1. Duration daily work has a direct impact on human 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 weekly norm working hours, 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 the weekly norm of working time, but also when distributing working time within the accounting period.
2. The specific duration of daily work (shift) is determined by internal labor regulations or shift schedules for both 5-day and 6-day working week, in compliance with the requirements for the maximum permissible working day (shift).
So, according to Part 1 of Article 94 of the Labor Code of the Russian Federation 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, combining during school year study with work, the norm for the duration of daily work has been changed compared to the previous edition of the commented article. For example, for persons aged 16 to 18 years, the duration of a daily shift could not exceed 3.5 hours. Federal Law No. 90-FZ of June 30, 2006 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 certificate issued in the manner established by federal laws and other regulatory legal acts 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 execution by any organizations, regardless of their organizational and legal forms and forms of ownership (Article 11 of the Law on the Protection of Disabled Persons).
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, Part 3 of Article 94 of the Labor Code of the Russian Federation 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 this 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 the establishment of such a regime 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 (according to 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 Manual” // 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 crews, 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 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, may be established by a collective agreement, a local regulatory act, or an employment contract ( list of professions and positions of creative workers in the media, 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 are installed Labor Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252 (SZ RF. 2007. N 19. Art. 2356)).
On the specifics of regulating the labor of these creative workers, see Art. 351 and comments. To her.
Commentary on Article 94
1. The duration of daily work has a direct impact on a person’s performance. Long-term continuous work tires a person, leads to a decrease in his performance (decreased speed of movements, weakened attention, making mistakes, decreased productivity, etc.), and 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 the weekly norm of 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 working hours are established primarily for persons under 18 years of age. Moreover, for students of general education institutions, educational institutions of primary and secondary vocational education, combining 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 of a 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 an individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by the institution of the state medical and social examination service for recognizing a citizen as disabled. An individual rehabilitation program for a disabled person is mandatory for execution by any enterprise, regardless of their organizational and legal forms (Article 11 of the Law on the Protection of Persons with Disabilities).
4. With regard to workers engaged in work with harmful and (or) dangerous working conditions, the commented article retains the 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 during the systematic control of the territorial bodies of 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 (according to 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.
Current version of Art. 94 of the Labor Code of the Russian Federation with comments and additions for 2018
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 education with work during the academic year, 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 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 on Article 94 of the Labor Code of the Russian Federation
1. The provisions of the commented article regulate the procedure for establishing the duration of daily work and the possibility of limiting such duration.
Firstly, the legislator limits the duration of the daily work shift for workers under the age of 18.
Minor workers are divided into two groups: from 14 to 16 and from 16 to 18 years.
For workers under 16 years of age, the duration of daily work should not exceed 5 hours per day or per shift. Note that in the norms of the commented article we're talking about about workers over 15 years old, and work according to the rules labor legislation permitted from 14 years of age.
Taking into account the restrictions established by the provisions of the Labor Code of the Russian Federation regarding the total duration of the working week for such workers combining work with education, the duration of work during one shift or one day should not exceed 2.5 hours, and during the week - 12 hours. Thus, it is assumed that on the last working day before a day off for workers aged 14 to 16 years, the duration of the work shift should be no more than 2 hours.
For minor workers aged 16 to 18 years, the duration of daily work should not exceed 7 hours during the period when they are not undergoing training in basic general education programs and educational programs of secondary vocational education. During the school year, if the specified categories of employees work under an employment contract, the duration of daily work should not exceed 4 hours a day. Considering that the total length of the working week for workers aged 16 to 18 years during the school year is no more than 17 hours, then with daily work for 4 hours, one of the working days should last no more than 1 hour.
It should be noted that the resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1 states that for workers under the age of eighteen who enter work after receiving general education or secondary vocational education, as well as those who have undergone vocational training on the job, at the expense of the employer may be subject to reduced production standards and additional payments to wages (see Articles 270, 271 of the Labor Code of the Russian Federation). Evidence confirming the actual working hours of a minor employee is: an employment contract; working hours schedule; time sheet; payslips; documentary and electronic means of recording working hours; other evidence that meets the requirements of relevance and admissibility provided for in Art. Art. 59 and 60 Code of Civil Procedure of the Russian Federation.
Secondly, the legislator established restrictions on daily working hours for disabled people. Let us remind you that the total working time for the specified categories of workers who are disabled people of groups 1 and 2 is limited to 35 hours. As for the duration of daily work for disabled people, the legislator has vested the authority to establish such a duration in medical institutions. Thus, it seems that medical institutions and organizations, when issuing appropriate medical reports, must indicate in them the maximum duration of the daily work shift for each employee individually. At the same time, the Procedure for issuing certificates and medical reports by medical organizations, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n, does not establish any criteria for determining and establishing the duration of daily work for disabled workers. The provisions of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" also do not provide for a procedure for limiting the duration of the daily work shift for the named category of workers.
Based on the established total duration of the working week for disabled workers - no more than 35 hours, the working day for this category of workers should be no more than 7 hours long for a five-day working week and no more than 6 hours for a six-day working week, with the latter being reduced before the worker's day off day for one hour.
Thirdly, a reduced work shift duration is established for workers engaged in work with harmful and (or) dangerous working conditions, where a reduced working time is established.
However, in accordance with Part 3 of the commented article, the specified duration of the working day can be increased to 12 or 8 hours, respectively, if this is provided for by 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 labor agreement. agreement. In this case, the employee is entitled to a separately established payment monetary compensation in the manner, amounts and conditions established by industry (inter-industry) agreements and collective agreements.
2. As a special category of workers, the legislator identifies creative workers of various organizations (mass media; cinematography organizations; television and video crews; theaters; theatrical and concert organizations; circuses), as well as other persons involved in the creation and (or) performance (exhibiting) works.
For a number of such employees, the duration of daily work or shift is established by a collective agreement, labor agreement or employment contract with each employee individually.
The list of jobs, professions, and positions of employees of the above-mentioned organizations is 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 (see Decree of the Government of the Russian Federation of April 28, 2007 N 252).
Another comment 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 and commentary thereto) and is established by 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 establishes reduced working hours.
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 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) in comparison with 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); 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 TK.
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 Labor Code (Article 348.8 Labor Code).
5. Special rules on working hours are established for persons working part-time (see Article 284 of the Labor Code and 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 TK.
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). Decree of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in healthcare organizations medical workers living and working in rural areas and in urban-type settlements" it is established that the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and in urban-type settlements should be no more than 8 hours per day and 39 hours . in Week.
Consultations and comments from lawyers on Article 94 of the Labor Code of the Russian Federation
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[Labor Code of the Russian Federation] [Chapter 15] [Article 94]
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 in basic general education programs and educational programs of secondary vocational education, 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 - 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, a local regulatory act, or an employment contract
2 comments on the entry “Article 94 of the Labor Code of the Russian Federation. Duration of daily work (shift)”
Article 94. Duration of daily work (shift)
Commentary on Article 94
The duration of daily work (shift) is fixed in the internal labor regulations, collective agreement, and other local regulations, taking into account the stipulated duration of working hours per week (Article 91 of the Labor Code). The duration of daily work (shift) is also determined by shift schedules.
Article 92 of the Labor Code, as indicated when considering reduced working hours, established the duration of the shortened working week from 24 to 36 hours, depending on the category of workers. Both with the normal length of the working week and with its reduced duration, the weekly norm of working time is fulfilled during the calendar week. At the same time, the duration of daily work (shift) depends on the type of working week - five or six days. The internal labor regulations, and in some cases, the employment contract, establish the type of working week. These acts, and in case of multi-shift work - shift schedules, determine the number of shifts during a calendar day and the duration of daily work in compliance with the established length of the working week. In most cases, the employer organizes the work of employees by establishing a working week with two days off. In cases where, due to the nature of production and working conditions, it is inappropriate to introduce a five-day work week, a six-day work week with one day off is established. With a 40-hour, five-day work week, an eight-hour duration of daily work (shift) is established, and with a six-day work week, a seven-hour duration of daily work (shift) for five working days, and on the sixth day, the duration of daily work (shift) is reduced to five hours (hours). 3, Article 95 of the Labor Code). This ensures compliance with the weekly working hours.
With reduced working hours, the duration of daily work (shift) should not exceed that established in Parts 1, 2 of Art. 94 Labor Code for relevant categories of workers.
It is allowed to increase the duration of daily work (shift) for workers engaged in work with harmful and (or) dangerous working conditions. At the same time, in accordance with Art. 92 of the Labor Code must comply with the maximum weekly working hours for a certain category of workers.
For creative workers, the List of which is approved by 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 of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons participating in the creation and (or) execution (exhibition) of works, the specifics of whose labor activity are established by the Labor Code of the Russian Federation,” the duration of daily work (shift) in accordance with Art. 94 of the Labor Code can be established in accordance with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.
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NW RF. 2007. N 19. Art. 2356.
The duration of daily work (shift) of certain categories of workers is regulated by by-laws.
For example, the Regulations on the peculiarities of working hours and rest time for tram and trolleybus drivers, approved by Order of the Ministry of Transport of Russia dated October 18, 2005 N 127, establishes that for drivers with a five-day working week, the normal duration of daily work (shift) cannot exceed eight hours , and for those working on a six-day working week calendar - seven hours.
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BNA. 2005. N 49.
Article 94. Duration of daily work (shift)
Commentary on Article 94
1. The duration of daily work has a direct impact on a person’s performance. Long-term continuous work tires a person, leads to a decrease in his performance (decreased speed of movements, weakened attention, making mistakes, decreased productivity, etc.), and 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 the weekly norm of 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 working hours are established primarily for persons under 18 years of age. Moreover, for students of general education institutions, educational institutions of primary and secondary vocational education, who combine study with work during the academic year, the norm for the duration of daily work has been changed compared to the previous edition of the commented article. For example, for persons aged 16 to 18 years, the duration of a daily shift could not exceed 3.5 hours. Federal Law No. 90-FZ of June 30, 2006 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 an individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by the institution of the state medical and social examination service for recognizing a citizen as disabled. An individual rehabilitation program for a disabled person is mandatory for execution by any organizations, regardless of their organizational and legal forms and forms of ownership (Article 11 of the Law on the Protection of Persons with Disabilities).
4. With regard to workers engaged in work with harmful and (or) dangerous working conditions, the commented article retains the 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, 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 this article for workers employed 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 the establishment of such a regime should be considered only as an exception, allowed under the systematic control of the territorial bodies of 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 (according to 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 Manual” // 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 crews, 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 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, may be established by a collective agreement, a local regulatory act, or an employment contract ( list of professions and positions of creative workers in 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, the specifics of their labor activity are established by Trudov Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252 (SZ RF. 2007. N 19. Art. 2356)).
On the specifics of regulating the labor of these creative workers, see Art. 351 and comments. To her.
Duration of daily work (shift)
Established in Art. 91 or in Art. 92 of the Labor Code of the Russian Federation, the weekly working hours must be worked, as a rule, during working (appearance) days of a 7-day calendar week. Therefore, the duration of daily work (shift) depends, first of all, on the type of working week (5-day or 6-day), which is established by a collective agreement or internal labor regulations (Article 100 of the Labor Code of the Russian Federation). The same acts, and in case of multi-shift work - shift schedules (Article 103 of the Labor Code of the Russian Federation), determine both the number of shifts during a calendar day and the duration of daily work in compliance with the established length of the working week. In practice, most workers have a working week with two days off. And only in organizations where, due to the nature of production and working conditions, it is inappropriate to introduce a 5-day work week, a 6-day work week with one day off is established.
As a rule, with a 40-hour five-day work week, an 8-hour duration of daily work (shift) is established, and with a 6-day 40-hour work week, a 7-hour duration of daily work (shift) is established for 5 working days, and on the sixth (pre-weekend) the duration of daily work (shift) is reduced to 5 hours (Part 3 of Article 95 of the Labor Code of the Russian Federation), which ensures compliance with the weekly norm.
With reduced working hours, the duration of daily work should not exceed the limits provided for in parts 1 and 2 of Art. 94 Labor Code of the Russian Federation.
For workers aged 16 to 18 years, working hours should be no more than 36 hours per week (Article 92 of the Labor Code of the Russian Federation). If, when working 5 days a week, they are assigned a 7-hour shift, then they have a weekly shortfall of 1 hour, which they have to work on one of the additional working days every sixth week. But organizations in accordance with Part 3 of Art. 41 of the Labor Code of the Russian Federation (in the collective agreement) and Part 2 of Art. 57 (in employment contract) may establish a 35-hour work week for these minors.
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 - 6 hours.
But it should be taken into account that with a 6-day working week on the eve of the weekend, the duration of work cannot exceed 5 hours (Part 3 of Article 95 of the Labor Code of the Russian Federation). This general rule, used for both normal (40-hour) and reduced working hours. Therefore, if, for example, with a 36-hour 6-day work week, the duration of the pre-day off day is set to 5 hours, 31 hours must be worked in the remaining 5 days.
IN collective agreements organizations, norms for working hours can be reduced (without reducing wages) taking into account economic opportunities. This will naturally entail a reduction in the duration of daily work.
Special rules regulate the daily work duration of certain categories of creative workers at normal working hours (i.e. 40 hours per week).
Part-time working time is part of the established normal or reduced working hours.
Part-time working time can be established by agreement between the employee and the employer, both upon hiring and subsequently in the form of a part-time working day or part-time working week (Article 93 of the Labor Code of the Russian Federation). With part-time work, the duration of daily work is reduced while maintaining the number of working (appearance) days, i.e. 5 or 6 depending on the type of work week. With a part-time work week, the number of working days is reduced, while maintaining the established duration of daily work (shift) on days off to work. It is also possible to simultaneously reduce the number of working days and the duration of daily work on days off from work. In all these cases, the employee is remunerated in proportion to the time worked or depending on the amount of work performed. This is how part-time differs from shortened time.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation length of service and other labor rights. When applying part-time work, additional leave for irregular working hours is not granted. Reducing the time spent working in harmful and (or) dangerous working conditions may affect the calculation of length of service, which gives the right to annual additional paid leave for work in such conditions (Part 3 of Article 121 of the Labor Code of the Russian Federation).
At the request of a pregnant woman, one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical report, the employer is obliged establish a part-time or part-time work week for them.
Part-time working hours are established for part-time workers according to their combined work. The duration of part-time work for combined work cannot exceed 4 hours per day and 16 hours per week (Article 98, 284 of the Labor Code of the Russian Federation). This restriction is established only for part-time work.