What should be the norm of hours for a six-day work week? One day off with a six-day working week: norm of working hours and surcharges Weekends in May for 6 days

Answer to the question:

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

The normal working hours for both the five-day working week and the six-day working week may not exceed 40 hours per week. This limitation is established by Art. 91 of the Labor Code of the Russian Federation.

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

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

At the same time, Article 95 of the Labor Code of the Russian Federation for a six-day working week introduces an additional restriction, according to which, on the eve of days off, the duration of work under this regime cannot exceed five hours. This rule is not dependent on the duration of the last week in the month.

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

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

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

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

The specified Procedure and are guided in the preparation of the production calendar. As can be noted, this Procedure is designed for a five-day working week, and for a six-day week, the procedure for calculating the hourly rate is limited by the norms of the Labor Code of the Russian Federation on a 40-hour working week, the transfer of holidays and the reduction of pre-holiday days, a day off on Sunday and five hours of work on Saturday.

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

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

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

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

However, the production calendar, which establishes the norm of working hours for certain calendar periods within the corresponding calendar year, is mandatory for any mode of working hours. Therefore, the work schedule for a six-day working week must be drawn up in compliance with the monthly norm of working time, if the employee has not established a summary accounting with a longer accounting period.

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

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

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

Details in the materials of the System Personnel:

1. Regulatory framework: Labor Code of the Russian Federation

Article 91. The concept of working time. Normal working hours

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

Normal working hours may not exceed 40 hours per week.*

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

(Part three was introduced by Federal Law No. 157-FZ of July 22, 2008)

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

Article 95

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

In continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work.

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Article 100. Working hours

The working time regime should provide for the duration of the working week (five-day with two days off, six days with one day off, working week with the provision of days off on a rotating schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time work (shifts), start and end times of work, breaks in work, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.

Article 111. Holidays

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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

CALCULATION OF THE NORMS OF WORKING TIME FOR CERTAIN

CALENDAR TIME PERIODS (MONTH, QUARTER, YEAR)

DEPENDING ON THE SET DURATION

WORKING TIME PER WEEK

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

with a 40-hour work week - 8 hours;

if the duration of the working week is less than 40 hours - the number of hours obtained by dividing the established duration of the working week by five days.

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

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

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

The norm of working time calculated in this manner applies to all modes of work and rest.

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

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

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

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

With respect and wishes for comfortable work, Yulia Meskhia,

Expert Systems Personnel

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