Chapter 15. GENERAL PROVISIONS
Article 91. Concept of working time. Normal working hours
Working time is the time during which an employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulations legal acts refer to working time.
Normal working hours cannot exceed 40 hours per week. The employer is required to keep records of the time actually worked by each employee.
Article 92. Shortened working hours
Normal working hours are reduced by:
16 hours per week - for workers under the age of sixteen; 5 hours per week - for employees who are disabled people of group I or II; 4 hours per week - for workers aged sixteen to eighteen years; 4 hours a week or more - for workers engaged in work with hazardous and (or) dangerous conditions labor, in the manner established by the Government Russian Federation. Working hours for students educational institutions under the age of eighteen, working during the academic year in free time from study, cannot exceed half of the norms established by part one of this article. Federal law may establish reduced working hours for other categories of workers (teaching, medical and other workers).
Article 93. Part-time work
By agreement between the employee and the employer, a part-time or part-time work week may be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a patient family member in accordance with a medical report.
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed. Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
Article 94. Duration of daily work (shift)
The duration of daily work (shift) cannot exceed:
For workers aged fifteen to sixteen years - 5 hours, for workers aged sixteen to eighteen years - 7 hours; for students educational institutions, educational institutions of primary and secondary vocational education those who combine study and work during the academic year, from the age of fourteen to sixteen years - 2.5 hours, from the age of sixteen to eighteen years - 3.5 hours; for disabled people - in accordance with a medical report. For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed: for a 36-hour work week - 8 hours; with a 30-hour work week or less - 6 hours. For creative workers of cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses, media, professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation, the duration of daily work (shift) can be established in accordance with with laws and other regulatory legal acts, local regulations, collective agreement or employment contract.
Article 95. Duration of work on the eve of non-working holidays and weekends
Duration of the working day or shift immediately preceding the non-working day holiday, is reduced by one hour.
In continuously operating organizations and certain types 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 consent of the employee, payment according to the standards established for overtime. On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.
Article 96. Night work
Night time is the time from 22:00 to 6:00.
The duration of work (shift) at night is reduced by one hour. 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 during the day in cases where this is necessary due to working conditions, as well as for 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. The following are not allowed to work at night: pregnant women; disabled people; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under five years of age without a spouse , as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical certificate. At the same time, these employees must be informed in writing of their right to refuse to work at night. The night work procedure for creative workers of cinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local a regulatory act or an agreement of the parties to an employment contract.
Article 97. Work outside normal working hours
Work outside normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime).
Article 98. Work outside normal working hours at the initiative of the employee (part-time work)
At the request of the employee, the employer has the right to allow him to work under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours as part-time work.
The employee has the right to conclude employment contract with another employer to work on an external part-time basis, unless otherwise provided by this Code or other federal laws. Work outside normal working hours cannot exceed four hours per day and 16 hours per week. Internal part-time work is not permitted in cases where reduced working hours are established, with the exception of cases provided for by this Code and other federal laws.
Article 99. Work outside normal working hours at the initiative of the employer (overtime work)
Overtime work is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period.
Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases: 1) when performing work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate the consequences of an industrial accident or natural disaster; 2) in social production necessary work for water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning; 3) if necessary, perform (finish) the work begun, which due to an unexpected delay in technical specifications production could not be completed (finished) during the normal number of working hours, if failure to perform (non-completion) of this work could lead to damage or destruction of the employer’s property, state or municipal property, or create a threat to the life and health of people; 4) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers; 5) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee. In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization. Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with federal law. Involving disabled people and women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse overtime work. Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. The employer is required to ensure accurate records of overtime work performed by each employee.
Chapter 16. WORKING HOURS
Article 100. Working hours
The working time regime should provide for the length of the working week (five-day with two days off, six-day with one day off, work week with days off on a sliding schedule), work with irregular working hours for certain categories of workers, duration of daily work (shift), time the beginning and end of work, the time of breaks in work, the number of shifts per day, the alternation of working and non-working days, which are established by a collective agreement or the internal labor regulations of the organization in accordance with this Code, other federal laws, a collective agreement, and agreements.
Features of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.
Article 101. Irregular working hours
Irregular working hours - special treatment work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.
Article 102. Working in flexible working hours
When working in flexible working hours, the beginning, end or total duration of the working day is determined by agreement of the parties.
The employer ensures that the employee works 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 efficient use of equipment, increasing the volume of products or services provided.
When working in shifts, each group of workers must work within 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. Shift schedules are usually an annex to the collective agreement. Shift schedules are brought to the attention of employees no later than one month before they come into force. Working two shifts in a row is prohibited.
Article 104. Summarized recording of working time
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, it is allowed to introduce summarized recording of working time so that the working time for the accounting period (month) , quarter and others) did not exceed the normal number of working hours. The accounting period cannot exceed one year.
The procedure for introducing summarized recording of working time is established by the internal labor regulations of the organization.
Article 105. Division of the working day into parts
In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout 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 a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.
Chapter 10. GENERAL PROVISIONS
Article 56. Concept of an employment contract. Parties to the employment contract
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations and this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal labor regulations in force for this employer. (Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)
The parties to the employment contract are the employer and the employee.
Article 57. Contents of the employment contract
The employment contract specifies:
surname, name, patronymic of the employee and name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
information about documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - place of work indicating the separate structural unit and its location;
labor function (work according to position in accordance with staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If, in accordance with federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation;
the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer);
compensation for hard work and work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
a condition on compulsory social insurance of the employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If, when concluding an employment contract, it did not include any information and (or) conditions from those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or for its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, in particular:
on clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
about the test;
on non-disclosure of secrets protected by law (state, official, commercial and other);
on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and his family members;
on clarification, in relation to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements . Failure to include any of the specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Article 58. Duration of the employment contract
Employment contracts can be concluded:
1) on not certain period;
2) for a certain period of not more than five years (fixed-term employment contract), unless a different period is established by this Code and other federal laws.
A fixed-term employment contract is concluded when labor Relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for by this Code. In the cases provided for by this Code, a fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be performed and the conditions for its implementation. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.
In the event that neither party has requested termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period. (Part four as amended by Federal Law No. 90-FZ of June 30, 2006)
An employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period. (as amended by Federal Law No. 90-FZ of June 30, 2006)
It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 59. Fixed-term employment contract
(as amended by Federal Law No. 90-FZ of June 30, 2006)
A fixed-term employment contract is concluded:
for the duration of the performance of the duties of an absent employee, whose place of work is retained in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract;
for the duration of temporary (up to two months) work;
to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season);
with persons sent to work abroad;
for carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;
with persons entering work in organizations created for a predetermined period or to perform a predetermined job;
with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;
to perform work directly related to the internship and professional training of the employee;
in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in bodies state power and local government bodies, political parties and other public associations;
with persons sent by employment services to temporary work and public works;
with citizens sent to perform alternative civil service;
By agreement of the parties, a fixed-term employment contract may be concluded:
with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services- 20 people);
with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;
with persons applying for work in organizations located in the regions Far North and equivalent areas, if this is related to moving to a place of work;
to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;
with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;
with creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of works, professions, positions of these workers, approved The Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations;
with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;
with persons studying full-time;
with persons applying for part-time work;
in other cases provided for by this Code or other federal laws.
Article 60. Prohibition to demand performance of work not stipulated by the employment contract
It is prohibited to require an employee to perform work not stipulated by an employment contract, except for cases provided for by this Code and other federal laws.
Article 60.1. Part-time work
An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job).
The specifics of regulating the labor of persons working part-time are determined by this Code.
Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract
(introduced by Federal Law No. 90-FZ of June 30, 2006)
With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (this Code).
Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.
Article 61. Entry into force of an employment contract
An employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise established by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative. (as amended by Federal Law No. 90-FZ of June 30, 2006)
The employee is obliged to begin performing his job duties on the date specified in the employment contract.
If the employment contract does not specify the start date of work, the employee must begin work on the next working day after the contract enters into force. (as amended by Federal Law No. 90-FZ of June 30, 2006)
If the employee does not start work on the start day of work established in accordance with part two or three of this article, then the employer has the right to cancel the employment contract. A canceled employment contract is considered unconcluded. Cancellation of an employment contract does not deprive the employee of the right to receive benefits for compulsory social insurance in the event of an insured event during the period from the date of conclusion of the employment contract until the day of its cancellation. (Part four as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 62. Issuance of copies of documents related to work
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Upon a written application from the employee, the employer is obliged, no later than three working days from the date of filing this application, to provide the employee with copies of documents related to work (copies of an order for employment, orders for transfers to another job, an order for dismissal from work; extracts from the work record book; certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, period of work with a given employer, etc.). Copies of work-related documents must be properly certified and provided to the employee free of charge. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Parts two and three are no longer valid. - Federal Law of June 30, 2006 N 90-FZ.
Chapter 11. CONCLUSION OF AN EMPLOYMENT CONTRACT
Article 63. Age at which it is permissible to conclude an employment contract
The conclusion of an employment contract is allowed with persons who have reached the age of sixteen years.
In cases of receiving basic general education, or continuing to master the program of basic general education in a form of study other than full-time, or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm. their health. (as amended by Federal Law No. 90-FZ of June 30, 2006)
With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student who has reached the age of fourteen to perform light labor in his free time from school that does not harm his health and does not disrupt the learning process. (as amended by Federal Law No. 90-FZ of June 30, 2006)
In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 64. Guarantees when concluding an employment contract
Unreasonable refusal to conclude an employment contract is prohibited.
Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence (including including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for by federal law. (as amended by Federal Law No. 90-FZ of June 30, 2006)
It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.
It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work.
At the request of a person who is refused to conclude an employment contract, the employer is obliged to provide the reason for the refusal in writing.
Refusal to conclude an employment contract can be appealed in court. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 65. Documents presented when concluding an employment contract
When concluding an employment contract, a person applying for work presents to the employer:
passport or other identity document;
work book, with the exception of cases when an employment contract is concluded for the first time or an employee starts working on a part-time basis;
insurance certificate of state pension insurance;
military registration documents - for those liable for military service and persons subject to conscription for military service;
a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.
In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.
It is prohibited to require from a person applying for a job documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.
When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.
If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)
Article 66. Work record book
The work book of the established form is the main document about the employee’s work activity and length of service.
The form, procedure for maintaining and storing work records, as well as the procedure for producing work record forms and providing them to employers are established by the Government of the Russian Federation.
The employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
The work book contains information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work. Information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.
At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.
Part six is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.
Article 67. Form of employment contract
The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)
An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work. (as amended by Federal Law No. 90-FZ of June 30, 2006)
When concluding employment contracts with certain categories of workers, labor legislation and other regulatory legal acts containing labor law norms may provide for the need to agree on the possibility of concluding employment contracts or their terms with the relevant persons or bodies that are not employers under these contracts, or to draw up employment contracts in more copies. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 68. Registration of employment
Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.
The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). (as amended by Federal Law No. 90-FZ of June 30, 2006)
When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations and other local regulations directly related to labor activity employee, collective agreement. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 69. Medical examination (examination) upon concluding an employment contract
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Persons under the age of eighteen, as well as other persons in cases provided for by this Code and other federal laws, are subject to mandatory preliminary medical examination (examination) when concluding an employment contract. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 70. Employment test
(as amended by Federal Law No. 90-FZ of June 30, 2006)
When concluding an employment contract, by agreement of the parties, it may include a provision for testing the employee in order to verify his compliance with the assigned work.
The absence of a probationary clause in the employment contract means that the employee was hired without a trial. In the event that an employee is actually allowed to work without drawing up an employment contract (this Code), the probationary clause can be included in the employment contract only if the parties formalized it in the form of a separate agreement before starting work.
During the probationary period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations.
A hiring test is not established for:
persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;
pregnant women and women with children under the age of one and a half years;
persons under the age of eighteen;
persons who have graduated from state-accredited educational institutions of primary, secondary and higher vocational education and are entering work for the first time in the acquired specialty within one year from the date of graduation from the educational institution;
persons elected to elective positions for paid work;
persons invited to work by way of transfer from another employer as agreed between employers;
persons concluding an employment contract for a period of up to two months;
other persons in cases provided for by this Code, other federal laws, and a collective agreement.
The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months, unless otherwise provided by federal law.
When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks.
The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.
Article 71. Result of employment test
If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period by warning him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. The employee has the right to appeal the employer's decision in court. (as amended by Federal Law No. 90-FZ of June 30, 2006)
If the test result is unsatisfactory, the employment contract is terminated without taking into account the opinion of the relevant trade union body and without payment of severance pay.
If the probation period has expired and the employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis.
If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance.
Chapter 12. CHANGING THE EMPLOYMENT CONTRACT
Article 72. Changes in the terms of the employment contract determined by the parties
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Change determined by the parties terms of the employment contract, including transfer to another job, is permitted only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
Article 72.1. Transfer to another job. Moving
(introduced by Federal Law No. 90-FZ of June 30, 2006)
Transfer to another job - permanent or temporary change labor function the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for by this Code.
At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (of this Code).
Relocation from the same employer to another does not require the employee’s consent workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.
It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.
Article 72.2. Temporary transfer to another job
(introduced by Federal Law No. 90-FZ of June 30, 2006)
By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, whose place of work is retained in accordance with the law , - before this employee goes to work. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.
In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases threatening the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to prevent these cases or eliminate their consequences.
Transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is also permitted in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or temporary replacement an absent employee, if downtime or the need to prevent destruction or damage to property or to replace a temporarily absent employee is caused by emergency circumstances specified in part two of this article. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.
When transfers are made in cases provided for in parts two and three of this article, the employee is paid according to the work performed, but not lower than the average earnings for the previous job.
Article 73. Transfer of an employee to another job in accordance with a medical report
(as amended by Federal Law No. 90-FZ of June 30, 2006)
An employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons.
If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work wage the employee is not accrued, except in cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.
If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the appropriate job, the employment contract is terminated in accordance with this Code.
An employment contract with the heads of organizations (branches, representative offices or other separate structural units), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with this Code. The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for the cases provided for by this Code, other federal laws, collective agreements, agreements, and employment contracts.
Article 74. Changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions
(as amended by Federal Law No. 90-FZ of June 30, 2006)
In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function.
The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.
If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
If there is no specified work or the employee refuses the proposed work, the employment contract is terminated in accordance with this Code.
In the event that the reasons specified in part one of this article may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code, to adopt local regulations , introduce a part-time working day (shift) and (or) part-time working week for up to six months.
If an employee refuses to continue working part-time (shift) and (or) part-time week, then the employment contract is terminated in accordance with this Code. In this case, the employee is provided with appropriate guarantees and compensation.
Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.
Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement or agreements.
Article 75. Labor relations when changing the owner of the organization’s property, changing the jurisdiction of the organization, or its reorganization
When the owner of an organization's property changes, the new owner, no later than three months from the date on which his ownership rights arise, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant.
A change in the owner of the organization’s property is not grounds for terminating employment contracts with other employees of the organization.
If an employee refuses to continue working due to a change in the owner of the organization’s property, the employment contract is terminated in accordance with this Code.
When the owner of an organization's property changes, a reduction in the number or staff of employees is allowed only after state registration of the transfer of ownership.
A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, spin-off, transformation) cannot be grounds for terminating employment contracts with employees of the organization. (part five as amended by Federal Law dated June 30, 2006 N 90-FZ)
If the employee refuses to continue working in the cases provided for in part five of this article, the employment contract is terminated in accordance with this Code.
Article 76. Suspension from work
The employer is obliged to remove from work (not allow to work) the employee:
appeared at work in a state of alcohol, drug or other toxic intoxication;
who has not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure;
not passed in the prescribed manner mandatory medical checkup(examination), as well as mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation;
when identifying, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, contraindications for the employee to perform work stipulated by the employment contract;
in case of suspension for a period of up to two months of an employee’s special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of execution the employee's duties under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee's qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health . In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract;
at the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;
in other cases provided for by federal laws and other regulatory legal acts of the Russian Federation. (Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)
The employer suspends the employee from work (does not allow him to work) for the entire period of time until the circumstances that served as the basis for the suspension from work or not being allowed to work are eliminated.
During the period of suspension from work (preclusion from work), the employee’s wages are not accrued, except in cases provided for by this Code or other federal laws. In cases of suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination (examination) through no fault of his own, he is paid for the entire period of suspension from work as idle time. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT
Article 77. General grounds for termination of an employment contract
The grounds for termination of an employment contract are:
1) agreement of the parties (of this Code);
2) expiration of the employment contract (this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;
3) termination of an employment contract at the initiative of the employee (this Code);
4) termination of the employment contract at the initiative of the employer (and this Code);
5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (this Code);
7) the employee’s refusal to continue working due to a change in the terms of the employment contract (this Code) determined by the parties;
8) the employee’s refusal to transfer to another job, necessary for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding job (this Code);
9) the employee’s refusal to be transferred to work in another location together with the employer (of this Code);
10) circumstances beyond the control of the parties (this Code);
11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (this Code). (Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)
An employment contract may be terminated on other grounds provided for by this Code and other federal laws.
Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.
Article 78. Termination of an employment contract by agreement of the parties
An employment contract can be terminated at any time by agreement of the parties to the employment contract.
Article 79. Termination of a fixed-term employment contract
(as amended by Federal Law No. 90-FZ of June 30, 2006)
A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires. (Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)
An employment contract concluded for the duration of a specific work is terminated upon completion of this work. (as amended by Federal Law No. 90-FZ of June 30, 2006)
An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work. (as amended by Federal Law No. 90-FZ of June 30, 2006)
An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season). (Part four as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 80. Termination of an employment contract at the initiative of the employee (at his own request)
An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. (as amended by Federal Law No. 90-FZ of June 30, 2006)
By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.
In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.
Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.
If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.
Article 81. Termination of an employment contract at the initiative of the employer
An employment contract can be terminated by the employer in the following cases:
1) liquidation of the organization or termination of activities individual entrepreneur; (as amended by Federal Law No. 90-FZ of June 30, 2006)
2) reduction in the number or staff of employees of an organization or individual entrepreneur; (as amended by Federal Law No. 90-FZ of June 30, 2006)
3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results; (clause 3 as amended by Federal Law dated June 30, 2006 N 90-FZ)
4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;
6) a single gross violation by an employee of labor duties:
a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts); (as amended by Federal Law No. 90-FZ of June 30, 2006)
b) the employee appears at work (at his workplace or on the territory of the organization - the employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication; (clause “b” as amended by Federal Law No. 90-FZ of June 30, 2006)
c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee; (as amended by Federal Law No. 90-FZ of June 30, 2006)
d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses; (as amended by Federal Law No. 90-FZ of June 30, 2006)
e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences; (as amended by Federal Law No. 90-FZ of June 30, 2006)
7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;
8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;
9) the adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) the employee submits false documents to the employer when concluding an employment contract; (as amended by Federal Law No. 90-FZ of June 30, 2006)
12) has become invalid. - Federal Law of June 30, 2006 N 90-FZ;
13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;
14) in other cases established by this Code and other federal laws.
The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization. (Part four as amended by Federal Law No. 90-FZ of June 30, 2006)
Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)
It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation. (Part six introduced by Federal Law No. 90-FZ of June 30, 2006)
Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer
(as amended by Federal Law No. 90-FZ of June 30, 2006)
When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass dismissal of workers - no later than three months before the start of the relevant measures. The criteria for mass dismissal are determined in sectoral and (or) territorial agreements. (as amended by Federal Law No. 90-FZ of June 30, 2006)
The dismissal of employees who are members of a trade union of this Code is carried out taking into account the reasoned opinion of the elected trade union body of this organization in accordance with Article 373 of this Code.
Dismissal of employees who are members of a trade union on the grounds provided for by this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code. (as amended by Federal Law No. 90-FZ of June 30, 2006)
When conducting certification, which may serve as a basis for dismissal of employees in accordance with this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission. (as amended by Federal Law No. 90-FZ of June 30, 2006)
A collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 83. Termination of an employment contract due to circumstances beyond the control of the parties
The employment contract is subject to termination due to the following circumstances beyond the control of the parties:
1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;
2) reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court;
3) failure to be elected to office;
4) sentencing of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force;
5) recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation; (as amended by Federal Law No. 90-FZ of June 30, 2006)
6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;
7) the occurrence of emergency circumstances that impede the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant subject of the Russian Federation;
8) disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract; (Clause 8 introduced by Federal Law No. 90-FZ of June 30, 2006)
9) expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to manage vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract; (Clause 9 introduced by Federal Law dated June 30, 2006 N 90-FZ)
10) termination of access to state secrets if the work performed requires such access; (Clause 10 introduced by Federal Law No. 90-FZ of June 30, 2006)
11) reversal of a court decision or cancellation (declare illegal) of the decision of the state labor inspectorate to reinstate the employee at work. (Clause 11 introduced by Federal Law dated June 30, 2006 N 90-FZ)
Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9 or 10 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job corresponding to the employee’s qualifications, or a vacant position). lower position or lower paid work) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law
(as amended by Federal Law No. 90-FZ of June 30, 2006)
An employment contract is terminated due to a violation of the rules for its conclusion established by this Code or other federal law (this Code), if violation of these rules excludes the possibility of continuing work, in the following cases: (as amended by Federal Law No. 90-FZ of June 30, 2006)
conclusion of an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;
concluding an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation; (as amended by Federal Law No. 90-FZ of June 30, 2006)
lack of an appropriate education document if the work requires special knowledge in accordance with federal law or other regulatory legal acts;
conclusion of an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract; (as amended by Federal Law No. 90-FZ of June 30, 2006)
in other cases provided for by federal laws. (paragraph introduced by Federal Law of June 30, 2006 N 90-FZ)
In the cases provided for in part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
If a violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
Section 4. Working hours
Chapter 15. General provisions
Note:
For the 2013 production calendar, see Reference Information.
Article 91. Concept of working time. Normal working hours
Working time is the time during which an employee, in accordance with 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 of the Russian Federation, relate to working hours.
Normal working hours cannot 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 duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.
(Part three introduced by Federal Law dated July 22, 2008 N 157-FZ)
The employer is required to keep records of the time actually worked by each employee.
Article 92. Shortened working hours
Shortened working hours are established:
for workers under the age of sixteen - no more than 24 hours a week;
for workers 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 per week;
for workers engaged in work with harmful and (or) dangerous working conditions - no more than 36 hours a week in the manner established 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.
(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)
The length of working time for students of educational institutions under the age of eighteen, who work during the academic year in their free time from school, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers).
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 93. Part-time work
By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
Article 94. Duration of daily work (shift)
The duration of daily work (shift) cannot exceed:
for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;
for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;
(as amended by Federal Law No. 90-FZ of June 30, 2006)
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
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.
A collective agreement may provide for an increase in the duration of daily work (shift) compared to the duration of daily work (shift) established by part two of this article for employees engaged in work with harmful and (or) dangerous working conditions, subject to the maximum weekly working hours time (part one of Article 92 of this Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation.
(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
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.
(Part four was introduced by Federal Law No. 90-FZ of June 30, 2006, as amended by Federal Law No. 13-FZ of February 28, 2008)
Article 95. Duration of work on the eve of non-working holidays and weekends
The length 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 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.
Article 96. Night work
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.
(as amended by Federal Law No. 90-FZ of 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 to work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for 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.
The following are not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in the manner 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 the specified 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 the medical report. 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 dated July 24, 2002 N 97-FZ, dated June 30, 2006 N 90-FZ)
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.
(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated February 28, 2008 N 13-FZ)
Article 97. Work outside the established working hours
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The employer has the right, in the manner established by this Code, to involve an employee in work beyond the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, local regulations, employment contract (hereinafter referred to as the working hours established for the employee):
for overtime work (Article 99 of this Code);
if the employee works on irregular working hours (Article 101 of this Code).
Article 98. Repealed. - Federal Law of June 30, 2006 N 90-FZ.
Article 99. Overtime work
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.
An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:
1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;
2) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;
3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.
An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:
1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;
3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.
In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.
The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.
The employer is required to ensure that each employee's overtime hours are accurately recorded.
Loading...