Travel time: pay or not
Forum discussion
Colleagues, I need advice. Workers work according to a shift schedule. Delivery
to work (beginning at 6:30) and from work (20:30) is carried out by transport
enterprises. Travel time to the place of work 1.5 hours (i.e. leave at 5
morning). Is the employer obligated to pay travel time and for what
rate - how are the working hours? If delivery in the morning, how with a surcharge
for night mode (+40%)? In internal local acts, payment of time
not specified along the way. Thank you.
B They don't work on the road, do they? I think not, because it works at this time,
as far as I understand, only the driver who delivers your
workers to the place of work. When they were hired, they knew
that the place of work is so far away? Or do they have changing objects?
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В Travel time is paid only for those who have itinerant character
work. And since they don’t have a traveling pass, they don’t have to pay for the road
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D Travel time to work is not in this case working time.
Article 91 of the Labor Code of the Russian Federation gives a clear definition of what it includes. Time
there is no road sign. Vacation time paid by the employer
defined in the Labor Code of the Russian Federation. There is no commute to work.
Expert opinion:
Article 91 Labor Code RF, defining working hours as the time during which an employee, in accordance with the internal labor regulations and the terms of an employment contract, must perform labor obligations, includes in this concept other periods of time, which, in accordance with the legislation of the Russian Federation, relate to working time.
The legislation considers such periods to be downtime (part 3 of article 72.2 of the Labor Code of the Russian Federation), certain breaks (part 3 of article 108, articles 109, 258, 264 of the Labor Code of the Russian Federation) and some others, and among them there is no travel time or the time of delivery to work by the company's transport (except when the work is traveling/mobile or carried out on the way).
At the same time, the Labor Code of the Russian Federation does not contain a definition of these concepts, although according to Art. 57 of the Labor Code of the Russian Federation, the condition that determines the traveling, etc. nature of the work is a prerequisite for an employment contract with an employee.
It can be found in some departmental regulations, for example, in paragraph 2 of the still valid Regulations on the payment of allowances related to the mobile and traveling nature of work in construction, approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 06/01/1989 N 169 / 10-87: "The traveling nature of work is established for employees performing work at facilities located at a considerable distance from the location of the organization, which is associated with trips during off-hours from the location of the organization (collection point) to the place of work at the facility and back."
Also in accordance with the Federal Industry Agreement on Construction and Industry building materials RF for 2011 - 2013 (clause 3.13), the traveling nature of work provides that employees travel during non-working hours from the location of the employer (collection point) to the place of work at the facility and back. This sets different size allowances for the traveling nature of work - depending on the time of travel of employees during non-working hours.
Thus, travel to the place of work is included in working hours only for a category of workers strictly defined by law (whose work is traveling / mobile or carried out on the way); the time spent on this is compensated by a special allowance.
Article 168.1 of the Labor Code of the Russian Federation in part 2 provides that the list of works, professions, positions of such employees is established by a collective agreement, agreements, local regulations; in addition, the amount and procedure for reimbursement of these expenses may also be established employment contract. That is, the organization must independently decide on the assignment of work in a specific position and profession to work that has a traveling character. And consequently, and about the compensations connected with it.
As follows from the issue discussed at the forum, there is no such list in the organization and this deprives employees of the right to demand payment or other compensation for the time spent on the way to work.
Moscow is a huge metropolis with a complex transport system, densely surrounded by a ring of regional cities. According to various sources, from 30 to 70% of the inhabitants of the Moscow region go to work in the capital every day, spending precious hours of life on the road in buses, trains, minibuses and the metro. It is more difficult for residents of nearby regions, such as Kaluga or Tver, who work in Moscow, who spend even more time on the road. However, sometimes Muscovites themselves travel to work or study at the other end of the city, which takes a lot of energy. The Village got to know four people who spend hours on the road every day and talked to them about their schedules, chronic fatigue, and travel experiences.
Photo
Yasya Vogelhardt
Andrey Yakovlev
Daria Fedorova, 24 years old, partner manager
For three years she traveled from the city of Domodedovo to Moscow by train. Traveled by car for the last four years and spent at least four hours a day commuting
I usually go home very tired. I even had periods when I almost fell asleep at the wheel. One day it almost led to sad consequences
Every day I get into the car and go to work from the city of Domodedovo to Krylatskoye. The morning begins with the fact that I check the navigator - how to get there faster. I have several routes: either through the center, or through the airport, or along the Don federal highway. I get ready for a long time, about two hours, so I usually get up before six in order to be at work by ten. However, it is impossible to accurately calculate the time. On average, the journey takes two hours one way. Rarely is one and a half, but mostly two and a half.
Every day I'm late. Sometimes for five or ten minutes, sometimes for two hours. Thank God, in my office they don’t get fined for this, and the work is structured in such a way that no one will say a bad word to me. Everything suits me: the salary, the responsibilities, and the schedule itself, so I don’t plan to change my place yet. I am not moving to Moscow for two reasons. Firstly, I don’t want to spend the extra 45 thousand on rent, and secondly, it’s difficult to share living space with someone. I don’t have a friend to rent together, and renting alone is expensive and boring.
On the way, I have breakfast, if I don’t have time, I can put on makeup or do a manicure. The radio in my car is often on: in the morning I like to listen to Sergey Dorenko's programs, in the evenings I like to listen to music. I also study Spanish, so I often put on learning CDs or Spanish songs. But still, because of the long road, I sorely lack the strength and time to improve my level of the language. In the evening I finish work at 18:00, go to the parking lot for half an hour and do not get home before 21:00.
Until the fourth year, I went to Moscow by train. I got up at 04:40, got on the train two hours later. I live in a remote area of the city, so I need to walk 40 minutes to the station. It takes an hour, then another 40 minutes by metro and 15 minutes by minibus. The time is the same as by car. It makes no sense.
For three years I went like this and I don't want to go back to it. I have a complicated relationship with the subway and public transport. You could say that I don't get along with people. Every time I go down to the subway, I feel discomfort. For example, I recently entered the subway with a suitcase - I had to go to the airport, and at Kievskaya one woman pushed me so hard to take a seat faster that my suitcase simply flew off to the side. I went into the car next and told her: “It’s good that you got in.” After that, a tub of verbal mud poured out on me.
Sometimes I see really terrible scenes. Summer, Friday, evening, all the trains are packed, there is nowhere to stick extra people. There is a grandmother with a cart on the platform, she definitely needs to get inside. The man shoved her into the car with his feet with the words "Come on, granny, somehow tamp down." I had a shock. Until now, this picture is before my eyes.
The worst season for me is winter, especially when it snows. If the snowfall is all, you can safely sit at work all the way to wait out the traffic jams. Sometimes in this weather I can go more than three hours. My personal best is eight hours. I remember it was New Year's Eve, I left work at 15:00 and went to Domodedovo. The roads were so dense that I got there only at 23:00.
I usually go home very tired. I even had periods when I almost fell asleep at the wheel. One day, this almost led to sad consequences. After studying and working, I was literally knocked out, and then the traffic jam was barely moving. Suddenly, I accidentally drove into the car in front of me. Thank God, the speed was low. A girl got out of the car and said: “What kind of sheep are you?” I didn't even have the strength to answer. The dent turned out to be small, and both of us did not want to call the traffic police: “Oh, okay, to hell with it, let's go.” They got into their cars and drove off.
Of course, I don't like that I eat so much. It's not normal, but Moscow is too big. My route is difficult and long, and I simply have no other choice.
Albina Borisenko, 21 years old, student of Moscow State Pedagogical University
Lives in the city of Naro-Fominsk. For the fourth year he has been going to study and work in Moscow. The journey takes more than five hours a day
Because of long road I have to give up sleep
and from the evening parties
The road from my apartment in Naro-Fominsk to the university building in the Perovo district takes at least two and a half hours. I wake up at 04:30 to be in time for the first couple. I get up, I walk the dog, I cook breakfast, I clean myself up. I leave the house at 06:30. I live on the outskirts of the city, and I need another 15 minutes to get to the station by minibus. However, the streets in the city are narrow, and there have been a lot of cars in the last few years, so there are big traffic jams in the mornings. As a result, the trip by minibus can stretch for half an hour.
Then I go fifteen hours by train to the Kyiv railway station - sometimes less, sometimes more. Station turnstiles are always jammed with people. After I overcome it, I take the metro for another 30 minutes and walk 15 minutes to the educational building. After studying, I go to work at Savelovskaya, and this also takes a good hour of time. On an ideal day, I finish work at 6:00 pm, which is rare, and get home at about 8:30 pm.
I used to have a rule - do not sleep in trains. I thought that chaotic sleep had a bad effect on nervous system. If you sleep, then sleep in your bed for a long time. So I tried to keep myself busy. For example, in the spring I reviewed the entire cycle of Morgan Freeman's programs Through the Wormhole. I also read a lot while on the road. It was on the road that I read “Petersburg” by Andrei Bely, “Kamo are coming” by Henryk Senkevich and “The Artamonov Case” by Maxim Gorky, and these are all weighty books.
One day a man hit me on the subway. This happened when, in a crush, people got out of the car and the Brownian movement of passengers began. There was a man standing behind me. Suddenly, he decided that I was too close to him, and pushed me with all his foolishness. I turned around - he had such a detached face, as if he did not notice at all or he did not care. Then I turn around again, and he says indignantly: “You came so close, you don’t respect my personal space at all.” I was in shock and quickly huddled in another corner of the car.
Because of the long road, I have to give up sleep and evening parties. Friends say: "Let's party all night." This means that everyone will disperse by three in the morning. And my last train is at 00:36, and I won’t go anywhere. Besides on me the responsibility lies - a dog. I'd rather not sleep, but I'll walk her.
There are 24 hours in a day, of which the road eats up five of them. I have to sleep at least five more hours, and the rest of the time is work and study. I would like to spend more time with my family, spend more time at home. But it turns out that I come home, walk the dog and go to bed. Instead of sitting on the train all the time, I would rather go to visit my grandmother.
However, the train helped me find many friends. For example, with someone we studied at the same school or live on the same street, we know each other visually, but we never communicated. And we collide in the car and suddenly find common themes. Thanks to the road, I now communicate with former classmates more than when I was at school. And some people became a discovery for me. It is also very pleasant to meet old acquaintances on the train whom I have not seen for several years. I had not seen my friend for six years, and in October it so happened that I met him on the platform. Now we communicate a lot and make friends. If it weren't for those one and a half hours of communication, perhaps this friendship would not exist.
By the way, the most punctual guys at the university are the “castles”. And all those who are regularly late live in Moscow. It's easy to explain: when you live far away, you learn to appreciate every minute. The train will not wait for me, never, so I have everything scheduled literally by the minute. I have learned to live at the pace. And I don’t care about any stressful or emergency situation. I can gather at any moment, count my time, feel it.
Roman Agapov, 19 years old, MSLU student
Every day he travels from Sergiev Posad to Moscow. It takes about six hours a day to travel.
You have to sleep standing up. When you sleep four hours a day, or even less, then falling asleep on your feet is not a problem at all
Sergiev Posad is located 70 kilometers from Moscow. But I live outside the city, so I spend 30-40 minutes to get to the local station by minibus. I wake up five hours before class starts. In the morning, everything is scheduled for me: getting up at 04:15, taking a shower, exercising and warming up for the eyes. At this time, the body is still sleeping, so I can’t eat anything, except for a sandwich. However, on the way, the appetite wakes up, and on the first couple in the stomach it always rumbles.
In the morning, the trains are as crowded as possible, so you have to arrive at the station in advance in order to be able to get into the car. Many triangles of people line up on the platform. If you are in the center of such a triangle, you are simply brought inside. The chances of getting a seat are almost nil. Depending on the train, I go either fifteen or thirty hours. Then from 20 to 40 minutes by metro. Everything comes out together three hours.
I prefer to sleep on the train. And you have to sleep standing up. When you sleep four hours a day, or even less, then falling asleep on your feet is not a problem at all. I sleep on the train for 30 minutes, then on the subway I catch up with another seven important minutes. I remember once standing and constantly falling on some peasant. I fall asleep, by the way, always to the music. Both in the subway and at home. And for any. Under hard rock, for example, sleep well.
In the evening, by the way, you also need to arrive at the station in advance. If this is not done, you are guaranteed to ride standing up. At home, I can appear at 16:00 and at 22:00, this is unpredictable. On the way back you have to do homework the next day, because when you come home, the strength is gone. Sometimes I read books, watch series. Now I'm watching "Tyrant" on an oriental theme. I'm learning Arabic, so it's interesting for me.
To be honest, the train is nowhere worse, I would put one out of five. The most annoying thing is that the trains are unsuitable for the time of year: both in winter and in summer it is very hot. In winter, they heat it like in a bathhouse: you take off everything you can from yourself. Still annoying crowd. At the beginning of the car there are always grandmothers with huge bags and carts, and this happens in absolutely any car. I don't know how they negotiate, but there is always room for them. Be sure to sit some bum. It is not known where he is going. Probably just traveling. separate story- These are junk dealers and beggars.
Not so long ago, I lived in a Moscow apartment of a friend for eight months. It was perfect: I reached any building of the university in 20 minutes. Immediately there was time for meetings with friends and walks around the city. Funny thing: when I travel from Sergiev Posad, I am very rarely late, but in Moscow my discipline quickly disappeared. I began to wake up: I knew that I could delay time a little. Now I'm getting back from Posad and I don't see a single plus in this. Benefits are nil. I want to move to Moscow as soon as possible.
Roman Soldatov, 23 years old, MSLU student
For more than three years, every day I traveled from Serpukhov to Moscow to study. The journey took four to eight hours a day. I recently rented an apartment in Moscow
In the morning, when you go to Moscow, you don’t have the strength for anything. You hate the whole world. You hate yourself and what you do
I lived on the outskirts of Serpukhov and traveled to Moscow every day to study. First, I walked for about ten minutes to the stop, then for an hour and a half I went by bus or hitchhike to the Annino metro station, then by metro for about 30 minutes and on foot to the educational building for about ten more minutes. AT good days Door to door took about two, two and a half hours. But if there are big traffic jams, the road took about four hours one way. Bad days are Monday and Friday: on Friday it is almost impossible to leave Moscow, and on Monday, on the contrary, to enter. The traffic jam can stretch for 20-30 kilometers, and you have to stand for several hours. In spring and summer every day is bad. The season of summer residents begins, and at this time there are just exams, a session.
Usually couples start at 08:00, which means that I have to get up at 04:00 and sit on the bus at 05:00. Even if you go out five minutes later, you are guaranteed not to get to the first pair. It's only in theory that the bus runs every half an hour. In fact, it can be 20 minutes late. On Fridays, he is completely late by an hour and a half. I finish my studies at about 3pm. The buses go back from the Yuzhnaya metro station. I used to take the one that left at 4:15 pm and get home around seven o'clock.
In the morning, when you go to Moscow, you have no strength for anything. You hate the whole world. You hate yourself and what you do. I don't want TV shows, books, nothing. Therefore, the most beautiful thing in the morning is just to sleep on the bus. On the one hand, you seem to be sleeping, but on the other hand, you understand that you are wasting your time absolutely in vain. This is the main factor that prompted me to move.
On the way home, I usually did my homework. MSLU is very strict with this. The only thing you have in life is homework. If you don't, you will suffer. In order not to suffer, I had to not sleep. It takes a lot of motivation to keep going.
One day, not the most happened to me funny story I will remember her for a long time. I had an important exam in French. In the morning I left the house in advance, caught the car, we were driving. Here I see that the traffic flow is not moving at all: we got into a terrible traffic jam, and I'm starting to be late. Then I got out of the car and ran 15 kilometers with a briefcase. It was winter, I rushed through the mud and thought: "Lord, if only I would not be late, this is the last exam." In the end, all dirty and angry, I was late for 20 minutes, but I was very proud of myself. If I had stayed in the car, I would have arrived only three hours later.
Because of such a long road, I gave up all entertainment. There is no time to walk in Moscow, but you arrive in Serpukhov late - you won’t play football, you won’t go anywhere. Yes, and the strength was not enough.
The road, by the way, is not only long, but also expensive. There and back per day is 400 rubles, excluding the metro. For five weekdays, a round sum accumulates. In order not to burden myself and my parents, I had to refuse lunch, extra coffee and other things.
The only plus of this situation is new acquaintances on the road and discipline. Now it’s not a problem for me to wake up at 07:00, I get up automatically.
Now I spend a maximum of 50 minutes on the road and I think this is optimal. I can afford to read on the subway, as I get enough sleep. There was a huge amount of free time. I come home - and wow, it's still light. Plenty of time to write a term paper or do homework for the week ahead. And I have enough strength to just walk around Moscow.
The road is the main reason why I started renting an apartment in Moscow. Finally, I can study for my own pleasure, and not for harm. When you get up at 04:00 for more than three years in a row, it greatly affects your health. And bags under the eyes, like kangaroo bags, and the mood is bad, and I don’t want anything. But now I'm more than happy - I'm happy. I am ready to pay for expensive housing in Moscow. I really ate dear.
For example, clause 3.1.5 of the Federal Industry Agreement on the Coal Industry Russian Federation for 2010-2012, it was established that the time associated with work, in particular, includes the time of waiting for the descent into the mine, the time of travel to the place of work for open work and back. During the journey to work open works and vice versa, in accordance with paragraph 3 2.6 of the Federal industry agreement on the coal industry of the Russian Federation for 2010-2012, an additional payment may be established in collective agreements and agreements. In view of the foregoing, in order to make a decision on payment for travel time to work, the employer needs to determine whether they are not subject to specific situation special rules.
Work time
Let's make a reservation right away, this is not about a banal road from home to work and back, but about those people who work outside the office, for example from home, and who have to travel to calls, meetings or other professional matters. In general, the decision of the European Court concerns representatives of such professions as a sales agent, a gas fitter, a social worker and the like.
For Europe, according to experts, this decision can have far-reaching consequences, reports the BBC. But for Russia, this problem is not yet the most urgent, the experts of RG are convinced.
Let's start with Europe. According to experts, decision can change the level of wages for representatives of a number of professions.
Is travel time to work included in business hours?
Therefore, in order to decide on the payment of travel time to work, the employer needs to determine whether special rules apply to his particular situation. Answer to question 2. A disabled person of the 2nd group works as a cook in a cold shop.
Attention
A special assessment was carried out on working conditions and the recommendations clearly stated that persons with disabilities could not work in this position. What should I do? Thank you in advance!” The employer is obliged to provide the disabled person with acceptable working conditions that meet the requirements Sanitary regulations SP 2.2.9.2510-09, approved by the Decree of the Chief State Doctor of Russia dated May 18, 2009
No. 30, and an individual rehabilitation program.
Travel time to work may be included in working hours
For implementation this rule, the current legislation establishes a rule on the exclusion of jobs with harmful and (or) dangerous working conditions when calculating the number of jobs allocated for the employment of disabled people on account of the quota. In the event that a disabled employee who, according to a medical certificate issued in in due course, it is forbidden to work in harmful and (or) dangerous working conditions, according to the results of a special assessment, harmfulness is revealed, then the employee is subject to transfer to another job.
Or, in the absence of a suitable job or refusal to transfer, this employee must be fired (Article 73 of the Labor Code of the Russian Federation). Nevertheless, if a disabled employee is not prohibited from working under appropriate conditions by either a medical certificate or an individual rehabilitation program (or he refused it), then the employee may well continue to work at his previous workplace.
You won't rest on the way.
Lawyer Chris Tatton states that if travel time to and from work is taken into account, some people are working 10 hours a week longer than previously thought. This means that they are not paid extra money, and some people even receive less than the minimum wage.
»
Important
The fact that people are forced to go to the place of work directly from home is due to the fact that their employer decided to close the regional office, and not the desire of the employees themselves, ”the court says. It was adopted on the basis of the EU directive on working hours and is aimed at protecting the health and safety of employees.
The directive lays down rules, including those relating to the length of the working day, the number of breaks an employee is entitled to, and the length of his vacation.
Is the time spent on the road to the object considered working time?
I work in service department fitter-electrician. I have at my disposal, assigned to me, a company car. Every day at 8.00 we (the team) leave the garage for one of the nine poultry farms to service and prepare equipment.
Factories are located at a distance of 30 to 150 km, respectively, the travel time is from half an hour to two and a half hours one way. All movements are recorded daily by waybills.
Working day from 8.00 to 17.00. We perform all our official duties directly at these nine factories. Our wages are piecework. Is travel time included in business hours? , and are we entitled to an additional payment or compensation for the traveling nature of the work? issue number №2119184 read 1719 times Urgent legal advice8 800 505-91-11 free of charge
- "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ Article 300.
The travel time to the place of work was recognized as part of the working day
- protection of the rights to just and favorable working conditions, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions;
- ensuring the implementation labor rights including the right to professional associations;
- access to general technical and vocational guidance programs, employment services and vocational and continuing education;
- ensuring reasonable accommodation of the workplace;
- encourage programs for vocational and qualification rehabilitation, job retention and return to work.
Such guarantees are established by Article 27 of the Convention on the Rights of Persons with Disabilities. Attention: if the employer does not provide the legal sanitary norms for the disabled, this is a violation of the legislation in the field of ensuring sanitary and epidemiological welfare.
The specified schedule provides for the time required for the delivery of workers to the shift and back. Days spent on the way to the place of work and back are not included in working hours and may fall on the days of rest between shifts. Each day of rest in connection with the processing of working time within the schedule of work on a shift (day of rest between shifts) is paid in the amount of the daily tariff rate, daily rate(parts of the salary ( official salary) per day of work), unless a higher payment is established by a collective agreement, local regulation or employment contract. Overtime working hours within the shift work schedule, which are not multiples of a whole working day, can be accumulated during a calendar year and summed up to whole working days with subsequent provision extra days inter-shift rest.
Does travel time to work count as working time?
There is a service vehicle that employees use to get to work. They are brought after eight in the morning, although the working day begins at eight.
The question is whether the delivery of employees to the place of work is included in working hours, i.e. do they arrive at 8:30? Or do employees need to approach their official transport not by 8-00, but in advance, and will this delivery of employees be included in working hours? Work time- 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 (part 1 of article 91 of the Labor Code of the Russian Federation).
Travel time from home to place of work was recognized by the European Court as part of the working day office workers this information may be of interest only as a fact, the decision will not directly affect their schedule. It applies only to those who do not have a permanent job and work on the road, such as sales agents, plumbers, plumbers and social workers. According to current EU regulations, the duration of weekly work should not exceed 48 hours. Meanwhile, now workers who do not have a permanent office and travel to work in different parts of the city or even the region, de facto recycle. The new regulation should resolve this issue: now the time spent on the road, the employer will have to count as working time. This decision of the European Court was made after a lawsuit against the Spanish company Tyco.
A directive was sent to protect workers from exploitation by employers. According to it, no employee in Europe should work more than 48 hours a week. As Yury Starodumov, a lawyer with the Center for Social and Labor Rights, told RG, this problem is not relevant for Russia and, accordingly, this decision will not cause any “wave” in changing legislation or interpreting it. As it will not entail changes in approaches to remuneration. »
The Labor Code defines working time. And it says that if an employee travels somewhere on behalf of the employer or his duties include arriving somewhere on a call, the time he spends on the road is considered working, ”says the expert.
For example, drivers are entitled to such breaks 1-2 hours after the start of the shift (up to 20 minutes) and 2 hours after the lunch break. With regard to any other categories of employees, the issue of granting them such breaks is decided in the internal regulations. According to Article 258 of the Labor Code of the Russian Federation, additional breaks for feeding the child (children) are included in working hours, provided to working women with children under the age of one and a half years, at least every three hours of continuous work lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are payable in the amount of average earnings.
Is the travel time to the place of work considered working time?
These periods include, for example, nursing breaks provided during working hours; breaks for meals at the workplace (these intervals should not be confused with regular lunch breaks, which are not considered working time); inter-shift rest for shift workers and some others. 3 The definition of specific periods that relate to working time is essential element labor relations, since it is during these intervals that the employee and the employer fulfill their duties, for disciplinary violations at this time the employee may be held accountable. The remaining periods are considered the personal time of the employee, during which the instructions of the employer do not apply to him. 4 The normal duration of the designated working time is determined by law, it cannot exceed forty hours a week.
You won't rest on the way.
The exception to this general rule is to provide the possibility of eating during working hours in those jobs where it is impossible to provide a break for rest and food. In this case given time should be paid. The list of such work, as well as places for eating during their implementation, is established by the Labor Regulations (part 3 of article 108 of the Labor Code of the Russian Federation). Therefore, if employees are given a lunch break, and they can use this time at their discretion (leave workplace), the lunch break is not included in working hours.
Note: employees should either be given a two-hour break, from 12-00 to 14-00, or amend the Internal Labor Regulations and employment contracts by setting an hour break. Otherwise, employees may claim payment for the second hour of the break during which they work as overtime.
For the travel time to the place of work - pay
The length of working time is, as a rule, established by fixing the weekly norm of working time. The maximum limit of working hours is established by law, thereby it limits the length of working hours. Article 37 of the Constitution of the Russian Federation, fixing in paragraph 5 the right to rest, indicates that a person working under an employment contract is guaranteed the length of working time established by federal law.
The Labor Code assigned section IV to working time, consisting of two chapters (15 and 16). Article 91 of the Labor Code of the Russian Federation defines working time.
Is the commute to and from work included during business hours?
Attention
This maximum working time applies to the vast majority of workers and therefore in legal aspect everything is considered a common measure of labor. The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n “On Approval of the Procedure for Calculating the Norm of Working Time for Certain Calendar Periods of Time (month, quarter, year) depending on the established working hours per week. It says that 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.
Is the time spent on the road to the object considered working time?
The significance of limiting working time by law lies in the fact that: 1) it ensures the protection of the health of the employee from excessive overwork and contributes to the longevity of his professional ability to work and life; 2) for statutory working time society, production receive from each worker the necessary definite measure of labor; 3) allows the employee to study on the job, improve their skills, cultural and technical level (develop personality), which in turn contributes to the growth of the employee's labor productivity and the reproduction of a qualified work force. The time during which the employee, although he does not fulfill his labor duties, but performs other actions, includes periods of time that are recognized as working time, for example, downtime through no fault of the employee.
Work and rest schedule for drivers
As a rule, working hours include periods for the implementation of the main and preparatory-final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, handing over finished products etc.), provided by the technology and organization of labor, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break. In the conditions of continuous production, the acceptance and transfer of a shift is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations.
What time is considered working
D Travel time to work is not considered working time in this case. Article 91 of the Labor Code of the Russian Federation gives a clear definition of what it includes. Travel times are not marked. The rest time paid by the employer is defined in the Labor Code of the Russian Federation.
There is no commute to work. Expert opinion: Article 91 of the Labor Code of the Russian Federation, defining working hours as the time during which an employee, in accordance with the internal labor regulations and the terms of an employment contract, must perform labor duties, includes in this concept other periods of time that, in accordance with the legislation of the Russian Federation refer to working time. The legislation considers such periods to be simple (part 3 of article 72.2 of the Labor Code of the Russian Federation), certain breaks (part 3 of article 108, art.
Important
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 duration of working time per week, is determined federal body executive power executing the functions of developing state policy and legal regulation in the sphere of labor. The employer is obliged to keep records of the time actually worked by each employee.
Due to the specifics of the work of the organization, it is often necessary to send employees on one-day business trips to remote separate divisions. Travel time to data separate subdivisions takes 3-4 hours one way. Thus, taking into account the travel time, employees are at work for 15-16 hours, and the organization has an 8-hour working day.
How should these workers be paid correctly?
Should the time spent on the road be considered working time and, accordingly, hours be paid as overtime work, work in the evening (night)?
Article 166 of the Labor Code of the Russian Federation establishes that a business trip is a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place permanent job.
When an employee is sent on a business trip, he is guaranteed the preservation of his place of work (position) and average earnings, as well as reimbursement of expenses associated with a business trip (Article 167 of the Labor Code of the Russian Federation).
By virtue of clause 4 of the Regulations on the peculiarities of sending employees on business trips, approved by Decree of the Government of the Russian Federation of October 13, 2008 N 749 (hereinafter referred to as the Regulations), the day of departure on a business trip is the date of departure of the train, plane, bus or other vehicle from the place of permanent work of the seconded person, and on the day of arrival from the business trip - the date of arrival of the specified vehicle at the place of permanent work. When the vehicle is sent before 24:00 inclusive, the day of departure for a business trip is considered the current day, and from 00:00 and later - the next day. If the station, pier or airport is located outside the settlement, the time required to travel to the station, pier or airport is taken into account. Similarly, the day of arrival of the employee at the place of permanent work is determined.
Thus, the time spent by the employee on travel to the place of the business trip and back also refers to the business trip period. Accordingly, the accounting and payment of travel time during the performance of an official assignment is regulated by the rules on business trips.
Within the meaning of Art. 166 of the Labor Code of the Russian Federation and clause 3 of the Regulations for the duration of a business trip, the employee ceases to perform his labor function at the place of permanent work and performs an official assignment outside the place of such work. In other words, while on a business trip, the employee performs a separate official assignment, and not a labor function, as defined by the employment contract. Accordingly, the business trip time is not working time in the sense in which it is defined in Art. 91 of the Labor Code of the Russian Federation. Consequently, on a business trip, hours of work cannot arise outside the established working hours, that is, overtime hours (Article 99 of the Labor Code of the Russian Federation). In this regard, there are no grounds for paying compensation for overtime work, as well as for night work in this case.
Determining the duration of a business trip, taking into account the volume, complexity and other features of the official assignment, is referred to the exclusive competence of the employer (clause 4 of the Regulations).
In our opinion, the appointment of such an official assignment, which will obviously have to be carried out for a longer time than its normal duration, should be assessed as an abuse of the right by the employer. We believe that the employer, sending an employee on a business trip and determining its terms depending on the volume of the assignment, should, by analogy, apply the requirements of labor legislation on the normal working hours for certain periods.
In any case, the employer has the right to compensate the employee for the actual loss of rest time that occurred during the business trip, fixing the decision on the additional payment in the local normative act, which determines the system of remuneration and bonuses for employees, in collective agreement or in an employment contract.
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