One day off in a six-day work week: standard working hours and additional payments. About a six-day work week With a 6-day

Question 46. Basic standards of working time

The main working time standards are the working week and daily work (shift).
A working week is the number of working hours established by law or an employment contract during a calendar week.
The normal length of the working week cannot exceed 40 hours (Article 91 of the Labor Code). Thus, 40 hours a week is recognized as the maximum working time for all employees under an employment contract.
There are two types of working week - a 5-day with two days off and a 6-day with one day off, which is preserved in those organizations where, due to the nature and working conditions, the introduction of a five-day work week is impossible or impractical. The six-day working week has been retained in many educational institutions, where the transition to a 5-day working week is impossible due to the existence of maximum permissible physiological norms for students’ academic workload. Some government agencies, service enterprises, etc. operate on a 6-day work week.
The duration of daily work (shift) is set by the employer based on the weekly working hours. With a normal working week (40 hours), it is usually: for a 5-day work week - 8 hours, for a 6-day work week - 7 hours, on a day before a day off - 5 hours.
The length of the working day or shift immediately preceding a non-working holiday is reduced by 1 hour. In continuously operating organizations and in certain types of work, where it is impossible to reduce the hours of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the standards established for overtime work (Article 95 of the Labor Code).
When working in shifts (2,3 or 4 shifts), the duration of the shift can be different - 10, 12, 14, 24 hours in accordance with the shift schedule, which is established by the employer taking into account the opinion of the elected trade union body, depending on the conditions and nature of the work.
For workers in need of special social protection, as well as for those working in harmful and dangerous working conditions, the law limits the maximum duration of daily work (shift) - Art. 94 TK. It cannot exceed:
- for workers aged 15 to 16 years - 5 hours; from 16 to 18 years old - 7 hours;
- for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, from 14 to 16 years old - 2.5 hours, from 16 to 18 years old - 4 hours;
- for disabled people - in accordance with a medical report;
- for workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established:
- with a 36-hour work week - 8 hours;
- with a 30-hour work week or less - 6 hours.

If the employer violates the deadline for paying vacation pay and the labor inspectorate becomes aware of this, the employer faces a fine in the amount (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation): - from 30,000 rubles. up to 50,000 rub. — for the organization; — from 10,000 rub. up to 20,000 rub. - for its officials; — from 1000 rub. up to 5000 rub. - for an individual entrepreneur. It is worth noting that if the employer has previously been punished for this violation, then the amount of the fine will be greater (Part 7 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Vacation pay and personal income tax The employer (as a tax agent) must withhold personal income tax from the vacation pay accrued to the employee and transfer it to the budget. Personal income tax on vacation pay is paid no later than the last day of the month in which these vacation pay were paid to the employee (clause 6 of Article 226 of the Tax Code of the Russian Federation). Vacation and insurance contributions As a general rule, vacation pay is subject to not only personal income tax, but also insurance contributions (clause 1, clause 1, article 420 of the Tax Code of the Russian Federation, article 20.1 of the Federal Law of July 24, 1998 N 125-FZ).

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Important

Unlike many similar utilities, our service allows you to take into account various periods that are not included in the length of leave, for example, periods of parental leave and unpaid leave, time of absence from work without a good reason. A complete list of all legislative norms used in the program algorithm is indicated in the publication Legislative norms taken into account in the Vacation Calculator program in the Questions and Answers section.

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Production calendar for 2018 with a six-day work week

Attention

If the enterprise was organized only recently, then the working hours must be reflected in internal documents:

• Collective agreement;
• Employment contracts (when concluded with employees);
• Internal labor regulations.

If an organization plans to switch from a five- to six-day work schedule, it will have to either re-sign employment contracts or draw up additional agreements to them. In any case, all documents must be properly executed and contain the necessary information, otherwise it will be considered a violation of labor laws.

Thus, when deciding to switch to a six-day work week, you need to take into account several nuances:

• Changes must be made only with the written consent of all employees (Article 72 of the Labor Code of the Russian Federation).

Home → Accounting calculators Today April 27, 2018, 11:55 pm Vacation pay calculator in 2018 Vacation pay calculator in 2018 is an online calculator, using which you can easily calculate the amount of vacation pay in any situation when the employee’s vacation is set in calendar days . The vacation pay calculator calculates according to the rules of Art.

139 of the Labor Code of the Russian Federation and the Regulations on the specifics of the procedure for calculating average wages, approved. Decree of the Government of the Russian Federation dated December 24, 2007 No. 922.
If during the pay period the employee’s salary was increased or a bonus was paid, our calculator will help calculate vacation pay online, taking these nuances into account.

Vacation pay calculator in 2018

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Production calendar 2018 with a six-day work week

Info

For these purposes, Decree of the Government of the Russian Federation dated October 14, 2017 No. 1250 “On the transfer of weekends in 2018” provides for the following shift of weekends: Thus, the following weekends have been postponed in 2018:

• Saturday 6 January to Friday 9 March;
• Sunday 7 January to Wednesday 2 May.
• Also, to optimize rest time, weekends have been swapped with working days (Saturdays will be working days, and Mondays will be days off):
• Saturday 28 April to Monday 30 April;
• Saturday 9 June to Monday 11 June;
• Saturday 29 December to Monday 31 December.

One holiday - May 9, 2018, in honor of Victory Day, we will have a rest during the week. With a six-day work week, Saturdays are not days off, which means that these transfers are not provided for a six-day work week.

It is impossible to give a resigning employee a copy of SZV-M. According to the law on personal accounting, when dismissing an employee, the employer is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contain information about all employees.

This means transferring a copy of such a report to one employee means disclosing the personal data of other employees.< … Компенсация за неиспользованный отпуск: десять с половиной месяцев идут за год При увольнении сотрудника, проработавшего в организации 11 месяцев, компенсацию за неиспользованный отпуск ему нужно выплатить как за полный рабочий год (п.28 Правил, утв.
NKT USSR 04/30/1930 No. 169). But sometimes these 11 months are not so spent.< …
Let's consider the correct example of creating a daily routine: Davydova O.M. works as an accountant at a company. Her working days from Monday to Friday last from 08:00. 00 min. until 16 o'clock 00 min. On Saturday she works from 08:00. 00 min. until 12 o'clock 00 min. Thus, she has 44 hours left to rest until Monday, and the employer does not violate the law. What if the organization has a five-day schedule, but employees periodically have to go to work on their days off? In this case, it is not necessary to draw up an additional agreement to the employment contract, because this is not a permanent mode of work, but overtime must be paid in any case. If desired, employees can use another option - ask their manager to provide time off, which is calculated at double the number of overtime hours.
The only exceptions are cases when it is impossible to maintain the previous work schedule due to technical or organizational reasons: then only a unilateral decision of the manager is sufficient (Article 74 of the Labor Code of the Russian Federation);

• The employer is obliged to notify his subordinates no later than 2 months before the transfer to a new work mode, providing them with a notice to sign;
• Additional agreements are concluded with employees who agree to the new schedule. Those who do not agree must be offered suitable available vacancies, and in their absence or refusal, employees are subject to dismissal under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation, and they will have to pay severance pay equal to two weeks’ average earnings.

Important! The duration of continuous weekly rest should not be less than 42 hours with a six-day work schedule.
Vacation start date Vacation end date Vacation duration 26 calendar days Calculation period 12 months 11 months 10 months 9 months 8 months 7 months 6 months 5 months 4 months 3 months 2 months 1 month Calculation period 12 months from April 2017 to March 2018 During the billing period the employee: worked for some time did not work a single day was hired Date of hire NEXT STEP Calculation of vacation pay Vacation pay is calculated using the following formula: In general, the average daily earnings are calculated as follows: In a separate material, you can read about which period is recognized as a calculation period, as well as what payments of the billing period are taken into account when calculating the amount of average daily earnings. Deadlines for payment of vacation pay The employer must pay vacation pay to the employee no later than three calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation).
Production calendar for 2018 with a “six-day work week” Here is the production calendar for 2018 with a six-day work week: Next, we present the quarterly production calendar with a six-day work week (with weekends and holidays). Taking into account all the transfers, the production calendar for a six-day work week will look like this (pre-holiday days, when the working day is reduced by 1 hour, are marked with an asterisk*): Download the 2018 production calendar for a six-day work week.

Standards of working time for a “six-day week” In accordance with Article 100 of the Labor Code of the Russian Federation, a number of organizations and enterprises establish a six-day working week with one day off for their employees. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation).

• The bottom line: please provide another day of rest indicating a specific date for going to work on a day off (the date is also indicated);
• Date of compilation and signature of the employee requesting time off.

In some organizations, there is a practice according to which, if overtime is systematically allowed, employees are given time off without their applications. This is permitted by law, but such a condition must be reflected in a collective or labor agreement, or in the internal regulations of the enterprise. As for vacations, the general calculation procedure is used here, regardless of what daily routine is established in the company. Their duration does not depend on the number of hours worked and must be at least 28 calendar days.

Reforming the education system affects almost all aspects of the lives of teachers and students, from the format of passing the Unified State Exam to the schedule according to which certain educational institutions operate. It's no secret that in Russia. As in many other countries, there are schools that operate on a 5-day schedule and schools that require attendance 6 days a week.

To be or not to be a six-day period? Psychologists, teachers and scientists have been working on this issue for many years, but this topic is even more actively discussed in parent circles. Let's face it, not all parents like the prospect of getting up early on their legal day off to get their child ready for school, and even the need to adjust their personal plans taking into account the work of the educational institution.

So what awaits us regarding the five-day school year 2018-2019? Let's figure it out.

Will the six-day week be canceled in the near future?

It is known that there are several petitions that have collected a large number of signatures asking for a revision of the 6-day school schedule. But even in the 2019 academic year, the work schedule of each individual school, whether it will be five days or six days, will be decided directly by the management of the educational institution.

It seems to many that the ministry simply stubbornly refuses to satisfy the demands of parents who have come out to fight for an additional day off for schoolchildren.

But is it? Is it really possible to take one order and cancel working Saturdays for children and teachers forever? To understand the complexity of this problem, persistent parents would do well to study the legislation and curriculum better.

Why does the six-day period exist?

The need to use Saturday in most cases is dictated by the fact that even with a great desire it is impossible to distribute educational subjects for students in grades 6-11 over 5 school days, if we take into account all the existing coefficients and sanitary requirements for the subjects.

Without delving into the intricacies of drawing up a schedule for a large educational institution, I will give the following standards as an example:

• mathematics, physics, languages ​​and some other disciplines should not be assigned to the first and last lessons;
• objects on which the child’s perseverance is especially important should not be placed after physical education;
• Schoolchildren cannot be overloaded on one day (there are certain coefficients, the table of which is used by head teachers when drawing up schedules);
• Subject teachers should not read more than 3 lessons in a row (this norm, of course, is often violated in our country);
• subjects studied more than once a week should be placed at a certain interval.

This is only a small fraction of the existing restrictions. Add to this the division of classes into 2 (and sometimes 3-4) subgroups and you get an unsolvable problem. And this is not an exaggeration. Most automated scheduling services will really fail and ask which of the “important ministerial rules” can be ignored.

Pros of a six-day school week

• properly distributed teaching load;
• fewer lessons per day;
• less homework, day after day;
• more opportunities for children to attend clubs and sections;
• the opportunity to start the working day a little later than 5-day schools.

Disadvantages of a six-day week

• a persistent negative attitude towards learning on the Sabbath;
• absenteeism from classes without good reason and often with the knowledge of parents;
• conflict with the beliefs of some religions, where working and even studying on the Sabbath is considered unacceptable;
• Holidays that fall on Saturday are not postponed, as for organizations with a five-day work week.

Myths about the six-day period

Is the 6th working day so terrible for a schoolchild?

In fact, not everything is so sad. The vast majority of educational institutions adhere to the following rules:

The right to choose

This problem is not typical for all schools. As a rule, it does not fit into the five-day schedule in gymnasiums, lyceums and specialized schools with in-depth study of certain subjects.

As a result, parents have to choose between the following options:

• A regular comprehensive school, in which the child will study for 5 days, but study all subjects at the “standard” level;
• A specialized school or gymnasium with a 5-day period, where the child will have to sit through 8 lessons every day (and accordingly prepare homework);
• An educational institution with in-depth study of certain subjects, in which the child will have 6-7 lessons a day, but 6 days a week.

You can and should find out what schedule awaits your child in the future at the stage of choosing a school. If high-quality competitive education is a priority, then the problem of working Saturday is not as pressing as the quality of the teaching staff and the conditions in which the child will study.

Of course, a new question arises - is it possible, by adding hours for specialized subjects in specialized schools, to reduce the hours for disciplines that children who have decided on a profile will definitely not need? But this is a completely different topic that requires a revision of the list of subjects in the variable and invariable components of domestic education.

• Current labor legislation allows an employer (organization or individual entrepreneur) to establish several working week schedules for its employees:

  ✔ 5-day work week with two days off (usually Saturday and Sunday) lasting no more than 40 hours;

  ✔ 6-day work week with one day off (usually Sunday) lasting no more than 40 hours;

  ✔ working week with a rotating schedule of days off;

  ✔ part-time work.

The basis for establishing a 6-day working week

Establishing a six-day working week is possible legally.

A 6-day working week can be established for all employees of an organization or individual entrepreneur, as well as for certain categories or positions of employees in connection with a particular production need. Features of the work and rest regime of employees, including the length of the working week, are prescribed in the employer’s internal labor regulations.

For micro-enterprises, a 6-day working week is prescribed in employment contracts with each employee.

The need for a 6-day work week.

A six-day working week is most often established in shops, public catering establishments, medical institutions and educational institutions, and so on, i.e. in places primarily serving the population.

As a rule, service establishments work daily for 10-12 hours, i.e. beyond the normal working hours of the employee, because Current legislation establishes an 8-hour working day as the maximum length of a person's working time.

And although it is possible to involve employees in overtime work, such involvement is permissible only with the consent of the employee himself, subject to increased payment for overtime work at the rate of one and a half times the rate for the first two hours of overtime work and double the rate thereafter. At the same time, the duration of overtime work itself should not exceed 4 hours for two days in a row and 120 hours for the entire year.

The question is, how, in this case, can we ensure the daily operation of the enterprise for, say, 12 hours?

The optimal solution in this situation would be to organize shift work for workers for 6-7 hours a day during a 6-day work week.

With a 6-day work week, the length of the work week can be 40 hours, i.e. normal duration (7 hours for 5 days, on the day before a day off - 5 hours), and shortened duration (35-hour or 24-hour work week).

Features of a 6-day work week

Please note that during a six-day work week, on the eve of the weekend, the employee’s work hours should not exceed 5 hours.

If for some reason a day off on Sunday cannot be provided, then the employee has the right to choose any other day during the working week for rest. The duration of continuous weekly rest should not be less than 42 hours.

Some rules inherent in a five-day work week also apply to a six-day work week.

For example, with regard to vacations for employees with a six-day period, in this case it is calculated in the same way as for a five-day period. After all, the number of vacation days is not related to the number of hours worked and should be 28 days annually (unless the employees belong to the category of employees with extended vacations).

In January 2016, for a 6-day, 40-hour week, the time standard in the production calendar was set to 19 days and 120 hours. In fact, when calculated by day, the time standard is 125 hours. This situation occurs almost every month, especially on postponement days due to holidays, so the time norms for a 5- and 6-day week are not equalized even over a year. What needs to be done for a 6-day week in January: approve the norm by order of the sanatorium time 125 hours or by the same order reduce the length of working days so that the total is 120 hours? Or are there other options? Please give a specific answer, if possible, attach a sample order or provide a link to it. Thank you in advance

Answer

Answer to the question:

A six-day working week with one day off is applicable under the terms of Art. 100 of the Labor Code of the Russian Federation. At the same time, in accordance with Art. 111 of the Labor Code of the Russian Federation, the general day off is Sunday.

Normal working hours for both a five-day work week and a six-day work week cannot exceed 40 hours per week. This limitation is established by Art. 91 Labor Code of the Russian Federation.

An expert shares important information about labor rationing in the material at the link.

Article 95 of the Labor Code of the Russian Federation establishes that the named provision is equally applicable to both a five-day and a six-day working week.

At the same time, Article 95 of the Labor Code of the Russian Federation for a six-day working week introduces an additional restriction, according to which on the eve of weekends the duration of work in this mode cannot exceed five hours. This rule does not depend on the length of the last week of the month.

Thus, with a six-day work week, the length of the working day on the eve of the day off should be five hours.

According to part 3 of Art. 91 of the Labor Code of the Russian Federation, the procedure for calculating the norm of working time for certain calendar periods (month, quarter, year) depending on the established duration of working time per week is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor. This procedure is established by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n.

In accordance with the specified Procedure, the standard working time for a specific month is calculated as follows: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of the five-day working week of a specific month and from the resulting number of hours the number of hours in a given month is subtracted by which working hours are reduced on the eve of non-working holidays.

Interesting information about Six day work week with one day off posted here.

The specified Procedure is used to guide the preparation of the production calendar. As you can note, this Procedure is designed for a five-day working week, and for a six-day week, the procedure for calculating the standard hours is limited by the norms of the Labor Code of the Russian Federation on a 40-hour working week, postponing holidays and shortening pre-holiday days, days off on Sunday and five hours of work on Saturday.

Labor legislation did not establish the length of working hours for working days when establishing a six-day working week (except Saturday). Therefore, in practice the following operating mode is used:

7 hours + 7 hours + 7 hours + 7 hours + 7 hours + 5 hours = 40 hours per week.

Based on this, the standard hours for a six-day week should be calculated.

Due to the discrepancy between the alternation of working days and weekends, the reduction of pre-holiday days and the postponement of holidays, the standard working time per month for a five-day and six-day working week may differ.

At the same time, the production calendar, which establishes the standard working time for certain calendar periods within the corresponding calendar year, is mandatory for any working time regime. Consequently, the work schedule for a six-day work week must be drawn up in compliance with the monthly working time norm, unless the employee has been provided with a summarized accounting with a longer accounting period.

Thus, the employer does not have the right to increase the working hours established by the production calendar. In this situation, it is necessary to revise the work schedule in such a way as to reach the standard hours: either reduce the number of working days, or reduce the duration of the working day.

Since the length of the working day and the alternation of working days and days off are established by the Internal Labor Regulations (hereinafter referred to as ILR), changes need to be made to them. This can be done by issuing an order (in any form) to amend the PVTR. In addition, since employees’ employment contracts contain a reference to the PVTR, they also need to be amended by concluding additional agreements.

Note: if the employee has a salary, and in accordance with the work schedule you have established, he worked all the working days of the month (or other accounting period), then he must be paid the full salary.

Details in the materials of the Personnel System:

1. Regulatory framework: Labor Code of the Russian Federation

Article 91. Concept of working time. Normal working hours

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours.

Normal working hours cannot exceed 40 hours per week.*

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.

(Part three introduced by Federal Law dated July 22, 2008 N 157-FZ)

The employer is required to keep records of the time actually worked by each employee.

Article 95. 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.

Article 100. 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, a working week with days off on a sliding schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time working days (shifts), start and end times of work, time of breaks in work, number of shifts per day, alternation of working 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 the general rules established by a given employer - an employment contract.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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 of the Russian Federation.

Article 111. Weekends

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

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

For employers whose work suspension 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.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n “On approval of the Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week” (Registered with the Ministry of Justice of the Russian Federation on September 28, 2009 N 14900)

CALCULATIONS OF WORKING TIME STANDARDS FOR CERTAIN TIMES

CALENDAR TIME PERIODS (MONTH, QUARTER, YEAR)

DEPENDING ON THE DURATION SET

WORKING TIME PER WEEK

1. The standard working time for certain calendar periods of time is calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday based on the duration of daily work (shift):

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.

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In accordance with Part 2 of Article 112 of the Labor Code of the Russian Federation, if a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred.

The standard working time calculated in this order applies to all work and rest regimes.

Thus, the standard working time for a particular month is calculated as follows: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of the five-day working week of a particular month and from the resulting number of hours is subtracted by the number of hours in a given month by which working time is reduced on the eve of non-working holidays.

The standard working time for the year as a whole is calculated in a similar manner: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of a five-day working week per year and from from the resulting number of hours, the number of hours in a given year by which working hours are reduced on the eve of non-working holidays is subtracted.

2. The transfer of days off that coincide with non-working holidays, provided for in Part 2 of Article 112 of the Labor Code of the Russian Federation, is carried out by employers using various work and rest regimes, under which work is not performed on holidays. This procedure for transferring days off that coincide with non-working holidays applies equally to work modes with both permanent weekends fixed by day of the week and with sliding days of rest.

For employers whose work suspension on non-working holidays is impossible due to production, technical and organizational conditions (for example, continuously operating production, daily service to the population, etc.), the transfer of days off provided for in Part 2 of Article 112 of the Labor Code of the Russian Federation is not carried out. .

With respect and wishes for comfortable work, Yulia Meskhia,

HR System expert

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