Procedure for calculating standard working times within specific calendar periods.
Legal Update No. 83.
Goltsblat BLP advises that Order No. 588n of the Ministry of Health and Social Development of the Russian Federation “On Approving the Procedure for Calculating Standard (Monthly, Quarterly and Annual) Working Times Depending on the Number of Working Hours per Week (the “Procedure”) was adopted on 13 August 2009 and came into effect on 18 October 2009.
Pursuant to article 91 of the Labour Code of the Russian Federation the Procedure summarises and systematises the provisions stipulated in a number of clarifications provided by the Ministry of Labour of the Russian Federation on the calculation of standard working times and on certain aspects arising in connection with transferring days-off coinciding with public holidays.
The Procedure confirms that standard working times within specific calendar periods are to be calculated on the basis of the five-day week working schedule with Saturday and Sunday being two days-off depending on the number of daily working hours (daily shift), i.e.:
8 hours per day on the basis of a forty-hour working week; and
if the number of working hours per week is less than 40, the number of daily working hours shall be calculated by dividing an established duration of the working week by 5 days.
In the event that the government of the Russian Federation adopts a decision to transfer a weekend day to a working day, the number of hours to be worked on that day (previously considered as a day-off) shall equal that in the day to which the said weekend day has been transferred.
The standard working time thus calculated shall be applied to all types of work and rest schedules.
Accordingly, the Procedure stipulates a formula for calculating a standard working time in a specific month, i.e. the duration of a working week (40, 39, 36, 30, 24 hours, etc.) is divided by 5 and multiplied by the number of working days on the basis of the five-day working week calendar for a specific month. Then the resulting number of hours is reduced by the number of hours in said month by which the working time is to be reduced on days preceding public holidays. The same procedure applies to calculating standard annual working time totals.
As for transferring weekend days coinciding with public holidays, the Procedure reflects an important rule consisting in that no transfer of days-off is applied to Employers that cannot suspend their operations on holidays for process-related, technological or organisational reasons.
The Procedure also covers some other specifics for calculating standard working times.
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