Will there be such a person who did not go to work at least once? Unlikely. There are also many who hired employees themselves, so that almost everyone participated in labor relations - one of the most regulated areas of civil circulation, primarily focused on ensuring the labor rights of citizens. And one of the main directions here is the approved working hours.
Working time is an essential condition of an employment contract
Does the average citizen often think about how many working days in a month on average? Unlikely, but this indicator becomes very important as soon as an employment contract is concluded.
The relationship between the employer and the employee is regulated by a codified normative act - the Labor Code. It lists all the important conditions of the employment agreement, the change of which is allowed only in compliance with a certain procedure or byby mutual agreement of the parties:
- remuneration, its size, terms of payment;
- working hours, beginning and end of the working day, how many working days in a month;
- periods, duration and reasons for rest;
- content of labor functions;
- guarantee measures and compensation payments.
These conditions must be met by the employer in the form prescribed by law. When applying for a job, the parties must reach an agreement on the main points of the employment contract. In doing so, they can expand the rights of the worker, but they do not have the right to go beyond the legally approved norms or reduce guarantees.
One of the most important quantities that affect settlements between the parties is working time: the number of working days in a month determines the accruals, deductions and wages of the employee.
Why do we need labor rationing?
Labor standards relate, in particular, to working hours and are regulated at the state level. Their observance is mandatory for all employers, not only public, but also private.
The Labor Code establishes the duration of the working week at 40 hours - this is a mandatory value for a five-day week. It is easy to calculate that the working day in this case will be 8 hours. The workday can be shorter, and then the duration of the week decreases. Such manipulations of the law are allowed, in contrast to the increase in the established duration of the working week.
Types of working hours
The main value of the duration of the workday was given above, while the legislatorother options for working hours are provided:
- abbreviated;
- incomplete;
- duration of night work;
- working time limit for certain categories of workers: minors, women with children, persons with disabilities and others.
The application of certain norms is connected with the circumstances provided for in the legislation. This is stipulated in the contract or fixed by order: for example, part-time is necessarily provided to a woman with a child under 14 years old, at her request.
Operating modes: what they are
During working hours, the employee is obliged to perform the functions assigned to him and comply with the requirements of the internal regulations, which is why the definition of the beginning and end of the working day is so important in labor relations.
Working hours can be linked:
- with the number of working days per week - five or six days;
- with work schedule - fixed, flexible, shift;
- with a shift period - day, night.
For non-standard operating modes, it is important to correctly calculate how many working days are in a month. To this end, the relevant ministry has established the procedure for calculating labor donors, which is focused on different time periods. The specified procedure is registered with the Ministry of Justice and has the force of a full-fledged regulatory act, by which employees of financial and personnel services canbe guided by the calculation of working hours.
How many working days are there in a month? Making the calculation right
For the convenience of calculating working time, so-called production calendars are used in practice. They are popular with accountants and other financial services workers; such a calendar will also be useful to HR department employees.
With the help of the production calendar, it is not only convenient to calculate the working days in a month, but also quickly track other significant statistics depending on the length of the working week.
The production calendar contains the following data, distributed monthly:
- number of calendar and working days with gradation for different hourly loads;
- how many working hours per month (according to Labor Code);
- number of weekends and holidays.
You can do without a production calendar: how many working days are in a month, it is not difficult to calculate, guided by the above ministerial order. The detailed formula is given for any duration of the working week and taking into account holidays, as well as pre-holiday shortened days.
How many working days are there in a year?
The norms established by labor legislation allow you to calculate the number of working days in a year. It seems that it is simple: subtract days off from 365 calendar days - and you're done. However, the calculation must be adjusted to take into account holidays and non-working days, as well as shortened pre-holiday weekdays.
Legislativeit is established that if a holiday coincides with an employee's day off - Saturday or Sunday, then it is transferred to the next working day, thereby adding an additional non-working day.
For example, if January 1 falls on Sunday, then January 2, Monday, will also be a day off. These moments are taken into account when calculating the number of working days separately for each year.
Is it permissible to exceed the norm of working hours?
The current regulations make it easy to calculate how many working days are in a month, and therefore comply with the established requirements for staff employment.
However, production is not always predictable, and managers sometimes have to find non-standard solutions to current issues. Such exceptional cases may become the basis for forced work of staff on weekends or exceeding working hours, while, according to the basic rule, such actions are prohibited by law.
Payment for excess work also depends on how many working days there are in a month, because, as a rule, compensation is carried out at a double rate. Yes, and you can calculate the excess norm only by finding out the size of the norm itself.
Knowing the average number of working days in a month, you can quickly calculate whether there is an excess of working hours. Such a calculation is carried out according to the usual mathematical formula: the sum of workdays in each month is divided by 12.
How much on averageworking days in a month will depend on the length of the working week and change annually:
- with 5 working days a week the average is 20-21 days;
- with 6 days - 25-26 days.
Employer's responsibility for exceeding the norms
Rationing of working hours is fixed at the state level and the maximum duration of work is an indispensable and invariable condition of the labor agreement between the employer and the employee. This approach is one of the guarantees for the protection of the rights of hired personnel to safe working conditions, decent and fair remuneration, necessary rest and other requirements of labor legislation.
Violation of labor laws is the basis for holding the employer liable, including for non-compliance with working hours. Supervisory authorities may recognize a wide variety of violations related to the calculation of working hours as non-compliance with labor laws:
- exceeding the legal duration;
- unreasonable withdrawal to work on a day off;
- unauthorized overtime work;
- wrong calculation of workdays and other cases.
Under such conditions, the employer must keep abreast and carefully monitor the correct accounting of working hours. To do this, it is important not only to comply with the requirements of labor legislation, but also to have information about how many working days are in accordance with the norms.month or year, the number of official holidays, the duration of pre-holiday days.
Correct calculation of working time is one of the guarantees of peace in the workforce and the correctness of accounting accounts!
