91. The concept of working time. Normal working hours

Work time- the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working time. (in ed. federal law dated 30.06.2006 N 90-FZ)

Normal working hours may not exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of generating public policy and legal regulation in the sphere of labor. (Part 3 was introduced by Federal Law No. 157-FZ of July 22, 2008)

The employer is obliged to keep records of the time actually worked by each employee.

Article 92. Reduced hours of work

Reduced working hours are set:

for employees under the age of sixteen - no more than 24 hours a week;

for employees aged sixteen to eighteen years - no more than 35 hours per week;

for employees who are disabled people of group I or II - no more than 35 hours a week;

for employees whose working conditions at their workplaces, according to the results of a special assessment of working conditions, are classified as harmful conditions labor 3 or 4 degree or dangerous working conditions - no more than 36 hours a week. (as amended by Federal Law No. 421-FZ of December 28, 2013) (part one as amended by Federal Law No. 90-FZ of June 30, 2006)

The length of working time for a specific employee is established by an employment contract on the basis of an industry (inter-sectoral) agreement and a collective agreement, taking into account the results of a special assessment of working conditions. (Part two was introduced by Federal Law No. 421-FZ of December 28, 2013)

On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, drawn up by concluding a separate agreement to the employment contract, the working hours specified in paragraph five of part one of this article may be increased, but not more than up to 40 hours per week with the payment to the employee of a separately established monetary compensation in the manner, amount and on the terms established by sectoral (intersectoral) agreements, collective agreements. (Part three was introduced by Federal Law No. 421-FZ of December 28, 2013)

The length of working hours of students of organizations engaged in educational activities, under the age of eighteen, working during the academic year in their free time from education, may not exceed half of the norms established by part one of this article for persons of the corresponding age. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 185-FZ of 02.07.2013)

This Code and other federal laws may establish reduced working hours for other categories of employees (pedagogical, medical and other employees). (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 93. Part-time work

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with a medical certificate issued in the procedure established by federal laws and other regulatory legal acts of the Russian Federation. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Article 94. Duration of daily work (shift)

Duration daily work(shift) cannot exceed:

for employees aged fifteen to sixteen - 5 hours, for those aged 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, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours; (as amended by Federal Law No. 185-FZ of July 2, 2013)

for the disabled - in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

For workers employed in work with harmful and (or) hazardous conditions work, where a reduced working time is established, the maximum allowable 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, drawn up by concluding a separate agreement to the employment contract, may provide for an increase in the maximum allowable duration of daily work (shift) in comparison with the duration of daily work (shift) established by part second 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 - three of article 92 of this Code:

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

with a 30-hour work week or less - up to 8 hours. (Part three as amended by Federal Law No. 421-FZ of December 28, 2013)

The duration of the daily work (shift) of creative workers of 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, in accordance with the lists jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social labor relations, may be established by a collective agreement, a local normative act, an employment contract. (Part four was introduced by Federal Law No. 90-FZ of 30.06.2006) (as amended by Federal Law No. 13-FZ of 28.02.2008)

Article 95

The duration of the working day or shift immediately preceding a non-working 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 the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work.

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

Article 96. Night work

Night time is from 22:00 to 06:00.

The duration of work (shift) at night is reduced by one hour without subsequent working off. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

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 for work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. List specified works may be determined by a collective agreement, a local normative act.

To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night. (as amended by Federal Laws No. 97-FZ of 24.07.2002, No. 90-FZ of 30.06.2006)

The procedure for work at night of creative workers of 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, 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, may be established by a collective agreement, a local normative act, an employment contract. (Part six as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008)

Article 97. Work outside the established duration of working hours

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer has the right, in accordance with the procedure established by this Code, to involve an employee in work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, employment contract (hereinafter referred to as the working hours established for the employee):

Chapter 16

Article 100. Working hours

The working time regime should provide for the duration of the working week (five-day with two days off, six days with one day off, working week with the provision of days off on a rotating schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time work (shifts), start and finish times, work breaks, number of shifts per day, alternation of workers and non-working days which are established by the internal labor regulations in accordance with labor law and other normative legal acts containing norms labor law, collective agreement, agreements, and for employees whose working hours differ from general rules established by this employer - by an employment contract.

Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.

Article 101. Irregular working day

Irregular working hours - a special mode of work, in accordance with which individual workers may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside of their working hours. 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.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 102. Work in the regime of flexible working hours

When working in flexible working hours, the beginning, end or total length of the working day (shift) is determined by agreement of the parties.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, and others).

Article 103. Shift work

Shift work - work in two, three or four shifts - is introduced in cases where the duration production process exceeds the permissible duration of daily work, as well as for the purpose of more effective use equipment, increase the volume of products or services provided.

During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Shift schedules are communicated to employees no later than one month prior to their entry into force.

Working two shifts in a row is prohibited.

Article 104

When, according to the conditions of production (work), individual entrepreneur, in the organization as a whole or when performing certain types work, the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period (month, quarter and other periods) do not exceed the normal number of working hours. The accounting period cannot exceed one year.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The normal number of working hours for the accounting period is determined on the basis of the weekly working hours established for this category of employees. For employees working part-time (shift) and (or) part-time working week, the normal number of working hours for the accounting period is reduced accordingly.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The procedure for introducing the summarized accounting of working time is established by the internal labor regulations.

(Part three was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 105. Division of the working day into parts

In those jobs where it is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work. . This division is made by the employer on the basis of local normative act adopted taking into account the opinion of the elected body of the primary trade union organization.

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Labor Code of the Russian Federation

Part three

Section IV. Work time

Article 100. Working hours

The working time regime should provide for the duration of the working week (five-day with two days off, six days with one day off, working week with the provision of days off on a rotating schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time work (shifts), start and end time of work, breaks in work, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.

Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.

Article 101. Irregular working day

Irregular working hours - a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their 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.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

For an employee working on a part-time basis, an irregular working day may be established only if, by agreement of the parties employment contract a part-time working week is established, but with a full working day (shift).
(Part two was introduced by Federal Law No. 125-FZ of June 18, 2017)

Article 102. Work in the regime of flexible working hours

When working in flexible working hours, the beginning, end or total length of the working day (shift) is determined by agreement of the parties.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, and others).

Article 103. Shift work

Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the allowable duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.

During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Shift schedules are communicated to employees no later than one month prior to their entry into force.

Working two shifts in a row is prohibited.

Article 104

When, due to the conditions of production (work) at an individual entrepreneur, in an organization as a whole or in the performance of certain types of work, the daily or weekly working hours, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period (month, quarter and other periods) do not exceed the normal number of working hours. The accounting period cannot exceed one year, and for accounting the working time of employees employed in work with harmful and (or) dangerous working conditions, three months.
(Part one as amended by Federal Law No. 421-FZ of December 28, 2013)

If, for reasons of a seasonal and (or) technological nature, for certain categories of workers employed in work with harmful and (or) dangerous working conditions, the established working hours cannot be observed during an accounting period of three months, the sectoral (intersectoral ) the agreement and the collective agreement may provide for an increase in the accounting period for recording the working time of such employees, but not more than up to one year.
(Part two was introduced by Federal Law No. 152-FZ of June 8, 2015)

The normal number of working hours for the accounting period is determined on the basis of the weekly working hours established for this category of employees. For employees working part-time (shift) and (or) part-time working week, the normal number of working hours for the accounting period is reduced accordingly.
(Part as amended by Federal Law No. 90-FZ of June 30, 2006)

The procedure for introducing the summarized accounting of working time is established by the internal labor regulations.
(Part introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 105. Division of the working day into parts

In those jobs where it is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work. . Such a division is made by the employer on the basis of a local regulatory act, adopted taking into account the opinion of the elected body of the primary trade union organization.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Labor Code of the Russian Federation

• Labor Code of the Russian Federation - table of contents
  • Chapter 1. Basic principles of labor legislation
  • Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations
  • Chapter 3. General Provisions
  • Chapter 4. Representatives of employees and employers in social partnership
  • Chapter 5. Bodies of social partnership
  • Chapter 6 Collective Bargaining
  • Chapter 7. Collective agreements and agreements
  • Chapter 8. Participation of employees in the management of the organization
  • Chapter 9. Responsibility of the parties to the social partnership
  • Chapter 10. General provisions. Labor contract
  • Chapter 11. Conclusion of an employment contract
  • Chapter 12. Changing the employment contract
  • Chapter 13. Termination of an employment contract
  • Chapter 14. Protection of personal data of an employee
  • Chapter 15. General provisions. Work time
  • Chapter 16
  • Chapter 17. General provisions. Time relax
  • Chapter 18 Weekends and non-working holidays
  • Chapter 19 Annual paid holidays
  • Chapter 20. General provisions. Pay and labor regulation
  • Chapter 21 Pay and labor regulation
  • Chapter 22 Pay and labor regulation
  • Chapter 23. General provisions. Guarantees and compensation
  • Chapter 24
  • Chapter 25. Guarantees and compensations to employees in the performance of state or public duties
  • Chapter 26. Guarantees and compensations for employees combining work with education
  • Chapter 27. Guarantees and compensations to employees related to the termination of an employment contract
  • Chapter 28. Other guarantees and compensations
  • Chapter 29 Labor schedule. Labor discipline
  • Chapter 30 Labor schedule
  • Chapter 31 Training and additional professional education of employees
  • Chapter 32
  • Chapter 33 Occupational Safety and Health
  • Chapter 34. Labor protection requirements
  • Chapter 35
  • Chapter 36
  • Chapter 37 Liability of the parties to the employment contract
  • Chapter 38
  • Chapter 39
  • Chapter 40. General provisions. Features of labor regulation of certain categories of workers
  • Chapter 41
  • Chapter 42
  • Chapter 43