Women's working hours
Advice from lawyers:
1. How to calculate the working time sheet for a woman in a rural area if the rate is about.9?
1.1. Hello, in your case you need to know who the woman works for. For detailed consultation, please contact WhatsApp
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2. Working hours for women working in rural areas.
2.1. According to Resolution of the Supreme Court of the RSFSR dated November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas,” the working time for women working in rural areas is 36 hours.
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3. Tell me, how do the hourly working hours of men and women differ?
3.1. Article 320. Labor Code of the Russian Federation. Shortened working week For women working in the Far North and equivalent areas, a collective agreement or employment contract establishes a 36-hour working week, unless a shorter working week is provided for them by federal laws. In this case, wages are paid in the same amount as for a full working week.
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3.2. Hourly working hours are the same for everyone. Normal working hours for everyone cannot exceed 40 hours per week. For certain categories of workers, including women separately, a shortened working week may be established. For example, women's labor in the Far North and rural areas.
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4. I work as a cashier in a household appliances store, working days from 10-20, 1 hour of lunch, 5 days a week, the management doesn’t want to pay for overtime, they don’t give me weekends. Plus, the store manager forces a woman to pack large household appliances. How can I terminate a contract with an employer? And is it possible to demand compensation for overtime?
4.1. You should go to court.
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5. How the working hours of an assistant teacher should be specified in the employment contract. Place of work: rural kindergarten. If a full day is 8 hours, this should be reduced for women in rural areas.
5.1. Hello. You should indicate in the employment contract that the working week is no more than 36 hours, according to Art. 92 Labor Code of the Russian Federation. and the Resolution of the Supreme Council of the RSFSR of November 1, 1990 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas.” Sincerely!
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6. Is it possible to set the working hours (for women working in rural areas) with a 36-hour work week as follows: Monday from 8.00 to 17.00 (8 hours) Tuesday-Friday from 8.00 to 16.00 (7 hours) if, for example, the standard working time is for a month 122.4 according to the production calendar, and with the above regime it turns out to be 122 hours per month. Isn’t it a violation to not comply with the monthly norm while observing the weekly norm? In this case, wages are paid according to the norm of a 40-hour working week.
6.1. Hello. In this case there are no violations. Article 100 of the Labor Code of the Russian Federation provides for violations for overtime. However, you have a flaw and nothing is said about this in the legislation. It may be worth paying attention to your employment contract. It must indicate the hours. And keep in mind that only processing will be a violation.
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7. As of November 23, 2020, a law will come into force on reducing working hours for women in rural areas. The question is whether the Sokolovy district of the Saratov district of the Saratov region is a rural area. Until now, I thought yes, and how can I determine this?
7.1. Dear Nadezhda! In accordance with “OK 033-2013. All-Russian Classifier of Municipal Territories" (Volume 5. Volga Federal District), the working settlement of Sokolovy is assigned to the Sokolovsky urban settlement of the Saratov municipal district with code 63 643 158.
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8. Can a woman, while on maternity leave for up to one and a half years, work a part-time shift while maintaining her care allowance for the position of a night watchman?
8.1. Good afternoon. Maybe, but she needs to pass a medical examination to ensure that such work is not contraindicated for her due to health reasons, Article 96 of the Labor Code of the Russian Federation.
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8.2. Good evening! Labor Code of the Russian Federation Article 256. Child care leave At the request of a woman, she is granted leave to care for a child until he or she reaches the age of three years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws. Parental leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child. At the request of the woman or the persons specified in part two of this article, while on maternity leave, they can work part-time or at home while maintaining the right to receive state social insurance benefits.
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9. As I know, according to the law, rural women can be provided with a shorter working day.
But how should this be reflected on the employee’s time sheet? In fact, how many hours does she work (let’s say 7 hours instead of or 8 hours, how do men of the same enterprise or organization work? If it is indicated that she works 8 hours, wouldn’t this be an addition? Thanks in advance for your answer.
9.1. For women working in rural areas, a 36-hour working week is established, unless a shorter working week is established by labor legislation and other regulatory legal acts containing labor law standards, a collective agreement, agreements, local regulations, or an employment contract. In this case, wages are paid in the same amount as for a full working week. The timesheet indicates the actual time worked.
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10. If a woman works in an organization with flexible working hours, can she be forced to work on Friday Sat Sun if she has two minor children. Is it legal or not?
10.1. Hello Irina! According to Art. 102 of the Labor Code of the Russian Federation: When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties
. The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others). Since the start, end and total duration of the work shift are determined by agreement of the parties, you need to look at your employment contract to see how these issues are regulated in it. If there are no specifics in the employment contract, then there must be a mutual agreement with the employer on specific days of work.
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11. Downsizing in the hospital. A 51-year-old woman, hearing impaired since childhood, has been working as a nurse for 9 years. They offered to write an application for a vacant vacancy as a kitchen worker. The woman went on vacation as scheduled. I went on staff after my vacation, they say this place is already taken. They offer temporary replacement work during the holidays. How to proceed? Her pension is small - 6 thousand for disability. That's how they simply threw out a disabled person.
11.1. Let him write a complaint to the prosecutor's office.
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12. Does a pregnant woman have the right to choose a time convenient for her when working part-time? Does the employer have the right to refuse her choice of employer? Time? Example: the organization works from 7.45 to 00.00. The woman wants a schedule from 11.30 to 18.00, where lunch is 30 minutes from 14.30 to 15.00 (working day 6 hours).
12.1. Good afternoon The employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time working time is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.
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13. I live in the city of Surgut. An area equated to the regions of the Far North (Tyumen region - Khanty-Mansiysk Autonomous Okrug - Ugra). The question is this: with a schedule with summarized accounting of working hours (accounting period - year). As a woman, do I have 36 working hours a week or 40?
13.1. What working hours are specified in the employment contract? According to Art. 92 of the Labor Code of the Russian Federation, the working hours of a particular employee are established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.
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14. I live in Karelia. I am a man. They offer a job in a women's team. The working day will be the same as for women - 7.2 hours. Will the time spent at such work be counted towards northern experience?
14.1. The seniority will be like everyone else's.
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15. Working day until 17:00. Without 3 minutes, a woman came and asked to take the order (selection of glasses, lenses, registration and payment.) The cash register is already closed. I said that we are already closing, come tomorrow since the cash register is closed. She complained to management. Were my actions legal? If I had completed it, I would have spent an hour of my non-working time.
15.1. One day I came to the pharmacy, and there were still 10 minutes before the end of working hours. I needed medicine for a small child. The computer was already turned off in the pharmacy and the guard said that the working day was over. What about the child, is he sick? The pharmacist did not come to see me. This is fine? In your case, you can ask for 1 hour of time off, which you would overwork. But not serving a client is the same as not helping a sick person. Why did you choose this job? A pharmacist, like a doctor, is obliged to help people and your management understands this. Read your job description. Perhaps you have irregular working hours?
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16. Is the employer obligated to reduce working hours for women in the Far North, or is he not obligated to do so?
16.1. Hello. Article 320 of the Labor Code: For women working in the Far North and equivalent areas, a collective agreement or employment contract establishes a 36-hour working week, unless a shorter working week is provided for them by federal laws. In this case, wages are paid in the same amount as for a full working week. Good luck.
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16.2. Obligated, Article 320 of the Labor Code of the Russian Federation, if you do not have a summarized recording of working time, in which overtime work may occur due to the specifics of the organization’s production activities.
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17. A 55-year-old woman received a pension in August 2011, but continued to work until December 2012. During this working time, her pension was not recalculated upward; the application for recalculation was sent to the pension org. I didn’t submit it because dont know. Is it possible and how to change this situation, i.e. restore the surcharge, what is needed for this? Thank you.
17.1. I don’t understand you to restore the additional payment on what basis and why.
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17.2. If the employer is conscientious and paid insurance premiums for this woman from the moment the pension was issued until the date of her dismissal, then from the last date he is obliged to provide information about her dismissal, and the Pension Fund of the Russian Federation recalculate and assign a new pension, part 3 1 month. So start with the employer - take the dismissal order and go to the Pension Fund. They will tell you everything there.
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18. The situation is this: I work as a bartender in a cafe. In a cafe, a transaction took place between people to buy and sell a phone, respectively, without my participation. After a while, the woman who bought the phone returned to my workplace and loudly, in front of other visitors, began to insult me and accuse me of colluding with the phone seller, threatening me with the police. Can I write a counterclaim against her for slander?
18.1. In this situation, it is more advisable for you to file a statement on the fact of insult, which is included in the disposition of Art. 20.1 Code of Administrative Offenses of the Russian Federation “Petty hooliganism”. At the same time, the actions of the offender do not constitute a crime under Art. 306 of the Criminal Code of the Russian Federation, since the offender did not submit a written statement to the police and an appropriate decision was made on it to initiate a criminal case against you.
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19. I am getting a job (in accordance with Article 320 of the Labor Code of the Russian Federation, for women working in the Far North, the standard working time is 36 hours per week) at 0.8 rates in the RCC, the duration of work per week should be 32 hours or 28.8 hours, in the employment contract the salary is 11200 or 8960 (salary 11200+ (11200 * 80% - northern + 11200 * 1.4 - RCC) for a full day)?
19.1. Hello, 11163+11163*80%+11163*40%=24558.6 rub. — full rate — minimum wage of the RKS. To apply for an early pension, insurance length less than the length of service in RKS and MKS is not taken into account.
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20. I bought an apartment on the second floor from a woman who has an advertising company on the first floor (under my balcony), the advertising banner of her company hangs on my balcony, or rather on a huge metal frame built on my balcony, from time to time she changes the banner and I recognize about this only after the fact, that is, the workers put a ladder on my balcony and pull up an advertising poster smiling at me when I go out onto the balcony. Is this legal?
20.1. No. Only you have the right to own, use and dispose of your property (Article 209 of the Civil Code of the Russian Federation). You can file a claim with the owner, and if that doesn’t help, then file a claim in court for non-obstruction in the use of property in accordance with Article 304 of the Civil Code of the Russian Federation.
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Part-time work for a woman with a child under 1.5 years old. The employee took out maternity leave for up to 3 years.
A woman works part-time and receives benefits for up to 1.5 years. Work schedule according to the contract until 15.
If a woman needs to go to work part-time in order not to lose child care benefits.
The woman is on leave to take care of her child, but at the same time does not work full time. Is she entitled to paid leave for the time actually worked?
What punishment is provided for violating the hiring of a woman who is on maternity leave for a child under 3 years of age?
I need to create a shift schedule for employees: day night, rest day,
We are hiring women for the position of fish processor, working hours from 09 to 19 hours. 5 days a day (45 hour work week). Is this a violation?
In our security company, women, according to the law on the north, have overtime.
I have this situation. I work as a cloakroom attendant at an ice rink. The second cloakroom attendant is being laid off and I am charged with working hours from 3 to 9 p.m.
A woman is on maternity leave for up to 3 years, quits her job and gets another job with reduced working hours.
A woman, while on maternity leave to care for a child up to one and a half years old, goes to work part-time.
Work from home
There are many positive aspects to working from home that can make your life easier and save you time and money. Can you access information remotely for ongoing work? Then plan a conversation with your boss that focuses on how these changes will benefit your company. Or you could find another job that allows you to work from home. Even if the salary will be a little less at the first stage, but at the same time you will have a reduction in expenses (you will not need to pay for travel to and from work, clothes for work, buy lunches, etc.)
