The duration of daily work (shift) cannot exceed:

for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;

for students of basic general educational programs and educational programs of secondary vocational education, combining during school year obtaining education with work, from the age of fourteen to sixteen years - 2.5 hours, from the age of sixteen to eighteen years - 4 hours;

for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

at 36 hours working week- 8 ocloc'k;

with a 30-hour work week or less - 6 hours.

Industry (inter-industry) agreement and collective agreement, and also with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, an increase in the maximum permissible duration of daily work (shift) may be provided in comparison with the duration of daily work (shift) established by part two of this article for employees employed in work with harmful and (or) dangerous working conditions, subject to the maximum weekly working hours established in accordance with parts one to three of Article 92 of this Code:

with a 36-hour work week - up to 12 hours;

with a 30-hour work week or less - up to 8 hours.

Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, may be established by a collective agreement, local regulatory act, employment contract.

Commentary on Article 94 of the Labor Code of the Russian Federation

1. The legislation establishes both the weekly standard of working time and the duration of daily work for certain categories of workers, i.e. the maximum permissible duration of daily work for a specific employee (group of employees) during the day.

The length of working time for a specific employee (group of employees) during the day is called a working day (shift).

2. The specific duration of daily work (shift) is determined by the internal labor regulations or shift schedules for both a 5-day and a 6-day work week in compliance with the requirements specified in the commented article, i.e. subject to the maximum permissible working day (shift).

3. For disabled people, the duration of daily work (shift) is established taking into account the requirements specified in the individual rehabilitation program for a disabled person, developed on the basis of a decision of the authorized body carrying out management federal institutions medical and social examination. It is mandatory for implementation by organizations regardless of their organizational and legal form (Article 11 of the Law “On Social Protection of Disabled Persons in the Russian Federation”).

4. For certain categories of workers engaged in heavy work and work with dangerous and (or) harmful working conditions, the maximum permissible duration of daily work (shift) is established by federal laws.

5. Limitation by law (or on its basis) of working hours is necessary not only to determine the measure of labor, but also to protect the employee’s right to rest. Therefore, in some cases, legislation classifies as working time some breaks during the work process, for example, for heating during cold work, 3-5 minute breaks for rest during intensive assembly line work, breaks for feeding a child under 1.5 years of age, etc. These breaks are paid according to average earnings. In such cases, working time as a labor standard does not coincide with the actual time worked - the actual one will be less. At overtime work the actual time worked will be more than the norm established by law.

6. The duration of normal working hours for creative workers of theaters, theater and concert organizations, as well as cinematography organizations, television and video crews, circuses, the media, professional athletes, as well as other workers, cannot exceed 40 hours per week ( Article 351 of the Labor Code).

Decree of the Government of the Russian Federation of April 28, 2007 N 252 approved. List of professions and positions of creative media workers, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, features labor activity which TCs are installed.

7. By Order of the Ministry of Railways of Russia dated March 5, 2004 No. 7 approved. Regulations on the peculiarities of working time and rest time, working conditions for certain categories of railway transport workers directly related to the movement of trains.

ST 94 Labor Code of the Russian Federation.

The duration of daily work (shift) cannot exceed:

  • for workers (including persons receiving general education or secondary vocational education and working during the holidays) aged from fourteen to fifteen years - 4 hours, from fifteen to sixteen years - 5 hours, from sixteen to eighteen years - 7 hours;
  • for persons receiving general education or secondary vocational education and combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;
  • for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

  • with a 36-hour work week - 8 hours;
  • with a 30-hour work week or less - 6 hours.

An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift) established by part the second of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one to three of Article 92 of this Code:

  • with a 36-hour work week - up to 12 hours;
  • with a 30-hour work week or less - up to 8 hours.

Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Commentary to Art. 94 Labor Code of the Russian Federation

1. The Labor Code does not contain general norm regulating the duration of daily work. The duration of daily work (shift) is an element of the working time regime (see Article 100 of the Labor Code of the Russian Federation and the commentary thereto) and is established by the internal labor regulations. The commented article contains maximum norms for the duration of daily work (shift) only for those categories of workers for whom, in accordance with Art. 92 of the Labor Code of the Russian Federation establishes a reduced working time.

2. The maximum norms for the duration of daily work (shift), established by Part 1 of the commented article for minor workers, are mandatory for employers who do not have the right to exceed them. Likewise, the duration of daily work determined for a disabled person by a medical certificate cannot be exceeded.

3. When regulating the duration of daily work of workers engaged in work with harmful and (or) dangerous working conditions, the Labor Code of the Russian Federation expanded the rights of participants in social partnership, establishing in Part 3 of the commented article the possibility of increasing the duration of daily work (shift) compared to that established by law by introducing the corresponding norm into the collective agreement and industry (inter-industry) agreement. This possibility is allowed subject to certain conditions: a) the limit on weekly working hours established for this category of workers must be observed (Part 1 of Article 92 of the Labor Code of the Russian Federation); b) compliance with hygienic standards of working conditions is required. An increase in the duration of a shift for a specific employee is possible only with his written consent, formalized by means of a separate agreement to the employment contract. Consent to extend a shift can be formalized both when concluding an employment contract and when changing the work schedule.

4. Part 4 of the commented article establishes the features of regulating the duration of daily work (shift) for creative workers. Lists of jobs, professions, and positions of these workers must be approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, and the specific duration of daily work can be established by a collective agreement, a local regulatory act, or an employment contract. The duration of working hours per week for creative workers listed in part 3 of the commented article must correspond general rules, established by Art. Art. 91 and 92 of the Labor Code of the Russian Federation.

The duration of daily work for athletes under the age of 18 can be established by collective agreements, agreements, local regulations, subject to the maximum weekly working hours established by Part 1 of Art. 92 of the Labor Code of the Russian Federation (Article 348.8 of the Labor Code of the Russian Federation).

5. Special rules on working hours are established for persons working part-time (see Article 284 of the Labor Code of the Russian Federation and the commentary thereto). The duration of working hours when working part-time should not exceed four hours a day, and on days when the employee is free from work at his main place of work labor responsibilities, he can work part-time full time (shift). Moreover, the duration of working time when working part-time for one month (another accounting period) should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of workers. The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee has suspended work at his main place of work due to a delay in payment wages for a period of more than 15 days or suspended from work in accordance with part 2 and 4 of Art. 73 Labor Code of the Russian Federation.

For some categories of employees, the law allows for an increase in the duration of part-time work. Medical workers of healthcare organizations living and working in rural areas and in urban-type settlements, the duration of part-time work may be increased by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and all-Russian association of employers (Part 2 of Article 350 of the Labor Code of the Russian Federation). Decree of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in health care organizations for medical workers living and working in rural areas and in urban settlements” established that the duration of part-time work in health care organizations for medical workers living and working working in rural areas and in urban settlements, should be no more than 8 hours. per day and 39 hours. in Week.

Working hours require a strict regime and consideration of its duration at each individual enterprise. Therefore in legal regulation working hours, a special place is occupied by methods of constructing a regime and recording the duration of working hours.

A work schedule or working time is a certain order of distribution of time norms, in particular its beginning, end and breaks in work.

The work schedule includes a certain duration of working time for the corresponding period: working week, working day, work shift, division of working time into parts, irregular working hours, night working time, overtime, duty and time recording. All these concepts will be discussed in more detail in legal aspect in the second section of our work. For now, let’s touch on them to approach the topic of shifts in working mode.

A special type of working time regime is the regime in which summarized recording of working time is introduced. The regime of summarized recording of working hours can be introduced at continuously operating enterprises, institutions and organizations, as well as in individual industries, workshops, sections, departments and in some types of work, where, due to the conditions of production (work), the requirements established by law for this category of workers cannot be observed. daily or weekly working hours.

Overtime work in the case of cumulative recording of working hours is work in excess of the established duration of working hours for the accounting period. According to current legislation, overtime work is generally prohibited. In case of involving employees in overtime work in exceptional cases provided for by law, the maximum norms are established - four hours for two days in a row and 120 hours per year for each employee. Remuneration for overtime work is paid at an increased rate. Employees who have entered into an employment contract with a provision for part-time work cannot be involved in overtime work at all. They may be involved in work beyond the established working hours with the consent of the parties only on the basis mutual agreement with payment for work beyond the usual (single) rates.

The working week is the distribution of working time throughout the calendar week. There are two types of workweek: with one and two days off (usually Saturday and Sunday).

A working day is the working time established by law during the day. The duration of daily work at a particular enterprise (institution, organization) is determined by internal labor regulations or shift schedules in the case of shift work.

Work shift- this is the duration of working hours during the day according to the schedule or work schedule. Shift schedules are approved for “daily” shift work throughout the day (s). Shift schedules can be two or three shifts, and in continuously operating enterprises - even four shifts. Shift schedules are provided to employees for review, as a rule, no later than 1 month before they come into effect. The transition from one shift to another, as a rule, must be carried out every working week at the hours determined by the shift schedules.

At the start of work, each employee is required to mark his arrival at work, and at the end of the working day (shift) - leaving work in the manner established by the enterprise. In continuously operating production facilities, employees are prohibited from leaving work until their replacement arrives (according to the Typical Internal Labor Regulations).

A special type of working time regime is a work regime with the distribution of the working day into parts. The distribution of the working day into parts is provided for in Article 105 of the Labor Code of the Russian Federation and means the possibility of establishing a break in work for more than two hours. Two hours is the length of a break that allows it to be qualified as a break for food and rest. The division of working time into parts is established for urban transport drivers and livestock workers (feeding, milking cows, etc.). The possibility of dividing the working day into parts is provided for by a number of regulations regulating the issue of working time and rest time in certain areas of the national economy.

From point of view practical application normal labor legislation The most problems arise when regulating working hours with a cumulative account of its duration. As a rule, summarized accounting is used in “daily” shift work mode.

Let's break down in more detail the acceptable standards for the duration of a work shift throughout the day. Shifts can be day, evening or night. The duration of a work shift may coincide with the duration of daily work established by law for certain categories of workers (Article 94 of the Labor Code of the Russian Federation), or it may be more or less than it. The duration of a shift when recording working hours in total should not exceed 12 hours. In accordance with the provisions of labor legislation, the duration of the work shift when working at night is reduced by 1 hour, with the exception of those employees for whom reduced working hours are established. According to Art. 95 of the Labor Code of the Russian Federation on the eve of weekends, the duration of a work shift with a 6-day work week cannot exceed 6 hours. The duration of the work shift on the eve of non-working holidays is also subject to a reduction of 1 hour for both a 5-day and a 6-day working week. This rule does not apply to those employees for whom reduced working hours are established. In cases where holiday non-working day postpones a day off according to the calendar or work schedule; the duration of daily work (shift) before a holiday is not reduced. If in continuously operating organizations and in certain types of work it is impossible to shorten the work shift on the eve of starting days and holidays due to production conditions, additional rest time is provided for overtime on these days or it is paid in the same way as overtime work.

A shift for workers aged 15 to 16 years cannot exceed 5 hours, for minors from 16 to 18 years old - 7 hours, for children aged 14 to 16 years combining work and study - 2.5 hours.

As mentioned above, the working time of employees in the cumulative accounting of working hours is regulated by shift schedules (Articles 103-104 of the Labor Code of the Russian Federation), which are drawn up in advance for the entire accounting period based on the fulfillment of the established norm of working hours for this period. The schedules (or the order on the implementation of a work schedule) indicate: the start, end and duration of daily work (shift), the time of breaks for rest and consumption of food, as well as the time of inter-shift and weekly rest.

Shift schedules are actually a report card for the use of working time, only compiled for the onset of the accounting period and without taking into account some deviations: absenteeism, unplanned vacations, illness, etc.

When drawing up schedules for going to work, the responsible person must undoubtedly take into account: the existing schedule of annual planned vacations, the list of employees who are sick at the time of drawing up the schedule, the list of employees who are on leave in connection with their studies at higher education institutions. educational institutions, as well as the volume of tasks assigned to the unit by the management of the enterprise.

Every day, the shift schedule is checked by the head of the department with the actual availability of workers and, if necessary, adjusted in order to fulfill planned tasks and comply with the norms and requirements of Russian labor legislation.

Shift schedules are approved by the administration in agreement with the elected trade union body (trade union representative, elected representative of the collective of workers) and are given to each employee for review.

Summarized working time recording is also used when using one of the progressive forms of working time recording - the flexible working time regime, i.e. dividing the working day into parts, which are provided for in Article 105 of the Labor Code of the Russian Federation.

The implementation of a shift work schedule allows, as the load increases, to increase the operating time of the enterprise to 12-24 hours a day. And the number of working days per week can be increased to 7.

There are many options for shift schedules, each of which is formed to solve specific problems. Let's consider three options for shift schedules, the most rational and often used in enterprises when organizing work from 12 to 24 hours a day and from 5 to 7 days a week.

Option 1 is used when it is necessary to solve the problem of optimizing the distribution of labor resources in accordance with intraday load fluctuations. A 2-shift morning-evening schedule is used with the enterprise operating hours from 8.00 to 20.00, from Monday to Friday, with two days off. This is the simplest option; its feature is the period of simultaneous presence of two shifts on the site. Personnel work 8 hours a day with overlapping intervals during peak daily workloads in production (Table 1).

Table 1

Duration of shifts with a two-shift shift schedule

date
Shift time 8-17 11-20 - - Shift time 8-17 11-20
Shift A - -
Shift B - -

Each employee works 40 hours a week. If the shift size is 10 people, the average monthly resource will be 3520 people/hour.

The schedule for covering intraday peak loads during 2-shift work with a period of simultaneous work of shifts is shown in Fig. 1.

The advantages of a two-shift morning-evening schedule are an increase in the operating time of the enterprise to 16 hours a day. With a shift duration of 8 hours, it is possible to involve personnel in overtime work for 1-2 hours without fear of a significant decrease in productivity and quality of work.

Picture 1

Schedule for covering intraday peak loads during 2-shift work

The disadvantage of using this schedule is the limited number of technical resources during the simultaneous work of the morning and evening shifts. Option 2 is used to solve the problem of a general increase in the production capacity of the enterprise with a five-day working week. A 3-shift schedule is being introduced to organize round-the-clock work. The staff works in weekly cycles of 8 hours a day with 2 days off. To transfer shifts and adjust shift assignments, the schedule should include half-hour intervals for crossing shifts - changing shifts (Table 2). The employee's weekly workload is 40 hours per week. With a shift size of 10 people, the average monthly resource will be 5280 people/hour. The advantages of a 3-shift schedule are the prompt completion of production tasks due to the night shift processing the volume of work received for the previous day, ensuring a continuous production process during a five-day work week, as well as the ability to use personnel after hours. The disadvantage is the need to organize round-the-clock operation of services to ensure working conditions for equipment and personnel.

table 2

Length of shifts with a three-shift shift schedule

date
U IN N U IN N U IN N U IN N - - U IN N U IN N
Shift A - -
Shift B - -
Shift C - -

U – morning shift from 07.30 to 16.00, B – evening shift from 15.30 to 24.00, N – night shift – 23.30 to 08.00

Option 3 is used to solve the problem of maximizing warehouse throughput with a seven-day work week. To do this, a 4-shift schedule is introduced with the organization of two 12-hour periods of production shifts during the day and night. To switch to this schedule, it is necessary to provide for increased rest intervals after the night shift (Table 3).

Average duration The working time of one employee is 42 hours per week. With a shift size of 10 people, the average monthly resource will be 7,200 people/hour.

The advantages of a 4-shift schedule are maximum realization of the potential of production capacity, prompt execution of requests and orders due to the night shift processing the volume of orders received during the previous day, as well as the ability to ensure a continuous process of processing the flow of goods or the production process.

The disadvantages are the need to organize round-the-clock operation of services that provide working conditions for equipment and personnel, as well as the lack of a reserve for overtime hours of work for personnel after a 12-hour shift (with the exception of the withdrawal of shifts per day, one day after work on the night shift).

Table 3

Length of shifts with a four-shift shift schedule

date
D N D N D N D N D N D N D N D N
Shift A
Shift B
Shift C
Shift D

D – day shift from 08.00 to 21.30, N – night shift from 21.00 to 08.30


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Article 94 of the Labor Code of the Russian Federation:

The duration of daily work (shift) cannot exceed:

For workers (including persons receiving general education or secondary vocational education and working during the holidays) aged from fourteen to fifteen years - 4 hours, from fifteen to sixteen years - 5 hours, from sixteen to eighteen years - 7 hours;

For persons receiving general education or secondary vocational education and combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;

For disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

With a 36-hour work week - 8 hours;

For a 30-hour work week or less - 6 hours.

An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift) established by part the second of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one to three of Article 92 of this Code:

With a 36-hour work week - up to 12 hours;

For a 30-hour work week or less - up to 8 hours.

Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Decree of the Government of the Russian Federation of April 28, 2007 N 252 "On approval of the list of professions and positions of creative workers in the media, cinematography organizations, television and video filming crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of labor activity of which are established by the Labor Code of the Russian Federation"

Article 95 of the Labor Code of the Russian Federation:

Duration of the working day or shift immediately preceding the non-working day holiday, is reduced by one hour.

In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.

On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.

Parts 1-4 and 6 of Article 96 of the Labor Code of the Russian Federation:

Night time is the time from 22:00 to 6:00.

The duration of work (shift) at night is reduced by one hour without further work.

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equal to the duration of work in daytime in cases where this is necessary due to working conditions, as well as during shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations.

Procedure for night work of creative workers of the media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works , professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Article 101 of the Labor Code of the Russian Federation:

Irregular working hours are a special mode of work, according to which individual workers may, by order of the employer, if necessary, be occasionally involved in the performance of their duties labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

Part 1 of Article 104 of the Labor Code of the Russian Federation:

When, according to production (work) conditions, individual entrepreneur, in the organization as a whole or when performing certain types of work, the daily or weekly working hours established for this category of workers (including workers engaged in work with harmful and (or) dangerous working conditions) cannot be observed; it is permissible to introduce summarized recording of working hours so that the duration of working hours for the accounting period (month, quarter and other periods) does not exceed the normal number of working hours. The accounting period cannot exceed one year, and for recording the working time of workers engaged in work with harmful and (or) dangerous working conditions - three months.

Part 2 of Article 348.8 of the Labor Code of the Russian Federation:

The duration of daily work for athletes under the age of eighteen may be established by collective agreements, agreements, local regulations, subject to the maximum weekly working hours established by part one of Article 92 of this Code.

Part 1 of Article 16 of the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”:

Citizens (including temporarily sent or business travelers) specified in paragraph 5 of part one of Article 13 of this Law (citizens employed in work in the exclusion zone) are provided with increased wages, reduced working hours and additional paid leave.

Decree of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and in urban settlements”:

In accordance with Article 350 Labor Code of the Russian Federation The Government of the Russian Federation decides:

Establish the duration of part-time work in healthcare organizations medical workers living and working in rural areas and urban settlements, no more than 8 hours a day and 39 hours a week.

Clause 13 of the Regulations “On the peculiarities of the working time and rest time for workers of floating vessels of inland water transport vessels”, approved by Order of the Ministry of Transport of the Russian Federation dated May 16, 2003 N 133:

13. The maximum permissible duration of daily work (shift) of a crew member, including the time of keeping watches (work), performing, along with his duties, work for a worker who is short-staffed and performing additional work not included in his direct scope job responsibilities, should not exceed 12 hours.

“Features of the regime of working time and rest time, working conditions of certain categories of public railway transport workers, whose work is directly related to the movement of trains” (approved by Order of the Ministry of Transport of Russia dated 03/09/2016 N 44)

Clause 6 of the Regulations “On the peculiarities of working hours and rest time for employees of organizations engaged in the extraction of precious metals and precious stones from alluvial and ore deposits" (approved by Order of the Ministry of Finance of the Russian Federation dated April 2, 2003 N 29n):

6. Depending on the specific production conditions at individual sites (work sites), the work schedule may establish a work shift duration of no more than 12 hours.

Clauses 7, 9 - 12 of the Regulations “On the peculiarities of working hours and rest time for car drivers” (approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15):

7. For drivers working on a calendar of a five-day work week with two days off, the normal duration of daily work (shift) cannot exceed 8 hours, and for drivers working on a calendar of a six-day work week with one day off - 7 hours.

9. When recording working hours in total, the duration of daily work (shift) of drivers cannot exceed 10 hours, except for the cases provided for in paragraphs 10, 11, 12 of the Regulations.

10. In the case when, when carrying out intercity transportation, the driver must be given the opportunity to get to the appropriate place of rest, the duration of daily work (shift) can be increased to 12 hours.

11. When recording cumulative working hours for drivers working on regular city and suburban bus routes, the duration of daily work (shift) can be increased by the employer to 12 hours in agreement with the representative body of workers.

1. Reduced working hours (36 hours per week) and annual paid leave of 36 working days (taking into account additional annual leave for work in hazardous working conditions) are provided to the following categories of workers:

1.1. Centers for the prevention and control of AIDS, organizations and specialized healthcare organizations designed to treat patients with AIDS and HIV-infected people.

Doctors (including heads of organizations and their departments) involved in the diagnosis and treatment of AIDS patients and HIV-infected people;

nursing staff involved in the treatment and direct care of AIDS patients and HIV-infected people;

junior medical personnel involved in servicing and caring for AIDS patients and HIV-infected people;

specialists and employees involved in the diagnosis and treatment of AIDS patients and HIV-infected people.

1.2. Healthcare organizations and state sanitary and epidemiological services, their structural divisions, with the exception of those listed in section 1.1

Doctors (including heads of organizations and their structural divisions) who have direct contact with AIDS patients and HIV-infected people during consultations, examinations, and provision of medical care, conducting forensic medical examinations and other work;

nursing staff who have direct contact with AIDS patients and HIV-infected people when providing medical care, conducting forensic medical examinations and other work;

junior medical personnel who have direct contact with AIDS patients and HIV-infected people when caring for them and performing other work;

specialists and employees who have direct contact with AIDS patients and HIV-infected people.

1.3. Laboratories (departments, departments, groups) of healthcare organizations and state sanitary and epidemiological services that carry out laboratory diagnostics of HIV infection

Doctors (including heads of organizations and their departments) conducting all types of laboratory tests of blood and materials coming from AIDS patients and HIV-infected people;

paramedical personnel conducting all types of laboratory tests of blood and materials coming from AIDS patients and HIV-infected people;

junior medical personnel working in these laboratories and having contact with blood and materials coming from AIDS patients and HIV-infected people;

specialists and employees involved in conducting all types of laboratory tests of blood and materials coming from AIDS patients and HIV-infected people.

1.4. Research organizations of healthcare and state sanitary and epidemiological services and their structural divisions

Researchers, managers, specialists, employees and workers involved in working with HIV-infected people and potentially infected with HIV material (including animals) and in carrying out scientific work on the problem of AIDS.

1.5. Research and production associations, enterprises (productions) and their structural divisions for the production of medical immunobiological preparations

Managers, specialists, employees, workers working with the AIDS virus and HIV-infected material.

2. A reduced working day (shift), established on the basis of a 36-hour working week, is provided to employees specified in paragraph 1 of this Procedure only on those days when they were actually employed in work in hazardous working conditions.

Clause 4 and clause 11 of the Regulations on the peculiarities of working hours and rest time for crew members from among the civilian personnel of border patrol vessels and boats (approved by Order of the FSB of the Russian Federation dated 04/07/2007 N 161):

4. On ships with round-the-clock work, a three-shift watch (work) schedule is established for crew members. On ships that are not operated around the clock, a one- or two-shift watch (work) schedule is established.

Depending on the specific operating conditions of the vessel (voyage duration, navigation or operational period), watch (work) schedules may be established lasting more than 8, but not more than 12 hours per day.

11. The daily working hours of crew members, including the time of keeping watch, performing work for temporarily absent crew members along with their official duties and performing additional work that is not the performance of official duties, cannot exceed 12 hours.

Commentary on Article 94

1. The duration of daily work has a direct impact on a person’s performance. Long-term continuous operation Tires a person, leads to a decrease in his performance (decreased speed of movements, weakened attention, making mistakes, decreased productivity, etc.), affects his health. Therefore, the legislation establishes not only the weekly standard of working time, but also the maximum permissible duration of daily work for a number of categories of workers.

Moreover, these requirements must be met not only when distributing weekly norm working time, but also when distributing working time within the accounting period.

2. The specific duration of daily work (shift) is determined by the internal labor regulations or shift schedules for both a 5-day and a 6-day work week, in compliance with the requirements of Art. 94 on the maximum permissible working day (shift).

So, according to Part 1 of Art. 94 daily duration working hours are established primarily for persons under 18 years of age. Moreover, for students it is common educational institutions, educational institutions of primary and secondary vocational education that combine study with work during the academic year, the norm for the duration of daily work in accordance with the previous edition of the commented article decreased by 2 times. For example, for persons aged 16 to 18 years, the duration daily shift could not exceed 3.5 hours. New law allowed workers of the specified age to increase the duration of daily work to 4 hours.

3. The duration of daily work (shift) for disabled people is established in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In particular, the recommended duration of daily work (shift) for a disabled person is indicated in the individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by the institution civil service medical and social examination for recognizing a citizen as disabled. Individual program rehabilitation of a disabled person is mandatory for any enterprise, regardless of their organizational and legal forms (Article 11 of the Law on the Protection of Persons with Disabilities).

4. In relation to workers engaged in work with harmful and (or) dangerous working conditions, the commented article retains general requirement that with a 36-hour work week, the duration of daily work cannot exceed 8 hours; with a 30-hour work week or less - 6 hours.

At the same time, the new edition of Part 3 of the commented article allows for the possibility of increasing the duration of daily work (shift) by collective agreement compared to the duration of daily work (shift) established by Part 2 of the commented article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours (Part 1 of Article 92 of the Labor Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation. It seems that this addition should be considered only as an exception allowed under systematic control territorial bodies Rospotrebnadzor.

As follows from the note to the concept of “hygienic standards for working conditions,” hygienic standards are justified taking into account an 8-hour work shift. For longer shifts, but not more than 40 hours per week, in each specific case the possibility of work must be agreed upon with the territorial departments of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare, taking into account the health indicators of workers (based on periodic medical examinations, etc. .), the presence of complaints about working conditions and mandatory compliance with hygienic standards (see paragraph 3 of the section Basic concepts used in the Guide. // Guide to the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions. R2.2.2006- 05, approved by the Chief State Sanitary Doctor of the Russian Federation on July 29, 2005).

5. The normal working hours for creative workers of cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses, the media, professional athletes, as well as other workers, cannot exceed 40 hours a week. However, the duration of the daily work (shift) of specific creative workers in accordance with the lists of categories of these workers approved by the Government of the Russian Federation could be established in a special manner - in accordance with laws and other regulatory legal acts, a collective agreement or an employment contract.

The new Law provided that the duration of daily work (shift) of these categories of workers in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement or local regulatory act , employment contract. This laid the legal basis for the development of a system of social partnership on the establishment of work and rest regimes for creative workers of a significant number of organizations: the media, cinematography, theaters, circuses, concert organizations, etc.

On the specifics of regulating the labor of these creative workers, see Art. 351 and comments. To her.