The method of calculating workers' overtime was announced + table

What are the legal working hours of workers in 1403?

Number of days and Hours of work It is specified in the text of the labor law. According to Article 51 of this law, “Working hours are the period of time when a worker provides his energy or time to the employer for the purpose of doing work.” This law has specified the following limits on the number of working hours per day, week and month, and all employers, workers, workshops, manufacturing, industrial, service and agricultural institutions are obliged to comply with it.

Except for some cases, the working hours of workers should not exceed 8 hours a day.

The total working hours per week should not exceed 44 hours.

In hard and harmful and underground work, working hours should not exceed 6 hours a day and 36 hours a week.

In some jobs where working hours exceed 8 hours a day and 44 hours a week, the sum of working hours in 4 consecutive weeks should not exceed 176 hours.

Friday is the weekly holiday of workers using wages.

Work hours table for the year 1402 of the Labor Law

The working hours of the labor office are the same for all workers in the country, regardless of the working conditions and any other conditions, the type of workshop and the type of work. Note that there are no exceptions.

Footnote 1: Monday, May 11, 1402, is not a holiday in the solar calendar, but according to Article 63 of the Labor Law of the Islamic Republic of Iran, this day is considered an official holiday for workers, and therefore work on this day is calculated as overtime on a holiday for workers. .

Footnote 2: Another method is used to calculate working hours and days, according to which the amount of working hours does not exceed 8 hours per day and 44 hours per week. In this way, people work from Saturday to Wednesday for 8 hours (for a total of 40 hours) and on Thursday for 4 hours (for a total of 44 hours). On this basis, the number of Thursdays in the month is important. Of course, it should be noted that from the point of view of the labor department and when there is a dispute, the above table is the criterion.

The formula for calculating the working hours of workers and setting the working hours table 1403

There is a very simple formula for calculating the weekly and monthly working hours of workers, which is used to set the working hours table.

In cases where workers' wages are paid weekly, weekly working hours are used. If the workers are working full-time, the following formula is used to calculate the weekly working hours according to the labor law:

The weekly working hours of the labor law = the number of non-holiday days, the length of the week * 7.33

In most workshops in the country, salaries are paid monthly. Therefore, the monthly working hours of the labor law are used to calculate overtime and monthly work. To calculate the monthly working hours of workers, the same formula as the weekly working hours is used, with the difference that the number of days of the month is inserted instead of the number of days of the week.

Monthly working hours of the labor law = number of non-holiday days in the month * 7.33

The table of working hours of the 1403 employee that was presented above summarizes the total days of the year 1403, the number of Fridays, the number of holidays and the number of working days, and finally, the working hours of the 1403 employee are presented in a ready form and despite the table Mandatory working hours do not need to be calculated.

Legal working hours of 1403

How to use the duty work hours table 1403

To use this table, 3 modes can be considered:

1- If the worker's working hours and his presence in the workshop are equal to the mandatory working hours

In this case, the worker has neither overtime nor overtime. Therefore, the employer is obliged to pay the worker's salary, benefits and insurance in full without deductions or additions.

2- If the work of the worker is more than the monthly duty hours

According to Article 59 of the Labor Law, if the worker's performance is more than the working hours of the Ministry of Labor written in the working hours table, it is considered overtime. In order to calculate the overtime hours of 1401, it is necessary to add up the working hours and working hours done by the worker during the month and then subtract the legal working hours of the same month. Working hours in excess of the obligation of the labor law are considered overtime. How to calculate the amount of overtime is taught in the overtime article of 1402 and how to calculate it.

3- If the worker's working hours are less than the working hours of the labor law

If the work is such that the worker has less than 1402 legal working hours during the working week or month, according to Article 39 of the Labor Law, the salaries, benefits and insurance of these workers must be calculated and paid on an hourly and part-time basis.

How to calculate salaries and benefits and wages and insurance for part-time and hourly workers

Calculating wages and benefits for hourly and part-time workers compared to full-time workers is difficult.

In hourly and part-time work, the employer is obliged to calculate and pay wages, benefits and insurance for official holidays in proportion to the work. In order to calculate the number of insurance days and salaries and benefits, 1- the worker's performance ratio should be calculated during the month. 2- Assuming that if this worker worked full-time, how much salary, benefits and insurance would he receive. 3- The ratio obtained in step 1 should be multiplied by the amounts and figures obtained in step 2.

To calculate the ratio of work of part-time and hourly workers, it is enough to divide the actual work and hours of work performed by the worker during each month by the hours of work required for the same month in 1403. The number by hand will be a number between zero and 1.

Frequently asked questions about the working hours of the Labor Department

Why are the monthly working hours written as 192 hours per month in some places?

As mentioned before, the working hours are different every month. The monthly duty hours vary depending on the number of public holidays each month. The monthly working hours of 192 hours is almost correct with the assumption that there are no official holidays in a 30-day month except for 4 Fridays. In this case, the monthly working hours will be 191 hours.

Are the monthly working hours of workers 176 hours?

The monthly working hours of 176 hours have been removed from Article 84 of the Labor Law. In this article, it is stated that in shift work, the working hours may be more than 8 hours in some days and more than 44 hours in some weeks. In any case, the total working hours in 4 consecutive weeks should not exceed 176 hours. In this article, the working hours are 4 weeks, not 1 month.

What are the working hours on Thursdays according to the labor law?

Working hours on Thursdays are no different from working hours on other days of the week. In Article 51 of the Labor Law and its note, it is written that on some days of the week the working hours may be less than the specified amount and on some days it may be more than the specified amount. This issue is not prohibited as long as the total working hours per week does not exceed 44 hours.

Therefore, in the workshops that work more hours on Saturday to Wednesday, they should be at work for a while on Thursday so that the total weekly working hours reaches 44 hours.

Example: In a workshop from Saturday to Wednesday, the working hours are 8 hours each day. So, 40 hours of work has been done in 5 days. If the workers work 4 hours on Thursday, their duty will be completed.

Example: Working hours are 9 hours from Saturday to Wednesday. So, 45 hours of work has been done in 5 days. In this case, Thursday will be a holiday, workers have worked 1 hour overtime per week.

Thursday and Friday will be paid.

Is the time on the way to the workshop considered as working hours?

According to Article 51 of the Labor Law, working hours refer to the period of time that workers provide their energy or time to the employer for the purpose of doing work. Therefore, the working hours of going back and forth to the workplace are not counted among the working hours of the worker.

Are meal and prayer hours considered as working hours?

According to the explanation of the previous question, because the time spent for eating and performing religious duties and resting is not for the purpose of doing work, therefore it is not considered as working hours.

Source: Deck