The letter of the Ministry of Labour of social policy of Ukraine is provided in article from 30.09.2008g. No. 10338 (0) 14-0813, regulating calculation of standard of duration of working hours on 2009g. at the enterprises and establishments of all forms of ownership. It is dismissed number of the days off, the working days, number of working hours on months and as a whole in a year.
The LETTER of the Ministry of Labour and social policy of Ukraine from 30
At calculation of standard of duration of working hours directly at the enterprise it is necessary to be guided by the nizheukazanny.
As it is provided p.1 by Art. 50 of the Labor code of Ukraine (further – the Labour Code), normal duration of working hours of workers can’t exceed 40 hours per week.
The enterprises and the organizations during the conclusion of the collective agreement can establish menyyoshy standard of duration of working hours, rather than is provided p.1 this article. In case of establishment of smaller norm prodolzhitelnosti working hours it is necessary to mean that compensation in this case should osushhestvlyatsya on the full tariff rate, a full salary.
According to p.1 Art. 51 the Labour Code the reduced duration of working hours ustanavlivaetsya:
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, rayobotayushchy in vacation) – 24 hours per week.
Duration of working hours of the pupils working within academic year during free time from study, can’t exceed a half of the maximum duration of the worker vremeni, provided by the paragraph the first nastoyayoshchy point for persons of the corresponding age;
2) for the workers occupied on works with harmful working conditions – no more than 36 hours per week.
The list of productions, shops, professions and positions with harmful working conditions work in which grants the right to the reduced duration of working hours, is approved postanovleyoniy Cabinet council of Ukraine from 21.02.01 of No. 163.
Besides, the legislation establishes the reduced duration of working hours for some 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 the women having children be elderly till 14 years or the disabled child.
According to Art. 69 of the Economic code of Ukraiyona 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 Art. 53 the Labour Code on the eve of festive and (Art. 73) days off a prodolzhiyotelnost of work of workers, except specified in Art. 51 the Labour Code, is reduced at one o’clock at five-day and at six-day working week, and on the eve of the days off the work prodolzhitelyyonost at six-day working week can’t exceed five hours.
According to Art. 73 the Labour Code in 2009 on predyopriyatiya, in establishments, the organizations rabota isn’t spent 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 19 – Easter;
• On May 1 and 2 – Day international solidarnosti workers;
• 9maya – the Victory Day;
• On June 7 – the Trinity;
• On June 28 – the Constitution day of Ukraine;
• On August 24 – Independence Day of Ukraine.
According to h. 3 Art. 67 the Labour Code if festive or the day off (Art. 73) coincides with the day off, day off are transferred next day after festive or non-working. To Poetoyoma according to the schedule of five-day working week with the days off on Saturday and Sunday in 2009 the day off on Sunday March 8 should be transferred on Monday March 9, the day off to Sunday April 19 – on Monday April 20, the day off on Saturday May 2 – on Monday May 4, the day off on Saturday May 9 – on Monday May 11, the day off on Sunday June 7 – on Monday June 8, the day off on Sunday June 28 – on a poneyodelnik on June 29.
As a rule, with a view of creating an enabling environment for celebration, and also rational use of working hours rasporyazheniyami Cabinet council of Ukraine it is recommended to transfer the working days for workers to whom five-day working week with dvumya in the days off on Saturday and Sunday is established.
Because this order has rekoyomendatelny character, the decision on transfer of the working days is accepted by the employer independently by the publication of the order or other administrative document.
The decision made by the employer on transfer of rayobochy days changes the schedule of work of the enterprise, establishment, the organization and norm of a prodolzhitelyyonost of working hours in months into which such transfer of the working days is entered. Therefore all actions concerning providing holidays, appearance at work should be carried out 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 a case perenosa the working day previous prazdyonichny or non-working, on other day off for preservation of balance of working hours in a year period of operation this pereyonesenny working day should correspond to duration of the holiday working day as it is provided by Art. 53 the Labour Code.
By the legislation it is not established uniform norma to duration of working hours for a year. This norm can be different depending on what working week is established on a predyopriyatiya (five-day or six-day), what duration of daily work when the days off and therefore on predyopriyatiya, in establishments and the organizations norma durations of working hours for a year 67 and 73 Labour Code decides independently on observance of requirements of Art. 50 – 53, are established.
We give an example calculation of norm of a prodolzhitelyyonost of working hours for 2009 it (is applied), the five-day raboyochy week calculated on a calendar with two days off on Saturday and Sunday at an identical prodolzhitelyyonost of operating time in a day within raboyochy week and with the corresponding reduction of period of operation on the eve of prazdnichyony and the days off.
Under the specified conditions depending on a proyodolzhitelnost of working week the norm of raboyochy time for 2009 will make:
• at 40-hour working week – 2 004 h;
• at 39-hour working week – 1 957,8 h;
• at 38,5-hour working week – 1 932,7 h;
• at 36-hour working week – 1 807,2 h;
• at 33-hour working week – 1 656,6 h;
• at 30-hour working week – 1 506,0 h;
• at 25-hour working week – 1 255,0 h;
• at 24-hour working week – 1 204,8 h;
• at 20-hour working week – 1 004,0 h;
• at 18-hour working week – 903,6 h.
The letter of the Ministry of Labour and social policy of Ukraine from 30.09.08g. No. 10338/0/14-08/13.
The annex to the letter of the Ministry of Labour and social policy of Ukraine from 30.09.08 of No. 10338/0/14-08/13