Presentation on the topic of working on a day off. Time relax. Leave without pay

The presentation is intended for teaching lessons in the discipline “Legal support of professional activities” on the topic “Working time and rest time.” The work contains theoretical material presented in accordance with current legislation.

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WORKING TIME and REST TIME

Working time The time during which an employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, relate to working time. Normal working hours cannot exceed 40 hours per week. The employer is required to keep records of the time actually worked by each employee.

Reduced working hours Normal working hours are reduced by: 16 hours per week - for workers under the age of sixteen; 5 hours per week - for employees who are disabled people of group I or II; 4 hours per week - for workers aged sixteen to eighteen years; 4 hours a week or more - for workers engaged in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

Part-time working hours By agreement between the employee and the employer, a part-time working day or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a patient family member in accordance with a medical report.

Duration of work on the eve of non-working holidays and weekends The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour. In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work. On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.

Work at night Night time is the time from 22:00 to 6:00. The duration of work (shift) at night is reduced by one hour. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement. The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations. The following are not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under the age of five years of age, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical certificate. At the same time, these employees must be informed in writing of their right to refuse to work at night.

Working time regime The working time regime should provide for the length of the working week (five days with two days off, six days with one day off, a work week with days off on a sliding schedule), work with irregular working hours for certain categories of workers, the duration of daily work (shifts) ), the start and end time of work, the time of breaks in work, the number of shifts per day, the alternation of working and non-working days, which are established by a collective agreement or the internal labor regulations of the organization.

Shift work Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules are usually an 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.

Irregular working hours An irregular working day is a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

Dividing the working day into parts In those jobs where it is necessary due to the special nature of the work, as well as when performing work whose intensity is not the same throughout the working day (shift), the working day can be divided into parts so that the total working time does not exceeded the established duration of daily work. This division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.

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

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; vacation.

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 is not included in working hours. 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.

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. Employees working 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, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Days off All employees are provided with days off (weekly uninterrupted 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 of the week in turn to each group of employees in accordance with the internal labor regulations of the organization.

Non-working holidays Non-working holidays in the Russian Federation are: January 1, 2, 3, 4 and 5 - New Year holidays; January 7 - Christmas; February 23 - Defender of the Fatherland Day; March 8 - International Women's Day; May 1 - Spring and Labor Day; May 9 - Victory Day; June 12 - Russia Day; November 4 is National Unity Day.

LEAVES Employees are granted annual vacations while maintaining their place of work (position) and average earnings. Duration of annual basic paid leave: Annual basic paid leave is provided to employees for a duration of 28 calendar days.

Annual additional paid leave Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees 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.

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 provided to: 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.

Slide 2

Work time
The time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, relate to working time. Normal working hours cannot exceed 40 hours per week. The employer is required to keep records of the time actually worked by each employee.

Slide 3

Reduced working hours
Normal working hours are reduced by: 16 hours per week - for workers under the age of sixteen; 5 hours per week - for employees who are disabled people of group I or II; 4 hours per week - for workers aged sixteen to eighteen years; 4 hours a week or more - for workers engaged in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

Slide 4

Part-time work
By agreement between the employee and the employer, a part-time or part-time work week may be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a patient family member in accordance with a medical report.

Slide 5

Duration of work on the eve of non-working holidays and weekends
The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour. In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work. On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.

Slide 6

Night work
Night time is the time from 22:00 to 6:00. The duration of work (shift) at night is reduced by one hour. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement. The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations. The following are not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under the age of five years of age, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical certificate. At the same time, these employees must be informed in writing of their right to refuse to work at night.

Slide 7

Working hours
The working time regime should provide for the length of the working week (five-day with two days off, six-day with one day off, work week with days off on a sliding schedule), work with irregular working hours for certain categories of workers, duration of daily work (shift), time the beginning and end of work, the time of breaks in work, the number of shifts per day, the alternation of working and non-working days, which are established by a collective agreement or the internal labor regulations of the organization.

Slide 8

Shift work
Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules are usually an 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.

Slide 9

Irregular working hours
Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

Slide 10

Dividing the working day into parts
In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work . This division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.

Slide 11

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

Slide 12

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; vacation.

Slide 13

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 is not included in working hours. 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.

Slide 14

Special breaks for warming 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. Employees working 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, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Slide 15

Weekend
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 of the week in turn to each group of employees in accordance with the internal labor regulations of the organization.

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. 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.

Slide 19

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 provided to: 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.

PRESENTATION ON THE TOPIC: “WORKING TIME AND ITS USE” Completed by: student of group AL-DLI 001 Savenkova Ekaterina Sergeevna Checked by: Ilinykh Tatyana Petrovna Slavgorod 2012

Methods for the effective use of working time Structure WORKING TIME AND ITS Working time USE How to effectively use working time in an organization?

WORKING TIME AND REST TIME Interrelated legal categories. These categories are used not only in legal science, but also in sociology, psychology, economics and other branches of knowledge. In the economic aspect, working time consists of two parts: 1. Time of productive work; 2. Time of breaks in work (loss of working time due to production problems that depend on the employee himself).

FROM HISTORY...... In Russia, until the end of the 19th century, the law did not limit working time, and it was 14 - 16 hours a day. Under the pressure of the labor movement, especially the weavers of the Morozov manufactory (Ivanovo), in Russia in 1897 the first law was passed limiting the working day to 11.5 hours, and for women and children to 10 hours. But this law did not limit overtime in any way, which negated the limitation of the working day.

WORKING HOURS......THIS? ? The duration of the working day and working week established by law. For industries with normal working conditions, it is 8 hours with a 40-hour work week with two days off. At the same time, working time refers to the period during which an employee is at the enterprise in connection with the work he performs.

THE SIGNIFICANCE OF WORKING HOURS LIMITED BY LAW IS THAT: it protects the employee’s health from excessive overwork and contributes to the longevity of his professional ability to work and life. For the working hours established by law, society and production receive from each worker the necessary certain measure of labor. allows the employee to study on the job, improve his qualifications, cultural and technical level (develop personality), which in turn contributes to the growth of the employee’s labor productivity and the reproduction of a qualified workforce.

THE LABOR CODE OF THE RF PROVIDES THREE TYPES OF WORKING TIME: normal working hours; reduced working hours; part-time work.

BESIDES…. . It should be taken into account that the normal working hours established by Article 91 of the Labor Code of the Russian Federation apply equally to permanent employees……. as well as to temporary workers, seasonal workers, workers hired for the duration of certain work (Articles 58, 59 of the Labor Code of the Russian Federation), etc. As for part-time workers, the duration of part-time work for a month is established by agreement between the employee and employer. Meanwhile, the legislator has established that the duration of working hours established by the employer for persons working part-time cannot exceed 4 hours a day and 16 hours a week (paragraph 1 of Article 284 of the Labor Code of the Russian Federation). In certain regulations, the legislator establishes exceptions to the above rules. Such an exception is contained, for example, in Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.”

WHERE IS WORKING TIME RECORDED? ? ? The legislator provides for the obligation of the employer to keep records of the time actually worked by each employee. The main document confirming such accounting is a time sheet, which reflects all work: 1. 2. 3. 4. 5. 6. daytime, evening, night hours of work, hours of work on weekends and holidays, overtime hours of work, hours of reduction of work against the established duration of the working day in cases provided for by law, downtime through no fault of the employee, etc. Time sheet

USE OF WORKING TIME The effective operation of enterprises largely depends on the completeness and appropriateness of using the working time fund. To do this, an analysis of the working time of those employed in production is carried out, which also makes it possible to determine the degree of utilization of the enterprise’s personnel. In the process of such analysis, intra-shift and whole-day losses of working time are studied, the magnitude of losses and unproductive costs of working time is identified, and the reasons for their occurrence are clarified. Comparison of actually worked man-days or man-hours (duration of the working day) with planned (calculated) or basic data allows us to identify losses of working time in absolute units of measurement and as a percentage.

COMPARISON OF LOSSES Intra-shift losses Identified as a result of analysis of the length of the working day, which depends on the duration of breaks during the working day, stipulated by law (breaks associated with harmful working conditions, shortening the working day of adolescents, etc.) and intra-shift losses of working time. Analysis of intra-shift losses of working time allows us to identify the causes, and, consequently, reduce them and prevent the occurrence of such losses. Whole-day losses Identified as a result of analysis of the use of the working time fund and the balance of working time of one average worker. The number of man-days or man-hours worked in the analyzed period depends on all-day downtime, absences from work with the permission of the administration, illness, strikes, and absenteeism. Therefore, whole-day losses of working time must be taken into account and analyzed. Analysis of whole-day losses of working time makes it possible to reduce, and sometimes prevent the occurrence of such losses of working time as all-day downtime, strikes, absenteeism, and reduce the incidence of illness.

AND WHAT TO BE? ? ? Elimination of intra-shift and full-day losses of working time increases the utilization rate of present staff and reduces the need for the number of workers. When analyzing the use of working time, the validity of planned (calculated) tasks is checked, changes that have occurred compared to the previous year are clarified, and ways to further improve the use of working time are determined.

WHAT DOES ANALYZING THE USE OF WORKING TIME PROVE? ? ? Analysis of the use of working time during the day examines: the labor process, identifies worker costs, determines reserves for increasing labor productivity, allows us to reveal the causes of lost working time and, by eliminating them, improve the use of working time during the shift. When analyzing working time, an observation sheet continuously records all of the employee’s working time without exception throughout the entire shift.

BASIC METHODS FOR STUDYING WORKING TIME EXPENDITURES The method of direct measurements consists of continuous monitoring of the labor process, an operation or its parts and recording current time readings or the duration of individual elements of the operation. The method of momentary observations consists of registering and accounting for the amount of the same amount of working time spent at randomly selected moments (in some cases - at regular intervals). This method is based on the law of large numbers, according to which “mutual deviations of parts of the population are absorbed by the entire population, and with a sufficiently high probability one can judge the population as a whole based on a separate part.”

ADVANTAGES OF METHODS AND THEIR DISADVANTAGES Method of direct measurements Method of momentary observations - detailed study of the labor process and the use of equipment; obtaining data in absolute terms (s, min, h) and their high reliability; establishing the actual expenditure of working time for the entire observation period, obtaining information about the sequence of individual elements of work; the ability to directly identify rational techniques and methods of work, causes of losses and waste of time; the possibility of involving workers themselves in research. DISADVANTAGES: observations are lengthy and labor-intensive, data processing is quite complex; observation time is limited, observation cannot be interrupted; one observer, as a rule, is not able to provide high-quality observation and recording of results for more than three to four objects. one researcher can observe an almost unlimited number of objects; the reliability of the observation will not be affected if it is interrupted and then continued; According to experts, the labor intensity of observation and data processing is 5.10 times less than with the method of direct measurements, the physical and nervous stress of the observer is lower; the observer is not constantly near the employee - the object of observation, and therefore does not have a significant psychological impact on him. DISADVANTAGES: the result is only averaged data; the structure of working time costs may not be fully disclosed; there is no data on the consistency and rationality of performing techniques and operations, there is no way to directly record the causes of downtime, losses, and waste of working time.

AND STILL WHAT? ? ? What manager would not like to know what his employees do during working hours, for which he pays them wages. In fact, hoping that your subordinates spend the entire 8 hours exclusively engaged in their direct responsibilities is, to say the least, presumptuous. Let's hope that during working hours, the employee is primarily focused on doing work, and not on various kinds of distractions!

The normal working hours for workers under 16 years of age is 24 hours a week. The duration of a daily shift for workers aged 15 to 16 years cannot exceed 5 hours. For workers aged 16 to 18 years, normal working hours are reduced by 4 hours per week, and daily work cannot exceed 7 hours. Working hours for minors are reduced regardless of the nature of the work, the sector of the economy, or the form of ownership on which the organization is based.

Working hours for minors are also reduced for students of educational institutions who work during the academic year in their free time. In this case, the working hours of students from 14 to 16 years old and from 16 to 18 years old cannot exceed 12 and 18 hours, respectively, and the duration of the daily shift should be no more than 2.5 and 3.5 hours, respectively. The work of minor workers is paid in proportion to the time worked or depending on output.