Lector PhD in Law Rustem Nazmetdinov REST TIME 1

THE NOTION OF REST TIME Rest time is the time when the employee is free from the execution of labour duties which he may use at his own disposal. 2

TYPES OF REST TIME The types of the rest time shall be: breaks during the working day (shift); daily (intershift) rest; days-off (weekly continuous rest); public holidays; leave. 3

BREAKS FOR REST AND MEALS During the working day (shift), the employee must be provided with a break for rest and taking meals not greater than two hours and at least 30 minutes in duration which is not included in the working time. 4

BREAKS FOR REST AND MEALS The time of providing the break and its length shall be specified in the internal labour rules or according to the agreement between the employee and the employer. 5

BREAKS FOR REST AND MEALS In works where it is not possible to provide a break for rest and taking meals because of the production process (working) conditions, the employer shall be obliged to provide to the employee opportunities to have rest and take meals in the working time. The list of such works, as well as the places for rest and taking meals shall be specified in the internal labour rules. 6

SPECIAL BREAKS FOR WARMING UP AND REST In individual types of works, special breaks are envisaged for employees during the working time stipulated by the technology and organisation of the production process and labour. The types of such works, the length and procedure for providing such breaks shall be specified in the internal labour rules. 7

SPECIAL BREAKS FOR WARMING UP AND REST For drivers attracted to intercity traffic set up special breaks for rest. After 3 hours of driving driver has a right to 15 min.rest. In the following such rest should be present to employee every of 2 hours of driving. 8

SPECIAL BREAKS FOR WARMING UP AND REST Employees working in cold seasons in the open air or in closed unheated buildings, as well as loaders engaged in loading and unloading works and other employees in necessary cases shall be provided with special breaks for warming up and rest which are included in the working time. The employer must outfit rooms for employee warming up and rest. 9

LENGTH OF THE WEEKLY CONTINUOUS REST (DAYS-OFF) The length of the weekly continuous rest may not be less than 42 hours. All employees shall be provided with days-off (weekly continuous rest). With a five-day working week arrangement, the employees shall be provided with two days-off per week, with a six- day working week arrangement, one day-off. 10

LENGTH OF THE WEEKLY CONTINUOUS REST (DAYS-OFF) Sunday shall be the common day-off. The second day-off with the five-day working week arrangement shall be specified in the collective contract or internal labour rules. Both of the days-off shall be provided in succession as a rule. 11

LENGTH OF THE WEEKLY CONTINUOUS REST (DAYS-OFF) With employers with which the work cannot be stopped on days-off for technical and organisational reasons, the days-off shall be provided on various days of the week in turn to each of the employee groups according to the internal labour rules. 12

PUBLIC HOLIDAYS The following days shall be days off in the Russian Federation: January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays; January 7 - Christmas Day; February 23 - Day of the Defender of the Fatherland; March 8 - International Women's Day; May 1 - Spring and Labour Holiday; May 9 - Victory Day; June 12 - Day of Russia; November 4 - Day of National Unity. 13

PUBLIC HOLIDAYS When a day-off and a holiday coincide, the day-off is transferred to the working day following the holiday. Employees, except for those employees who receive salaries (an official salary), for the public holidays during which they were not engaged in working are entitled to receive additional compensation. 14

PROHIBITION OF WORK ON DAYS-OFF AND PUBLIC HOLIDAYS. Working on days-off and public holidays is prohibited, except for the cases envisaged by the Labour Code. Employees may be made to work on days-off and public holidays with their consent in writing if it is necessary to carry out unforeseen work on the urgent completion of which the further normal operation of the organisation as a whole or specific structural units thereof or of the individual entrepreneur depends. 15

PROHIBITION OF WORK ON DAYS-OFF AND PUBLIC HOLIDAYS. In the following cases employees may be made to work on days-off and public holidays without their consent: 1) for the purpose of preventing a catastrophe, industrial disaster or elimination of the aftermath of a catastrophe, industrial disaster or natural calamity; 2) for the purpose of preventing accidents, the destruction or damage of the employer's property or state or municipal property; 16

PROHIBITION OF WORK ON DAYS-OFF AND PUBLIC HOLIDAYS. 3) for the purpose of carrying out works necessary due to the declaration of a state of emergency or martial law, and also when necessary works are performed in emergency situations, i.e. a disaster or a threat of a disaster (fire, flood, famine, earthquake, epidemic or epizootic) and in other cases when the lives or normal living conditions of the whole population or of a part thereof are endangered. 17

PROHIBITION OF WORK ON DAYS-OFF AND PUBLIC HOLIDAYS. Creative employees of the mass media, cinematographic organisations, television and video-shooting teams, theatres, theatrical and concert organisations and circuses, other persons taking part in the creation and/or performance (exhibition) of works of art may be attracted to work on days-off and public holidays in the procedure established by a collective agreement, local normative act or labour contract. 18

REMUNERATION FOR LABOUR ON DAYS- OFF AND PUBLIC HOLIDAYS Payment for working on days-off or public holidays shall be effectuated at least at double rate: for piece workers: at least at double piece-work wage rate; for employees whose labour is paid for at daily and hourly wage rates: at least at double daily or hourly wage rate. 19

ANNUAL PAID LEAVE The employees shall be provided with annual leave while preserving the place of work (occupation) and average earnings. Main annual paid leave of 28 calendar days shall be provided to employees. Main annual paid leave greater than 28 calendar days in length (extended main leave) shall be provided to employees in compliance with the Labour Code and other federal laws. 20

ADDITIONAL ANNUAL PAID LEAVE Additional annual paid leave shall be provided to the employees engaged in the work with adverse and/or hazardous working conditions, employees having a special nature of work, employees having unregulated working day, employees working in the regions of the Far North and similar localities, as well as in other cases envisaged in the present Code and other federal laws. 21

ADDITIONAL ANNUAL PAID LEAVE For example, for under aged set up 31 days of annual paid leave. For higher-education teaching personnel 56 days of annual paid leave. 22

ADDITIONAL ANNUAL PAID LEAVE For example, for under aged set up 31 days of annual paid leave. For higher-education teaching personnel 56 days of annual paid leave. 23