Working time - concept and types. The period for which the next vacation is granted

The working year is legal concept, intended for legal regulation labor and some social leaves of employees included in labor relations. In this case, the working year will be considered in relation to labor holidays.

Article 163 of the Labor Code of the Republic of Belarus defines the concept of “working year”. It refers to a period of time equal in length to a calendar year (12 months), but starting for each employee not from January 1, but from the day of hiring for a given employer. Each subsequent working year is calculated from the date of expiration of the previous one, and not from the end of the next vacation.

It is clear that the working year as a time period for which leave is granted must be distinguished from the working year as the total calculated norm of working hours for a calendar or billing year. They have a significant different purposes

and calculus. When preparing the draft Labor Code in its Art. 164, the proposal of the author of this publication to abandon the formulation used before the Labor Code in the Labor Code “work experience giving the right to leave” was taken into account. It did not reflect the essence and basis of the employee’s right to leave. The reasons are not the annual period (experience) of work, but, firstly, legal norms

, establishing the right to leave (Article 43 of the Constitution of the Republic of Belarus, Articles 150–160 of the Labor Code), secondly, the legal status of the employee as a result of concluding an employment contract with the employer. Working out a certain period - a working year - is the condition and time frame for the implementation of this right. The words “work experience” are also inappropriate and inaccurate when applied to vacations. Experience is necessary for the appointment and calculation of pensions and salary bonuses, but not for the working year. Unfortunately, this old and incorrect terminology is retained in the Labor Code Russian Federation

“Period” is also a period of time that fills a working year. The latter can be complete and incomplete, current and previous.

The working year primarily includes the actual working time worked. Secondly, time that is equated to actually worked, other periods that do not comply with clauses 1–3 of Art. 164 of the Labor Code, but in respect of which legislation or a collective agreement or agreement provides for their inclusion in the working year.

Actually worked is the time the employee actually performs the work assigned to him by the employer at his own place or at another specific place, for example, during a business trip. The actual time worked does not depend on the standard length of the working day and working week. Therefore, it does not matter whether the employee works full-time, short-time or part-time.

Example. An employee with part-time work - a working week whose duration is 16 hours (for example, 2 working days) - has worked the entire working year. However, the working year will be considered actually worked, and the employee has the right to full labor leave.

Time that is not actually worked, but according to the Labor Code, is different legislation or collective agreement equal to hours worked and, therefore, also included in the working year, is:

1) the time when the employee retained old job and wages (in whole or in part), in particular, time:

fulfilling state and public duties (Article 101 of the Labor Code);

employee improvement and retraining while away from work (Article 102 of the Labor Code);

performing other socially necessary duties (Articles 103–105 of the Labor Code);

annual study and other study-related leaves with full or partial preservation wages;

in which the employee was supposed to, but could not, due to the fault of the employer, perform job responsibilities- intra-shift and whole-day downtime (Article 71 of the Labor Code);

paid forced absences;

2) the time when wages were not maintained, but the employee was paid state social insurance benefits in accordance with the law, with the exception of the period of parental leave until the child reaches the age of three years;

3) vacation time without pay. But to include them in the working year in accordance with paragraph 2 of Art. 164 Labor Code requires two conditions:

vacations must be provided for by law or collective agreement;

the duration of vacations does not exceed simultaneously or in total 14 calendar days during the working year. 14 calendar days is the maximum total duration of unpaid leave counted in the working year. The remaining days are not included in it, and therefore the working year is shifted, as provided for in Art. 165 TK.

In paragraph 2 of Art. 164 of the Labor Code deals primarily with leaves without pay. It is clear that these are social holidays. For all of them, according to the text of clause 2, there is a 14-day limit for calculating the working year, including for short-term leaves without pay, which the employer is obliged to provide at the request of the employee in the cases provided for in clauses 2–4 of Art. 189 TK.

This material partially published. The entire material can be read in the magazine “Personnel Department” No. 5 (76), May 2007. Reproduction is possible only with

Working period

part of the production time (See Production Time), during which living labor directly affects the object of labor to obtain the finished product of labor (See Product of Labor). R. item does not include breaks in the labor process itself, as well as the time when the object of labor is affected natural forces(for example, drying wood, chemical reactions) without human intervention. Considering labor production in connection with the working day (see Working day), K. Marx characterized labor production as “... a certain number of interconnected working days necessary in a certain branch of production to obtain the finished product” (Marx K. and Engels F., Soch., 2nd ed., vol. 24, p. 259). Depending on the character production process and the created product of labor, labor production differs in its duration in various industries material production. For example, yarn and fabrics can be created within a few hours, a carpet can take a week to create, and a tapestry can take years. A block residential building takes months to build, a large power plant takes several years.

The progress of science and technology leads to a reduction in labor costs. At the same time, the reduction in wages under capitalism is accompanied by increased intensification of labor and the use of sweatshop systems (see Art. Labor Intensity). In the conditions of a socialist society, the labor cost decreases (with normal intensity of workers’ labor) thanks to the implementation of systematic measures to improve the organization of production and labor, to improve technological processes, specialization of production (See Specialization of production) and comprehensive use of the achievements of science and technology (See Scientific and technological revolution and Scientific and technological progress).

V.V. Motylev.

Big Soviet encyclopedia. - M.: Soviet Encyclopedia. 1969-1978 .

See what “Working period” is in other dictionaries:

working period- - [A.S. Goldberg. English-Russian energy dictionary. 2006] Topics: energy in general EN operating period ...

Working period- (WORKING PERIOD) The period that characterizes the duration of the trading session of the stock exchange and during which exchange trading is possible securities … Finance and stock exchange: dictionary of terms

long working period- - Topics oil and gas industry EN long time cycle ... Technical Translator's Guide

useful working period (duration of continuous work)- 3.1 useful working period (duration of continuous operation): The time established in regulatory and technical documents (in hours), during which, during continuous operation of the head lamp, the current in the discharge circuit will correspond to ... ... Dictionary-reference book of terms of normative and technical documentation

Dictionary Ushakova

Worker, m. Under capitalism, the same as a proletarian; in the USSR, a person professionally engaged in manual labor and belonging to the ruling class, which owns the means of production together with the entire people. "Soviet society... ... Ushakov's Explanatory Dictionary

Working class of the USSR. ═ The Russian proletariat in the struggle against autocracy and capitalism. The proletariat in Russia, as in other countries, began to take shape in feudal society (pre-proletariat). In manufactories and factories of the 17th-18th centuries. (Ural, Center cities... ... Great Soviet Encyclopedia

The main one produces. the power of modern society, main driving force historical the process of transition from capitalism to socialism and communism. Under capitalism class hired workers, deprived of the means of production, living by selling their labor... ... Philosophical Encyclopedia

Class. Under general concept R. class in a scientific sense must be summed up by all sellers of their work force, i.e. all persons who create surplus value with their labor (in Marx’s terminology) or net income (in Ricardo’s terminology), but do not have... Encyclopedia of Brockhaus and Efron

English working year; German Arbeitsjahr. The period of work at this enterprise (organization) is 12 months; starts from the day you start working and ends a year later. Antinazi. Encyclopedia of Sociology, 2009 ... Encyclopedia of Sociology

Books

The working class is the leading force in the construction of a socialist society 1921 - 1937. , . The book is dedicated to the history of the Soviet working class during the transition from capitalism to socialism. The working class is shown as the leading force in the implementation of Lenin’s construction plan...

For what period is the next vacation granted? as one of the forms of realizing the right to rest? To answer this question, it is not enough to turn to the Labor Code - you also need to study the explanations given below by the Ministry of Labor and Rostrud.

For what period of work is annual leave granted?

In accordance with Art. 37 of the Constitution, all workers have the right to rest, the implementation of which is carried out in different forms. In particular, as stated in Art. 21 Labor Code, employees go on vacation every year. It refers to the time of release from work duties for the purpose of rest, paid by the employer.

Basic vacation is granted for the period of work during which the employee worked under an employment contract with one employer. According to Art. 122 Labor Code distinguishes several periods:

After 6 months from the beginning of the 1st year of work with the employer.
There are exceptions. The employer has the right to provide leave earlier at the request of the employee and is obliged to do this when the following person declares about early leave:
- minor worker;
- an employee who adopted a newborn (up to 3 months);
- a woman before or after maternity leave (hereinafter referred to as Maternity leave);
- a part-time employee receiving leave from his main job;
- teacher of a disabled minor child;
- a man while his wife is on leave under the BiR;
- another worker who has received such a right on the basis of the law.
Every year from the 2nd year of operation.
NOTE! When calculating the period in which vacation is provided, not the calendar year, but the working year is taken into account. Therefore, the employee can legally go on vacation for 28 (or more) days twice a day calendar year.

As Rostrud indicated in letter No. 1921-6 dated June 8, 2007, vacations unused during the previous working period do not “burn out.” At the request of the employee, they are transferred or, if we are talking about part of the vacation exceeding the mandatory 28 days, they can be replaced with monetary compensation.

Length of working year

In accordance with the clarification of the Ministry of Labor (letter “On granting leave to disabled people...” dated October 6, 2016 No. 14-2/OOG-8948), the duration of the working year is 12 months, and its difference from the calendar is the starting point: the date of conclusion of the employment contract. The working year includes periods of direct work of the employee and other periods that, on the basis of Art. 121 Labor Codes are included or not included in the length of service.

Accrual of length of service is a condition that must be met when receiving annual leave. But how does length of service affect the constitutional right to rest?

One might assume that total time labor and equivalent activities are associated with the maximum amount of time that must be worked in a year to be able to exercise the right to rest. However, this is not true.

Based on the information given in the letter of Rostrud dated June 14, 2012 No. 854-6-1, the periods included in the length of service do not affect the length of the working year. What matters are the terms that are not included in the length of service, since the year of labor is extended by this time.

Calculation of the length of service required to receive basic leave

To obtain the right to leave, you must accumulate experience, according to Art. 121 TC including time:

actual work activity;
rest, during which the employee retained workplace(weekends, annual 28 days of rest, holidays etc.);
forced absenteeism due to illegal removal or dismissal and subsequent reinstatement;

INTERESTING! There is a position that the time of absenteeism is taken into account in the length of service for receiving leave only if the employee is subsequently reinstated at work. If he is not reinstated at work, but only changes the wording of the grounds for termination of the employment relationship, the time of absenteeism is not included in the length of service (see the appeal ruling of the Moscow City Court dated December 16, 2014 No. 33-40510);

suspension from work due to failure to undergo a medical examination, if this is not the worker’s fault;
vacations without pay (up to 14 days per working year).

The length of service does not include the time spent by the employee on parental leave and the period of absence from work without a valid reason.

Let's summarize. Considering fixed periods granting the next vacation, the general rule is: 1 vacation per 1 working year. Typically, such a year is 12 months, but its duration is increased by periods not included in the length of service.

"Working year and periods included in it
The working year is a legal concept intended for the legal regulation of labor and some social leaves of employees in an employment relationship. In this case, the working year will be considered in relation to labor holidays.
Article 163 of the Labor Code of the Republic of Belarus defines the concept of “working year”. It refers to a period of time equal in length to a calendar year (12 months), but starting for each employee not from January 1, but from the day of hiring for a given employer. Each subsequent working year is calculated from the date of expiration of the previous one, and not from the end of the next vacation.
It is clear that the working year as a time period for which leave is granted must be distinguished from the working year as the total calculated norm of working hours for a calendar or billing year. They have significantly different purposes and calculations.
When preparing the draft Labor Code in its Art. 164, the proposal of the author of this publication to abandon the formulation used before the Labor Code in the Labor Code “work experience giving the right to leave” was taken into account. It did not reflect the essence and basis of the employee’s right to leave. The grounds are not the annual period (experience) of work, but, firstly, the legal norms establishing the right to leave (Article 43 of the Constitution of the Republic of Belarus, Articles 150–160 of the Labor Code), and secondly, the legal status of the employee as a result of the conclusion of the labor contract agreement with the employer.
Working for a certain period - a working year - is the condition and time frame for the implementation of this right. The words “work experience” are also inappropriate and inaccurate when applied to vacations. Experience is necessary for the appointment and calculation of pensions and salary bonuses, but not for the working year. Unfortunately, this old and incorrect terminology is retained in the Labor Code of the Russian Federation (Article 121).
“Period” is also a period of time that fills a working year. The latter can be complete and incomplete, current and previous.
The working year primarily includes the actual working time worked. Secondly, time that is equated to actually worked, other periods that do not comply with clauses 1–3 of Art. 164 of the Labor Code, but in respect of which legislation or a collective agreement or agreement provides for their inclusion in the working year.
Actually worked is the time the employee actually performs the work assigned to him by the employer at his own place or at another specific place, for example, during a business trip. The actual time worked does not depend on the standard length of the working day and working week. Therefore, it does not matter whether the employee works full-time, short-time or part-time.
Example. An employee with part-time work – a working week whose duration is 16 hours (for example, 2 working days) – has worked the entire working year. However, the working year will be considered actually worked, and the employee has the right to full leave.
Time that is not actually worked, but according to the Labor Code, other legislation or collective agreement is equal to time worked and, therefore, is also included in the working year, is:
1) the time when the employee retained his previous job and salary (in whole or in part), in particular, the time:
fulfilling state and public duties (Article 101 of the Labor Code);
employee improvement and retraining while away from work (Article 102 of the Labor Code);
performing other socially necessary duties (Articles 103–105 of the Labor Code);
annual study and other study-related leaves with full or partial pay;
during which the employee was supposed to, but could not, due to the fault of the employer, perform labor duties - intra-shift and whole-day downtime (Article 71 of the Labor Code);
paid forced absences;
2) the time when wages were not maintained, but the employee was paid state social insurance benefits in accordance with the law, with the exception of the period of parental leave until the child reaches the age of three years;
3) vacation time without pay. But to include them in the working year in accordance with paragraph 2 of Art. 164 Labor Code requires two conditions:
vacations must be provided for by law or collective agreement;
the duration of vacations does not exceed simultaneously or in total 14 calendar days during the working year. 14 calendar days is the maximum total duration of unpaid leave counted in the working year. The remaining days are not included in it, and therefore the working year is shifted, as provided for in Art. 165 TK.
In paragraph 2 of Art. 164 of the Labor Code deals primarily with leaves without pay. It is clear that these are social holidays. For all of them, according to the text of clause 2, there is a 14-day limit for calculating the working year, including for short-term leaves without pay, which the employer is obliged to provide at the request of the employee in the cases provided for in clauses 2–4 of Art. 189 TK.
Social leave without pay includes leave granted at the initiative of the employer when it is necessary to temporarily suspend work or temporarily reduce its volume (Article 191 of the Labor Code). According to the logic of clause 2 of Art. 164 of the Labor Code, the named vacations are also counted into the working year as part of the total maximum, i.e. 14 calendar days. Such a decision is not only socially unfair, but also contrary to law enforcement practice. It turns out that workers are punished twice without their fault: by not paying wages and by depriving them of the right to work leave during this time. And this is when the employer has not fulfilled his primary duty - to provide the work required employment contract(contract) (paragraph 4 of article 1, paragraph 1 of article 55 of the Labor Code).
All labor and social leaves with full or partial preservation of wages (Articles 191, 329, 337, 340 of the Labor Code, etc.) are included in the working year on the basis of clause 1 of Art. 164. This conclusion is assumed based on the text of paragraph 1 of Art. 164, but in Art. 164 this must be said directly, as was done in Part 1 of Art. 121TC RF. The working year includes weekends, non-working holidays, and time off for overworking time when it is calculated in total. The given list is not exhaustive.
By general rule Time spent working for only one employer is counted in a working year. When an employee transfers to another employer, calculations are made and paid financial compensation behind unused vacation at the previous place of work. For a new employer, the working year is calculated from the date of hire. But exceptions are possible.
Draft Law of the Republic of Belarus “On Amendments and Additions to Labor Code Republic of Belarus" did not affect Art. 163 and 164 TK. Meanwhile, it would be desirable in Art. 164 to add that the 14-day limit does not apply at least to the vacation provided for in Art. 191 of the Labor Code, as well as as an optimum for those social leaves that the employer is obliged to provide to the employee on the basis of Art. 189 TK.
L.Ya. Ostrovsky,
Candidate of Legal Sciences
Working year and included
there are periods in it."

WORKING YEAR

WORKING YEAR -

A year as a worker or employee at one enterprise, institution, calculated from the date of entry into this enterprise, institution. It is taken into account, in particular, when determining the right to annual leave and its provision.

Standard working hours for a given calendar year. It is calculated by multiplying the sum of working days for the year according to the calendar by the working day. From the resulting normal number of working hours for the year, the hours falling on the annual leave established for this category of workers (main and additional) are excluded. The WORKING YEAR is taken into account when drawing up annual shift schedules (working hours practiced according to the schedule must be equal to the standard hours of the current WORKING YEAR), as well as when summing up annual working hours.

Dictionary of financial terms.

See what "WORKING YEAR" is in other dictionaries:

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Books

One year, Yuri German. In this book, the reader passes through one year in the life of investigator Lapshin and a year in the life of thief Alexei Zhmakin, full of dramatic events. In the struggle for a person, for his fate, they collided...
Two harvests of vegetables a year, Ya. Kh. Pantielev, V. D. Mukhin. The book describes techniques for obtaining two or more harvests per year in open and protected ground. Designed for professional and amateur vegetable growers...