Legislative base of the Russian Federation.


Working hours in 2004

According to art. 124 of the Labor Code of the Republic of Belarus and taking into account the delegation of the relevant powers by the Government of the Republic of Belarus, the Ministry of Labor and Social Protection establishes for each calendar year the estimated working time.

For 2004, the estimated working time (hereinafter - the norm) is established by the decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated October 17, 2003 No. 122 ... For a five-day working week, this norm cannot exceed 2058 hours, and for a six-day working week - 2043 hours. The determination of the annual rate was made on the basis of art. 112 , 116 , 139 , 147 TC and in accordance with the rules for calculating the rate provided for in the Clarification on the procedure for determining the estimated rate of working time and hourly tariff rate in the Republic of Belarus, approved by resolution of the Ministry of Labor of the Republic of Belarus dated October 18, 1999 No. 133 ... The rate was determined on the basis of the full rate of working hours per week, equal to 40 hours (Article 112 of the Labor Code) for a working time regime with a five-day working weekth and weekends on Saturday and Sunday, as well as a six-day work week with a day off on Sunday.

The upcoming year 2004 is a leap year. Therefore, in 2004 there are 366 calendar days. Of this number of days, with a five-day working week, there will be 258 working days (five days more than in 2003), and with a six-day working week - 307 (three more days than in 2003). Taking this into account, in 2004 the number of working hours will also be more than in the outgoing year (with a five-day period - by 43 hours, with a six-day period - 26 hours).

When determining the number of working days from the number of calendar days, not only weekends according to the calendar of a five-day or six-day working week, but also public holidays and holidays that are established By the Decree of the President of the Republic of Belarus dated March 26, 1998 No. 157 "On public holidays, holidays and memorable dates in the Republic of Belarus" with subsequent amendments and additions and clause 3 of the said Decree were declared non-working days (hereinafter - holidays). In 2004, there were 9 such days in total, with 8 of them being celebrated constantly on the same days, and the ninth, Radunitsa, depends on the religious holiday of Easter (according to the calendar of the Orthodox confession). We list these holidays: January 1 - New Year; January 7 - Nativity of Christ (Orthodox Christmas); March 8 - Women's Day; April 20 - Radunitsa (according to the calendar of the Orthodox confession); May 1 - Labor Day; May 9 - Victory Day; July 3 - Independence Day of the Republic of Belarus (Republic Day); November 7 - Day of the October Revolution; December 25 - Christmas (Catholic Christmas).

In 2004, holidays on May 1, July 3, December 25 fall on Saturday, and May 9 and November 7 fall on Sunday. The coincidence of holidays with weekends explains the fact that in 2004 compared to 2003 there were more working days and, accordingly, working hours. When calculating the norm, the norms of Art. 139 of the Labor Code, which provides that if a day off coincides with a holiday, the day off is not transferred and another day of rest is not provided.

When determining the number of working hours, it was also taken into account that, in accordance with Art. 116 TC, the duration of work on the eve of holidays is reduced by one hour.

If a five-day or six-day working week is established for employees of an organization with regular days off that do not coincide with the above days off, then the norms established by the Ministry of Labor and Social Protection cannot be applied. For example, by the employer on the basis of Art. 123 Labor Code for workers has a six-day working week with a day off on Monday. With such a working time regime, the employer is obliged to ensure the determination and establishment of the estimated working time norm for the corresponding calendar year, using the calculation rules provided for by legislation (the norm is established by order of the employer).

Note that the estimated working time rate is the maximum number of hours worked in a year, which is determined for a full twelve months. The norm established by the Ministry of Labor and Social Protection coincides with the norm of working hours of a specific employee only if the employee worked throughout the year (was not sick, was not on labor leave, on other leaves). In this regard, the employer, when drawing up work schedules (shift shifts), must ensure the determination of the working time norm for employees of the organization, excluding from the calculated working time norm established by the Ministry of Labor and Social Protection, the number of working days and, accordingly, working hours falling on the period of the planned labor leave (according to the calendar). If the employee is absent from work due to temporary disability, the working time norm for the corresponding period should also be specified (in a similar manner).

For example, an employee who is granted 21 calendar days of work leave, according to the vacation schedule approved by the employer for 2004, is scheduled for work leave from February 4 to February 14 inclusive. The organization works on a five-day working week with weekends on Saturday and Sunday. An employee works in a workshop where a summarized accounting of working hours with a monthly accounting period is established. When scheduling work (shifts) for February, he needs to plan a schedule working time not 160 hours, but only 40 hours (8 h x 5). If an employee has an accounting period, for example, a calendar year, then his annual working time will be 1938 hours.

It is especially important to bear this in mind when establishing by the employer on the basis of Art. 126 TC summarized accounting of working hours. Failure to ensure proper planning and recording of working hours can lead to irregularities in the wages of workers, especially those who are paid according to the time-based form of wages.

IN production calendar the calculated norm of working hours for each month in 2004 is given with a full 40-hour weekly working time, as well as with a reduced working time of 35 hours per week, which is established by Art. 113 and 114 of the Labor Code for certain categories of workers (employed in jobs with harmful working conditions, disabled people of groups I and II, other categories of workers).

The estimated average monthly working time in 2004 for a 40-hour work week for a five-day work week will be 171.5 hours for a six-day work week - 170.3 hours, and for a 35-hour work week, 150 and 148.8 hours, respectively.

The average monthly number of working days in 2004 with a five-day working week will be 21.5 days, with a six-day working week - 25.6 days. Note that when determining the size of the average wage saved during the labor leave, 29.7 calendar days are taken into account (this value is constant).

2004 production calendar

1. For a five-day work week


Months and other periods of the year
Amount of days

calendar

workers
non-working days (weekends and holidays)
January 31 20 11 159 139
February 29 20 9 160 140
March 31 22 9 176 154
I quarter 91 62 29 495 433
April 30 21 9 166 145
May 31 21 10 168 147
June 30 22 8 176 154
II quarter 91 64 27 510 446
I half of the year 182 126 56 1005 879
July 31 22 9 175 153
August 31 22 9 176 154
September 30 22 8 176 154
III quarter 92 66 26 527 461
October 31 21 10 168 147
November 30 22 8 176 154
December 31 23 8 182 159
IV quarter 92 66 26 526 460
IIhalf year 184 132 52 1053 921
2004 year 366 258 108 2058 1800

1. For a six-day work week


Months and other periods of the year
Amount of days Estimated working time (in hours)

calendar

workers
non-working days (weekends and holidays) with a 40 hour work week with a 35 hour work week
January 31 25 6 164 144
February 29 24 5 160 140
March 31 26 5 174 152
I quarter 91 75 16 498 436
April 30 25 5 165 144
May 31 25 6 166 145
June 30 26 4 174 152
II quarter 91 76 15 505 441
I half of the year 182 151 31 1003 877
July 31 26 5 173 151
August 31 26 5 174 152
September 30 26 4 174 152
III quarter 92 78 14 521 455
October 31 26 5 172 151
November 30 26 4 173 151
December 31 26 5 174 151
IV quarter 92 78 14 519 453
IIhalf year 184 156 28 1040 908
2004 year 366 307 59 2043 1785

2004 calendar

Months of the year January February March April
Days of the week
Monday 5 12 19 26 2 9 16 23 1 8 15 22 29 5 12 19 26
Tuesday 6 13 20 27 3 10 17 24 2 9 16 23 30 6 13 2 0 27
Wednesday 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28
Thursday 1 8 15 22 29 5 12 19 26 4 11 18 25 1 8 15 22 29
Friday 2 9 16 23 30 6 13 20 27 5 12 19 26 2 9 16 23 30
Saturday 3 10 17 24 31 7 14 21 28 6 13 20 27 3 10 17 24
Sunday 4 11 18 25 1 8 15 22 29 7 14 21 28 4 11 18 25
Months of the year May June July August
Days of the week
Monday 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30
Tuesday 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31
Wednesday 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25
Thursday 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26
Friday 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27
Saturday 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28
Sunday 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29

In accordance with the current procedure<*> the norm of working time for certain periods of time is calculated according to the estimated schedule of a five-day working week with two days off on Saturday and Sunday, based on the following duration of daily work (shift):

<*> Clarification of the Ministry of Labor of Russia dated December 29, 1992 N 5, approved by the Resolution of the Ministry of Labor of Russia dated December 29, 1992 N 65 (Bulletin of the Ministry of Labor of Russia, 1992, N 11-12).

with a 40-hour work week - 8 hours;

if the working week is less than 40 hours - the number of hours obtained by dividing the established working week by five days; on the eve of non-working holidays, the working time is reduced by one hour.

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday (Labor Code of the Russian Federation, Part 2, Article 112).

The working time norm calculated in the indicated order applies to all modes of work and rest.

For example, in June 2004 with a five-day working week with two days off - 21 working days, including one pre-holiday day on June 11 and 9 days off, taking into account one additional day of rest on June 14 due to the coincidence of a public holiday on June 12 with day off.

The working hours this month is:

with a 40-hour work week - 167 hours

(8 hours x 21 days - 1 hour);

with a 36-hour work week - 150.2 hours

(36 hours: 5 days x 21 days - 1 hour);

with a 24-hour work week - 99.8 hours

(24 hours: 5 days x 21 days - 1 hour).

In 2004, with a five-day working week with two days off - 251 working days, including 4 pre-holiday days (January 6, April 30, June 11 and December 31), and 115 days off, taking into account 6 additional days of rest 3, 4 and May 10, June 14, November 8 and December 13 due to the coincidence of public holidays on May 1, 2 and 9, June 12, November 7 and December 12 with holidays.

Taking into account the above, the working time standard in 2004 is:

with a 40-hour work week - 2,004 hours

(8 hours x 251 days - 4 hours);

with a 36-hour work week - 1 803.2 hours

(36 hours: 5 days x 251 days - 4 hours);

with a 24-hour work week - 1,204.8 hours

(24 hours: 5 days x 251 days - 4 hours).

In accordance with the current procedure<*> the norm of working time for certain periods of time is calculated according to the estimated schedule of a five-day working week with two days off on Saturday and Sunday, based on the following duration of daily work (shift):

<*> Clarification of the Ministry of Labor of Russia dated December 29, 1992 N 5, approved by the Resolution of the Ministry of Labor of Russia dated December 29, 1992 N 65 (Bulletin of the Ministry of Labor of Russia, 1992, N 11-12).

with a 40-hour work week - 8 hours;

if the working week is less than 40 hours - the number of hours obtained by dividing the established working week by five days; on the eve of non-working holidays, the working time is reduced by one hour.

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday (Labor Code of the Russian Federation, Part 2, Article 112).

The working time norm calculated in the indicated order applies to all modes of work and rest.

For example, in June 2004 with a five-day working week with two days off - 21 working days, including one pre-holiday day on June 11 and 9 days off, taking into account one additional day of rest on June 14 due to the coincidence of a public holiday on June 12 with day off.

The working hours this month is:

with a 40-hour work week - 167 hours

(8 hours x 21 days - 1 hour);

with a 36-hour work week - 150.2 hours

(36 hours: 5 days x 21 days - 1 hour);

with a 24-hour work week - 99.8 hours

(24 hours: 5 days x 21 days - 1 hour).

In 2004, with a five-day working week with two days off - 251 working days, including 4 pre-holiday days (January 6, April 30, June 11 and December 31), and 115 days off, taking into account 6 additional days of rest 3, 4 and May 10, June 14, November 8 and December 13 due to the coincidence of public holidays on May 1, 2 and 9, June 12, November 7 and December 12 with holidays.

Taking into account the above, the working time standard in 2004 is:

with a 40-hour work week - 2,004 hours

(8 hours x 251 days - 4 hours);

with a 36-hour work week - 1 803.2 hours

(36 hours: 5 days x 251 days - 4 hours);

with a 24-hour work week - 1,204.8 hours

(24 hours: 5 days x 251 days - 4 hours).

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