home For men Duration of daily work (shift). The employer is prohibited from establishing the duration of the working day (shift) above that determined by law, except in cases where summarized recording of working time has been introduced

Duration of daily work (shift). The employer is prohibited from establishing the duration of the working day (shift) above that determined by law, except in cases where summarized recording of working time has been introduced

Duration 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, as well as with the written consent of the employee, formalized by concluding a separate agreement with 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 workers engaged in work with harmful and (or) dangerous working conditions, subject to the maximum weekly duration 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, 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 legislation establishes how weekly norm working hours, as well as 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 rules labor regulations or shift schedules for both a 5-day and a 6-day working 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 individual program rehabilitation of a disabled person, developed on the basis of a decision of the authorized body exercising 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 individual categories 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 work time since the labor standard does not coincide with the actual work, the actual work 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.

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 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 a 5-day and a 6-day working week, in compliance with the requirements for the maximum permissible duration of a working day (shift).

Thus, according to Part 1 of Article 94 of the Labor Code of the Russian Federation, the daily 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 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 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. 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. 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, 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.

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 professional education and working during the holidays) from the age of fourteen to fifteen years - 4 hours, from the age of fifteen to sixteen years - 5 hours, from the age of 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.

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 work regime, according to which individual employees 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-type settlements":

In accordance with Article 350 of the 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 the working hours and rest time of 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.

Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more effective use equipment, increasing the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation).
Unfortunately, the Labor Code does not provide a clear limitation on the maximum duration of a work shift. This duration depends, first of all, on the type of recording of working hours (daily, cumulative), and the time of day (work during the day or night). However, there are a number of rules that must be followed.
Duration of work shift, according to general rule, does not differ from the length of the working day and is determined for most workers based on the normal length (40 hours) of working time and the established type of working week (five-day with two days off or six-day with one day off). The legal requirement to provide employees with daily (between shifts) rest (Article 107 of the Labor Code of the Russian Federation) must also be taken into account. Unfortunately, the Labor Code has not defined a specific minimum duration of such rest, but according to established practice, it (together with the lunch break), as a rule, should not be less than twice the duration of work on the day (shift) preceding the rest. The requirements of Art. 94 of the Labor Code of the Russian Federation establishing the duration of the work shift for certain categories of workers (minors, disabled people, etc.), and all other special norms of the Labor Code. Thus, for medical workers, a reduced working time of no more than 39 hours per week is established. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government of the Russian Federation. Now the Order of the USSR Ministry of Health of December 12, 1940 No. 584 “On the duration of working hours for medical workers” is still in force (see also question No. 3324).

All of the above rules can be defined in one term - the daily or weekly working hours established for this category of workers. There are exceptions to it, both in the direction of reduction and possible increase.
1) Work at night (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 (night shift) is reduced by one hour. A night shift is considered to be one in which more than half of its duration occurs at night. However, this rule does not apply to employees for whom a reduction in working hours is already provided (see Article 92 of the Labor Code of the Russian Federation “Reduced working hours”, according to which working hours for medical workers are reduced, Part 1 of Article 350 of the Labor Code of the Russian Federation). The duration of work is not reduced even when a person is hired specifically to perform work only at night, unless otherwise provided by the collective agreement (for example, doctors on duty hired only at night).
The duration of night work is equalized with day work in cases where this is necessary due to production conditions, in particular in continuous production, as well as in shift work with a 6-day work week with one day off. The list of specified works may be fixed by a collective agreement, an order of the head of the organization or other local regulations.
2) Exceeding is possible with the introduction of summarized working time recording in an organization. According to Art. 104 of the Labor Code of the Russian Federation in organizations or when performing certain types of work, where, due to production (work) conditions, the daily or weekly working hours established for a given category of workers cannot be observed, the introduction of summarized accounting is allowed; at the same time, the duration of working hours for the accounting period (month, quarter and others, but not more than 1 year) should not exceed the normal number of working hours.
The procedure for maintaining summarized records is established by internal labor regulations. The employee is given a shift schedule, for example, he goes to work every other day, two or three days, and a shift with total accounting, as a rule, should not exceed 10-12 hours (formally it can last 24 hours).

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.

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

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

Comments to Art. 94 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 that manages federal medical and social examination institutions. 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. When working overtime, the actual time worked will be more than the norm established by law.

Decree of the Government of the Russian Federation of April 28, 2007 N 252 approved. A 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, the specifics of their labor activity are established by the Labor Code.

Diagnostics and diseases. Medicines from A to Z

Duration of daily work (shift). The employer is prohibited from establishing the duration of the working day (shift) above that determined by law, except in cases where summarized recording of working time has been introduced

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

Comments to Art. 94 Labor Code of the Russian Federation