Document's name: | |
Document Number: | 101 |
Document type: | |
Receiving authority: | Government of the Russian Federation |
Status: | Active |
Published: | |
Acceptance date: | February 14, 2003 |
Start date: | February 28, 2003 |
Revision date: | December 24, 2014 |
On the working hours of medical workers depending on their position and (or) specialty
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
On the working hours of medical workers in
depending on their position and (or) specialty
Document with changes made:
Decree of the Government of the Russian Federation of February 1, 2005 N 49 (Collection of Legislation of the Russian Federation N 7, 02/14/2005);
(Collection of Legislation of the Russian Federation, No. 37, 09/10/2012);
(Official Internet portal of legal information www.pravo.gov.ru, 12/30/2014, N 0001201412300056).
____________________________________________________________________
In accordance with Article 350 of the Labor Code of the Russian Federation, the Government of the Russian Federation
decides:
1. Establish the following reduced working hours for medical workers depending on their position and (or) specialty:
36 hours per week - according to the list according to Appendix No. 1;
33 hours per week - according to the list according to Appendix No. 2;
30 hours per week - according to the list according to Appendix No. 3;
24 hours a week - for medical workers directly performing gamma therapy and experimental gamma irradiation with gamma drugs in radiomanipulation rooms and laboratories.
2. The Ministry of Health of the Russian Federation, together with the Ministry of Labor and Social Protection of the Russian Federation, must provide clarifications on the application of this resolution.
(Clause as amended by Decree of the Government of the Russian Federation dated February 1, 2005 N 49; as amended, put into effect on September 18, 2012 by Decree of the Government of the Russian Federation dated September 4, 2012 N 882.
Chairman of the Government
Russian Federation
M. Kasyanov
Appendix No. 1. List of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened 36-hour work week
Appendix No. 1
to the Government resolution
Russian Federation
dated February 14, 2003
N 101
I. Infectious diseases hospitals, departments, wards, offices; skin and venereal disease clinics, departments, offices |
||
Doctor, including doctor - | work directly on |
|
II. Leper colonies |
||
Doctor, including doctor - |
III. Treatment and prevention institutions (hospitals, centers, |
|
Doctor, including doctor - | work directly on |
Nursing staff | work directly on |
Junior medical staff | work directly on |
IV. Laboratories (departments, divisions, groups) of healthcare organizations and state sanitary and epidemiological |
|
Doctor, including doctor - | conducting laboratory |
Junior medical staff | working directly with blood and |
V. Psychiatric (psychoneurological), |
|
Doctor, including doctor - | work directly on |
VI. Children's psychiatric (psychoneurological) |
|
Decree of the Government of the Russian Federation of December 24, 2014 N 1469. |
|
Doctor, including doctor - | work directly |
VII. Physiotherapeutic treatment and preventive organizations, |
|
Doctor, middle and junior | full time job in |
Secondary and junior medical | work related exclusively to |
Junior medical staff | transportation and heating work |
IX. Ambulance stations (departments) |
|
Senior doctor of the station (department) | |
Psychiatrist; middle and junior | medical work |
Secondary and junior medical | work directly on |
X. State organizations |
|
Doctor, including | |
Epidemiologist, assistant |
|
Epidemiologist, | working directly with the living |
Doctor, including doctor - | work in the department of especially dangerous |
Laboratory assistant, | work in entomological teams |
Epidemiologist; average and | work in an observatory and isolator |
Laboratory assistant | cooking work |
Secondary and junior medical | work on evacuation of infectious diseases |
Instructor-disinfector, | packaging and storage work |
Epidemiologist, assistant | work directly with |
XI. Anti-plague institutions (centers, stations, departments, |
|
Doctor, including doctor - | work in areas where |
XII. Blood transfusion stations and departments |
|
Doctor, including doctor - | work on procurement, processing |
XIII. Treatment and correctional institutions for forced |
|
Doctor, including doctor - |
XIV. Organizations, health and social institutions |
||
Doctor, middle and junior | work in pressure chambers and caissons; |
|
Medical disinfector | work on focal, chamber and |
XV. Working with radioactive substances and sources 1. Working with X-rays |
|
Doctor, middle and junior | With X-ray therapy, experimental X-ray irradiation; |
2. Work in research, transport, energy, |
|
Doctor, middle and junior | work directly related |
work directly related |
XVI. Working with open radioactive sources |
|
Doctor, middle and junior | work directly related |
Appendix No. 2. List of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened 33-hour work week
Appendix No. 2
to the Government resolution
Russian Federation
dated February 14, 2003
N 101
I. Treatment and prevention organizations, institutions |
||
carrying out | exclusively |
Appendix No. 3. List of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened 30-hour work week
Appendix No. 3
to the Government resolution
Russian Federation
dated February 14, 2003
N 101
I. Tuberculosis (anti-tuberculosis) organizations   for children with tuberculosis; institutions |
|
(Name as amended, put into effect on January 7, 2015 by Decree of the Government of the Russian Federation dated December 24, 2014 N 1469. |
|
Doctor, including doctor - |
III. State medical and social service institutions |
||
Doctor, average and |
VI. Working with radioactive substances and sources 1. Use of radioactive substances as sources |
|
Doctor, middle and junior | work directly related |
2. X-rays
Doctor and paramedic | work directly related |
X-ray nurse, | work of at least half of the worker |
Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"
On the working hours of medical workers depending on their position and (or) specialty (as amended as of December 24, 2014)
Document's name: | On the working hours of medical workers depending on their position and (or) specialty (as amended as of December 24, 2014) |
Document Number: | 101 |
Document type: | Decree of the Government of the Russian Federation |
Receiving authority: | Government of the Russian Federation |
Status: | Active |
Published: | Rossiyskaya Gazeta, N 33, 02/20/2003 Collection of Legislation of the Russian Federation, No. 8, 02/24/2003 Supplement to Rossiyskaya Gazeta, No. 16, 2003 |
Acceptance date: | February 14, 2003 |
Start date: | February 28, 2003 |
Revision date: | December 24, 2014 |
Hello, dear friends. Today we will look at the working hours of medical workers according to the law. The main document establishing the length of time all doctors work is Decree of the Government of the Russian Federation No. 101 of February 14, 2003.
The number of hours worked per week depends on the group to which the employee belongs. There are 4 groups of health workers, the length of time worked varies depending on the presence of dangerous, harmful conditions in the workplace. Let's look at these groups.
Basic moments
I would like to immediately note that the division into these groups was made on the basis of the Labor Code of the Russian Federation. The smallest group is health workers servicing radiomanipulation equipment with gamma radiation: 24 hours per week or 4.8 hours (4 hours 48 minutes) per day in a 5-day week.
They practice gamma therapy and gamma irradiation using special techniques. This is a very hazardous profession for health, therefore this group of doctors also has the right to an increased duration of the next vacation, preferential service upon retirement and additional payment for harmful conditions.
Second group
The next group of doctors should work 30 hours a week or 6 hours a day with a 5-day week. This group includes the following employees:
- Institutions involved in the treatment of tuberculosis diseases, including all workplaces that have contact with patients for this type of disease.
- Mortuaries, autopsy and pathological-anatomical laboratories - all employees who have the opportunity to contact corpses.
- Expert groups that carry out actions to confirm the presence of tuberculosis diseases in patients.
- Forensic medical experts who come into contact with corpses and their parts.
- Services that collect and store cadaveric blood.
- Units that come into contact with x-rays (fluorography), radioactive substances used in gamma examinations.
Third group
In this group of doctors, the reduction in work time is 33 hours per week or 6.6 hours (6 hours 36 minutes) per day with a 5-day week.
All doctors who perform initial and repeated appointments with patients in clinics, employees of physiotherapy departments, servicing devices at ultra-short wave frequencies above 200 W, and all dentists, except those involved in jaw or dental surgery, are related to it.
Other
The fourth group includes the majority of health workers who receive and treat patients. Their working week is 36 hours or 7.2 hours (7 hours 12 minutes) per day. These are doctors, nurses and orderlies (except for those involved in statistics and archivists):
- Organizations treating infectious and dermatovenerological diseases.
- Leprozoriev.
- Organizations providing treatment, maintenance and examination of patients with AIDS and HIV-infected people.
- Laboratories that have contact with the blood of patients with AIDS and HIV-infected people.
- Psychiatric, neurosurgical and drug treatment organizations that examine and treat patients with these diseases, in addition to social organizations to help people left homeless.
- All children's medical organizations that care for disabled children, children with mental and nervous diseases and the mentally retarded.
- Physiotherapeutic services serving hydrogen sulfide and sulfur baths, mud peat and ozokerite hospitals that have contact with hydrogen sulfide and sulfur gas, preparing mud baths and cleaning after them.
- Expert groups having contact with patients with signs of mental illness.
- Ambulance stations and other types of emergency care, also involved in the delivery of mental and infectious diseases to special hospitals.
- Sanitary-epidemiological and anti-plague organizations.
- Blood transfusion stations.
- Organizations involved in the rehabilitation of drug addicts and alcoholics.
- Services that come into contact with radioactive liquids and x-rays.
Some exceptions
As you can understand, for health workers in clinics, hospitals and sanatoriums, kindergartens and schools, if they do not fall into the above groups, the working time is within 39 hours per week or 7.8 hours (7 hours 48 minutes) per day with a 5-day week.
When a health worker falls into one of the groups entitled to a reduction in working hours according to the Labor Code of the Russian Federation (disabled people under 18 years of age, etc.), then his working day corresponds to the duration in this group.
For women working in rural areas, the established working week is 36 hours, regardless of the work performed, unless they belong to groups with a shorter working day.
We calculate the graph
Some difficulties arise regarding the payment of part-time jobs and overtime according to the schedule. Health workers are allowed part-time work in the amount of half the monthly salary.
It must be borne in mind that if a doctor is given a standard of, for example, 36 hours a week, then half the rate is 18 hours and no more. If there are unfilled vacancies, it is allowed to combine one more full-time position.
When organizing round-the-clock duty, a schedule is drawn up that takes into account the monthly standard of hours, which can be specified in the production calendar or calculated independently.
For example, with a 36-hour work week, the monthly norm would be 172 hours, and the 24-hour schedule would look like this:
1st employee |
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2nd employee |
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3rd employee |
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4th employee |
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5th worker (replacement) |
1st employee |
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2nd employee |
|||||||||||||||||
3rd employee |
|||||||||||||||||
4th employee |
|||||||||||||||||
5th worker (replacement) |
Where 12 is the day shift, 12 is the night shift. A replacement worker (fifth) is usually needed in the absence of the main employee (regular vacation, sick leave). If all the workers are on site, there is a shortage of normal hours.
All changes within a medical institution regarding working hours are made by order 2 months before the start of its effect, with the simultaneous execution of a corresponding change to the employee’s employment contract.
Compared to the Soviet period, there were no significant changes in the working hours of medical workers; only new positions and professions were added to the lists. The only deterioration was the limitation of payment for night hours (from 22-00 to 6-00) to 20% of the tariff and salary.
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The Labor Code establishes the obligation to keep records of the time actually worked by each employee. This is an important point in respecting their rights - after all, overtime work, work at night or on weekends, and non-working holidays must be compensated. Doctors are a special category of workers: their overwork can affect the quality of services provided to the population. Therefore, the employer must strictly comply with the requirements of labor legislation regarding the duration of work for doctors. Today we will tell you what types of working hours are possible for medical workers, how many hours a week they should work, and what forms of documents should be used to record the actual time worked.
General information about working hours
Working time is the time during which an employee, in accordance with 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 the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours time (special breaks for heating and rest - Article 109 of the Labor Code of the Russian Federation, additional breaks for feeding the child - Article 258 of the Labor Code of the Russian Federation, etc.). The normal duration of such time cannot exceed 40 hours per week.
For medical workers Art. 350 of the Labor Code of the Russian Federation establishes a reduced working time, which is normal for them - 39 hours a week. Also, depending on the position or specialty, the working hours of doctors are changed by the Government of the Russian Federation.
For your information. Article 92 of the Labor Code of the Russian Federation establishes a reduced working time for workers under 16 years of age - no more than 24 hours per week, from 16 to 18 - no more than 35 hours per week, workers who are disabled people of group I or II - no more than 35 hours , and for persons employed in work with harmful and (or) dangerous working conditions - no more than 36 hours.
In particular, on the basis of Decree of the Government of the Russian Federation dated February 14, 2003 N 101, the following working hours are established:
1. 36 hours per week - for doctors, paramedical and junior medical personnel:
— infectious diseases hospitals;
— skin and venereal disease clinics, leper colonies, health care facilities for the prevention and control of AIDS;
— laboratories that diagnose HIV infection;
— psychiatric (psychoneurological), neurosurgical, drug treatment facilities designed to serve citizens suffering from mental illness;
— children's psychiatric (psychoneurological) healthcare facilities, educational institutions for mentally retarded children;
— physiotherapeutic health care facilities;
— the state service of medical and social examination, which carries out examinations of citizens suffering from mental illness;
— ambulance and emergency medical care stations (departments), regional, regional and republican hospitals.
2. 33 hours per week:
— for doctors of medical institutions (outpatient clinics, dispensaries, medical centers, stations, departments, offices) to conduct only outpatient visits to patients;
— doctors and nursing staff of physiotherapeutic hospitals and offices working full time on medical generators "UHF" with a power of over 200 W;
— dentists, orthopedic dentists, dental therapists, dentists and technicians (except for dental surgeons) of dental health care facilities and offices.
3. 30 hours per week for doctors, paramedical and junior medical personnel:
— tuberculosis and anti-tuberculosis organizations (their structural divisions), social service institutions intended to serve tuberculosis patients;
— forensic medical examination bureaus, pathological-anatomical departments, laboratories, morgues directly working with corpses and cadaveric material;
— institutions of the state medical and social examination service that examine citizens with tuberculosis;
— healthcare organizations when working on the procurement and preservation of cadaveric blood;
— when working with gamma therapy and experimental gamma radiation in wards for patients with radioactive drugs applied, work related to gamma installations;
— when working with X-ray diagnostics, fluorography, on a rotational X-ray therapeutic unit with visual control.
Note. Nurses in X-ray, fluorography rooms and installations must work 30 hours a week, assisting the doctor with X-ray diagnostics and fluorography for at least half of the working day.
4. 24 hours a week - for medical workers directly performing gamma therapy and experimental gamma irradiation with gamma drugs in radiomanipulation rooms and laboratories.
Working hours
Medical workers can work in different modes - a 5-day work week with two days off, irregular working hours, shift work, part-time work, etc.
Establishing a work schedule is important from the point of view of distributing the norm of working time throughout the accounting period - week, month, quarter or year. For example, with a 40-hour week, the duration of daily work (shift) should not exceed 8 hours per day. How to determine the duration of daily work (shift) with reduced working hours? Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n will help us with this. In particular, to determine the duration of a shift (daily work), you need to divide the established length of the working week by 5 days (clause 1). Accordingly, the duration of the shift of health workers will be:
— with a 39-hour work week — 7.8 hours;
— at 36 hours — 7.2 hours;
— at 33 hours — 6.6 hours;
— at 30 hours — 6 hours;
- at 24-hour - 4.8 hours.
To calculate the standard working time for an accounting period, for example, a month, you need to divide the length of the working week by 5 (working days in a week) and multiply by the number of working days according to the calendar of the 5-day working week of this month. From the result obtained, it is necessary to subtract the hours by which working hours are reduced on the eve of non-working holidays. For example, the standard working time for December 2013 will be: (39 hours / 5 days) x 22 days. - 1 hour = 170.6. 39 hours is the normal length of work for a medical worker, 22 is the number of working days in December, 1 hour is the time by which the shift is reduced before January 1 (a public holiday).
In addition to this calculation of the duration of daily work, it is worth taking into account the requirements of the Labor Code, the norms of which have already determined the maximum duration of work for:
- workers aged 15 to 16 years - 5 hours, from 16 to 18 years - 7 hours;
- students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged 14 to 16 years - 2.5 hours, from 16 to 18 years - 4 hours;
- disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts.
If a physician is engaged in hazardous work or work with hazardous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:
— with a 36-hour work week — 8 hours;
- with a 30-hour work week or less - 6 hours.
By virtue of Art. 94 of the Labor Code of the Russian Federation, the duration of daily work (shift) in comparison with that established for persons employed in work with harmful and (or) dangerous working conditions can be increased by a collective agreement, subject to compliance with the maximum weekly working hours and hygienic standards for working conditions.
note! The duration of the working day or shift immediately preceding a non-working holiday is reduced by 1 hour, and if the employer has a 6-day working week, this duration cannot exceed 5 hours (Article 95 of the Labor Code of the Russian Federation).
Duration of work (shift) at night based on Art. 96 of the Labor Code of the Russian Federation is also subject to reduction. But it can be equal to the duration of work during the daytime in cases where this is necessary due to working conditions, as well as for shift work with a 6-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations.
Now let's move on to working hours.
In medical institutions, the following working hours are most often established:
1. Shift work - work in 2, 3 or 4 shifts. This regime is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation). Typically, a shift regime is established at emergency medical care stations, emergency departments of medical institutions, and medical institutions providing emergency specialized (sanitary and aviation) medical care. As you know, such units work around the clock. The duration of the shift in this case can be 8 hours in a three-shift mode or 12 hours in a two-shift mode. The main thing is that the standard working hours for the month, quarter or year are observed.
When working in shifts, each group of employees must perform duties during the established working hours in accordance with the shift schedule, which is adopted taking into account the opinion of the representative body of employees and is brought to the attention of the staff no later than 1 month in advance.
The schedule is developed in such a way that the doctor, having worked one shift, goes on vacation, after which he will work on another shift. Sometimes the work schedule is tied to the dates of the month or days of the week: for example, Monday, Wednesday, Friday - the first shift, Tuesday, Thursday, Saturday - the second.
Please note that the hours worked in a month may not be the same as the normal hours worked in the same period if the schedule is quarterly, semi-annual or annual. For example, if the standard hours for a health worker in the fourth quarter of 2013 are 467 hours, he can work like this:
The table shows: despite the discrepancy between the normal number of working hours in individual months and the number of working hours according to the schedule, in general, during the accounting period, the entire standard time was worked.
Quite often, medical workers work according to a schedule of days every other day, or the first shift on even days of the month, the second on odd days. Is this work shiftable? No, this work schedule is not shift work, although schedules are also drawn up for it. It's more of a flexible schedule.
2. Flexible working hours. This mode of operation is discussed in Art. 102 Labor Code of the Russian Federation. In particular, under this regime, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. In this case, the employer must ensure that the employee works the total number of working hours during the relevant accounting periods (working day, week, month, etc.). Let us remind you that the standard working time for a month, quarter, half-year or year is calculated in accordance with Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n.
3. Duty at home - a medical worker of a medical organization stays at home while waiting to be called to work (to provide emergency or emergency medical care).
When taking into account the time actually worked by an employee of a medical organization, the time spent on duty at home is taken into account in the amount of 1/2 hour of working time for each hour of duty (Article 350 of the Labor Code of the Russian Federation). The total working time of a medical worker, taking into account the time on duty at home, should not exceed the standard working time for the corresponding period.
In addition, for certain categories of medical workers, other work modes may be applied.
Part-time work. Article 93 of the Labor Code of the Russian Federation determines that, by agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. That is, the employee will work not 5 days a week, but, for example, 3, or the duration of his working day will not be 7.2 hours, but 5.
Please note that the employer will not be able to refuse to establish such a work schedule for a pregnant employee, as well as for an employee if he:
- one of the parents (guardians, trustees) with a child under the age of 14 years (a disabled child under the age of 18);
- a person caring for a sick family member in accordance with a medical report.
An employee working part-time is paid in proportion to the time he works or depending on the amount of work he performs. Moreover, such work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.
Irregular working hours. This is a special mode of work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. But this mode of operation cannot be established for every health worker. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees, and usually includes the heads of medical institutions - chief doctors and their deputies, as well as senior nurses.
Please also note that under any regime, a medical employee may have to work overtime - overtime.
Time tracking
Since the calculation of wages (for example, for overtime or night work) and the provision of certain guarantees and compensations (for example, milk is issued only on days of actual employment in jobs with hazardous working conditions) depend on the actual time worked, it is important to keep records of it.
Order of the Ministry of Finance of the Russian Federation dated December 15, 2010 N 173n approved the forms of time sheets that medical institutions should use to record working hours:
— form 0301008 — time sheet;
— form 0504421 — time sheet for recording the use of working time and payroll.
The report card in form 0504421 is maintained by persons appointed by order for the institution, monthly for the medical institution as a whole or in the context of structural units (divisions, departments, faculties, laboratories, etc.), separate units (branches). The timesheet opens monthly 2-3 days before the start of the billing period based on the timesheet for the previous month.
note! The report card form 0504421 records only cases of deviations from the normal use of working time established by the internal labor regulations. In the upper half of the line, for each employee who had deviations from the normal use of working time, hours of deviations are recorded, and in the lower half - symbols of deviations. Hours of operation at night are also recorded at the bottom of the line.
If one employee of a medical institution has two types of deviations in one day (period), the lower part of the line is written in the form of a fraction, the numerator of which is a symbol of the type of deviation, and the denominator is the hours of work. If there are more than two deviations on one day, the employee’s name is repeated in the timesheet.
Let us remind you that notes on the report card about the reasons for absence from work, work part-time or outside the normal working hours are made on the basis of documents executed properly (certificate of incapacity for work, certificate of fulfillment of state or public duties, written warning of downtime, written consent of the employee to work overtime in cases established by law, etc.).
At the end of the month, the employee responsible for maintaining the time sheet in form 0504421 determines the total number of days (hours) of absences, as well as the number of hours by type of overtime (substitution, work on holidays, night work, etc.) and recording them in the appropriate columns (35, 42, 43, 45, 47, 49, 51). The completed timesheet is signed by the person entrusted with its maintenance.
For your information. The report card of form 0301008 actually repeats the form of the T-13 report card, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 05, 2004 N 1. Some institutions do not use this form, citing the said resolution, in accordance with clause 2 of which this form is not used by budgetary institutions. However, until the adoption of the new form of timesheet for state (municipal) institutions, timesheet form 0301008 may also be used.
The completed timesheet is submitted to the accounting department for calculations according to the appropriate columns. After approval by the head of the institution, the time sheet is used to draw up a payroll sheet (f. 00504401) or payroll (f. 0301010).
Summarized working time recording
In textbooks and articles in the media, you can read that working time can be recorded daily (the number of days worked per month is subject to recording, since the duration of work is the same, and work beyond this duration is considered overtime), weekly (applied if, depending on the specifics of the work, Only its weekly duration can be observed, and the time of daily work or shift is regulated by the schedule) and summarized. The first two types are not regulated by law, but let’s talk about summarized accounting in a little more detail.
Note. When recording working hours together, the accounting period cannot exceed one year.
Summarized recording of working time is introduced when, due to the conditions of production (work) in the institution as a whole or when performing certain types of work, the daily or weekly working hours determined for a given category of workers cannot be observed (Article 104 of the Labor Code of the Russian Federation). When establishing such an accounting regime, it must be remembered that the duration of working hours during the accounting period (month, quarter and other periods) should not exceed the normal number of working hours. The accounting period cannot exceed 1 year.
The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers. For persons working part-time (shift) and (or) part-time week, the normal number of working hours during the accounting period is reduced accordingly.
The procedure for introducing summarized recording of working time is established by internal labor regulations and is mainly relevant where there is shift work or flexible working hours.
In accordance with Art. 350 of the Labor Code of the Russian Federation, the Decree of the Government of the Russian Federation of February 14, 2003 No. 101 “On the working hours of medical workers depending on their position and (or) specialty” was approved.
In accordance with the Labor Code of the Russian Federation, all medical workers are provided with a reduced working time of no more than 39 hours (Part 1 of Article 350 of the Labor Code of the Russian Federation). Depending on the position held and (or) specialty, in accordance with the specified Government Resolution, the working hours may be:
36 hours per week – according to the list according to Appendix No. 1;
33 hours per week – according to the list according to Appendix No. 2;
30 hours per week – according to the list according to Appendix No. 3;
24 hours a week – for medical workers directly performing gamma therapy and experimental gamma irradiation with gamma drugs in radiomanipulation rooms and laboratories.
How to use these lists?
To determine whether a particular medical worker has the right to reduced working hours, it is necessary to determine the category of the medical institution in which he works and whether it is present in the lists; further, determine the name of the position and the nature of the work performed. A medical worker will have the right to reduced working hours if three conditions simultaneously coincide with him:
For example, an epidemiologist has the right to a reduced 36-hour work week if he works in an organization of the state sanitary and epidemiological service and his work is directly related to living cultures (infected animals).
IMPORTANT! In connection with the adoption of Decree of the Government of the Russian Federation No. 101 in accordance with Art. 350 of the Labor Code of the Russian Federation Order of the People's Commissariat of Health of the USSR No. 584 of December 12, 1940, which previously established a working day of 6.5 and 5.5 hours for medical workers, has actually lost force.
The relationship between the new Government Resolution and the List of industries, workshops, professions and positions in which work gives the right to additional leave and a reduced working day, approved by Resolution of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions of October 25, 1974 No. 298/P-22, does not seem obvious. If we conduct a comparative analysis of the section “XL. Healthcare” of the specified List and Decree of the Government of the Russian Federation No. 101, then two main points can be distinguished:
1. In a number of cases, there was an improvement in the situation of health workers compared to the 1974 List. Thus, doctors - heads of departments, offices in psychiatric (psychoneurological), neurosurgical, drug treatment and other organizations under clauses V and VI of List No. 1 now also have the right to a shortened working week of 36 hours. Another example. Currently, all doctors in dental treatment and preventive organizations, institutions, departments, offices have the right to a 33-hour work week in accordance with clause III. List No. 2. According to the 1974 List, the right to reduced working hours was granted only to a hospital dental surgeon. There are other changes in favor of workers.
2. The Decree of the Government of the Russian Federation does not indicate all professions of medical workers that are listed in the 1974 List. In this regard, the question arises whether the List continues to apply to those health workers whose positions and professions are not specified in the new Resolution. It seems that the answer to this should be positive. The List has not been canceled and is valid, however, if, according to the results of certification (special labor assessment), working conditions are classified as safe, the provisions of the List do not apply (Decision of the Supreme Court of the Russian Federation dated January 14, 2013 N AKPI12-1570). This position is also supported by the Decision of the Supreme Court of the Russian Federation dated January 10, 2013 N AKPI12-1467, which stated that reduced working hours can be established for medical workers both on formal grounds, depending on the position held and (or) specialty, and in connection with actual working conditions, determined based on the results of workplace certification (special labor assessment).
Thus, the question of the relationship between the 1974 List and the Decree of the Government of the Russian Federation No. 101 is resolved, in our opinion, as follows: if both the Decree of the Government of the Russian Federation and the List indicate the same professions and the Government Decree improves the situation of medical workers, then it should this Regulation applies; in relation to those professions that are on the List, but not in the Resolution, the procedure provided for establishing a reduced working time for positions specified in the List applies.