule may set the duration of the work shift to no more than 12 hours.

14. On the peculiarities of the working hours of workers whose work is directly related to movement Vehicle, see Art. 329 of the Labor Code of the Russian Federation and commentary to it.

Establish that the features of the working time and rest time regime for certain categories of workers with a special nature of work are determined by the relevant federal executive authorities in agreement with the Ministry of Labor and social protection the Russian Federation and the Ministry of Health of the Russian Federation, and in the absence of a corresponding federal executive body - the Ministry of Labor and Social Protection of the Russian Federation.

Judicial practice and legislation - Decree of the Government of the Russian Federation of December 10, 2002 N 877 (as amended on September 4, 2012) “On the peculiarities of working hours and rest time for certain categories of workers with a special nature of work”

3.2.3.1. Regulation of work and rest of employees of organizations engaged in the extraction of precious stones from alluvial and ore deposits in uninhabited, remote areas or areas with special natural and climatic conditions, is carried out in accordance with Art. 100 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation dated December 10, 2002 N 877 “On the peculiarities of the working time and rest time regime for certain categories of workers with a special nature of work”, as well as the Regulation “On the peculiarities of the working time and rest time regime for employees of organizations engaged in production precious metals and precious stones from alluvial and ore deposits", approved by order of the Ministry of Finance of the Russian Federation dated April 2, 2003 N 29n.

According to Part 2 of Article 100 of the Labor Code of the Russian Federation, the specifics of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.

As can be seen from the legal formulation, the circumstance that makes it possible to introduce special working hours is the presence of special working conditions. However, the legislation does not define what specific features of work allow the introduction of a special working time regime. Apparently for introduction special regime working hours, it must be proven that it is impossible to comply with the established weekly working hours due to different workloads in individual months or seasons.

In Decree of the Government of the Russian Federation of December 10, 2002 N 877 “On the peculiarities of working hours and rest time for certain categories of workers with a special nature of work” (as amended and supplemented on February 1, 2005) stipulates that the specifics of working hours and rest time for certain categories of workers with a special nature of work are determined by the relevant federal executive authorities in agreement with the Ministry of Health and Social Development of the Russian Federation.

Thus, federal executive authorities received the right, in agreement with the Ministry of Labor of the Russian Federation and the Ministry of Health of the Russian Federation, to independently determine the features of the working time regime for certain categories of workers. The basis for establishing these features is the presence of a special nature of the work.

To date, the following departmental acts have been developed and approved aimed at regulating the working hours of certain categories of workers:

Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 N 139 "On approval of the Regulations on the peculiarities of working hours and rest time for crew members of civil aviation aircraft of the Russian Federation" ;

Order of the Ministry of Transport of the Russian Federation dated October 18, 2005 N 127 “On approval of the Regulations on the peculiarities of the working hours and rest periods of tram and trolleybus drivers” ;

Order of the Ministry of Transport of the Russian Federation dated June 8, 2005 N 63 "On approval of the Regulations on the peculiarities of working hours and rest time for metro workers" ;

Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 N 15 “On approval of the Regulations on the peculiarities of working hours and rest time for car drivers” ;

Order of the Ministry of Railways of the Russian Federation dated March 5, 2004 No. 7 “On approval of the Regulations on the peculiarities of the regime of working time and rest time, working conditions of certain categories of railway transport workers directly related to the movement of trains” ;

Order of the Ministry of Transport of the Russian Federation dated January 30, 2004 N 10 “On approval of the Regulations on the peculiarities of the working hours and rest periods of workers involved in air traffic control of civil aviation of the Russian Federation” ;

Order of Roshydromet dated December 30, 2003 N 272 “On approval of the Regulations on the peculiarities of working hours and rest time for employees of operational production organizations of Roshydromet, their structural divisions that have a special nature of work” ;

Order of the Ministry of Communications of the Russian Federation dated September 8, 2003 N 112 "On approval of the Regulations on the peculiarities of working hours and rest time for communication workers with a special nature of work" ;

Order of the State Fisheries Committee of the Russian Federation dated August 8, 2003 N 271 “On approval of the Regulations on the peculiarities of working hours and rest time for certain categories of fishery workers who have a special nature of work” ;

Order of the Ministry of Transport of the Russian Federation dated May 16, 2003 N 133 “On approval of the Regulations on the peculiarities of the working hours and rest periods of workers of floating vessels of inland water transport vessels” ;

Order of the Ministry of Defense of the Russian Federation dated May 16, 2003 N 170 “On the peculiarities of working hours and rest time for crew members (civilian personnel) of support vessels of the Armed Forces of the Russian Federation” ;

Order of the Ministry of Finance of the Russian Federation dated April 2, 2003 N 29n “On approval of the regulations on the peculiarities of working hours and rest time for employees of organizations engaged in the extraction of precious metals and precious stones from alluvial and ore deposits” ;

Resolution of the Ministry of Labor of the Russian Federation of July 12, 1999 N 22 “On establishing the duration of the working week for crew members of civil aviation aircraft” ;

Resolution of the Ministry of Labor of the Russian Federation of June 3, 1997 N 27 “On the work and rest regime of crew members of port fleet sea vessels” ;

Resolution of the Ministry of Labor of the Russian Federation of February 20, 1996 N 11 "On approval of the regulations on working time and rest time for workers of floating ships of the navy" .

It is important to emphasize that these acts (and newly adopted acts) must not contradict the labor code and other legislative acts and must be registered in the prescribed manner with the Ministry of Justice of the Russian Federation. In practice, there are examples when certain provisions of these acts were declared invalid (Definition of the Cassation Board Supreme Court RF dated March 16, 2006 N KAS06-57 Decision of the Supreme Court of the Russian Federation dated January 19, 2006 on recognizing partially invalid the Regulations on the peculiarities of the working time and rest time regime, working conditions of certain categories of railway transport workers directly related to the movement of trains, approved by order of the Ministry of Railways of the Russian Federation dated March 5, 2004 N 7, canceled in terms of declaring paragraph 2 of paragraph 9 of the Regulations invalid) .

Since our research is limited to specific tasks and a given scope, we will consider only the characteristics of certain categories of workers (in the third chapter of the work more attention will be paid to this issue).

So, among the special working hours for certain categories of workers, emergency services can be distinguished. According to Federal law"On emergency rescue services and the status of rescuers" installed special mode work (service) and rest of rescuers, for whom daily activities The mode of work (service) is determined by internal labor regulations, duty schedules, schedules of classes or other activities special training(Clause 1 of Article 28). According to paragraph 3 of Article 28 of the Federal Law “On emergency rescue services and the status of rescuers,” the duty time of rescuers of professional rescue services, emergency rescue units at home in standby mode is taken into account in the amount of one-fourth of an hour for each hour of duty.

A special working time regime is established for communication workers with a special nature of work (Regulations on the peculiarities of the working time regime and rest time for communication workers with a special nature of work). Thus, the list of categories of communication workers for whom a flexible working time regime can be established includes:

Workers performing work to eliminate accidents and damage to communications equipment.

Employees of radio centers, radio stations, television centers, relay television stations, radio broadcast television stations, radio broadcast and radio broadcast nodes, radio relay highways when these organizations operate in sessions.

Workers of control centers for systems and networks of satellite communications and broadcasting, space communications centers, earth stations for satellite communications and reception and transmission of television and radio broadcasting programs, images of newspaper pages when these facilities operate around the clock or in sessions.

Telecom operators engaged in production operations such as receiving and sending, loading and unloading, transporting mail, sorting written correspondence, and forwarding periodicals, removing letters from mailboxes.

A special working time regime is established for water transport workers (Regulations on the peculiarities of the working time regime and rest time for workers of floating vessels of inland water transport vessels). You can select following features. For female seafarers working in the Far North and equivalent areas, as well as for workers aged 17 to 18 years, a 36-hour work week is established, i.e. The duration of daily work (shift) is 7.2 hours from Monday to Friday inclusive, with two days off on Saturday and Sunday.

The start and end times of the daily work of crew members are determined by watch schedules or work schedules drawn up in the prescribed manner and approved by the employer or on his behalf by the captain of the ship.

Schedules are set:

For seafarers who are on watch during the day (00.00 - 24.00),

For other crew members, as a rule, during the daytime (06.00 - 18.00).

For workers on high-speed vessels, where work conditions require the presence of two watches, the time spent on board between shifts is included in working hours in the amount of at least 50 percent. The duration of the period included in working hours is established by a collective agreement (agreement) or a local regulatory act of the organization, taking into account the opinion of the elected trade union body or other representative body of workers.

The maximum permissible duration of the daily work (shift) of a crew member, including the time of keeping watches (works), performing, along with one’s duties, work for a short-staffed employee and performing additional work not included in the scope of his direct duties job responsibilities, should not exceed 12 hours.

Let's move on to consider the features of the working time regime using the example of a specific enterprise.

Decree of the Government of the Russian Federation of December 10, 2002 N 877 “On the peculiarities of the regime of working time and rest time for certain categories of workers with a special nature of work” // Collection of legislation of the Russian Federation. - December 16, 2002 - No. 50. - Article 4952.

Order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 N 69 “On the peculiarities of working hours and rest time for teaching and other employees of educational institutions” // Bulletin of normative acts of federal executive authorities. - August 7, 2006 - No. 32.

Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 N 139 “On approval of the Regulations on the peculiarities of working hours and rest time for crew members of civil aviation aircraft of the Russian Federation” // Bulletin of normative acts of federal executive authorities. - February 6, 2006 - No. 6.

Order of the Ministry of Transport of the Russian Federation dated June 8, 2005 N 63 “On approval of the Regulations on the peculiarities of working hours and rest time for metro workers” // Bulletin of normative acts of federal executive authorities. - July 25, 2005 - No. 30.

Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 N 15 “On approval of the Regulations on the peculiarities of the working hours and rest periods of car drivers” // Bulletin of normative acts of federal executive authorities. - November 8, 2004 - No. 45.

Order of Roshydromet dated December 30, 2003 N 272 “On approval of the Regulations on the peculiarities of working hours and rest time for employees of operational and production organizations of Roshydromet, their structural divisions that have a special nature of work” // Bulletin of normative acts of federal executive authorities. - April 5, 2004 - No. 14.

Order of the Ministry of Communications of the Russian Federation dated September 8, 2003 N 112 “On approval of the Regulations on the peculiarities of working time and rest time for communication workers with a special nature of work” // New laws and regulations. - 2003 - N 38.

Order of the Ministry of Transport of the Russian Federation dated May 16, 2003 N 133 “On approval of the Regulations on the peculiarities of the working time and rest time for workers of floating vessels of inland water transport vessels” // New laws and regulations. - 2003 - No. 37.

Order of the Ministry of Finance of the Russian Federation dated April 2, 2003 N 29n “On approval of the Regulations on the peculiarities of working hours and rest time for employees of organizations engaged in the extraction of precious metals and precious stones from alluvial and ore deposits” // Bulletin of normative acts of federal executive authorities. - August 4, 2003 - No. 31.

Resolution of the Ministry of Labor of the Russian Federation of July 12, 1999 N 22 “On establishing the duration of the working week for crew members of civil aviation aircraft” // Bulletin of the Ministry of Labor and Social Development of the Russian Federation. - 1999 - No. 8.

Resolution of the Ministry of Labor of the Russian Federation dated June 3, 1997 N 27 “On the work and rest regime of crew members of sea vessels of the port fleet” // Bulletin of normative acts of federal executive authorities. - 1997 - No. 14

Resolution of the Ministry of Labor of the Russian Federation of February 20, 1996 N 11 “On approval of the regulations on working time and rest time for workers of floating personnel of sea vessels” // Russian news. - May 28, 1996

Determination of the Cassation Board of the Supreme Court of the Russian Federation dated March 16, 2006 N KAS06-57 // Bulletin of the Supreme Court of the Russian Federation. - 2007 – No. 2

Federal Law of August 22, 1995 N 151-FZ “On emergency rescue services and the status of rescuers” // Collection of legislation of the Russian Federation. - August 28, 1995 - No. 35. – Article 3503.

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