New changes in the labor code of the Russian Federation. No overtime work! What you need to know about the new Labor Code. The employer changes the conditions

Dated 18.06.2017 No. 125-FZ "On amendments to Labor Code RF "(it comes into force on June 29, 2017). The amendments touched upon the issues of establishing and paying for part-time work and irregular working hours. There are also changes in terms of remuneration for overtime work and for work on weekends and holidays. We will tell you what an accountant needs to know about the new calculation rules wages from June 29, 2017.

Part-time work: important amendments

Normal duration working week, in general, should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). In a week working time should be distributed in such a way that its total duration does not exceed the specified limit. Most often you can find this option - an eight-hour working day with a five-day working week with days off Saturday, Sunday.

However, in addition to normal working hours, part-time work may be established. Part-time work involves part-time work during the week, or during the working day or shift. The establishment of part-time work is regulated by article 93 of the Labor Code of the Russian Federation.

An example of establishing part-time work

An employee is not busy for five working days, but four or not eight hours per shift, but six.

Part time: how it can be set

From June 29, 2017, employers have the right to simultaneously assign an employee a part-time day and a week. For example, a schedule of four hours on Monday and Thursday. Prior to that, Article 93 of the Labor Code of the Russian Federation allowed to shorten either a week or days.

Also, in article 93 of the Labor Code of the Russian Federation, from June 29, 2017, a rule appeared that an employee can be set to a part-time working day, dividing it into parts. For example, two in the morning and three in the evening. Previously, there were no such provisions in the Labor Code of the Russian Federation.

This is how part one of article 93 of the Labor Code of the Russian Federation reads after amending it:

When it will be necessary to take into account the wishes of employees

The employer can transfer any employee to work with a part-time schedule at his request. However, in an individual employer is obliged to establish a part-time work regime for the employee. This must be done at the request:

• a pregnant woman;
• one of the parents (guardian, curator) who has a child under the age of 14 or a disabled child under the age of 18;
• an employee who takes care of a sick family member in accordance with a medical report.

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The adopted amendments supplemented, from June 29, 2017, the provisions of Article 93 of the Labor Code of the Russian Federation with a new rule stating that the above categories of working hours and rest time, including the duration daily work (shifts), the start and end time of work, the time of breaks in work, should be established in accordance with the wishes of the employee, taking into account the conditions of production (work) at this employer.

Thus, for example, a pregnant woman may wish to start her working day two hours later than usual. The employer will be obliged to take this kind of wish into account when setting part-time work. Similarly, at the request of the employee, the time and, say, lunch break or shift can be changed.

Prohibition on establishing irregular working hours

Irregular working hours - this is a mode of work when some employees can, by order of the employer, if necessary, be involved in work outside the established working hours for them (Article 101 of the Labor Code of the Russian Federation).

A feature of irregular working hours is the nature of the work when, for reasons beyond the control of a person, it is impossible to perform all of its functions during working hours. For example, setting irregular working hours for a lawyer will help attract him to participate in court hearings that take place outside the normal working day.

But is it allowed to establish irregular working hours for an employee who is employed on a part-time basis? Can. Let us explain why.

The introduction of an irregular working day means that a person works outside the established working hours, including outside part-time work: a day or shift (Article 101 of the Labor Code of the Russian Federation). Consequently, the employer has the right to establish irregular working hours for an employee who works part-time.

Commented by the law, Article 101 of the Labor Code of the Russian Federation, from June 29, 2017, was supplemented by the rule that an employee working part-time can be assigned an irregular working day. But only if two conditions are met simultaneously:

1. by agreement of the parties employment contract part-time working week established;
2. a person works full time (shift).

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Thus, it turns out that if a person works, for example, on a part-time basis (shift) in a part-time work week, then an irregular working day cannot be set for him. After all, then the two above conditions are not met.

Now the Labor Code of the Russian Federation prohibits the establishment of both non-standardized and part-time working hours. If the employment contract contains both conditions, then the contract should be amended after June 29, 2017.

Who can now be left without lunch

Articles 108 of the Labor Code of the Russian Federation determine the norms governing the establishment of breaks for rest and meals. It is stipulated that the lunch break is fixed in employment contracts or in local acts (for example, in the Internal Labor Regulations). In this case, the duration of a lunch break cannot be less than 30 minutes and more than two hours.

The commented law clarifies that from June 29, 2017, employees can be left without a lunch break if they work four hours or less. This condition must be included in the employment contract or in the Internal Labor Regulations. Before that, the rules were the same for everyone. The break should be regardless of the length of the working day.

Overtime pay: there will be less confusion

An employer's guide can get a person to work overtime. It should be understood as work outside the established working hours (Article 99 of the Labor Code of the Russian Federation).

Overtime work is work at the request of the employer outside the established hours of work:

• in excess of daily work (shift) (with daily work time accounting);
• in excess of the normal number of working hours for the accounting period (with the summarized accounting of working hours).

Article 152 “Payment overtime work"The Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half. And for the next hours - not less than double.

Now article 152 of the Labor Code of the Russian Federation has been supplemented with a new paragraph. It says that the rules of Article 152 of the Labor Code of the Russian Federation are applied to work in excess of the norm only on weekdays. If the employee works on weekends or holidays, then his labor is paid according to article 153 "Pay on weekends and non-working holidays" of the Labor Code of the Russian Federation. That is, no less than double the size.

We usually undertake to study laws when serious problems arise. However, the same Labor Code is worth reading at least in order to know: is not your rights being infringed for an hour ?!

Of course, we will not burden our readers now by publishing all four hundred and a half articles of the law. Let us dwell on the new amendments that Vladimir Putin adopted the other day. They also concern overtime pay. So if you are a desperate workaholic, and your boss uses it shamelessly, read our article.

Part-time work

So, with the consent of the authorities employee may work part-time... For example, four hours instead of eight, or three times a week, not five. Moreover, you can switch to this mode, even if you are already a longtime employee of the company, and not just newcomers who get a job.

The new amendment to Article 93 added: the working day in this case can be divided into parts. For example, a couple of hours in the morning and the same in the evening. How much you can work part-time is up to you with your superiors. The Labor Code does not limit this matter.

However, there are categories of employees who are obliged to provide part-time work. These are pregnant women, a parent (guardian, caregiver) raising a child under 14 years old (a disabled child under 18 years old), as well as an employee who takes care of a sick relative.

And here is another new amendment: "The mode of work and rest is established in accordance with the wishes of the employee."

However, you, as one of those involved in a particular category of employees, can only demand part-time work from your superiors for the duration of your special circumstances. As for the salary, as under the old code, you receive money according to the number of hours worked. But part-time work does not affect the size of bonuses, seniority and the number of days on vacation - you rest, like other employees, including on weekends and holidays. And yes, in work book a record that you work part-time should not be posted.

Photo frame from the movie "The Devil Wears Prada"

Irregular day

To begin with, let’s explain: that you have an irregular working day must be spelled out in the employment contract. Otherwise, those three hours that you sat in the evening for the report can be considered overtime. And this is a completely different story (more about it below).

So, if you have irregular working hours, and the boss asks to stay after the shift, you have no right to refuse him. And you will not be paid for this time. However, you should only do the work that is your responsibility. That is, there are no "voluntary-compulsory" subbotniks and amateur performances. In response to the extra hours at work, the bosses must add at least three days to your vacation (usually this minimum is limited by the company). This means that you will not rest 28 days a year, but at least 31!

What's new in the fresh version of the code:

Article 101 explained how to deal with employees who work part-time. They can also be loaded with irregular work (if such a possibility is spelled out in the contract), but only when they work full time (shift) with a part-time work week. If you work every day, even for 2-4 hours, irregular working hours are definitely not for you.

Lunch break

From now on, letting you go for lunch is not required, provided that you work four or less hours. In other cases, a break for rest or a snack (you can dispose of this time as you want) is guaranteed to you. And it should last at least 30 minutes, and a maximum of two hours.

Photo frame from the movie "The Devil Wears Prada"

Overtime work

As we already know, during the hours spent at work during irregular day, you won't get paid. Another thing, overtime work... First, they can only be attracted to it with your written consent. In addition, the law says: the first two hours in excess of what you should be paid in one and a half amount. Subsequent hours - at least twice more than an hour in regular time. Or, if it is prescribed in the contract, three to four times more.

With the new amendments to Article 152, work on weekends and holidays is excluded from the calculation of overtime. That is, you will be paid on these days not as for overtime, but at the "weekend rate" - double.

Work on weekends and holidays

An important amendment was made to Article 153. Earlier, for going to work on the weekend payment was supposed to be double. Moreover, a person could work four to four hours and receive double pay for a full eight-hour day.

Now that won't work.

"Payment in an increased amount is made for hours actually worked on a weekend or a non-working holiday," the new law says.

For us, workers, the amendment, of course, is not the most pleasant one. Now the boss can call you from rest for three hours, and will pay much less. On the other hand, if you sit for more than eight hours a day on Saturdays, you should also be compensated for this time.

RF, albeit not radically changing the norms labor law, but still clarifying the existing standards, which makes it possible to solve part topical issues employers associated with the remuneration of employees.

The amendments stipulate the possibility of reducing the duration of working hours, including with the division of the working day into parts (part 1 of article 93 of the Labor Code of the Russian Federation). Previously, it was possible to set either part-time work (shift) or part-time work week. Moreover, both without a time limit, and for any period agreed by the parties to the employment contract. In addition, Art. 93 of the Labor Code of the Russian Federation was supplemented with part 2, indicating that part-time work is established for the persons listed in the article (pregnant women, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18 years), as well as persons caring for a sick family member) for a period convenient for the employee, but not more than for the period of existence of circumstances that were the basis for the mandatory establishment of part-time work. At the same time, the mode of working time and rest time, including the duration of daily work (shift), the start and end time of work, the time of breaks in work, is established in accordance with the wishes of the employee, taking into account the conditions of production (work) at this employer. This is important both for the employer and for the employee himself, who is in difficult life circumstances.

The amendments also define in which cases an irregular working day can be established for a part-time worker. So, this is possible only if the agreement of the parties establishes an incomplete working week, but with a full working day (shift) (Article 101 of the Labor Code of the Russian Federation).

Also, the legislator determined that if the duration of daily work (shift) established for an employee does not exceed 4 hours, he may not be provided with a break for rest and meals (Article 108 of the Labor Code of the Russian Federation). This is more than advisable given such working hours.

In addition, the issue with the order of payment for overtime work, which often arises among personnel officers, has been resolved. When calculating overtime hours, work on weekends and non-working holidays, performed in excess of the working time norm, is not taken into account, since it has already been paid in an increased amount or compensated for by another day of rest (Article 152 of the Labor Code of the Russian Federation).

At the same time, the procedure for remuneration for work on weekends and non-working holidays has also been clarified, which especially often leads to erroneous decisions of employers regarding payment of such time to employees. In particular, an increased payment is made to all employees for hours actually worked on a weekend or a non-working holiday. If a part of the working day (shift) falls on a weekend or a non-working holiday, the hours actually worked on that day (from 0 to 24 hours) are paid in an increased amount (Article 153 of the Labor Code of the Russian Federation). And this is quite true, although in practice, employers have often carried out such a calculation before.

The Federal Law signed by the President of the Russian Federation was published on June 21, 2017 in Russian newspaper, effective June 29, 2017.

On June 18, 2017, the President of the Russian Federation signed amendments to the Labor Code of the Russian Federation (125-FZ), which touched upon the issues of providing part-time work, the procedure for granting breaks for rest and meals, the specifics of establishing irregular working hours for certain categories and changes to Articles 152 and 153 of the Labor of the RF Code regulating the peculiarities of payment for overtime work and work on weekends and holidays.

Let's briefly dwell on each change and discuss what new they will bring to the organization of work with personnel.

1. Changes in part-time working hours

In article 93 of the Labor Code of the Russian Federation, there was still the possibility of establishing part-time working hours by agreement of the parties, but already with the possibility of dividing the working day into parts.

There was a concretization that part-time work can be established both without a time limit, and for any period agreed by the parties.

For employees (a pregnant woman, one of the parents (guardian, custodian) of a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member), the establishment of part-time work remained the responsibility of the employer, but at the same time, a condition appeared for what period this can be done - no more than for the period of the presence of circumstances that were the basis for the mandatory establishment of part-time working hours.

The conditions that the employer is obliged to take into account as the wishes of the employee, if he belongs to the above categories (working hours and rest, work duration, start and end times of work, time of work breaks) are specified.

2. Irregular working hours

Article 101 of the Labor Code of the Russian Federation has been supplemented with a new part, according to which the procedure for establishing irregular working hours for employees working part-time is specified.

An irregular working day, by agreement of the parties to the employment contract, may be established for an employee who works part-time, but with full-time work.

For example, if an employee has a 24-hour work week with three working days of 8 hours each, then you can set it. And if, with a working week of 25 hours, an employee is assigned a five-day working week, but with an incomplete day (5 hours), then the employer is not entitled to establish an irregular day.

3. The procedure for granting a break for rest and meals to employees who have a short working day

Article 108 of the Labor Code of the Russian Federation now provides for the possibility not to provide breaks for rest and meals to employees if the working time established by them does not exceed four hours a day.

4. Addition to the overtime payment procedure

Article 152 of the Labor Code of the Russian Federation was supplemented with a new part, according to which work on non-working days and / or holidays and weekends in excess of the working time norm, paid in an increased amount or compensated by the provision of another day of rest in the manner provided for in Article 153 of the Labor Code of the Russian Federation, should not be taken into account when determining the amount of overtime payable. Those. in the number of hours (120 per year), these hours are included, but not paid, since a guarantee was already provided for them earlier.

In practice, such questions are primarily faced by companies that have a summarized set. Arbitrage practice on this issue was very controversial - now this issue is in labor law concretized.

5. The procedure for payment for work on weekends and holidays

Article 153 of the Labor Code of the Russian Federation specifies that payment for work on the day off is made in proportion to the hours worked, that is, the employer pays for the hours that the employee actually worked on the day off. At the same time, in the Labor Code of the Russian Federation, this article now specifies a clear separation of the worker and non-worker, or holidaywhich takes place at 00 hours and until 24 hours.

Therefore, the accounting of hours falling on different calendar days will be carried out separately and will be paid taking into account the change in the status of the day.

For example, if an employee went to work on the night shift on a pre-holiday day, then his holiday starts at 24.00 and the payment for the entire time from 00.00 is doubled.

Similarly, this must be taken into account when employees travel on business trips, when working overtime, which may go beyond one calendar day, in other cases.

6. A technical addition has been made to part of Article 279 of the Labor Code of the Russian Federation

This amendment does not provide for any changes for the employer in the application of the article. With its help, they are brought into a standard unified procedure for describing norms in the Labor Code.

As for the date of its entry into force, we can say the following. Federal Law of June 14, 1994 N 5-FZ "On the Procedure for Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly" defines the procedure for the entry into force of regulatory legal acts. Based on the requirements of Article 4, the first publication of its full text in Parlamentskaya Gazeta, Rossiyskaya Gazeta, Collected Legislation is considered the official publication of a federal constitutional law, federal law, act of the chamber of the Federal Assembly Russian Federation"Or the first placement (publication) on the" Official Internet portal of legal information "(www.pravo.gov.ru). Federal constitutional laws, federal laws sent for official publication by the President of the Russian Federation.

Article 6 defines the requirement that federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly enter into force simultaneously throughout the territory of the Russian Federation after ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish another procedure for their entry into force. ...

The official publication of 125-FZ took place on June 18, 2017 at publication.pravo.gov.ru/.../president. Published in the Russian newspaper - June 21, 2017. The effective date of these changes is June 29, 2017.

Get rid of atavisms

100 Soviet normative acts were invalidated for 2016–2017. Since 2013, the Ministry of Labor of Russia has been uprooting outdated norms inherited from Soviet labor law, as well as duplicating norms, from the Labor Code, the press service of the department reported. At the same time, the code is supplemented with rational provisions from the Soviet labor law of 1930-1980.

The new amendments will not change much, believes Alexander Korkin, head of the Petersburg group of labor law practice at Pepeliaev Group. Employers still have many ways to manipulate employees' working time, Gerasimova is convinced. For example, in many universities and institutes, employees are transferred to part-time, and they have to work the same way as before, often in the evenings and weekends. A senior researcher at the Physics Institute of the Russian Academy of Sciences told Vedomosti that the mass transfer to part-time work began at their institute, which employs 800 people, in April. They say that the management suggested that several hundred research workers switch to a 16- or 20-hour work week with a salary of 40 or 50% of the previous salary and with a bonus for fulfilling KPIs. The employee herself supplementary agreement I did not sign to the employment contract on the reduction of working hours and the corresponding reduction in wages. But the majority did not want to quarrel with their superiors and signed the document. All those who agreed were promised additional payments by decision of the management, but many of these payments were never received. This way of optimizing salaries is a mockery of people, Gerasimova believes. Representatives Federal agency scientific organizations (FANO), which is subordinate to the institutes of the Russian Academy of Sciences, confirmed to Vedomosti that in several scientific institutions, the leadership, on its own initiative, suggested that researchers massively switch to part-time work. The agency did not give orders to transfer staff to part-time. It only recommended that institutions lead average headcount employees in accordance with the actual use of working time. According to FANO representatives, the agency analyzed how researchers use their working time and found out that they spend it on work for third-party customers or on personal grants. FANO together with the trade union of the Russian Academy of Sciences held explanatory meetings for heads of institutes.

A lot of controversy arose over the irregular working day: for example, it is not clear whether it is possible to transfer to it those who work on a flexible schedule, says Gerasimova. Employers believe it can. And in fact, the incomplete day set on paper turned into a full one and the employer saved on salaries, Gerasimova says. The amendments made it clear: a part-time employee can be transferred to an irregular schedule only if the number of working days per week is reduced, and not hours per working day and only by agreement of the parties (Article 101 of the Labor Code).

Production requires

Amendments to Art. 93 ("Part-time work") are useful in that they allow you to flexibly combine part-time and part-time work, there was no such norm in the Labor Code before, says Nikolaenko. An employee can now be transferred to part-time or weekly work, including splitting the working day into any parts, the lawyer explains. At the same time, Art. 93 TC is supplemented with a new part. There, as before, it is said that the employer is obliged to establish a shortened week or day for the period requested by the beneficiary employee (they are considered pregnant women, parents of a child under 14 years old, single mothers, etc.). But a new clause has also appeared: that, if necessary, the employer has the right to take into account "the conditions of production of the given employer," and this may limit the rights of workers, says Nikolayenko. For example, employers will begin to refuse employees who require a convenient schedule, citing production needs. Let's say a young mother wants to work from 10 am, and the conditions of production require to go to work at 7 am. This applies to bank tellers, sellers, cashiers, employees public transport and many others, the lawyer notes.

There is a risk that employers will interpret the law too freely and force employees to agree to unprofitable working hours, she said.

Employer's perspective

In Art. 108 TC ("Breaks for rest and meals") employers are given an exemption: employees who work no more than four hours a day are allowed not to provide a lunch break, Nikolayenko notes. According to a representative of the Sibur petrochemical holding, the amendments may affect only part-time workers (when the shift does not exceed four hours). Now it will be possible to cancel their lunch break either by the rules internal regulations, or the clause of the employment contract. Sibur employs about 28,000 people and about 600 part-time employees.

Get out of the shadow

Economist Yevgeny Gontmakher says that the transition to flexible employment and hourly pay will allow employers to optimize the salary fund and the company will have incentives to come out of the shadow.

As Natalya Maleeva, HR Director of M.video network, said, changes in the shopping mall will not have a serious impact on the business processes of M.video and the payroll. The company sees the following advantages in innovations: now an employee can refuse a lunch break if the shift lasts four hours or less; it will be possible, by agreement between the employee and the employer, to establish both part-time and part-time work at the same time, including dividing the working day into parts. Now a working week has been set for store employees with weekends on a rolling schedule. And part-time work is established by agreement of the parties in individual cases for less than 1% of M.video employees, Maleeva said.

In salons cellular communication Many sellers of Euroset combine work and study, so the company welcomes flexible working hours, says Elena Korol, Director of the Human Resources Department. In her opinion, many are ready to work only part-time and it will be easier to formalize labor relations with such employees.

The amendments to the TC seem to be timely. The development of technologies will inevitably lead to a reduction in the duration of the working week - this forecast was recently given by First Deputy Prime Minister Igor Shuvalov. And this will affect both production and white collars with irregular schedules.