Labor of women in the countryside. Working hours in rural areas for women according to the Labor Code of the Russian Federation. Shift and flexible work schedule

The organization employs a woman who lives in a rural area and receives additional pay for working in a rural area. The time sheet showed her 7.2 hours a day, when other employees with the same schedule worked 8 hours. For 0.8 hours she was paid extra for work in the countryside. At the same time, the duration of her working week did not exceed 36 hours. Now this employee transferred to 0.5 rates. In the time sheet, she is now tabulated for 3.6 hours (7.2 hours / 2) and an additional payment is made for work in rural areas 0.4 hours.1. M.b. it must be time-sheeted for 4 hours and no additional payment should be made for work in rural areas, tk. does it work for 0.5 rates?

Women working in rural areas have the right to work no more than 36 hours a week. However, they must be paid in full. For part-time work, the employee's weekly hours of work should be calculated by dividing the maximum permitted weekly hours for that category of employees by the established rate. So, if an employee in rural areas is supposed to reduce working hours to 36 hours a week, and she works at 0.5 rates, then the duration of his work will be 18 hours a week (36 hours? 0.5), 3.6 hours a day .

The rationale for this position is given below in the materials of the Glavbukh System

Should the organization set a shorter working day for women working in rural areas

Yes, it should.

Women working in rural areas have the right to work no more than 36 hours a week. At the same time, they must be paid their wages in full.* This conclusion follows from paragraph 1.3 of the Resolution of the Supreme Council of the RSFSR of November 1, 1990 No. 298 / 3-1 and the Labor Code of the Russian Federation.

If reduced working hours are not established, the work performed by them in excess of fixed duration working time is payable as overtime (clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).

In addition, for violation labor law, including the regime of work and rest of employees, the employer and his officials may be held administratively liable ().

Is it necessary to reduce working hours for an employee working in harmful and dangerous working conditions if he is hired on a part-time basis (for example, by 0.25 of the rate)

When working on a part-time basis, the employee's working time is always less than the number of working hours established for working in the same position on a full-time basis. Therefore, an employee who works part-time during harmful conditions labor, reduce the working day, in fact, is not necessary. However, the duration of his work per week should be calculated by dividing the maximum permitted duration of work per week established for this category of employees by the established rate. For example, if the position requires a reduction in working hours to 36 hours per week, and the employee is hired at 0.25 rates, then the duration of his work will be 9 hours per week (36 hours? 0.25). *

Such conclusions follow from the totality of the provisions of the articles,

Labor activity of women: rights, guarantees, benefits

Current as of November 2018

Modern life requires everything from a woman at once: to create a family, and not to sit idly at work, to give birth / raise / educate a child, and to maintain comfort in the house, and raise GDP! But women also have special privileges: they are allowed to retire earlier, they are protected from the army, etc. About those benefits and benefits that are provided for working women - our reminder.

And we are stokers and carpenters!

There are a number professional areas, where the fair sex is difficult to access.

First of all these are underground works and works with harmful and (or) hazardous conditions labor (part 1 of article 253 of the Labor Code of the Russian Federation * (1); for a complete list, see the decree of the Government of the Russian Federation * (2)). For example, women will not be accepted as stokers (at least some, see item 449 of the list), nor as carpenters (item 49), nor as sailors (item 397 of the list) or divers (item 440); will not be put behind the wheel of a rural truck (clause 424 of the list); they will not be allowed to put out fires (clause 431 of the list); they will not be allowed into mines and for the construction of underground structures (clause 2 of the list). However, you can also get a job in these positions if safe working conditions are created for the worker at a particular workplace (and which will be confirmed by the results of special evaluation working conditions, see note 1 to the list). In addition, women are allowed to work underground - managers (and deputies), engineers, technicians, laboratory assistants and some other female employees who do not perform physical work and / or are not permanently underground (note 2 to the list), - as well as those who are engaged underground only in sanitary or domestic services (part 1 of article 253 of the Labor Code of the Russian Federation).

Secondly, the weaker sex cannot work in jobs related to lifting and manually moving weights that exceed the maximum allowable norms for ladies (part 2 of article 253 of the Labor Code of the Russian Federation): up to 10 kg, if the employee must manually lift and / or move loads no more than twice an hour; and 7 kg, if more often (Resolution of the Council of Ministers of the Russian Federation of 06.02.1993 N 105 * (3)). If you just need to lift the weights, but you don’t need to carry them anywhere, then the ladies are allowed to “take the weight” of 15 kg (clause 32 of the Labor Protection Rules * (4)).

What to do if it is impossible for a lady to work in a specific position, but she does work, and an employment contract with her has long been concluded? In this case, the contract was concluded in violation of the established restrictions on the occupation of certain types of labor activity(paragraph 6 of part 1 of article 84 of the Labor Code of the Russian Federation), and the violation excludes the possibility of continuing work, which means that this employment contract must be terminated under paragraph 11 of part one of Art. 77 of the Labor Code of the Russian Federation.

But first, the employer is obliged to offer the employee all available vacancies (including those with a reduction in position or salary). If the employee does not refuse the offer, then she is transferred to this new job (you need to sign supplementary agreement to the previous employment contract, see art. 72 of the Labor Code of the Russian Federation). And if the lady refuses (or there are no vacancies at all), then the contract is terminated (part 2 of article 84 of the Labor Code), and the former employee is paid a severance pay in the amount of the average monthly earnings (part 3 of article 84 of the Labor Code of the Russian Federation, paragraph 8 p 7 Resolution of the Plenum of the RF Armed Forces dated January 28, 2014 N 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors"). The employer is obliged to offer work and pay benefits, because he himself is to blame for the conclusion employment contract with violations: he knew for sure that he was hiring a lady.

Benefits for women working in rural areas

Women who work in rural areas (at absolutely any job) do not work 40 hours a week, but only 36 hours. This shortened working week is established by clause 1.3 of the Decree of the Supreme Council of the RSFSR dated 01.11.1990 N 298 / 3-I * (5) . Wherein wage paid in the same amount as for a full working week (Article 320 of the Labor Code of the Russian Federation, clause 13 of the Decree of the Plenum of the RF Armed Forces dated January 28, 2014 N 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors"). In addition, these workers may ask for one additional unpaid day off per month (part 2 of article 262 of the Labor Code of the Russian Federation). At the same time, to rural settlements include any points other than cities, workers, resorts and summer cottages (clause 4 of section II of the Regulations on the procedure for resolving issues of the administrative-territorial structure of the RSFSR, approved by the Decree of the Presidium of the Supreme Court of the RSFSR of 08/17/1982 "On the procedure for resolving issues of the administrative-territorial structure of the RSFSR ").

Forms of documents

Benefits for women working in the Far North and equivalent areas

Women who work in the regions of the Far North and areas equated to them (in absolutely any job) work not 40 hours a week, but only 36 hours. At the same time, wages are paid in the same amount as for a full working week (Article 320 of the Labor Code of the Russian Federation).

Mothers of children under the age of 16 are entitled to one additional unpaid day off per month (Article 319 of the Labor Code of the Russian Federation). Only one parent has the right to this day off: either mom or dad - at their choice.

Forms of documents

Mothers of girls and boys under the age of 18 can accompany their child-applicant entering the educational institution higher or secondary vocational education, on account of vacation (part 5 of article 322 of the Labor Code of the Russian Federation). It is important that this university be located in another area, and whether it will be public or private, whether the child enters full-time, evening or correspondence departments does not matter. To do this, an application of any form is submitted to the employer with a request to provide annual leave(or part of it, but not less than 14 calendar days) at the time specified in the application. If there are two children-applicants, then leave is granted once for each child.

Coming soon mom!

With the onset of pregnancy legal status The female worker changes as significantly as her figure: a woman acquires special privileges designed to strengthen her health and condition.

1. Expectant mothers cannot work overtime and cannot work at night ( that is, from 22.00 to 06.00), even if they themselves hold the opposite opinion (part 1 of article 259, part 5 of article 96, part 5 of article 99 of the Labor Code of the Russian Federation).

2. Pregnant women should not work in weekends and holidays(part 1 of article 259 of the Labor Code of the Russian Federation), even if they themselves do not mind. But if the employee has a shift work schedule (Article 103 of the Labor Code of the Russian Federation), that is, days off are provided according to the schedule, and work on Saturday and Sunday is not work on weekends (according to the schedule for a particular week), then just the opposite: She can work on Saturdays and Sundays, but it is forbidden to “take away” her days off in the middle of the week. In this case, the shift schedule should be drawn up so that in holidays the pregnant woman had a day off.

3. Pregnant employees cannot be sent on business trips (part 1 of article 259 of the Labor Code of the Russian Federation). The ban applies even if the employee herself asks to go there.

4. Pregnant women cannot be engaged in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

5. At the request of a pregnant employee, she is given part-time and/or part-time work week(Article 93 of the Labor Code of the Russian Federation): the employee will work less than the usually set time (for example, not 8, but 5 hours a day, or not 5 days a week, but 4); but her salary will be proportionately less than usual. Such a regime can be at absolutely any job (including "harmless" and "non-severe") and does not depend on the state of health of the pregnant lady. The administration has no right to refuse such a request.

6. But if a change in the workload is necessary to preserve the health of the expectant mother, then the administration is obliged to transfer her to another job (without adverse production factors) or reduce the rate of production / service (but the rate of time, that is, the duration of the work shift, will remain the same). Wherein average earnings on the previous work is preserved (part 1 of article 254 of the Labor Code of the Russian Federation). For such a transfer or reduction, two documents must be provided: a medical report on the need to reduce the norms or transfer of a pregnant woman and a statement from the employee herself. It is necessary to provide a conclusion, just a certificate of pregnancy is not good here.

Forms of documents

What kind of activity to offer such a pregnant employee, and what to do with it, is entirely the concern of the administration. From the moment of submitting the application and the conclusion of the doctor and until the moment of granting new job the expectant mother is subject to release from work while maintaining the average earnings for all missed working days as a result (part 2 of article 254 of the Labor Code of the Russian Federation). It can be assumed that if suitable job the company does not have one at all, then the employee will be released from work until the start of maternity leave, and all this time she will be paid the average salary (see the appeal ruling of the Krasnodar Regional Court dated 03.03.2015 in case N 33-3319 / 2015). Whether she needs to come to work, or whether she can stay at home, is a moot point; in one of these cases, the court decided that the employer determines this independently (decision of the Verkh-Isetsky District Court of Yekaterinburg dated July 13, 2012 in case No. 2-2935/2012).

By the way! Pregnant women should not work with a computer for more than 3 hours per shift, moreover, only if the computers meet the established hygienic requirements (clause 13.2 of SanPiN 2.2.2 / 2.4.1340-03 * (7)).

7. A pregnant worker does not need to "take time off" if during working hours she need to see a doctor(at a scheduled appointment, or donate blood, undergo an ultrasound scan, screening, etc.): the time (during her working day) spent on mandatory medical examination must be paid in the amount of average earnings (part 3 of article 254 TC RF). The employee should only submit supporting documents - certificates, coupons from the antenatal clinic indicating the date and time of the visit to the doctor, etc. (see, for example, the appeal ruling of the Chelyabinsk regional court dated November 21, 2013 N 11-12190/2013). It is not required to issue an order for release from work on the day of the examination (see information - FSS of Russia dated 07/27/2015).

8. Pregnant women should not be installed probation when applying for a job (paragraph 3, part 4, article 70 of the Labor Code of the Russian Federation). What if an employee becomes pregnant during the probationary period? According to Rostrud, in this case, the employer is obliged to cancel the probationary period for the expectant mother. True, one can find fault with this recommendation - after all, the condition for a probationary period is prescribed in the employment contract, and it can only be changed by agreement of both parties, and not by the employer unilaterally (Article 72 of the Labor Code of the Russian Federation). Another thing is that this condition cannot entail legal consequences due to the changed status of the employee - in other words, it is impossible to terminate the employment contract with a pregnant woman, even if she "failed" the test (paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1 "O application of legislation regulating the work of women, persons with family responsibilities and minors").

9. A lady in position under no circumstances cannot be recalled(part 3 p. 125 of the Labor Code of the Russian Federation). In addition, the leave should be granted to her only "in kind", it is prohibited to replace it or part of it with monetary compensation (part 3 of article 126 of the Labor Code of the Russian Federation).

10. An employer of his own free will can dismiss a pregnant woman only in two cases (part 1 of article 26 of the Labor Code of the Russian Federation): the organization is liquidated (or the employer - IP ceases to operate), or the branch (representative office) of the employer located in another locality is closed ( part 4 article 81 of the Labor Code of the Russian Federation, paragraph 24 of the Plenum of the Supreme Court No. 1 of 01/28/2014). In all other situations, including downsizing or downsizing, the dismissal of a pregnant woman at the initiative of the employer is unacceptable.

However, a pregnant woman can quit of her own free will. There are no special benefits in this case. In addition, the dismissal of the expectant mother is allowed in cases where this does not depend on the will of the parties (see Article 83 of the Labor Code of the Russian Federation, for example, in the event of non-election to the position, disqualification, reinstatement by court of the employee who previously held the position of a pregnant woman and etc.). If a lady works under a fixed-term employment contract, and its term expires precisely during her pregnancy, then she can ask for an extension of the contract until the end of pregnancy, and if she is granted maternity leave, until the end of this leave (part 2 of Art. 261 of the Labor Code of the Russian Federation). The employer has no right to refuse it. A more complicated situation is when a fixed-term employment contract with a pregnant lady was initially concluded only for the duration of the duties of an absent employee. When this absent worker starts work, the employment contract with the "temporary" worker will expire. In this case, the employment contract may be terminated, however, only if it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as vacant position or a job corresponding to the qualifications of a woman, and a vacant lower position or lower paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other areas, if this is provided for by the collective agreement, agreements, labor contract (part 3 of article 261 of the Labor Code of the Russian Federation).

11. And most importantly, this is paid maternity leave, which is provided on the basis of a sick leave and a woman's application (part 1 of article 255 of the Labor Code of the Russian Federation). The right to such leave arises 70 days before the approximate date of birth, which is determined by the doctor (he also indicates the corresponding period on the sick leave). But you can go on maternity leave later. At the same time, the expectant mother's vacation will be less than 140 days, provided for in Part 2 of Art. 255 of the Labor Code of the Russian Federation, and the maternity benefit will decrease: it will be assigned from the first day when the employee actually goes on maternity leave, and until the end of the period of disability indicated on the sick leave (letter of the FSS of Russia dated 08.10.2004 N 02 -10/11-6671, decision of the Supreme Court of the Russian Federation of November 14, 2012 N AKPI12-1204).

By the way! The husband of the expectant mother can go on vacation at the same time, regardless of the time of his continuous work this employer(part 4 of article 123 of the Labor Code of the Russian Federation).

In addition, before maternity leave (or immediately after it), a woman has the right to go on regular (annual) leave (Article 260, paragraph 2, part 3, article 122 of the Labor Code of the Russian Federation).

12. The law allows a woman not to go to work and fully devote herself to family concerns until the child reaches the age of 3 years: all this time, the employee will retain her "prenatal" position (parts 1 and 4 of article 256 of the Labor Code of the Russian Federation). Mom has the right to go to work earlier, in which case the legislation provides her with some benefits and benefits.

By the way! Paid parental leave can be used in full or in parts also by the child's father, grandmother, grandfather, other relative or guardian who actually cares for the child (part 2 of article 256 of the Labor Code of the Russian Federation).

Mothers of babies up to one and a half years old:

Can be on leave at the same time (receiving child care allowance) and work at home or at the enterprise, but (part 3 of article 256 article 93

If it is difficult for them to fulfill their "prenatal" labor duties (due to schedule reasons, the nature of the workload, etc.), they can be transferred to another job with wages for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years (part 4 of article 254 of the Labor Code of the Russian Federation). To do this, you must submit an application to the employer.

Forms of documents

Have, in addition to the usual lunch break, extra breaks for feeding the baby- at least every three hours for at least 30 minutes each (Article 258 of the Labor Code of the Russian Federation). Such breaks are included in working hours and are payable in the amount of average earnings. At the same time, they can be used during the day, or they can be attached to the lunch break or transferred both to the beginning and to the end of the working day with its corresponding reduction (for this you need to write an application). Breaks are provided regardless of whether the child is breastfed or otherwise, and in general - whether the breaks are devoted to feeding him.

Forms of documents

Part 2 Art. 259, part 5 of Art. 99, part 7 of Art. 113 of the Labor Code of the Russian Federation);

Forms of documents

They cannot install probation when applying for a job (paragraph 3, part 4, article 70 of the Labor Code of the Russian Federation);

Art. 298 of the Labor Code of the Russian Federation);

Part 4 Art. 261

Moms of babies from one and a half to three years old:

Can be simultaneously on parental leave (up to three years) and work at home or at the enterprise, but on a part-time basis(part 3 of article 256 of the Labor Code of the Russian Federation): you need to work less than the usually set time (for example, not 8, but 5 hours a day, or not 5 days a week, but 4), but the salary will be less (Article 93 of the Labor Code RF). The administration has no right to refuse such a request;

They can work at night (from 22.00 to 6.00), overtime, on weekends and holidays, as well as go on business trips, they can only with their own written consent, and even on the condition that they were previously informed against signature of the right to refuse such work or business trip (h 2 article 259, part 5 article 96, part 5 article 99, part 7 article 113 of the Labor Code of the Russian Federation);

Forms of documents

They cannot be involved in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation);

They have "increased immunity" from dismissal (part 4 of article 261 of the Labor Code of the Russian Federation): the employer can dismiss them only in cases limited by law (rude or repeated violation job duties, loss of trust, etc., including an immoral act or the use of unlawful methods of education (for employees of the pedagogical sphere), as well as the liquidation of the organization).

Mothers of toddlers aged three to five years:

If they are raising a child without the help of a spouse, then they can be involved in night work (from 22.00 to 6.00) only with their written consent and on condition that they were previously familiarized with the right to refuse night work (part 5 of Art. 96, part 3 of article 259 of the Labor Code of the Russian Federation);

Forms of documents

If they are raising a child without the help of a spouse, then involve them in overtime work, on weekends and holidays, as well as send on business trips it is allowed only with their written consent and provided that they were previously acquainted with the right to refuse a business trip, work overtime, work on weekends and holidays (part 3 of article 259 of the Labor Code of the Russian Federation);

Forms of documents

By the way! Single dads have similar guarantees (part 5 of article 96, part 3 of article 259 of the Labor Code of the Russian Federation);

Part 4 Art. 261 h. 4 art. 261 of the Labor Code of the Russian Federation);

on a part-time basis Art. 93 of the Labor Code of the Russian Federation). The administration has no right to refuse such a request.

Mothers of children aged five to fourteen:

They can work as they wish part-time conditions: you need to work less than the usually set time (for example, not 8, but 5 hours a day, or not five days a week, but 4), but the salary will be less (Article 93 of the Labor Code of the Russian Federation). The administration has no right to refuse such a request;

If they raise a child without the help of a spouse, then they have "increased immunity" from dismissal (part 4 of article 261 of the Labor Code of the Russian Federation): the employer can dismiss them only in cases limited by law (gross or repeated violation of labor duties, loss of confidence, etc. ., including an immoral offense or the use of unlawful methods of education (for employees of the pedagogical sphere), as well as the liquidation of the organization). By the way, this also applies to single fathers (part 4 of article 261 of the Labor Code of the Russian Federation).

Mothers of children under 12 years of age:

Can take annual paid leave at will at their convenient time(Article 262.2 of the Labor Code of the Russian Federation). Both mom and dad have this right at the same time, that is, everyone can go on vacation together!

Note! This benefit is only available to parents who have three or more children at once, and none of them have reached the age of 12 years. If the eldest is already 12, and the two younger ones go to a nursery, then the annual paid leave for mom and dad is provided on a general basis.

Mothers of disabled children under the age of 18:

(of course, they fully enjoy the same rights as mothers of healthy children at the appropriate age)

They have “increased immunity” from dismissal (part 4 of article 261 of the Labor Code of the Russian Federation), provided that they are the only breadwinner of the child or raise him without the help of a spouse: the employer can dismiss them only in cases limited by law (gross or repeated violation of labor duties , loss of trust, etc., including an immoral act or the use of unlawful methods of education (for employees of the pedagogical sphere), as well as the liquidation of the organization). By the way, this also applies to single fathers or sole breadwinners (part 4 of article 261 of the Labor Code of the Russian Federation);

go away vacation at your convenience(Article 262.1 of the Labor Code of the Russian Federation). Preemptive right only one parent of a disabled child has the right time to choose a vacation: either mom or dad - at their choice;

They can work as they wish on a part-time basis: you need to work less than the usually set time (for example, not 8, but 5 hours a day, or not 5 days a week, but 4), but the salary will be less (Article 93 of the Labor Code of the Russian Federation). The administration has no right to refuse such a request;

They can work at night (from 22.00 to 6.00), overtime, on weekends and holidays, as well as go on business trips, they can only with their own written consent, and even on the condition that they were previously informed against signature of the right to refuse such work or business trip (h 5 article 96, part 3 article 259 of the Labor Code of the Russian Federation).

Forms of documents Consent of an employee to be sent on a business trip *(5) Decree of the Supreme Council of the RSFSR of 01.11.1990 N 298/3-I - Decree of the Supreme Court of the RSFSR of 01.11.1990 N 298/3-I "On urgent measures to improve the situation of women, families, protection of motherhood and childhood in the countryside." It should be noted that although this benefit is not provided for in the Labor Code of the Russian Federation, however, according to Art. 423 of the Labor Code of the Russian Federation, until the regulatory legal acts in force on the territory of the Russian Federation are brought into line with the Labor Code of the Russian Federation, regulatory legal acts former Union SSRs are applied insofar as they do not contradict the Labor Code of the Russian Federation. Specifically, this norm of the decision of the Supreme Court of the RSFSR has already been challenged in the Constitutional Court of the Russian Federation, which refused to accept the complaint for consideration, while recognizing that compliance with the requirements of paragraph 1.3 of this decision does not lead to a violation of the constitutional rights of the employer (determination of 03.02.2010 N 149- Oh-oh). Supreme Court The Russian Federation also refers to it as the current one (paragraph 13 of the Resolution of the Plenum of the RF Armed Forces dated January 28, 2014 N 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors"). *(6) SanPiN 2.2.0.555-96 - Sanitary rules and norms SanPiN 2.2.0.555-96 "Hygienic requirements for working conditions for women" (approved by the resolution of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of October 28, 1996 N 32) *(7) SanPiN 2.2.2/2.4.1340-03 "2.2.2. Labor hygiene, technological processes, raw materials, materials, equipment, working tools. 2.4. Hygiene of children and adolescents. Hygienic requirements for personal electronic computers and organization of work. Sanitary and epidemiological rules and regulations", approved by the decision of the Main State sanitary doctor RF dated 03.06.2003 N 118 *(8) Order of the Ministry of Labor 1055n - Order of the Ministry of Labor and social protection RF dated December 19, 2014 N 1055n "On approval of the application form for granting one of the parents (guardian, trustee) additional paid days off to care for disabled children" * (9) Rules for the provision of additional paid days - Rules for the provision of additional paid days off for the care of disabled children, approved. Decree of the Government of the Russian Federation of October 13, 2014 N 1048

Women working in rural areas can increase the length of the working day, according to the Ministry of Labor. Now they have a shortened 36-hour week instead of the 40-hour week like everyone else. The department is considering repealing or maintaining the norm.

According to the publication, the initiative is included in the action plan of the Russian Tripartite Commission for the first half of 2019. However, the Ministry of Labor refused to explain what the consideration of such measures is connected with.

The ministry held at least two meetings on this issue, Galina Yurova, deputy chairman of the trade union of agricultural workers, who was present at the meetings, told Izvestiya. “Ministry officials say they are “working to abolish obsolete norms.” But we believe that benefits can be canceled only after the quality of life in the countryside improves significantly,” she said.

The economic burden on women in rural areas is very high, because in many villages and villages women still carry water from the well, heat the stove, and so on.

“Children are often transported to school several tens of kilometers away by bus. For a long day, you need to cook a child to eat, all this burden also lies with women, ”said Yurova.

The norm on a shortened working week is fixed in the resolution of the Supreme Council of the RSFSR dated November 1, 1990 No. 298 / 3-1 “On urgent measures to improve the situation of women, families, and maternity protection in the countryside”.

According to Rosstat, 37.6 million people live in rural areas. More than half of them - 20.3 million - are women. Of these, 63.3% are employed. Thus, the measure will affect about 12.9 million workers, Izvestia notes.

It is not only trade unions who are wary of this initiative. An increase in working hours may lead to an increase in unemployment in the countryside, the Vice-Rector of the Academy of Labor told the publication.

“If employees work harder, fewer people will be needed to do the same amount of work,” he said. A shorter working day allows women to manage their own households and grow food. This allows you to feed your family, he stressed.

According to the portal for job search Trud.com, the average salary in Russia in the field of agriculture amounted to a little more than 20 thousand rubles. Women in the villages are busy working in schools, kindergartens, shops and so on.

The President of Russia during his message Federal Assembly announced the appearance of the Zemsky Teacher program. Its launch is scheduled for 2020. The main goal is to provide schools in villages and small towns with teachers. If a teacher moves to a village under the program to teach children at a local school, he will receive a payment of one million rubles from federal budget. A similar program to attract to villages and small towns medical specialists The Zemsky Doctor is already in operation.

The abolition of shortened working hours for women in rural areas may have a negative impact on the implementation of the above programs and the Russian economy as a whole, the department's associate professor believes legal regulation economic activity Anastasia Buyanova. Labor in agriculture and so one of the most difficult - both because of the climatic conditions and because of the difficult work schedule, she added.

Earlier it became known which regions in Russia have the longest working week, and which, on the contrary, have the shortest. The most industrious were the Sevastopol residents, they work 39 hours a week. Least of all, they work in Altai - 32.9 hours a week.

Reported that as of March 13, the number of officially registered unemployed residents of Russia increased by 1.1% to 810.9 thousand people. The increase in the number of unemployed citizens is associated with the "seasonal factor", as well as an increase in unemployment benefits.

In general, 1.4 million citizens were registered as unemployed in 2018, which is 10.4% less than in 2017.

The lowest unemployment rate - 0.2% - was registered in Sevastopol. The highest unemployment rate at the beginning of the year was recorded in Ingushetia (8.7%).

What documents should be used to formalize the establishment of a 36-hour week for women working in rural areas?

Answer

The condition on the duration of working hours must be spelled out in the employment contract with the employee. If this condition was not stipulated in the employment contract, then the employer must conclude an additional written agreement to the employment contract and prescribe a condition on the duration of working hours. The paragraph on working hours may look, for example, like this: “5.1. The employee is assigned a five-day working week of 36 (thirty-six) hours. Daily opening hours: from 9:00 to 17:12, lunch break from 13:00 to 14:00. Days off are Saturday and Sunday.

In addition, this condition must be fixed in local regulations, for example, the Internal Labor Regulations, collective agreement in the Working Hours section. An example text might look like this: “Women working in rural areas are assigned a 36-hour workweek, unless a shorter workweek is provided for by other legislative acts. At the same time, wages are paid in the same amount as for the full duration of weekly work.

Details in the materials of the System:

How to set up reduced working hours

Categories of employees

The 40-hour work week is reduced for employees:

under 16 years old (up to 24 hours);

under 16 who study and work for school year(up to 12 h);

disabled people of groups I and II (up to 35 hours);

at the age of 16-18 years (up to 35 hours);

at the age of 16-18 who study and work during the academic year (up to 17.5 hours);

who are busy with hard work, industries with harmful and dangerous working conditions, if the special nature of working conditions is confirmed by attestation of workplaces (up to 36 hours).

for teaching staff- no more than 36 hours per week ();

for medical workers- no more than 39 hours per week ().

For minor employees, in addition to a reduced working week, the legislation also provides for a reduced duration of daily work (shift). Employees under the age of 16 must not work more than 5 hours, and those between 16 and 18 must not work more than 7 hours a day. If a teenager aged 14-16 combines work with study, then his daily shift is 2.5 hours. Students aged 16 to 18 must not work more than 4 hours per day. Such rules are contained in the Labor Code of the Russian Federation.

Reduced working hours must be specified in the employment contract ().

Payment order

By general rule under the regime, remuneration is established in the amount provided for the normal working hours, regardless of whether the reduced hours are mandatory for this category of employees or not. For example, categories of employees who need to be paid in the same amount as for the full duration of the weekly work include:

women working in rural areas ( , );

The exception is employees under the age of 18. Calculate their salary taking into account the reduced duration of work, depending on which wage system the organization uses - time or piecework. With a time-based remuneration system, an organization can pay an employee under the age of 18 for those hours that he did not work due to a reduced schedule (). Under the piecework system, the amount of wages depends on the output. The production rate for an employee under the age of 18 is determined based on the general rate, recalculated for reduced working hours.

The organization may establish an additional payment for an employee under the age of 18 up to tariff rate for the time by which the working day is reduced (). Surcharges for the earnings of underage employees should be fixed in a collective or labor agreement (, Labor Code of the Russian Federation).

2. Situation: Should the organization establish a shorter working day for women working in rural areas

Yes, it should.

Women working in rural areas have the right to work no more than 36 hours a week. However, they must be paid in full. This conclusion follows from the resolution of the Supreme Council of the RSFSR of November 1, 1990 No. 298 / 3-1 and the Labor Code of the Russian Federation.

If reduced working hours are not established, employees have the right to contact labor inspection. According to her prescription, the head of the organization is obliged to bring the state of affairs in line with labor legislation. Otherwise, he may be fined from 1000 to 5000 rubles. In addition, an organization can also be fined in the amount of 30,000 to 50,000 rubles. It is these sanctions that are provided for violation of labor laws ().

Nina Kovyazina,

Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

Recycling and crazy work schedule have become the norm for a long time. Employers do not always fulfill their obligations. The question of how many hours a week a woman should work becomes uncomfortable. But Labor Code The Russian Federation provides benefits for women workers in all industries regarding the length of the working day, week, and provides for additional payments for hours spent at work overtime. All employers are required to comply with the Labor Code of the Russian Federation, regardless of the form of ownership and the status of the enterprise, including individual entrepreneurs.

The legislation takes into account that almost all household chores fall on the shoulders of wives, mothers and grandmothers - it's like a free second shift after the main job for money. According to the Labor Code of the Russian Federation, women are granted benefits for the duration labor day and weeks.

The employer is obliged to take into account all the time spent at work. Every hour must be recorded. Looking at the time sheet, you can find out how many hours a week or month a particular woman works. Strict fixation of working hours will help to fairly calculate salaries and bonuses, and will also allow you to determine who is owed extra money.

The length of stay in production should not exceed 40 hours for workers in all industries. An exception may be such a profession as, where the work schedule is not standardized, and the specifics of work do not allow setting a strict framework for staying at work.

When drawing up an employment contract, the employer is obliged to take into account all the nuances associated with possible overtime hours and follow the law. Before signing, it is better for a potential employee to study all the points in order to prevent possible problems.

Accounting for hours worked

The authorities are obliged to accurately and timely take into account the time worked by a woman. This is usually done by compiling a time sheet every month if the salary is accrued once during this calendar period.

Information is entered into the document based on the facts of exit or absence from the enterprise, as well as the number of working hours. Days of sick leave, vacations, or other cases of non-attendance at the enterprise are recorded with special characters. Such a time sheet will allow accounting staff to fairly accrue money based on hours worked, take into account overtime, holidays and other overtime.

Drawing up a work schedule

The required work schedule must be specified in the employment contract. Before embarking on activities, a woman must see in what mode she will have to work. The employment contract requires information about additional payment for going to work outside the established shifts, on holidays.

Standard working week for current legislation is 40 hours. This time is required to be divided by the number of expected shifts at the discretion of the authorities. Sometimes the time actually spent at work does not coincide with the established norms. The production need may be such that 40 hours per week is not enough to distribute shifts. All excesses must be recorded and paid at an increased rate.

Rest time must be taken into account - for example, after a 12-hour shift, the employee must have at least 42 free hours. This is necessary for a full recovery of strength and is especially important when working that requires additional care, work in a high-risk mode, hard physical labor, harmful industries.

In some cases, with a shortage of staff, an enhanced work schedule may be temporarily introduced. Such a regime should provide for all necessary additional payments, but overtime work established by law should not exceed 4 hours a day or 14 hours a week.

Benefits for mothers and pregnant women

Carrying and giving birth to a child is a serious test. A pregnant woman is considered healthy, but hard labour may not be available during full-time employment. How many hours a pregnant woman should work, the legislation provides for consideration by the expectant mother herself. It is also possible to switch to another, more light activity. The opportunity to choose in such a crucial period makes life easier, helps to maintain health, focus on your condition and raising your baby.

There are bosses who refuse to enter into an agreement with pregnant women, mothers of small children, or simply because of the youth of the applicant (“He will still go on maternity leave”). This is illegal and can be appealed through the court (Article 64 of the Labor Code of the Russian Federation). Also, pregnant women, when applying for a job, cannot be set at the first stages of work for a probationary period.

The mother of a child under 14 years of age has the right to ask for a light work week. The same benefit is provided for pregnant workers, parents of disabled children under 18 years of age. A woman can ask for the establishment of part-time work when drawing up a contract or in connection with the frequent illnesses of the baby later (Article 93). The administration is obliged to satisfy this request. Remuneration is assigned in accordance with the number of fixed working hours or output, if the work is associated with a percentage of the resulting product of labor. With a lighter work regime, an incomplete day or a week, the length of service is accrued under normal conditions; this also does not affect the duration of annual leave.

According to Article 96 of the Labor Code, mothers, guardians and fathers of babies under 3 years old, single parents can work on the night shift only with their written permission, if their health condition allows. The employer has no right to independently change their schedule, to force them to work at night. Involve women with disabilities, mothers of small children to overtime hours without a written consent is also prohibited by Article 99. The employer is obliged to notify the employees in writing of their right to refuse additional work and take from them a signature that they are familiar with this right. Few people know about this law, but it gives women advantages and will not allow employers to force employees to spend extra time at work.

Pregnant women at work are required to be transferred to lighter work, to reduce their production rate after providing a certificate of their condition from a doctor and a written application. The average salary remains the same (Article 254). In case of ignoring the application, the expectant mother may not go to production until her request is satisfied. In the same place with difficult conditions, the authorities have no right to force a woman to work. The benefit also applies to mothers of children under 1.5 years old. Former salary persists until the child grows up.

Working hours for all women

The 40-hour work week is legally established for everyone. And how many hours a day should an ordinary woman work? According to article 100 of the Labor Code, the mode of labor shifts takes into account the standard duration of the working week. Typically, employers divide the number of hours by the number of working days. There are 5, 6-day weeks, as well as work schedules with a shift or sliding mode. Scheduled breaks, start time of the working day are taken into account. For example, with a 5-day week, the length of the day will be 8 hours with one hour break for eating or rest.

Shift and flexible work schedule

The management of the production with a shift schedule is obliged to ensure that the number of shifts does not violate the legally established 40 hours. That is, there should not be more than 4 12-hour shifts - the rest is considered overtime work. When drawing up the schedule, the authorities must take into account the ratio of weekends and weekdays so that the employee has time to rest. It is impossible to set shifts one after another with a 12-hour working day with a break between shifts of less than a day.

Pre-holiday shifts under the standard schedule are getting shorter by an hour so that people can prepare for the upcoming event.

If you have to work on a daily schedule, after the shift, the employer must provide at least 3 days off. Opinions differ on how to qualify daily shifts: some bosses believe that they are dealing with rolling schedule, but there are supporters of the definition of "shift work".

A sliding or flexible schedule determines the duration of shifts and the number of days off by prior agreement of the parties when drawing up an employment contract. Shift work implies a strict distribution of labor time in order to use the equipment more constructively, and also if the production need does not allow setting a legally acceptable daily schedule.

Information about the mode of labor activity must be provided when applying for a job. Information about changes to the schedule must be given to employees no later than one month before its entry into force. It is forbidden to force an employee to work 2 shifts in a row. If a replacement employee does not come to work, her colleague can be asked to work overtime for no more than 4 hours.

An increase in wages for night hours is provided: the duration of such a shift should be shorter by an hour when shift schedule work. Under flexible hours, the night shift is not shortened, which is more beneficial for the employer. Accounting for working time according to the standard 40-hour work week with a daily schedule is not possible. The employer is obliged to ensure that the amount of time worked does not exceed the allowable norm for a longer period (month, quarter), and the duration of the accounting time should not exceed a year.

Overtime will be all hours worked in excess of standard hours based on the norm of 40 hours per week. Overtime is paid in the first 2 hours in the amount of 1.5 times the regular salary. For longer additional works pay doubles.

Holiday work is paid extra. According to article 153 of the Labor Code, employees are required to pay money at a double rate. The number of overtime and additional hours cannot be more than 16 per week and 4 per day.

How many hours a woman should work per month is determined according to the 40-hour work week. This number is multiplied by the number of weeks in the month.

Norm of hours of work in rural areas for women

Women's labor in the countryside cannot be called easy. It requires a large investment of physical strength, and in addition to work duties, a woman has to take care of her own garden, house, and children. Village workers are entitled to a benefit in reducing working time to 36 hours. This law was passed in 1990. This rule applies to all enterprises located and registered in the village. Worked above the norm is subject to additional payment in accordance with the regulation on overtime work.

For rural teachers, these 36 hours include not only lessons taught, but also checking homework, compiling manuals, etc.

The position, place of residence and salary of the employee herself do not affect the application of this law. If a woman works in an enterprise that is listed in the city, but actually operates in the countryside, this rule invalid - a regular week of 40 hours applies to it.

conclusions

A woman can work 40 hours a week - this is the legally accepted norm. Exceeding the amount of working time is possible in industries with a shift or staggered schedule. Pregnant women are not allowed to work overtime and at night.