Maximum allowed work time during the day and week is established by law, in particular, the Labor Code (Article 91 of the Labor Code of the Russian Federation).

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But exactly what time employees start work, finish it, go on a break, that is, what the working hours will be, each employer decides independently. It is based on the needs of the organization.

If the regime is the same for all employees, then it is enshrined in the Internal Rules labor regulations(PVTR). And every employee entering work is familiarized with this document upon signature.

If the work procedure is different for some employees, this is stated in their instructions.

For example, in an organization the working day starts at 8:30 and lasts until 17:30. It includes an hour and a half break from 12 to 13-30. This is indicated in the corresponding paragraph of the PVTR. However, system administrator Ivanov works from 10 to 20 o’clock and has lunch from 3 to 5 o’clock in the afternoon. This is agreed upon in advance and written down in his contract with the employer. He is not obliged to comply with this point of the schedule and arrive at 8-00.

In what cases is a document required?

The law does not prohibit an employer from changing working hours. As a rule, the basis for such a decision is the peculiarities of business processes.

The reform can affect the entire organization as a whole, as well as individual divisions or even employees. But such a change must be properly formalized. In addition, the changes introduced should not lead to a deterioration in working conditions and the situation of workers.

A change in working hours is entered by a local document - an order. But its content and approval procedure depend on where exactly the current working time regime was recorded.

There can be three options:

• the regime is the same for everyone and is prescribed only in the PVTR;
• the regime is the same for everyone and is prescribed in the PVTR and the employment contract;
• The regime is individual and is included only in the employment contract.

The rules of procedure have a special approval procedure. It is described in Art. 190 TK. Workers, through their representatives (trade union), participate in the discussion of its conditions.

The document agreed upon with them is approved by order. Any changes to the PVTR are also formalized. If the Rules serve as an appendix to, then their changes are subject to the rule of Art. 44 TK.

Another option for changing working hours is the will of the employer. But not in any case, but only if this is due to the reasons set out in Art. 74 TK.

Changes in working conditions must be justified by objective changes in the work process, technological, organizational, or a combination thereof. This should also be reflected in the order.

Changes to the employment contract, including those relating to working hours, are made by agreement of both parties (Article 72 of the Labor Code).

The agreement reached must be recorded in writing in the form. Otherwise, such innovations are illegal and the employee has the right to seek protection of his rights through the labor inspectorate or the court.

Reasons for drawing up

The grounds for issuing an order to change working hours in this way will be:

• written consent of the employee and an additional agreement drawn up in accordance with all the rules;
• collectively negotiated new option PVTR, reflecting changes in working conditions in the organization (organizational or technological).

Who makes the decision?

The decision on all changes, including working hours, is made by the manager. This is within his competence.

But there are two important points here.

If we are talking about introducing new conditions into an employment contract, then a written agreement with the employee is required (Article 72 of the Labor Code). Well, the procedure for adopting the PVTR, according to Art. 190 of the Labor Code, requires agreement on new working hours with the trade union or other employee representatives.

A sole decision of the manager made in violation of these requirements will become a reason for a labor dispute.

Rules for issuing an order to change working hours

An order to change working hours, like any administrative document, must have the following required details:

• Name of the organization;
• document type;
• date of compilation;
• serial number;
• title;
• main text;
• manager's signature;
• necessary approvals.

Main sections

As for the content of the order, it consists of several important blocks:

• justification for the changes introduced (agreement with the employee or change in working conditions);
• abolition of the old regime;
• a complete description of the new working hours;
• the date of its introduction;
• instructions to warn workers in advance about changes in their working conditions.

Document form

Like anyone important document, an order to change working hours is drawn up in writing.

Its original, signed by the director, is kept in general department or in the employee’s personal file (if we are talking about).

Documents issued on its basis will also be written: notifications and additional agreements.

Sample order (drawing example)

Here is a sample order to change the working hours for the entire organization:

If we are talking about changing the working hours for a specific employee, then it is necessary to draw up an order and conclude a written agreement on the changes made to the employment contract.

Order:

The main text of such a document will be as follows:» the working hours are set from 09-00 to 17-30 with a break from 12-30 to 13-00 lasting 30 (thirty) minutes.

Example of an additional agreement:

Important nuances

It is not enough to correctly draw up and sign an order to change working hours. There are a number of legal requirements that must be met. Namely, employees need to be notified of upcoming changes. And this must be done no later than two months before the introduction of the new regime (Article 74 of the Labor Code).

That is, if the order says that changes are introduced from December 1, then the order is signed not on November 30, but at least on October 1, and preferably even earlier. Then, on its basis, additional agreements are drawn up with employees.

Example notification:

How to introduce employees?

Employees must be familiarized with the changes being introduced by signature. But it is not placed on the order, but on the individual written notification that each of them receives.

This document specifies the reason for the changes, the deadline for their introduction and information about the consequences of the employee’s refusal to work in this mode (according to clause 7, part 1, article 77 of the Labor Code).

The employee either receives the notice in hand or refuses to do so. In this case, an act is drawn up. In this case, the notification is read out orally.

A notice may also be sent to a refused or absent employee by mail to the address specified in the employment contract. In this case, the employer is considered to have fulfilled his obligation to promptly warn his subordinates.

How much and where should it be stored?

Main normative document, which determines the shelf life administrative documents, is a list standard documents, approved Rosarkhiv in 2000

Article 69. Payment for work overtime, on public holidays, holidays and weekends

Each hour of overtime work is paid:
1) workers with piecework wages - not lower than double piecework rates;
2) employees with time-based payment labor, as well as those receiving official salaries, - not lower than double hourly tariff rates (salaries).

By agreement with the employer, the employee may be given another day of rest for working overtime.
Work on public holidays, holidays (part one of Article 147) and weekends is paid no less than double the amount according to the rules of part one of this article. At the same time, for employees receiving a monthly salary, payment is made in the amount of not less than a single hourly salary. tariff rate(salary) in excess of the monthly salary, if the work was performed within the monthly working time norm, and in an amount not lower than the double hourly tariff rate (salary) in excess of the monthly salary, if the work was performed in excess of the monthly norm.
(as amended by the Law of the Republic of Belarus dated July 20, 2007 N 272-З)
For work overtime, on public holidays, public holidays (part one of Article 147) and weekends, bonuses are calculated on earnings at single piece rates or at a single tariff rate.
Article 110. Working time and its regulation

Working time is considered to be the time during which the employee, in accordance with labor, collective agreements, and internal labor regulations, is required to be at the workplace and perform his job duties.
A worker also includes time of work performed at the suggestion, order or with the knowledge of the employer in excess of the established working hours (overtime, work on public holidays, holidays and weekends).
Working time is standardized by establishing norms for its duration throughout the calendar week ( work week) and during the day (working day, work shift).
The regulation of working hours is carried out by the employer, taking into account the restrictions established by this Code and the collective agreement.
Article 119. Overtime work

Overtime is considered to be work performed by an employee at the suggestion, order or with the knowledge of the employer in excess of the working hours established for him, provided for by the internal labor regulations or the shift schedule.
Overtime work performed in excess of the established working hours is not recognized:
1) on the initiative of the employee himself without a proposal, order or with the knowledge of the employer;
2) by part-time workers within a full working day (shift);
3) part-time workers for the same employer while performing another function, as well as for another employer in excess of the main work hours;
4) homeworkers.
Article 120. Limitation of overtime work

Involvement in overtime work is permitted only with the consent of the employee, with the exception of cases provided for in Article 121 of this Code, as well as a collective agreement or agreement.
Overtime work is not allowed:
1) pregnant women;
2) women with children under three years of age;
3) employees under eighteen years of age;
4) employees studying in evening (shift) general educational institutions and institutions providing vocational education on school days;
(clause 4 of part two of article 120 as amended by the Law of the Republic of Belarus dated July 20, 2007 N 272-Z)
5) exempted from overtime work in accordance with a medical report;
6) other categories of employees in accordance with the law.
Women with children aged from three to fourteen years (disabled children up to eighteen years old), and disabled people can be involved in overtime work only with their consent, and disabled people only if such work is not prohibited to them in accordance with a medical certificate .

Article 121. Exceptional cases when overtime work is allowed without the employee’s consent

Overtime work without the employee’s consent is permitted only in the following exceptional cases:
1) when performing work to prevent a catastrophe, industrial accident, immediately eliminate their consequences or the consequences of a natural disaster, prevent accidents, provide emergency medical care by employees of healthcare institutions;
2) in social production necessary work for water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate accidental or unexpected circumstances that disrupt their proper functioning.
Article 122. Limit amount of overtime work

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year.
The limit does not include overtime work performed in cases provided for in Article 121 of this Code.
The Government of the Republic of Belarus has the right to reduce for a certain period the maximum amount of overtime work in the Republic as a whole or by industry or individual territory in order to expand employment opportunities for the unemployed population.
The employer is required to keep accurate records of overtime work performed by each employee. Information about their quantity is provided to the employee upon his request.

In the next five years, smokers are likely to experience difficult times. Ministry of Health Russian Federation proposed a new concept for combating tobacco smoking, designed until 2022, which included both repressive and restrictive measures.

Do you smoke? Work some more!

As part of their project, officials propose to equate electronic cigarettes (including vapes, which are popular among young people today) with regular ones. In addition, it is planned to gradually increase excise taxes on tobacco products, as well as ban access to cigarettes for all Russians born after 2014.

One of the most controversial decisions is to increase the working hours for smokers, which, according to the initiators of the anti-tobacco project, should increase the productivity of those who like to smoke a cigarette during the day.

The idea is that employees who take time out to smoke will be required to work longer hours than those who enjoy a healthy lifestyle. Let’s say a boss has the right to leave his subordinate in the evening, so to speak, in his chair, to finish this or that task, summing up the total time of a person’s smoking breaks. However, this is all in theory, and for now the Ministry of Health document is at the stage of comprehensive review and discussion.

The Ministry of Health has developed a new concept of anti-tobacco policy, according to which it is planned to increase the working day for smokers. Photo: AiF/ Dmitry Ovchinnikov

“Smoke breaks won’t matter”

If we consider the views of managers Russian companies, officials and ordinary employees, then opinions about the new anti-tobacco concept vary. Some believe that smoking interferes with the work process, others note that the very development of such a project is another reason to “attack” smokers.

“In this concept, the Ministry of Health proposes, to put it mildly, unusual measures. Consider, for example, the ban on the sale of cigarettes to people born after 2014! I have always believed that the effectiveness of an employee should be assessed by the result of his work, and not by the number of hours worked. If smoking breaks help a person keep the nervous system in a calm state, and therefore cope better with their responsibilities, then two-minute breaks will not play a big role. However, I myself do not smoke, like the vast majority of my subordinates,” says Deputy of the Perm City Duma Ilya Lisnyak.

Deputy of the Perm City Duma Ilya Lisnyak Photo: AiF/ Dmitry Ovchinnikov

“How long can you terrorize us smokers? They discriminate against gays, by God. Cigarette prices are increasing every month. I remember that I used to buy a pack for 50 rubles, but now it costs 100 rubles. Smoking is now prohibited at bus stops and in restaurants. The smokers I personally know try not to disturb anyone,” he says indignantly. consulting firm specialist Vladimir.

“It’s better to let them smoke than drink surrogate”

However, most people have a negative attitude towards the fact that the state tries to interfere in the relationship between employer and employee, affecting the rights of the latter and causing him all sorts of inconvenience if he suffers from nicotine addiction.

“It won't affect people in any way. Those who smoke consciously will continue to smoke. Increased working hours? How Labor Code echoes bad habits - unknown! It’s better to smoke tobacco than drink surrogate and ingest all sorts of “chemicals”. Such measures are needed for drunks; absenteeism of an employee due to alcohol intoxication sometimes makes drastic adjustments to the work process.

For me as a leader, it is important that subordinates clearly and competently carry out job responsibilities during working hours. Whether they smoke, drink, or do anything else vile—that’s their own business,” he believes Chief Editor radio "BOLID" Vasily Panov.

Editor-in-chief of radio "BOLID" Vasily Panov. Photo: From personal archive

“There will be smoking in the factories. And period!”

In more large companies, for example, in factories or enterprises where the staff reaches several thousand people, smoking rooms are installed on the territory (sometimes even indoors), and there are specially designated areas with identification marks. At any time of the day it is full of people.

“I work at a large Perm plant. Half of our people are smokers, like myself. I admit, smoking breaks disrupt the work rhythm and take a lot of time: it takes 15-20 minutes to get to the booth where you can smoke, talk with your colleagues and back. Even if they accept the initiative of the Ministry of Health, I will not smoke less. The factory workers, even if they quit, will start doing other things rather than work. This is a double-edged sword,” Alexander, the master technologist at the Perm enterprise, shrugs.

Some factories have designated smoking areas. Photo: From personal archive

“I have six people under my command. The work is hard: you have to work with equipment and carry heavy loads. Previously, everyone smoked, now no one smokes. I conducted explanatory conversations, focusing primarily on health. Without any penalties. They understood and are now only happy. This also saves money, because their salaries are small,” explains engineer of the Perm publishing and printing complex „ Star “ Vladimir Zlobin. — I have a negative attitude towards the anti-tobacco program. For every hour of work you need ten minutes of rest. A person has the right to go out to stretch his legs, go to the dining room, tea room, and smoke. Everyone has their own interests."

Smokers are against it!

Smokers themselves have a negative attitude towards the anti-tobacco initiative and vehemently oppose it. A completely different position is taken by people who have never smoked and are disgusted by tobacco smoke and smell.

“I believe that this will violate my rights under the Labor Code. Complete absurdity and nonsense! On the other hand, a lot depends on the employees themselves. I can extend my workday when I realize that I don’t have time to cope with the assigned tasks. And it’s not about cigarettes,” he says advertising manager Elena Bolotova.

Tomsk bank expert Maria Ershova. Photo: From personal archive

“I don’t smoke, and I’ve never had positive feelings towards tobacco. Mostly girls work in our bank, some of them smoke. The bosses, of course, do not approve. More precisely, the manager strictly prohibits smoking during the working day. “Smoking is even an obstacle when applying for a job in our organization,” says Tomsk bank expert Maria Ershova. — Some of the current employees have stopped smoking, but some are hiding and do not give up the bad habit. I have a bad attitude towards all this: the unpleasant smell repels me, especially when it comes to a girl.”

According to the latest information, the Ministry of Finance did not support the draft anti-tobacco concept. Therefore, the Ministry of Health will have to finalize it until the document is approved by officials from other departments. In addition, tobacco companies will also take part in the discussion. Only after this the developed plan can be submitted to the government.

The Labor Code of the Russian Federation determines the daily number of working hours. However, the employer is authorized to extend the working day if necessary. In this case, we are talking about recycling.

Remember that workers' rights must be respected at the legislative level. You can learn more about the basics of labor protection in the Russian Federation. Next, let’s look at the issue of processing.

According to the standards of the Labor Code of the Russian Federation, the daily working hours should not exceed (Article 94 of the Labor Code of the Russian Federation):

• 4-6 hours - for minors working during vacations;
• 2-4 – for citizens receiving secondary or higher education and those combining study and work;
• 8 hours in a 36-hour week for employees of enterprises with hazardous or harmful labor conditions, with a 30-hour week – 6 hours;
• 12 – with a 36-hour week for employees of enterprises with moderate working conditions.

According to Article 97 of the law in question, overtime or overtime is the performance of work beyond established schedule and norms. The initiator of processing is the management party.

Issues revealing the principles of introducing processing are regulated Article 99 of this code. According to the content of the article in question, in a number of cases an employee cannot be involved in carrying out overtime against your will. The employee’s consent to overtime is recorded in writing and sealed with his personal signature.

The reasons for involving an employee in processing may be the following:

• If there is an urgent need to complete important work that was previously started but not completed for production reasons;
• During forced repairs of mechanisms and buildings, the failure of which may lead to a global suspension of the work process;
• In case of non-appearance of the replacement employee, if the work is continuous.

By law, the employer is authorized to oblige an employee to perform overtime work without his written consent if the employee’s participation is required:

• In operational actions to prevent a disaster and eliminate the danger of an emergency;
• In order to eliminate disruptions in the supply of heat energy, hot and cold water, natural gas;
• In cases of saving the lives of citizens under martial law or a state of emergency.

In all other cases forcing employees to recycle is unacceptable. Assigning overtime work on any basis is not legal in relation to pregnant women and minor employees.

Like other Federal laws, the current Labor Code of the Russian Federation regularly undergoes necessary amendments. Last changes in the provisions of this law regulating the nuances of processing, submitted June 19, 2017. The amending document was the Federal Law “On Amendments to the Labor Code of the Russian Federation”.

The introduced amendments to the Labor Code of the Russian Federation determine the rules for recording overtime work and additional hours. At the same time, it is clarified that the payment for processing should be increased.

The Russian Ministry of Health proposes to allow employers to increase the working hours of smoker employees in proportion to the time they spend on smoking breaks. This possibility is provided for in the anti-tobacco concept of the Ministry of Health for 2017–2022.

Extended working hours for smokers

How effective and feasible can the anti-smoking measure proposed by the Ministry of Health be? FBA "Economy Today" said State Duma deputy, former chief sanitary doctor of the Russian Federation Gennady Onishchenko.

“Tobacco smoking is a many-sided evil, which cannot be fought with just one, even the most catchy and effective way. It is necessary to comprehensively implement all the decisions that have already been made. This current law, which is not being implemented properly. This is a ban on electronic cigarettes - vaping devices, which are a new product of the transnational and our national tobacco criminal mafia. This is a crime legalized by the state against its people - not only in our country, unfortunately. Then, of course, the measure of extending the working day will be effective. Because smokers actually spend a lot of time smoking.

If to the working day that everyone has, we add another hour, and for some even an hour and a half, which smokers spend in smoking rooms, then, probably, someone will think once again whether it is worth taking this time away from themselves.

But this is still not a solution to the issue. Nor is the rather exotic proposal to ban the sale of cigarettes to children born after 2014 a solution to the problem. Although this idea makes sense. It consists in drawing some legislative line in front of generations that will be clean from the beginning of acquiring this drug addiction syndrome and overcoming it in the future. But if we do not implement what we have already adopted, then the measure proposed by the Ministry of Health to extend the working day for smokers will turn into a farce,” says Gennady Onishchenko.

Employees who smoke spend an hour to an hour and a half of working time a day on smoking breaks

Special category employees

“Of course there is protection labor rights including a standardized working day. But here we are talking about the fact that smokers spend part of their working day outside of their work. labor responsibilities, explains the co-chairman of the Russian anti-tobacco coalition Daria Khalturina. – In fact, all relationships within the work process are in any case regulated by the employer and employee at the internal corporate level. The Ministry of Health, for its part, only proposes to legitimize the employer’s right to extend the working day in proportion to the time spent on smoking breaks. This seems quite fair. Besides, nothing is impossible. Now the anti-tobacco concept of the Ministry of Health for 2017-2022 will be approved, and expert opinions will be collected. If this measure is considered an effective step in the fight against smoking, it will likely be adopted at the legislative level.”

According to her, the position of the Ministry of Health on this issue is related to the key task of the department - the fight for health protection. “Here it is important to understand that the Ministry of Health is an organization that is responsible for protecting health and for allocating very serious budget resources to combat diseases that are caused, among other things, by smoking. It is no secret that smoking significantly increases the risk of developing cancer and diseases of the cardiovascular system. The Ministry of Health is guided by the need to reduce risks, which is why it proposed this measure,” notes Daria Khalturina.

Anti-tobacco concept of the Ministry of Health

Earlier it became known that the anti-tobacco concept developed by the Ministry of Health for 2017-2022 provides for a number of measures that should reduce the attractiveness of tobacco smoking among the Russian population. In particular, it is proposed to allow an increase in the working hours of employees who smoke, to continuously increase rates on tobacco products in order to eventually bring them to the level of taxation among the countries of the WHO European Region, to introduce a tax on retail sales regular and electronic cigarettes in the amount of 10% of the price of goods with the direction of the received funds to regional budgets. The goal of the anti-tobacco concept is to reduce the number of smokers in the country.

Now some employers are already individually extending the working day for smoker employees. On average, such employees are required to stay at work about an hour longer than their non-smoking colleagues. This is decided at the corporate level - for example, by concluding additional agreements to employment contract or simply at the level of documents regulating the internal routine of the company.

According to Daria Khalturina, it is necessary to be prepared for the fact that this measure will come across a powerful lobby of smokers and fighters for the freedom of their rights. “Of course, this measure will not be very popular with smokers and smokers’ rights activists. But, as they say, in the battle for people’s lives, all means are good,” the expert sums up.