ORDER OF THE MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION

of August 13, 2009 No. 588n

About approval of the Procedure for calculation of regulation of working hours for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours in week

According to article 91 of the Labor Code of the Russian Federation (Russian Federation Code, 2002, N 1 (part 1), Art. 3; N 30, of the Art. 3014, 3033; 2003, N 27 (part 1), Art. 2700; 2004, N 18, Art. 1690; N 35, of Art. 3607; 2005, N 1 (part 1), Art. 27; N 19, of Art. 1752; 2006, N 27, Art. 2878; N 52 (part 1), Art. 5498; 2007, N 1 (part 1), Art. 34; N 17, of Art. 1930; N 30, of Art. 3808; N 41, of Art. 4844; N 43, of Art. 5084; N 49, of Art. 6070; 2008, N 9, Art. 812; N 30 (part 1), Art. 3613; N 30 (part 2), Art. 3616; N 52 (part 1), Art. 6235, 6236; 2009, N 1, 17, of 21) I order to the Art.:

1. Approve the enclosed Procedure for calculation of regulation of working hours for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours in week.

2. Recognize invalid:

explanation of the Ministry of Labour of the Russian Federation of December 29, 1992 N 5 "About some questions arising in connection with transfer of the days off matching holidays" and the resolution of the Ministry of Labour of the Russian Federation of December 29, 1992 N 65 about approval of this explanation (are registered in the Ministry of Justice of the Russian Federation on January 5, 1993 N 115);

explanation of the Ministry of Labour of the Russian Federation of January 17, 1994 N 1 "About some questions arising in connection with transfer of days of rest since Tuesday January 4, 1994 on Friday December 31, 1993" and the resolution of the Ministry of Labour of the Russian Federation of January 17, 1994 N 3 "About approval of explanation "About some questions arising in connection with transfer of days of rest since Tuesday January 4, 1994 on Friday December 31, 1993", of modification of explanation of the Ministry of Labour of the Russian Federation of December 29, 1992 N 5 and of recognition voided resolutions of the Ministry of Labour of the Russian Federation of December 13, 1993 N 177 "About approval of explanation "About procedure for determination of the monthly tariff charges at the rate of the established hour tariff charges" (are registered in the Ministry of Justice of the Russian Federation on January 25, 1994 N 468);

explanation of the Ministry of Labour of the Russian Federation of February 25, 1994 N 4 "About employment duration in the day off postponed in connection with holiday for the working day" and the resolution of the Ministry of Labour of the Russian Federation of February 25, 1994 N 19 about approval of this explanation (are registered in the Ministry of Justice of the Russian Federation on March 1, 1994 N 502).

Approved by the order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009, No. 588n

Procedure for calculation of regulation of working hours for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours in week

1. The regulation of working hours for certain calendar periods of time is estimated according to the design chart of five-day business week with two days off on Saturday and Sunday proceeding from duration of daily work (change):

in case of 40-hour business week - 8 hours;

lasting business week less than 40 hours - the number of hours received as a result of division of the established duration of business week for five days.

Duration of the working day or the change directly prior to non-working holiday decreases for one hour.

According to part 2 of article 112 of the Labor Code of the Russian Federation in case of coincidence output and non-working festive days the day off is transferred to the working day following after festive.

When according to the decision of the Government of the Russian Federation the day off is transferred to the working day, employment duration this day (the former day off) shall correspond to duration of the working day for which the day off is postponed.

The regulation of working hours estimated in such procedure extends to all work-rest schedules.

Thus, the regulation of working hours of specific month is calculated as follows: duration of business week (40, 39, 36, 30, 24, etc. hours) shares on 5, is multiplied by quantity of the working days according to calendar of five-day business week of specific month and the number of hours in this month on which reducing working hours on the eve of non-working holidays is made is subtracted from received quantity of hours.

In similar procedure the regulation of working hours for the whole year is estimated: duration of business week (40, 39, 36, 30, 24, etc. hours) shares on 5, is multiplied by quantity of the working days according to calendar of five-day business week in year and the number of hours in this year on which reducing working hours on the eve of non-working holidays is made is subtracted from received quantity of hours.

2. The transfer of the days off matching non-working holidays, provided by part 2 of article 112 of the Labor Code of the Russian Federation is performed by the employers applying various work-rest schedules in case of which work in holidays is not performed. Such procedure for transfer of the days off matching non-working holidays equally belongs to operating modes as with constants in the days off fixed on days of the week, and with the sliding days of rest.

At employers, work suspension at whom in non-working holidays is impossible on technological and organizational conditions (for example, continuously operating production, daily servicing of the population, etc.), the transfer of the days off provided by part 2 of article 112 of the Labor Code of the Russian Federation is not performed.

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