Length of time women work in rural areas. For women working in rural areas, working hours should be reduced by an hour. Reduced working hours
5/5 (2)Working hours in rural areas by law
Live in countryside significantly differs from the city, imposing additional responsibilities on women with regards to household... In this regard, according to the law, a decision was made on a shorter working day for women.
The legislative act that regulates the working hours for women in rural areas is the Decree of the Supreme Council of the Socialist Republic of 1990 No. 298 / 3-1, the purpose of which is to increase the birth rate in villages.
Attention! Regardless of the relative age the decision, it is backed by the law in our days. According to Article 423 of the Labor Code Russian Federation, the norms of the Russian Soviet Federative Socialist Republic are valid until new ones are adopted that are capable of controlling this issue.
The decree protects motherhood and childhood in rural areas. It reflects certain provisions and norms. For example, women of childbearing age cannot be involved in work that has a negative impact on the body.
The regulation also provides for work benefits. The decree affects only the female part of the population, it does not apply to men.
Attention is paid to women who are employed in a factory or enterprise located in the village. In this case, the actual place of residence of the employee does not matter.
For example, she lives in the city, but commutes to work in the countryside. In this case, the employer must arrange it for a 36-hour working day.
There is work in the village for everyone. Employees are assigned a shorter working day, regardless of which job function she is responsible for.
Working hours per week
Working hours for women working in the village have been reduced to 36 hours per week. In this case, the salary is paid as for a full day of work.
The shortened working day must be displayed in the employment contract in the field " work time". No need for additional statement to management.
The reduction in working hours applies to all female occupations. Female teachers in the village also work 36 hours, but receive a salary for 40 hours a week.
Watch the video.Shorter working hours for women:
Reduction order
A shortened day is only possible with full working hours. Part-time employment does not provide such opportunities. 36 hours are equally distributed depending on the work schedule and the number of working days per week.
If a woman works 5 days a week, then every day she needs to work 7 hours 10 minutes. Also, employees are entitled to an additional unpaid day off once a month.
Important! Reduced working hours for women working in the village must be followed by management. For ignoring this law, an administrative penalty is provided.
Time tracking
Accounting for labor time is carried out according to the timesheet by summing up the hours worked. If 37 hours have been worked in a week, then 1 hour is overwork and must be additionally paid.
The report card must be kept every month. The designated person in the organization is responsible for this. When filling out the timesheet, you should pay attention to the temporary rate of each month. In this case, the production calendar will come to the rescue.
Changeable mode
If a woman is employed in an organization where it is not possible to work on a reduced time, another rule comes into play. The employer, in accordance with the internal working order, has the right to enter a regime for calculating the processed time.
Those. a week of work for female employees in the village exceeding 36 hours will be considered overtime and must be additionally paid. The calculation can be carried out immediately for the whole quarter or monthly, taking into account the duration of the accounting time adopted by the management.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.
Payment features
Each labor activity of the fair sex, working in the village for more than 36 hours, should be paid in an increased amount.
Even if an employee works full-time and receives a salary that fully corresponds to the payment of a full-time working day, this is wrong from the point of view of the law, since female employees should already receive a salary for 40 hours, while working 36 hours a week.
As a result, in this situation, a woman works 4 hours a week, while not receiving additional payment for them.
What to do in case of violation
Please note! To get your money back for the processed time, you can resort to some effective methods:
- in peaceful way. It is worth talking with the management about non-compliance with the law, because it is possible that he was not fully familiarized with his duties, or the boss was not informed about your awareness of your rights;
- issuing an ultimatum. By informing the employer of your serious intentions to achieve legality, even if you have to bring the case to court, you can slightly intimidate the authorities with the trial, and they will pay the debt amount;
- administrative measures. Proceedings in court is a difficult process, and in order to carry it out correctly without losing one's own interests, it is worth studying the legal subtleties and nuances, which are discussed below.
First of all, the conditions of work and wages should be reflected in the employment contract, which is concluded even during employment. You must have a copy of this agreement with you.
Having studied the document in detail, you can figure out whether the reduced working day for female employees working in the village is considered a deliberately ignored fact on the part of the boss, or it is spelled out in the employment contract, although you can work full time without getting paid for it additional payment... This is considered very important point with serious intentions to receive honestly spent money.
Labor activity of women: rights, guarantees, benefits
Up to date as of November 2018
Modern life demands from a woman everything at once: to create a family, and not to sit idly at work, and to give birth / raise / educate a child, and to support comfort in the house, and to raise GDP! But women also have special privileges: they are released for retirement earlier, they are protected from the army, etc. About those benefits and advantages that are provided for working women - our memo.
We are both stokers and carpenters!
There are a number professional sphereswhere the fair sex is difficult to access.
Firstly this is underground work and work with harmful and (or) dangerous working conditions (part 1 of article 253 of the Labor Code of the Russian Federation * (1); see the complete list in the decree of the Government of the Russian Federation * (2)). For example, women will not be accepted either as stokers (at least some, see item 449 of the list), nor as carpenters (item 49), or sailors (item 397 of the list) or divers (item 440); will not be put behind the wheel of a rural truck (item 424 of the list); will not be allowed to put out fires (paragraph 431 of the list); will not be allowed into mines and for the construction of underground structures (item 2 of the list). However, these positions can also be obtained if for the worker at a specific workplace will be created safe conditions labor (and what will be confirmed by the results special assessment working conditions, see note 1 to the list). In addition, it is precisely for underground work that women are allowed - 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) - and those who are engaged underground only with sanitary or household services (part 1 of article 253 of the Labor Code of the Russian Federation).
Secondly, the weaker sex should not work on work related to lifting and manually moving weights that exceed the maximum permissible norms for women (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 dated 06.02.1993 N 105 * (3)). If weights just need to be lifted, but they do not need to be carried anywhere, then the ladies are allowed to "take the weight" of 15 kg (clause 32 of the Occupational Safety Rules * (4)).
What if a lady cannot work in a specific position, but she works, and an employment contract with her has long been concluded? In this case, the contract was concluded in violation of the established restrictions on practicing certain types of labor activity (paragraph 6, part 1 of article 84 of the Labor Code of the Russian Federation), and the violation excludes the possibility of continuing to 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 with a decrease in position or salary). If the employee does not refuse the offer, then she is transferred to this new job (you need to sign an additional agreement to the previous labor 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 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 of 28.01.2014 N 1 "On the Application of Legislation Regulating the Labor of Women, Persons with Family Responsibilities and Minors"). The employer is obliged to both offer a job and pay an allowance, because he himself is to blame for the conclusion of an 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 (in absolutely any job) do not work 40 hours a week, but only 36 hours. This abbreviated work week established by clause 1.3 of the Resolution of the Supreme Council of the RSFSR dated 01.11.1990 N 298/3-I * (5). 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, clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of January 28, 2014 N 1 "On the application of legislation regulating the work of women, persons with family responsibilities and minors "). In addition, these workers can 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, rural settlements include any settlements, except for cities, workers, resort and summer cottages (clause 4 of Section II of the Regulation on the procedure for resolving issues of the administrative-territorial structure of the RSFSR, approved by the Decree of the Presidium of the RSFSR Armed Forces dated 08.17.1982 "On the procedure for resolving issues of the administrative-territorial structure of the RSFSR ").
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Benefits for women working in the Far North and equivalent areas
Women who work in the Far North and equivalent areas (in absolutely any job) do not work 40 hours a week, but only 36 hours. In this case, 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 - of their choice.
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Mothers of girls and boys under the age of 18 can accompany their child-entrant entering an educational institution of 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 is located in a different area, but whether it will be public or private, whether the child enters full-time, evening or correspondence departments - it does not matter. To do this, the employer is submitted an application of an arbitrary form with a request for the provision of annual leave (or part of it, but not less than 14 calendar days) at the time specified in the application. If there are two applicants, then leave is granted once for each child.
Soon - mom!
With the onset of pregnancy legal status the worker changes as significantly as her figure: the 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 adhere to 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 Art. 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, weekends are provided according to the schedule, and work on Saturday and Sunday is not work on weekends (according to the schedule for a specific week), then just the opposite: She can work Saturday and Sunday, but it is forbidden to "take away" her weekends 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 asks for it herself.
4. Pregnant women cannot engage 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, part-time work 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 proportionally less than usual. Such a regime can be in absolutely any job (including "harmless" and "light") and does not depend on the state of health of the pregnant woman. The administration has no right to deny her such a request.
6. But if a change in workload is necessary to preserve the health of the expectant mother, then the administration is obliged to transfer her to another job (without unfavorable 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). At the same time, the average earnings from previous jobs are 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 worker herself. It is the conclusion that needs to be provided, just a certificate of pregnancy is not suitable here.
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What kind of activity to offer to such a pregnant employee, and what to do with it, is entirely the concern of the administration. From the moment of filing the application and the conclusion of the doctor until the moment new job the expectant mother is subject to release from work with the preservation of the average earnings for all the working days missed as a result (part 2 of article 254 of the Labor Code of the Russian Federation). It can be assumed that if there is no suitable job at the enterprise at all, then the employee will be released from work until the start of maternity leave, and all this time she will be paid average earnings (see the appeal ruling of the Krasnodar Regional Court of 03.03.2015 in case No. 33-3319 / 2015). Whether she needs to show up for work, or can she 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 of 13.07.2012 in case No. 2-2935 / 2012).
By the way! Pregnant women should not work with a computer for more than 3 hours per work shift, moreover, only if the computers meet the established hygiene 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) that is spent on compulsory clinical examination must be paid in the amount of average earnings (part 3 of article 254 Labor Code of the Russian Federation). The employee must only submit supporting documents - certificates, coupons from the antenatal clinic indicating the date and time of the doctor's visit, etc. (see, for example, the appeal ruling of the Chelyabinsk Regional Court of 11/21/2013 N 11-12190 / 2013). It is not required to issue an order on 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 of part 4 of article 70 of the Labor Code of the Russian Federation). What if an employee gets pregnant during the trial 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 of the probationary period is spelled out 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, the employment contract cannot be terminated with a pregnant woman, even if she “failed” the test (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 28.01.2014 N 1 “On the application of legislation regulating the work of women, persons with family responsibilities and minors ").
9. A lady in a position under no circumstances cannot be recalled from vacation (part 3 of p. 125 of the Labor Code of the Russian Federation). In addition, leave should be provided 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 - an individual entrepreneur ceases to operate), or a branch (representative office) of the employer located in another area is closed ( Part 4 of Art.81 of the Labor Code of the Russian Federation, clause 24 of the Plenum of the Supreme Court No. 1 of 01.28.2014). In all other situations, including when staff or headcount downsizing, the dismissal of a pregnant woman at the initiative of the employer is unacceptable.
However, a pregnant woman can resign 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 Art. 83 of the Labor Code of the Russian Federation, for example, in the case 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 the pregnancy, and if she is granted maternity leave, until the end of this vacation (Part 2 of Art. 261 of the Labor Code of the Russian Federation). The employer has no right to refuse her this. A more difficult 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 term of the employment contract with the "temporary" worker will expire. In this case, the employment contract may be terminated, but only if it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of pregnancy (both a vacant position or a job corresponding to the woman's qualifications, and a vacant lower position or lower-paid job), which a woman can perform according to her health condition. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities, if provided collective agreement, agreements, labor contract (part 3 of article 261 of the Labor Code of the Russian Federation).
11. And the most important thing is paid maternity leave, which is provided on the basis of 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 certificate of incapacity for work). But you can go on maternity leave later. At the same time, the future mom'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 allowance 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 incapacity for work specified in sick leave (letter of the FSS of Russia of 08.10.2004 N 02-10 / 11-6671, decision of the Armed Forces of the Russian Federation of 14.11.2012 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 with 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 devote herself entirely to family concerns until the child reaches the age of 3 years: all this time the worker will retain her "prenatal" position (parts 1 and 4 of Art. 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 advantages 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 actually caring 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:
May be on vacation at the same time (receiving child care benefits) and work from home either at the enterprise, but (part 3 of article 256 of article 93
If it is difficult for them to fulfill their "prenatal" work duties (for reasons of schedule, nature of the workload, etc.), they can transfer 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.
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Have, in addition to the usual lunch break, additional breaks for feeding the baby - at least every three hours, each lasting at least 30 minutes (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 added to the lunch break or transferred both to the beginning and to the end of the working day with a corresponding reduction (for this you need to write a statement). Breaks are provided regardless of whether the baby is breastfeeding or otherwise, and in general whether the baby is breastfeeding.
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h. 2 tbsp. 259, part 5 of Art. 99, part 7 of Art. 113 of the Labor Code of the Russian Federation);
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They cannot be installed probation when hiring (paragraph 3, part 4, article 70 of the Labor Code of the Russian Federation);
art. 298 of the Labor Code of the Russian Federation);
h. 4 art. 261
Mothers of babies from one and a half to three years:
May be simultaneously on parental leave (up to three years old) and work from home either at the enterprise, but part-time (part 3 of article 256 of the Labor Code of the Russian Federation): you need to work less than the usually established time (for example, not 8, but 5 hours a day, or not 5 days a week, but 4), but the salary will also 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 travel on business trips, they can only by their own written consent, and even on the condition that they were previously informed against signature with the right to refuse such work or business trip (part Article 259, part 5, Article 96, part 5, Article 99, part 7, Article 113, part 7);
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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 (gross or repeated violation job responsibilitiesloss of trust, etc., including immoral misconduct or the use of unlawful methods of education (for employees of the pedagogical sphere), as well as the liquidation of an organization).
Mothers of babies from three to five years old:
If they are raising a child without the help of a spouse, then they can be involved in work at night (from 22.00 to 6.00) only with their written consent and provided that they were previously informed against signature with the right to refuse night work (part 5 of article 96, part 3 of article 259 of the Labor Code of the Russian Federation);
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If they are raising a child without the help of a spouse, then employ them to work overtime, on weekends and holidays and also send on business tripsit is allowed only with their written consent and provided that they were previously informed against signature with the right to refuse a business trip, from overtime work, from work on weekends and holidays (part 3 of article 259 of the Labor Code of the Russian Federation);
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By the way! Single dads also have similar guarantees (part 5 of article 96, part 3 of article 259 of the Labor Code of the Russian Federation);
h. 4 art. 261 h. 4 art. 261 of the Labor Code of the Russian Federation);
part-timeart. 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 at will on 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 also 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 trust, etc. ., including 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 many children under 12 years old:
Can take annual paid leave at will at a convenient time for them (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 given to parents who have three - or more - children at once, and none of them has reached the age of 12. If the eldest is already 12, and the two younger 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:
(they fully enjoy, of course, 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 fire them only in cases limited by law (gross or repeated violation of labor duties loss of trust, etc., including immoral misconduct or the use of unlawful methods of education (for employees of the pedagogical sphere), as well as the liquidation of an 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 on vacation at a convenient time for yourself (Article 262.1 of the Labor Code of the Russian Federation). Preemptive right only one parent of a disabled child has to choose a suitable vacation time for himself: either mom or dad - of their choice;
They can work at will part-time: 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 also 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 travel on business trips, they can only by their own written consent, and even on the condition that they were previously informed against signature with the right to refuse such work or business trip (part . 5 article 96, part 3 article 259 of the Labor Code of the Russian Federation).
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Forms of documents Employee's consent to be sent on a business trip * (5) Resolution of the Supreme Council of the RSFSR of 01.11.1990 N 298/3-I - Resolution of the Supreme Council of the RSFSR of 01.11.1990 N 298/3-I "On urgent measures to improve the situation of women, families, protection of mothers and children 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 pending bringing the regulatory legal acts in force on the territory of the Russian Federation in accordance with Labor Code RF normative legal acts of the former USSR are applied insofar as they do not contradict the Labor Code of the RF. Specifically, this regulation of the RSFSR Supreme Council has already tried to challenge in the Constitutional Court of the Russian Federation, which refused to accept the complaint for consideration, while admitting that compliance with the requirements of paragraph 1.3 of this resolution does not lead to a violation of the constitutional rights of the employer (definition of 03.02.2010 N 149- O-O). The Supreme Court of the Russian Federation also refers to it as valid (clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 01.28.2014 N 1 "On the application of legislation regulating the work 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 of women" (approved by the decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of 28.10.1996 N 32) * (7) SanPiN 2.2.2 / 2.4.1340-03 "2.2.2. Occupational health, technological processes, raw materials, materials, equipment, working tools. 2.4. Hygiene of children and adolescents. Hygienic requirements for personal electronic computers and work organization. Sanitary and Epidemiological Rules and Standards ", approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation of 03.06.2003 N 118 * (8) Order of the Ministry of Labor 1055n - Order of the Ministry of Labor and Social Protection of the Russian Federation of December 19, 2014 N 1055n "On approval of the application form for providing one of the parents (guardian, trustee) additional paid days off for caring 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 children with disabilities, approved. Decree of the Government of the Russian Federation of 13.10.2014 N 1048 |
The organization employs a woman who lives in rural areas and receives an additional payment for work in rural areas. She was given 7.2 hours a day on the report card, while other employees with the same schedule worked 8 hours. For 0.8 hours she was paid extra for work in rural areas. At the same time, the duration of her working week did not exceed 36 hours. Now of this employee transferred to 0.5 rates. In the report card now she is tabulated 3.6 hours (7.2 hours / 2) and additional payment for work in rural areas is made for 0.4 hours. M. b. it needs to be tabulated for 4 hours and not to make additional payments for work in rural areas, because does it work at 0.5 stakes?
Women working in rural areas are entitled to work no more than 36 hours a week. At the same time, they need to be paid their salaries in full. For part-time work, the employee's weekly work hours should be calculated by dividing the maximum permitted weekly work hours for that employee category by the rate. So, if an employee in a rural area is supposed to reduce her working time to 36 hours a week, and she works at 0.5 rate, then the duration of her 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 Glavbuh System
Should the organization set shorter working hours for women working in rural areas?
Yes, it should.
Women working in rural areas are entitled to work no more than 36 hours per week. At the same time, they need to be paid their wages in full. * This conclusion follows from clause 1.3 of the resolution of the Supreme Soviet of the RSFSR of November 1, 1990 No. 298 / 3-1 and the Labor Code of the Russian Federation.
If the shortened working hours are not established, the work performed by them in excess of the established duration of working hours is payable as overtime (clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1).
In addition, for violation labor legislation, including the mode of work and rest of employees, the employer and his officials may be brought to administrative responsibility ().
Is it necessary to reduce the working time of an employee working in harmful and dangerous working conditions, if he is hired part-time (for example, by 0.25 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 full-time. Therefore, an employee who works part-time during harmful conditions labor, to reduce the working day, in fact, is not necessary. However, the length of his work per week should be calculated by dividing the maximum permissible work time per week established for this category of staff by the established rate. For example, if the position requires a reduction in working time to 36 hours per week, and an employee is accepted 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,
"Remuneration: accounting and taxation", 2007, N 3
The use of women's labor in rural areas has certain characteristics. One of them is preservation wages with a shorter working week.
This article examines the calculation of additional payments to women for work in rural areas with time-based and piecework wages.
For women working in rural areas, a collective or labor agreement establishes a 36-hour working week, unless a shorter working week is provided for by federal laws. At the same time, wages are paid in the same amount as for a full working week (Articles 92, 423 of the Labor Code of the Russian Federation, clause 1.3 of the Resolution of the Supreme Council of the RSFSR dated 01.11.1990 N 298 / 3-1 "On urgent measures to improve the situation women, family, protection of motherhood and childhood in the countryside ").
Clause 3 of the Resolution of 25.01.1991 N 522/1 "On the procedure for the application of the Resolution of the Supreme Soviet of the RSFSR of November 1, 1990 N 298 / 3-1" On urgent measures to improve the situation of women, families, protection of motherhood and childhood in the countryside "states : in accordance with clause 1.3 of the Resolution, establish the procedure for maintaining wages with a reduced working week.
In the case of women’s time wages, wages for a 36-hour working week, as well as additional payments for reduced working hours, are calculated in accordance with tariff rates or official salariesprovided for this job (position) with normal working hours, taking into account the established permanent allowances, surcharges and bonuses that are not of a one-time nature.
In the case of piecework wages for women, wages for a 36-hour working week are calculated based on the current piece rates and the specified additional payments, bonuses with an additional payment for reduced working hours, based on the actual hourly average earnings of the last two calendar months. Piecework wages can also be calculated at piecework rates calculated at tariff rates, output (production) rates, revised taking into account reduced working hours.
This standard is established for women working in rural areas (including those who work in agricultural production, industrial workshops and enterprises located in rural areas).
The fact of work in rural areas must be documented (in an employment contract, order of appointment, etc.).
Supplement for work in rural areas
This calculation assumes monthly determination of the number of hours to be paid. First, let's determine the number of weeks in a month. To do this, we divide the number of hours per month with a 36-hour work week (in accordance with the production calendar) by 36 hours (36-hour work week). The result is multiplied by 4 hours. This indicator is defined as the difference between the normal length of the working week and the length of the week established for women working in rural areas (40 - 36). The resulting number of hours is payable to women for work in rural areas.
Further calculation will depend on what form of remuneration is used by the organization.
... With piecework pay
The surcharge can be made in several ways. The first is that the average hourly earnings are calculated on the basis of the wages actually accrued to the employee and the hours actually worked by him for the two previous calendar months. In this case, a calendar month is considered the period from the 1st to the 30th (31st) day of the corresponding month, inclusive (in February - to the 28th (29th) day inclusive).
To calculate the average earnings, all payments provided for by the remuneration system used in the organization are taken into account.
The average hourly earnings are multiplied by the number of hours determined in the first paragraph of the calculation.
Example 1... The employee for November, December 2006 was paid a salary in the amount of 10,000 rubles. During this period, she worked 301.4 hours (including: 150.2 hours in November, 151.2 hours in December). In accordance with the production calendar, the time norm for a 36-hour week is 122.4 hours. Let's determine the additional payment for work in rural areas in January 2007.
We will calculate the surcharge for piecework wages. First, let us determine the average hourly cost of an hour for a worker - 33.17 rubles. (10,000 rubles / 301.4 h). Secondly, the number of hours of additional payment for work in rural areas is 13.6 hours (122.4 hours / 36 hours x 4 hours).
Consequently, in January the surcharge will be 451.11 rubles. (33.17 rubles x 13.6 h).
The second option - the piece rate is calculated according to tariff rates, taking into account the reduced working time. According to the author of the article, the tariff rate for calculating the piece rate must be increased by a factor equal to 1.1 (40 h / 36 h).
Please note: the selected option of additional payment for piecework payment must be reflected in the local document of the enterprise (order, regulation on remuneration, etc.).
... With time-based payments
The calculation is made by multiplying the tariff rate, taking into account constant surcharges, surcharges and premiums (established by the provisions in force at the enterprise) by the calculated number of hours.
Example 2... In January 2007, the employee worked 145.4 hours, of which:
- in accordance with the production calendar - 122.4 hours;
- overtime work - 7 hours;
- on weekends - 16 hours
Salary in accordance with the approved staffing table is 3000 rubles. The payment for work on the day off is provided for double.
To determine the additional payment for work in rural areas, it is necessary to carry out preliminary calculations:
- to determine the tariff rate in January - 24.50 rubles. (3000 rubles / 122.4 h);
- set the number of hours of additional payment for work in rural areas - 13.6 hours (122.4 hours / 36 hours x 4 hours).
Consequently, the additional payment for work in rural areas will amount to 333.2 rubles. (24.50 rubles x 13.6 hours).
Payment for work on a day off - 392 rubles. (24.5 rubles x 16 hours).
Please note: according to Art. 153 of the Labor Code of the Russian Federation, work on a weekend or a non-working holiday is paid at least double.
At the request of an employee who worked on a weekend or a public holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and the day of rest is not payable.
In accordance with Art. 99 of the Labor Code of the Russian Federation, overtime work is work performed by an employee at the initiative of the employer outside the established working hours for the employee: daily work (shifts), and with the summarized accounting of working hours - in excess of the normal number of working hours for the accounting period.
Overtime work is paid for the first two hours of work not less than one and a half times, for the next hours - not less than twice. The specific amount of remuneration for overtime work may be determined by a collective agreement, local regulation or an employment contract.
Overtime pay will be paid as follows:
Consequently, the payment for overtime work will be 269.50 rubles. (24.5 rubles x (7 + 4) h).
Please note: at the request of the employee, overtime work instead of increased pay can be compensated for by providing additional rest time, but not less than the time worked overtime (Article 152 of the Labor Code of the Russian Federation).
For your information: women working in rural areas are entitled to one additional day off per month without pay, which is provided upon her application (clause 1.2 of the Resolution).
Administrative liability for violation of labor legislation
If the employer does not comply with the established standards, you can contact labor inspection or court. A guilty official can be fined from 500 to 5000 rubles, and an organization - from 30,000 to 50,000 rubles. (clause 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Violation of the legislation on labor and labor protection by a person previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years (clause 2 of article 5.27 of the Administrative Code of the Russian Federation).
Accounting
The costs of ordinary activities are the costs associated with the manufacture of products. Such expenses are also considered expenses, the implementation of which is associated with the performance of work, the provision of services (clauses 5, 7, 9 of the Accounting Regulations "Organization Expenses" PBU 10/99, approved by Order of the Ministry of Finance of Russia dated 06.05.1999 N 33n).
To summarize information about settlements with employees of the organization for remuneration (for all types of remuneration, bonuses, benefits and other payments) by the Chart of Accounts accounting financial and economic activities of organizations and the Instructions for its application, approved by the Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n, account 70 "Payments with personnel for wages" is intended.
The additional payment to a woman for work in rural areas is reflected in accounting on the debit of accounts 20 "Main production", 25 "General production costs", 26 "General business expenses", 44 "Sales costs" in correspondence with the credit of account 70.
For the amount of the additional payment, the organization charges the UST (clause 1 of Art. 236 of the Tax Code of the Russian Federation), insurance contributions for compulsory pension insurance (clause 2 of Art. 10 of the Federal Law of December 15, 2001 N 167-FZ "On Compulsory Pension Insurance in the Russian Federation") , insurance contributions for compulsory social insurance against accidents at work and occupational diseases (clause 3 of the Rules for calculating, accounting and spending funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases, approved by the Government of the Russian Federation of 03/02/2000 N 184).
The employee's income in the form of wages, taking into account the additional payment, is included in the tax base for personal income tax (clause 1 of article 210 of the Tax Code of the Russian Federation).
The organization (tax agent), from which the taxpayer received income, is obliged to calculate, withhold and pay to the budget the amount of personal income tax (clause 1 of article 226 of the Tax Code of the Russian Federation). Personal income tax is calculated from wages at a tax rate of 13% (Article 224 of the Tax Code of the Russian Federation).
The organization withholds the accrued amount of personal income tax directly from the income of the taxpayer at the expense of any moneypaid by the organization to the taxpayer, if actual payment (Clause 4 of Article 226 of the Tax Code of the Russian Federation). The withheld amount of personal income tax is reflected in accounting in accordance with the Instructions for the application of the Chart of Accounts for the debit of account 70 in correspondence with the credit of account 68 "Calculations of taxes and fees".
Consider the reflection on the accounts of the accounting of the amount of the surcharge using an example.
Example 3... To compile the correspondence of the accounts, we will use the data of example 1.
| Contents of operation | Debit | Credit | Amount, rub. |
| Supplement for women for work in rural areas terrain | 20, 25, 26, 44 | 70 | 451,11 |
| Unified social tax accrued for the amount of vacation (US $ 6.11 x 26%) | 44 | 69/1-1, 69/2-1, 69/3-1, 69/3-2 | 117,28 |
| The amount of UST in the part to be paid in federal budget, decreased by the amount insurance contributions for compulsory pension insurance (US $ 6.11 x 14%) | 69-2-1 | 69/2-2, 69/2-3 | 63,15 |
| Contribution for compulsory social accident insurance for production and occupational diseases (RUB 451.11 x 0.2%)<*> | 44 | 69/1-2 | 0,90 |
| Personal income tax withheld from additional payments for work in rural areas terrain (US $ 6.60 x 13%)<**> | 70 | 68 | 59 |
| Payment made to the employee ((451.11 - 59) rub.) | 70 | 50 | 392,11 |
<1> Article 1 of the Federal Law of 19.12.2006 N 235-FZ "On insurance rates for compulsory social insurance against industrial accidents and occupational diseases for 2007" established that in 2007 insurance premiums for compulsory social insurance against industrial accidents and occupational diseases are paid by the insured in the manner and at the rates established Federal law N 179-FZ.
<**> When calculating personal income tax, standard tax deductions made in accordance with Art. 218 of the Tax Code of the Russian Federation.
In the example, the following sub-accounts of the second order are used for balance sheet account 69:
69 / 1-1 "UST in the part credited to the Social Insurance Fund of the Russian Federation (FSS RF)";
69/1-2 "Insurance premiums for compulsory social insurance against industrial accidents and occupational diseases ";
69 / 2-1 "UST in the part credited to the federal budget";
69 / 2-2 "Insurance contributions for compulsory pension insurance to finance the insurance part of the labor pension";
69 / 2-3 "Insurance contributions for compulsory pension insurance to finance the funded part of the labor pension";
69 / 3-1 "UST in the part credited to the Federal Fund of Compulsory Medical Insurance (FFOMS)";
69 / 3-2 "UST in the part credited to the territorial fund of compulsory health insurance (TFOMI)".
Tax accounting
In accordance with paragraph 25 of Art. 255 of the Tax Code of the Russian Federation, labor costs include expenses incurred in favor of the employee and provided for by the labor and (or) collective agreement.
Thus, the costs associated with additional payments to women for work in rural areas are related to labor costs and are taken into account when determining the tax base for income tax.
I.E. Ivanova
Journal Expert
"Salary:
accounting
and taxation "
For women who work in rural areas, working hours should be reduced by an hour 09.02.2018
Many employers in rural areas do not even know the rule to reduce the working time of women in rural areas by an hour, or they think that it is outdated, contradicts the new Labor Code of the Russian Federation and is not applied. Meanwhile, state labor inspectorates regularly check its implementation and fine violators, and the courts support them and consider the rule to be still valid and not contradicting the Labor Code of the Russian Federation.
Today we want to remind about this to those employers who operate in the rural area.
According to the Decree of the Supreme Soviet of the RSFSR of 01.11.1990 N 298 / 3-1 "On urgent measures to improve the status of women, families, protection of motherhood and childhood in rural areas," women working in rural areas are assigned a reduced working time - 36-hour working week.
Recall that the Resolution speaks about all women working in rural areas, and not only about milkmaids, pigsties and other shock women. Therefore, we believe it applies to both accountants and secretaries working in the countryside. Let us also recall that with a reduction in working time, wages should not decrease, as when establishing part-time working hours.
The decision of the Tambov Regional Court dated January 31, 2018 in case No. 7-40 / 2018:
LLC "***" was fined 56,000 rubles based on the results of the inspection by the State Labor Inspectorate. for violation of the norms of the Resolution of the RSFSR Supreme Council of 01.11.1990 N 298 / 3-1 on the 36-hour working week, he was also obliged to make huge payments for overtime work.
LLC "***" was located in a rural area. The employment contract with the employee established a 40-hour working week. In fact, she also worked 40 hours a week. According to the GIT, the employee was supposed to work 36 hours a week, no more. The rest of her working hours are overtime.
The employer tried to appeal the fine in court.
Position of the court:
"... in accordance with the Resolution of the Supreme Council of the RSFSR No. 298 / 3-1" On urgent measures to improve the status of women, families, protection of motherhood and childhood in rural areas "dated November 1, 1990 and with the Law of the Tambov region dated June 21, 1996 No. 72-3 "On the administrative-territorial structure of the Tambov region" (adopted by the Resolution of the Tambov Regional Duma of June 21, 1996 N 474) for women working in rural areas, a reduced working time is established (36 hours per week) ...
The author of the complaint points out that in the preamble of the Resolution it is stated that “the Supreme Soviet of the RSFSR, attaching great importance to solving problems of the family, protection of mothers and children, given the special crisis demographic situation in rural areas, and in pursuance of the decisions of the I Congress of People's Deputies of the RSFSR as the first stage a comprehensive program for the protection of mothers and children in the Republic decides. " The purpose of the Resolution is to create favorable conditions and support the demographic situation in rural areas. D. has nothing to do with the countryside, since he lives in the city of Kotovsk, ... Tambov region. LLC "***" is a socially oriented company that respects the rights of employees. All employees are delivered to their workplaces by official transport from their place of residence.
Women working and living in rural areas enjoy this norm and carry out work in accordance with the current Ordinance. If the Decree is extended to women living in the city, and working in rural areas, women living and working in rural areas are placed in unequal conditions, since a woman living in a city cannot in any way implement the Decree of the RSFSR Supreme Council of 01.11. No. 298 / 3-1.
In addition, the author of the complaint motivates that the reduced duration of working hours compared to normal is established by the legislator in order to protect the labor of workers who, due to their age, health status or employment in unfavorable working conditions, need increased social protection. In other words, the establishment of reduced working hours for certain categories of workers, determined by the legislator on the basis of objective criteria, acts as a guarantee of ensuring their rights to fair working conditions and rest, which does not imply restriction of other labor rights of the employee.
Thus, he considers that the State Labor Inspectorate in the Tambov region has given an inadequate assessment of the evidence in the case, which does not correspond to the factual circumstances of the case and the evidence available in the case.
... Having checked the case materials, having heard the representative of the State Labor Inspectorate in the Tambov Region ***, who considered the complaint not subject to satisfaction, having studied the arguments of the complaint, I find no grounds for canceling the judge's decision ...
As a result of an inspection of compliance with labor legislation in respect of this employee revealed the following. The employment contract of D., who works in rural areas, indicates the place of work: Tambov region, Tambov district, Borshchevka village, *** while the working time regime is set - normal working hours - 40 hours per week. In accordance with clause 1.3 of the Resolution of the Supreme Soviet of the RSFSR from 1.11.1990. No. 298 / 3-1 "On urgent measures to improve the status of women, families, protection of mothers and children in rural areas" for women working in rural areas, a shortened 36-hour working week has been established. In this connection, the labor inspector came to the conclusion that the labor relations between LLC "***" and D. were not properly formalized.
Consequently, when considering the complaint of LLC "***", the judge of the district court reasonably concluded that there was an administrative offense in the company's actions, provided for in Part 4 of Article 5.27 of the Administrative Code of the Russian Federation.
According to part 1 of article 4.5 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations for bringing to administrative responsibility for committing an administrative offense under Part 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation is one year.
Clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 24, 2005 No. 5 "On some issues arising in the courts when applying the RF Code of Administrative Offenses" explains the following. The limitation period for bringing to responsibility is calculated according to general rules calculation of terms - from the day following the day of committing an administrative offense (after the day the offense was discovered). In the event of an administrative offense, expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the performance of the corresponding obligation.
According to part 2 of article 4.5 of the Code of Administrative Offenses of the Russian Federation with a continuing administrative offense the terms provided for in the first part of this article begin to be calculated from the date of the discovery of the administrative offense. When applying this rule, judges must proceed from the fact that an administrative offense (action or inaction) is a lasting one, which is expressed in a long-term continuous failure to comply or improper performance statutory obligations. At the same time, it should be borne in mind that such duties may be assigned to other regulatory legal act, as well as a legal act of a non-normative nature, for example, a representation of the prosecutor, an order of the body (official) exercising state supervision (control). Failure to fulfill the obligation provided for by the aforementioned legal acts by the established deadline indicates that the administrative offense is not continuing. It should be borne in mind that the day of detection of a continuing administrative offense is the day when the official authorized to draw up a protocol on the administrative offense revealed the fact of its commission.
The limitation period for bringing to administrative responsibility for an offense in respect of which the obligation stipulated by the legal act has not been fulfilled by a certain period begins to run from the moment of the onset of the specified period.
Since starting from the day of the conclusion of the employment contract (20.11.2015) and throughout the entire period of availability labor relations with considering additional agreements to the employment contract (02/20/2016 and 04/11/2017) the above violation of the labor rights of employee D. is expressed in a long-term incessant non-fulfillment or improper fulfillment by the company of the obligations provided for by law, such an administrative offense (action or inaction) is continuing.
As follows from the materials of the case and established by the judge of the district court, the date of this violation was revealed is the date of the unscheduled, documentary inspection - August 02, 2017.
To the stated situation, the provisions of Part 2 of Art. 4.5 of the Administrative Offenses Code of the Russian Federation, which determine the procedure for calculating the statute of limitations for bringing to administrative responsibility for a continuing administrative offense, shall be applied.
The arguments of the complaint of LLC "***" about missing the deadline for bringing to administrative responsibility are untenable and are refuted by the above legal provisions. Consequently, the decision to bring the company to administrative responsibility of August 11, 2017 was issued within the time limits established by the provisions of Article 4.5 of the Administrative Code of the Russian Federation. Judgments of the complainant to the contrary are based on an incorrect interpretation of the norms of the Code of Administrative Offenses of the Russian Federation.
Also, it is impossible to recognize the correct reference in the complaint about violation of the time limit for going to court established by the Labor Code of the Russian Federation, since the terms for bringing to administrative responsibility are regulated by the norms of the Code of the Russian Federation on Administrative Offenses.
Other arguments of the complaint do not contain legal arguments that cast doubt on the legality and validity of the judge's decision, and are not grounds for canceling it and satisfying the complaint.
Thus, considering the case of an administrative offense against LLC "***", the judge correctly identified the legally significant circumstances in the case, gave the correct legal assessment of the committed offense, and reasonably came to the conclusion about the legality and validity of the decision in the case of an administrative offense issued official GIT for the Tambov region ... "
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