In this article the Letter of the Ministry of Labour and the public assistance of Ukraine from 14.09.07g. No. 6884/0/14-17/13 was given an explanation about calculation of standard of duration of working hours for 2008.
The letter of the Ministry of Labour and social policy of Ukraine from 18.09.07 of No. 6884/0/14-07/13
At calculation of standard of duration of the worker vremeni directly at the enterprise it is necessary to be guided by the following.
As it is provided by article 50 of the Labor code of Ukraine (further – the Labour Code), the normal prodolyozhitelnost of working hours of workers can’t exceed 40 hours per week.
The enterprises and the organizations at the conclusion of the kollektivyony contract can establish smaller norm of a proyodolzhitelnost of working hours, than is provided in part one of this article. At establishment of smaller standard of duration of working hours it is necessary to mean that compensation in this case should be conducted on the full tariff rate, a full salary.
According to article 51 Labour Code part one soyokrashchenny duration of working hours is established:
1) for workers at the age from 16 till 18 years – 36 hours per week, for persons at the age from 15 till 16 years (pupils at the age from 14 till 15 years which work in vacation) – 24 hours per week.
Duration of working hours of pupils, koyotory work within academic year during free time from training, can’t exceed a half of the maximum duration of the working hours provided in the paragraph first of this point for persons of the corresponding age;
2) for the workers occupied on robots with harmful working conditions – no more than 36 hours per week.
The list of productions, shops, professions and dolzhnosyoty with harmful working conditions work in which grants the right to the reduced duration of rayobochy time, is approved by the resolution of Cabinet council of Ukraine from February 21, 2001 of No. 163.
Besides, the legislation establishes sokrayoshchenny duration of working hours for otdelyyony categories of workers (teachers, doctors, etc.).
The reduced duration of the worker vremeni can be established at the expense of own means at the enterprises and in the organizations for zhenshhin, having children be elderly till fourteen years or the disabled child.
According to article 69 of the Economic code of Ukraine the enterprise independently establishes for the workers shortened working hours and other privileges.
At calculation of balance of working hours it is necessary to mean that according to article 53 Labour Code on the eve of festive and the days off (article 73) period of operation of workers, except the workers specified in article 51 Labour Code, is reduced at one o’clock both at five-day, and at six-day working week, and on the eve of vykhodyony days period of operation at six-day working week can’t exceed 5 hours.
According to article 73 Labour Code in 2008 on predyopriyatiya, in establishments, the organizations work not provoditsya in the following festive and the days off:
• On January 1 – New year;
• On January 7 – Christmas;
• On March 8 – the International Women’s Day;
• On April 27 – Easter;
• On May 1 and 2 – Day of the international solidarity of workers;
• On May 9 – the Victory Day;
• On June 15 – the Trinity;
• On June 28 – the Constitution day of Ukraine;
• On August 24 – Independence Day of Ukraine.
According to a part of the third article 67 Labour Code in case festive or the day off (article 73) coincides with the day off, the day off is transferred on sleyoduyushchy after festive or non-working. Therefore according to the schedule of five-day working week with the days off on Saturday and Sunday in 2008 the day off on Saturday March 8 should be transferred on a ponedelyyonik on March 10, the day off to Sunday April 27 – on Monday April 28, the day off on Sunday June 15 – on Monday June 16, the day off in subbotu on June 28 – on Monday June 30, the day off on Sunday August 24 – on Monday August 25.
As a rule, with a view of creating an enabling environment for celebration, and also rational an ispolzovayoniya of working hours Office orders Miyonistrov Ukrainy is recommended to transfer the working days for workers to whom five-day working week with two days off on Saturday and Sunday is established.
Because the specified order has recommendatory character, the decision on transfer of the working days is accepted by the employer that leads to change of the schedule of work of the enterprise. Therefore all actions concerning providing holidays, appearance at work and payment of sick-lists should occur on the basis of the decision made at the enterprise concerning transfer of raboyochy days, i.e. on changed in connection with transfer of the working days to graphics of work of the enterprise. Thus it is necessary to mean that in case of postponement of the working day previous festive or the day off, for other day off, for preservation of balance of working hours in a year period of operation this transferred working day should sootvetstvovat to duration of the holiday working day as it is provided by article 53 Labour Code.
The legislation didn’t establish uniform standard of duration of working hours for a year. This norm can be different depending on what working week is established at the enterprise (pyatiyodnevny or six-day), what duration of daily work when the days off and therefore at the enterprises, in establishments and organiyozatsiya the standard of duration of working hours for a year decides independently on observance of requirements of articles 50 – 53, 67 and 73 Labour Codes are established.
We give an example calculation of standard of duration of working hours for 2008 it (is applied), rasschiyotanny on a calendar of five-day working week with two days off on Saturday and Sunday at identical duration of operating time in a day within working week and the corresponding reduction of period of operation on the eve of festive and the days off.
Under the specified conditions, depending on a prodolzhiyotelnost of working week, the norm of working hours for 2008 will make:
• at 40-hour working week – 2 011,0 hours;
• at 39-hour working week – 1 965,6 hour;
• at 38,5-hour working week – 1 940,4 hour;
• at 36-hour working week – 1 814,4 hour;
• at 33-hour working week – 1 663,2 hour;
• at 30-hour working week – 1 512,0 hour;
• at 25-hour working week – 1 260,0 hour;
• at 24-hour working week – 1 209,6 hour;
• at 20-hour working week – 1 008,0 hour;
• at 18-hour working week – 907,2 hours.
The annex to the letter from September 18, 2007 of No. 6884/0/14-07/13
Standard of duration of working hours in hours at:
Deputy minister N. Soldatenko.
(On Balans-Agro newspaper materials).