Duration of daily shift work for certain categories of workers. The employer is prohibited from setting the length of the working day (shift) above that specified by law, except in cases where a summarized accounting of working hours has been introduced.

Article 94 of the Labor Code of the Russian Federation:

The duration of daily work (shift) cannot exceed:

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

For persons receiving general education or secondary vocational education and combining during school year education with work, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours;

For the disabled - in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation.

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are 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-sectoral) 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 work week - up to 12 hours;

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

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 and labor relations, may be established by a collective agreement, a local normative act, employment contract.

Decree of the Government of the Russian Federation of April 28, 2007 N 252 "On approval of the list of professions and positions of creative workers in the media, cinematography organizations, television and video 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 established by the Labor Code of the Russian Federation"

Article 95 of the Labor Code of the Russian Federation:

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.

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

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.

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. The list of the specified works can be determined by the collective agreement, the local normative act.

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 employees, 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.

Article 101 of the Labor Code of the Russian Federation:

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.

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

When, according to the conditions of production (work), individual entrepreneur, in the organization as a whole or in the performance of 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 allowed to introduce a summarized accounting of working hours so that the duration of working time 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 accounting the working time of employees employed 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 years may be established by collective agreements, agreements, local regulations subject to compliance with the maximum weekly working hours established by the first part 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 those temporarily sent or seconded) specified in clause 5 of the first part 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 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:

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

Clause 13 of the Regulation "On the peculiarities of the regime of working hours and rest time for employees of the floating composition of inland waterway transport", approved by Order of the Ministry of Transport of the Russian Federation of 16.05.2003 N 133:

13. The maximum allowable duration of the daily work (shift) of a seafaring employee, including the time of keeping shifts (works), performing, along with their duties, work for the missing employee in the state and performing additional work, not included in the circle of its lines official duties should not exceed 12 hours.

“Features of the regime of working time and rest time, working conditions of certain categories of workers in public railway transport, whose work is directly related to the movement of trains” (approved by Order of the Ministry of Transport of Russia dated 09.03.2016 N 44)

Clause 6 of the Regulations “On the peculiarities of the working hours and rest periods of 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 conditions of production at individual sites (objects of work), the work schedule may set the duration of a work shift to not more than 12 hours.

Clauses 7, 9 - 12 of the Regulation "On the peculiarities of the regime of working hours and rest time for car drivers" (approved by Order of the Ministry of Transport of Russia dated 20.08.2004 N 15):

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

9. With the summarized accounting of working time, the duration of the 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, during intercity transportation, the driver must be given the opportunity to reach the appropriate place of rest, the duration of daily work (shift) may be increased to 12 hours.

11. With the summarized accounting of working time for drivers working on regular city and suburban bus routes, the duration of daily work (shift) can be increased by the employer up to 12 hours in agreement with the representative body of employees.

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

1.1. Centers for the Prevention and Control of AIDS, organizations and specialized healthcare organizations designed to treat AIDS patients 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;

paramedical personnel involved in the treatment and direct care of AIDS patients and HIV-infected people;

junior medical personnel engaged in the care and maintenance of AIDS patients and HIV-infected people;

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

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

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

paramedical personnel 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 while caring for them and doing other work;

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

1.3. Laboratories (departments, departments, groups) of healthcare organizations and the State Sanitary and Epidemiological Service that carry out laboratory diagnostics of HIV infection

Doctors (including heads of organizations and their departments) who conduct 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 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 subdivisions

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

1.5. Research and production associations, enterprises (manufacturing) and their structural subdivisions for the manufacture of medical immunobiological preparations

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

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

Paragraph 4 and paragraph 11 of the Regulations on the peculiarities of the working hours and rest periods of crew members from among the civilian personnel of border patrol vessels, boats (approved by Order of the Federal Security Service of the Russian Federation of 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 schedule of watches (works) is established.

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

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

Working time requires a strict regime and taking into account its duration at each individual enterprise. Therefore, in legal regulation working time, a special place is occupied by methods of building a regime and taking into account the duration of working time.

The mode of work or working time is a certain order of distribution of the norm of time, in particular, its beginning, end and breaks in work.

The mode of work includes a certain duration of working time for the corresponding period: working week, working day, working shift, division of working time into parts, irregular working time, night work, overtime work, duty and accounting of working time. All these concepts will be disclosed in more detail in the legal aspect in the second section of our work. In the meantime, let's touch on them in order to approach the topic of shifts in the working mode.

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

Overtime work in the case of summarized accounting of working time is work in excess of the established working hours for the accounting period. Under current law, overtime work is generally prohibited. In the event that employees are involved in overtime work in exceptional cases provided for by law, limiting norms are set - four hours for two consecutive days and 120 hours per year for each employee. Overtime pay is increased. Employees who have entered into an employment contract with the condition of part-time work cannot generally be involved in overtime work. They can be involved in work in excess of the established norm of working hours, with the consent of the parties, only on the basis of mutual agreement with payment for work leaving the usual (single) rates.

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

A working day is the statutory working time during the day. The duration of daily work at a particular enterprise (in an institution, organization) is determined by the rules of internal work schedule or shift schedules in the case of shift work.

A work shift is the length of working time throughout the day according to a work schedule or schedule. Shift schedules are approved for "daily" shift work during the day (days). Shift schedules can be two- or three-shift, and in continuously operating enterprises - and four-shift. Shift schedules are provided to employees for review, as a rule, no later than 1 month before they are put into effect. Transition from one shift to another, as a rule, should be carried out every working week at the hours determined by the shift schedules.

By the beginning of work, each employee is obliged to mark his arrival at work, and at the end of the working day (shift) - his departure from work in the manner established by the enterprise. In continuously operating industries, employees are prohibited from leaving work until the shifter arrives (according to the Typical Internal Labor Regulations).

special kind working hours is a mode of work with the distribution of the working day into parts. The distribution of the working day into parts is provided for by Article 105 of the Labor Code of the Russian Federation and means the possibility of establishing a break in work for more than two hours. Two hours is the duration of the break, which allows it to be qualified as a break for meals and rest. The division of working time into parts is established for city transport drivers and livestock workers (feeding, milking cows, etc.). The possibility of dividing the working day into parts is provided for by a number of normative acts regulating the question of working time and rest time in certain areas of the national economy.

From point of view practical application the norms of labor legislation, most of all problems arise in the regulation of working hours with a summarized account of its duration. As a rule, summarized accounting is used for "daily" shift work.

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

A shift for employees aged 15 to 16 cannot exceed 5 hours, for minors aged 16 to 18 - 7 hours, for children aged 14 to 16 who combine work with study - 2.5 hours.

As mentioned above, the working hours of employees with a summarized accounting of working hours are regulated by shift schedules (Articles 103-104 of the Labor Code of the Russian Federation), which are drawn up in advance for the entire accounting period based on the fulfillment of the established norm of working hours for this period. In the schedules (or in the order on the introduction of the mode of work according to the schedule) it is noted: the start time, end and duration of daily work (shift), time for breaks for rest and eating, as well as the time for inter-shift and weekly rest.

Shift schedules are actually a time sheet, only drawn up before the start of the accounting period and without taking into account some deviations: absenteeism, unscheduled vacations, illness, etc.

When scheduling work responsible person, no doubt, should take into account: the existing schedule of annual planned holidays, the list of employees who are sick at the time of drawing up the schedule, the list of employees who are on vacation in connection with training at higher educational institutions, as well as the volume of tasks assigned to the unit by the management of the enterprise.

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

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

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

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

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

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

Table 1

Duration of shifts with a two-shift shift schedule

the date

Shift time 8-17 11-20

Change A

Change B

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

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

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

Picture 1

Intraday peak load coverage schedule for 2-shift operation

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

table 2

Duration of shifts with a three-shift shift schedule

the date

Change A

Change B

Change C

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

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

The average working time per employee is 42 hours per week. With a shift of 10 people, the average monthly resource will be 7200 people / hour.

The advantages of the 4-shift schedule are the maximum realization of the potential of production capacities, the prompt fulfillment of applications, orders due to the processing of the volume of orders received during the previous day by the night shift, as well as the possibility of ensuring a continuous process of processing the flow of goods or the production process.

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

Table 3

Duration of shifts with a four-shift shift schedule

the date

Change A

Change B

Change C

Change D

D - day shift from 08.00 to 21.30, H - night shift from 21.00 to 08.30

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The duration of daily work (shift) cannot exceed:

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

for persons receiving general education or secondary vocational education and 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;

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.

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are 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.

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

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

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 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.

Comments to Art. 94 Labor Code of the Russian Federation

1. Legislation establishes both the weekly norm of working time and the duration of daily work for certain categories of workers, i.e. the maximum allowable duration of daily work for a particular employee (group of employees) during the day.

The duration of working time for a particular 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 both for 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 allowable length of the working day (shift).

3. For disabled persons, 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 solution authorized body guiding federal agencies medical and social expertise. It is mandatory for organizations regardless of their organizational and legal form (Article 11 of the Law "On the 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 allowable duration of daily work (shift) is fixed by federal laws.

5. Limitation by law (or on its basis) of the length of working time is necessary not only to determine the measure of labor, but also to protect the right to rest of the employee. Therefore, in some cases, the legislation refers to working time some breaks in the process of work, for example, for heating at cold work, 3-5-minute breaks for rest at intensive conveyor work, breaks for feeding a child under the age of 1.5 years, etc. These breaks are paid according to average earnings. In such cases, working time as a labor norm does not coincide with the actual time worked - the actual time will be less. During overtime work, the actual hours 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 for 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 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 the labor activity of which are established by the Labor Code.

7. Order of the Ministry of Railways of Russia dated March 5, 2004 N 7 approved. Regulations on the peculiarities of the regime of working hours and rest time, working conditions of certain categories of railway workers directly related to the movement of trains.

ST 94 of the Labor Code of the Russian Federation.

The duration of daily work (shift) cannot exceed:

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

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are 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.

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

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 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.

Commentary on Art. 94 of the Labor Code of the Russian Federation

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

2. The maximum norms for the duration of daily work (shift) established by part 1 of the commented article for underage workers are mandatory for employers who are not entitled to exceed them. Similarly, the duration of daily work determined for a disabled person by a medical certificate cannot be exceeded.

3. When regulating the duration of the daily work of workers employed in jobs with harmful and (or) dangerous working conditions, the Labor Code of the Russian Federation expanded the rights of participants in the social partnership, establishing in part 3 of the commented article the possibility of increasing the duration of daily work (shift) in comparison with the established by law by making relevant norm into a collective agreement and an industry (inter-sectoral) agreement. This possibility is allowed under certain conditions: a) the limit of weekly working hours established for this category of workers (part 1 of article 92 of the Labor Code of the Russian Federation) must be observed; b) observance of hygienic standards of working conditions is required. An increase in the duration of a shift for a particular employee is possible only with his written consent, drawn up through a separate agreement to the employment contract. Consent to extend the shift can be issued both at the conclusion of 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. The lists of jobs, professions, 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 may be established by a collective agreement, a local normative act, an employment contract. The working hours per week for the creative workers listed in part 3 of the commented article must correspond to general rules established by Art. Art. 91 and 92 of the Labor Code of the Russian Federation.

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

5. Special rules on the length of working hours have been established for persons working part-time (see Article 284 of the Labor Code of the Russian Federation 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 the performance of labor duties at the main place of work, he can work part-time full-time (shift). Moreover, the duration of working hours when working part-time for one month (another accounting period) should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. 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 the main place of work due to a delay in payment wages for more than 15 days or suspended from work in accordance with Part. h. 2 and 4 Article. 73 of the Labor Code of the Russian Federation.

For some categories of employees, the law allows for an increase in the duration of part-time work. For medical workers of healthcare organizations living and working in rural areas and in urban-type settlements, the duration of part-time work may increase by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and the all-Russian association of employers (part 2 of article 350 of the Labor Code of the Russian Federation) . Decree of the Government of the Russian Federation of November 12, 2002 N 813 "On the duration of part-time work in health care organizations of medical workers living and working in rural areas and in urban-type settlements" established that the duration of part-time work in health care organizations of 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.

Full text of Art. 94 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under article 94 of the Labor Code of the Russian Federation.

The duration of 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 educational programs and educational programs of secondary vocational education those who combine 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;
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.
For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are 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.

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 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.

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.

First, the legislator limits the duration of the daily work shift for workers under the age of 18.

Underage workers are divided into two groups: from 14 to 16 and from 16 to 18 years.

For employees 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 are talking about employees from 15 years old, and work according to the rules of labor legislation is allowed from 14 years old.

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 employees who combine 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 employees aged 14 to 16, the duration of the work shift should be no more than 2 hours.

For minor workers aged 16 to 18, the duration of daily work should not exceed 7 hours during the period when they do not receive training in basic general education programs and educational programs of secondary vocational education. During the academic 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 employees aged 16 to 18 during the academic year is no more than 17 hours, then with daily work for 4 hours, one of the working days should be no more than 1 hour long.

It should be noted that Resolution No. 1 of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 states that for employees under the age of eighteen who enter work after receiving general education or secondary vocational education, as well as past professional education in production, at the expense of the employer, reduced production rates and additional payments to wages can be established (see Art. Art. 270, 271 of the Labor Code of the Russian Federation). Evidence confirming the actual duration of the working time of a minor employee is: an employment contract; working time schedule; time sheet; pay slips; documentary and electronic means of recording working time; other evidence that meets the requirements of relevance and admissibility, provided for by Art. Art. 59 and 60 Code of Civil Procedure of the Russian Federation.

Secondly, the legislator established restrictions on daily duration working hours for the disabled. Recall that the total duration of 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 the disabled, the legislator has given the authority to establish such duration medical institutions. Thus, it seems that medical institutions and organizations, when issuing relevant medical certificates, should indicate in them the maximum duration of the daily work shift for each employee individually. At the same time, approved by the order of the Ministry of Health and Social Development of the Russian Federation of May 2, 2012 N 441n The procedure for issuing medical organizations certificates and medical reports does not establish any criteria for determining and establishing the duration of daily work for disabled workers. The provisions of the Federal Law "On the Social Protection of the Disabled in the Russian Federation" also do not provide for a procedure for limiting the duration of the daily work shift for this category of workers.

Based on the established total length 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 for a five-day working week and no more than 6 hours for a six-day working week with a reduction in the last working day before the day off day for one hour.

Thirdly, the reduced duration of the work shift is established for workers employed in work with harmful and (or) dangerous working conditions, where the reduced duration of working time is established.

However, in accordance with part 3 of the commented article, the indicated working hours can be increased to 12 or 8 hours, respectively, if this is provided for by the industry (inter-sectoral) agreement and the collective agreement, as well as with the written consent of the employee, drawn up by concluding a separate agreement to the labor contract. In this case, the employee is entitled to the payment of a separately determined monetary compensation in the manner, amount and on the terms established by sectoral (inter-sectoral) agreements, collective agreements.

2. As a special category of workers, the legislator singles out creative workers various organizations(mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses), as well as other persons involved in the creation and (or) performance (exhibition) of works.

For a number of such employees, the duration of daily work or shift is established by a collective agreement, LNA or an employment contract with each employee individually.

The list of jobs, professions, positions of employees of the above 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 commentary on Art. 94 Labor Code of the Russian Federation

1. The Labor Code does not contain a general rule 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 the internal labor regulations. The commented article contains limiting 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 a reduced working time.

2. The maximum norms for the duration of daily work (shift), established by part 1 of the commented article for minor workers, are mandatory for employers who are not entitled to exceed them. Similarly, 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 employed in jobs with harmful and (or) dangerous working conditions, the Labor Code expanded the rights of participants in the social partnership by establishing in part 3 of the commented article the possibility of increasing the duration of daily work (shift) in comparison with the established by law by introduction of the relevant norm into the collective agreement and industry (inter-sectoral) agreement. This possibility is allowed under certain conditions: a) the limit of weekly working hours established for this category of workers (part 1 of article 92 of the Labor Code) must be observed; b) observance of hygienic standards of working conditions is required. An increase in the duration of a shift for a particular employee is possible only with his written consent, drawn up through a separate agreement to the employment contract. Consent to extend the shift can be issued both at the conclusion of 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. The lists of jobs, professions, 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 may be established by a collective agreement, a local normative act, an employment contract. The length of working time per week for creative workers listed in part 3 of the commented article must comply with the general rules established by Art. Art. 91 and 92 TK.

5. Special rules on the length of 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 the performance of labor duties at the main place of work, he can work part-time full-time (shift). Moreover, the duration of working hours when working part-time for one month (another accounting period) should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. The specified restrictions on working hours when working part-time do not apply in cases where the employee at the main place of work has suspended work due to a delay in the payment of wages for more than 15 days or has been suspended from work in accordance with Parts 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. For 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 the 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 health care organizations of medical workers living and working in rural areas and in urban-type settlements" established that the duration of part-time work in health care organizations of 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.

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