92 Labor Code of the Russian Federation. Labor Code of the Russian Federation

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

A woman works in a 24-hour supermarket on a 2/2 schedule. In this case, departure for shift can be carried out either at 6:00 in the morning or at 18:00 in the evening. Throughout December 2016, the schedule changed several times, and workers only learned about the changes the day before. In particular, the woman was forced to go to work in New Year's Eve, although according to the schedule she was supposed to rest that day. The situation is similar in January 2016. Is it possible to force the employer to comply labor legislation?

Lawyer's answer:

An employee’s work in shift mode is regulated by an employment contract, work schedule, as well as the norms of the Labor Code of the Russian Federation. According to Art. 103 of the Labor Code of the Russian Federation, the shift schedule must be approved and brought to the attention of employees no later than 1 month before its introduction. At the same time, engaging any employee to work for 2 shifts in a row is unacceptable.

As evidenced by Art. 104 of the Labor Code of the Russian Federation, if when performing certain work operations the established duration of working time cannot be observed, it is necessary to introduce its summarized accounting. This eliminates the excess of working hours for a certain accounting period over the normal number of working hours. In this case, the total duration of the accounting period cannot be more than 1 year. Work activities within the boundaries of a properly organized shift schedule does not entail the formation of overtime hours.

If overtime occurs within the framework of a shift schedule, it can be concluded that the supermarket management is incorrectly applying the shift schedule. According to Art. 152 of the Labor Code of the Russian Federation, overtime hours must be paid in increased size(for the first two hours - in one and a half hours, for the subsequent hours - in double).

At the same time, in accordance with Art. 103 of the Labor Code of the Russian Federation, the duration of overtime work cannot exceed 4 hours for each employee for 2 consecutive days and 120 hours during the year. You can force an employer to comply with labor laws by filing a complaint with the labor inspectorate or the prosecutor's office.

Question

An employee of the State Budgetary Healthcare Institution holding the position of a laboratory technician has a working day from 7:00 to 14:00. Is such an employee entitled to a lunch break, or is he required to work for 7 hours without a break?

Lawyer's answer:

According to Art. 108 of the Labor Code of the Russian Federation, an employee, regardless of the length of the shift, is given breaks intended for rest and nutrition. The duration of such a break is from half an hour to 2 hours. Break time is not included in the total shift duration. It is determined in accordance with internal labor regulations or on the basis of agreements between employees and the employer.

Question

The company is undergoing layoffs, and individual specialists have been notified of this. At the same time, laid-off employees are familiar with the downtime order for 2 months preceding the layoff. In fact, the functions of laid-off employees are transferred to other employees, there is no downtime. All actions are taken only to reduce the volume of payments due to reduction. How can you influence the employer?

Lawyer's answer:

If the employer artificially creates a downtime situation, then such actions are not based on the law. According to Art. 72-2 of the Labor Code of the Russian Federation, employers are obliged to facilitate the transfer of idle personnel to other operations. If it is impossible to make a transfer, downtime due to the fault of employers is subject to payment in the amount of 2/3 of the employee’s average monthly salary (Article 157 of the Labor Code of the Russian Federation). Only downtime due to the fault of staff is not paid, so any equipment breakdowns, lack of orders, etc. the employer should be notified immediately. If management representatives violate the mentioned legal norms, employees should contact the labor inspectorate (Article 356 of the Labor Code of the Russian Federation), the prosecutor's office, or the court (Article 392 of the Labor Code of the Russian Federation).

Question

Almost all of the company's personnel work in shifts. In this regard, I would like to get an answer to the question: is the employer obliged to reduce the last working day of the year, which falls on December 31, by an hour for all staff? How to force the employer to comply with legal requirements in this case?

Lawyer's answer:

In accordance with Art. 95 of the Labor Code of the Russian Federation, indeed, the duration of the working day or shift that precedes non-working holidays is subject to reduction by 1 hour. However, if the work cycles in the organization are continuous (that is, there are no non-working days in the enterprise as a whole), then such a reduction becomes impossible. In this case, overtime on pre-holiday days is subject to compensation by providing employees with additional rest or payment according to the rules that are determined for overtime.

ST 92 Labor Code of the Russian Federation

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 whose working conditions at their workplaces, based on the results special assessment working conditions are classified as harmful conditions labor 3 or 4 degrees or dangerous working conditions - no more than 36 hours per week.

The length of working time for a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding an additional agreement to the employment contract, the working hours specified in paragraph five of part one of this article may be increased, but not more than 40 hours per week with payment to the employee of a separately established monetary compensation in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements.

The length of working time of persons under the age of eighteen who are receiving general education or secondary vocational education and who combine education with work during the academic year cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws Shorter working hours may be established for other categories of workers (teaching, medical and other workers).

Commentary to Art. 92 Labor Code of the Russian Federation

1. Shortened working hours mean work time, reduced compared to normal due to harmful and (or) dangerous working conditions and other features labor activity, as well as in connection with the need for special labor protection for certain categories of workers.

2. The commented article establishes the maximum duration of reduced working hours during a calendar week. The duration of daily work (shift) of persons for whom a shortened working week is established is regulated by Art. 94 Labor Code of the Russian Federation.

3. Working hours for persons under 18 years of age and disabled people of group I or II are reduced regardless of the nature of the work, sector of the economy and other circumstances.

4. For students educational organizations who have reached the age of 14 and work during the academic year in their free time (Article 63 of the Labor Code of the Russian Federation), working hours cannot exceed: for workers under the age of 16 - 12 hours. per week, aged 16 to 18 years - 17 hours. 30 min. in Week.

5. Rules for reducing the working hours of persons employed in hazardous and hazardous work, are currently in the process of change. For a long time, the procedure for providing reduced working hours and additional paid leave to employees engaged in work with harmful and difficult working conditions was regulated on the basis of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and shortened working hours, approved. Resolution of the USSR State Committee for Labor and social issues(hereinafter referred to as the State Labor Committee of the USSR) and the Presidium of the All-Union Central Council of Trade Unions (hereinafter referred to as the All-Union Central Council of Trade Unions) dated October 25, 1974 N 298/P-22, and the Instructions on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work which gives the right to additional leave and a reduced working day, approved. Resolution of the State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 N 273/P-20.

Decree of the Government of the Russian Federation of November 20, 2008 N 870 “On establishing reduced working hours, the duration of additional paid leave, increasing wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor" the principle and procedure for determining the circle of workers engaged in work with harmful, heavy and hazardous conditions labor and compensation for work in such conditions. The basis for establishing the duration of reduced working hours and providing annual additional paid leave was recognized not to be the inclusion of a profession and position in a centrally approved list, but the direct employment of the employee in work associated with the adverse effects on human health of harmful factors established based on the results of certification of workplaces according to the conditions labor.

Federal Law No. 426-FZ of December 28, 2013 “On Special Assessment of Working Conditions” approved new order assessment of working conditions. Since 2014, instead of workplace certification, a special assessment of working conditions has been introduced, which consists of creating a single set of consistently implemented measures to identify harmful and (or) hazardous factors in the working environment and labor process and assessing the level of their impact on the employee, taking into account the deviation of their actual values from those established by the federal body authorized by the Government of the Russian Federation executive power standards (hygienic standards) of working conditions and the use of personal and collective protective equipment for workers.

Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, acceptable, harmful and dangerous working conditions.

Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions. In turn, harmful working conditions are divided into subclasses, or degrees. There are four degrees of harmfulness: first, second, third and fourth (3.1, 3.2, 3.3, 3.4).

Hazardous working conditions (class 4) are recognized as working conditions in which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure to these factors cause a high risk of developing an acute occupational disease during work. The results of the assessment of working conditions are used to establish guarantees and compensation for employees.

Part 5 of the commented article emphasizes that a reduction in working hours is not established for all workers with hazardous working conditions, but only if the employee’s working conditions correspond to degrees 3 and 4 of harmfulness or the working conditions are dangerous. When ensuring safe working conditions in the workplace, confirmed by the results of a special assessment of working conditions or a conclusion state examination working conditions, guarantees and compensation for employees are not established (Part 4 of Article 219 of the Labor Code of the Russian Federation).

The working hours of a specific employee engaged in work with harmful and dangerous working conditions are established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

If, before January 1, 2014, workplaces were assessed for working conditions, a special assessment of working conditions may not be carried out for five years from the date of completion of this certification, except for the cases provided for in Part 1 of Art. 17 of the Federal Law "On Special Assessment of Working Conditions". The reduced working hours are established based on the results of workplace certification, carried out in accordance with the legislation in force before the entry into force of this Law.

In the commented article, which establishes the maximum norm of shortened working hours for workers engaged in work with harmful and (or) dangerous working conditions, a new procedure has been introduced for increasing the duration of shortened working hours, which is not overtime work. Increasing the duration of reduced working hours to 40 hours. per week is allowed if it is provided for by an industry (inter-industry) agreement covering employees of the relevant organization, a collective agreement, and if there is a written consent of the employee, formalized by concluding an additional agreement to the employment contract. Monetary compensation for such work is paid in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements.

6. A special procedure for reducing working hours is established for persons employed in work with chemical weapons (Federal Law of November 7, 2000 N 136-FZ “On the social protection of citizens employed in work with chemical weapons”). Depending on the nature of the work with chemical weapons, citizens engaged in these jobs are assigned a shortened 24-hour or 36-hour work week.

List of industries with hazardous working conditions, work in which entitles citizens employed in work with chemical weapons to benefits and compensation, and List of professions and positions in industries with hazardous working conditions, work in which entitles citizens employed in work with chemical weapons weapons, for benefits and compensation, approved by Decree of the Government of the Russian Federation of March 29, 2002 N 188. Citizens engaged in work with chemical weapons, benefits and compensation are provided on the basis of joint decisions of the relevant federal executive authorities and the Minister of Industry and Trade of the Russian Federation, agreed with the Ministry of Health and social development RF, based on the results of certification of workplaces for working conditions.

7. For medical workers working hours cannot exceed 39 hours. in Week. Within these limits, the working hours of medical workers, depending on their position and (or) specialty, are determined by the Government of the Russian Federation (Article 350 of the Labor Code of the Russian Federation). Lists of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened 36-hour, 33-hour or 30-hour work week, were approved by the Decree of the Government of the Russian Federation dated 14 February 2003 N 101 “On the working hours of medical workers depending on their position and (or) specialty.”

Veterinary specialists of institutions directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, and other workers directly involved in the provision of anti-tuberculosis care, employees of organizations for the production and storage of livestock products serving patients tuberculosis of farm animals, whose occupation is associated with the risk of infection with Mycobacterium tuberculosis, have the right to a shortened working week of 30 hours. (Order of the Ministry of Labor and social protection RF dated September 11, 2013 N 457n).

Working hours teaching staff cannot exceed 36 hours. in Week. Depending on the position and (or) specialty, taking into account the characteristics of the work, the duration of their working time (standard hours of teaching work per wage rate) is determined by the federal executive body authorized by the Government of the Russian Federation (see Article 333 of the Labor Code of the Russian Federation and the commentary thereto).

9. In accordance with Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 N 139 “On approval of the Regulations on the peculiarities of working hours and rest time for crew members aircraft civil aviation of the Russian Federation" the working time of flight crew members and flight operator cannot exceed 36 hours per week.

10. During the academic year, employees studying in evening (shift) general education organizations are assigned, at their request, a working week shortened by one working day or the corresponding number of working hours (if the working day is shortened during the week); during the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less minimum size remuneration (see Part 3 of Article 176 of the Labor Code of the Russian Federation and commentary thereto).

11. Shortened working hours are established for certain categories of working women. A 36-hour workweek (unless a shorter workweek is provided for by federal laws) is established for women working in rural areas(Resolution of the Supreme Council of the RSFSR dated November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas”). For women working in the regions Far North and equivalent areas, a 36-hour working week is established by a collective or labor agreement (see Article 320 of the Labor Code of the Russian Federation and the commentary thereto). Wage in these cases, women are paid in the same amount as for a full working week.

Full text of Art. 92 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 92 of the Labor Code of the Russian Federation.

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 1 or 2 - no more than 35 hours per week;
for workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week.

Duration of working hours of training organizations carrying out educational activities, under the age of eighteen, working during the school year in their free time from receiving education, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers).

Commentary on Article 92 of the Labor Code of the Russian Federation

1. The provisions of the commented article establish the procedure for establishing reduced working hours and the types of such time.

In accordance with the provisions of Art. 91 of the Labor Code of the Russian Federation, the normal working time is forty hours a week. Thus, any other length of the working week other than normal is, by definition, exceptional. Reduced working hours means that employees with such an organization of working time work less than forty hours a week. Reduced working hours can be 39, 36, 35, 33, 30, 24, 27, 12 hours per week.

In addition to the types of working week duration established by the commented articles, federal laws may establish reduced working hours for other categories of workers not taken into account in the provisions of the commented article.

2. Let us consider in more detail the categories of workers for whom reduced working hours are established:
- 39 hours. In accordance with the provisions, a working week lasting 39 hours general rule established for all categories of medical workers, with the exception established by Decree of the Government of the Russian Federation of February 14, 2003 N 101;
- 36 hours. A working week of no more than 36 hours is established for workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions, as well as for certain categories of medical, teaching workers, employees customs authorities.

A special assessment of working conditions is carried out in accordance with the provisions of the Federal Law of December 28, 2013 N 426-FZ “On the special assessment of working conditions”. According to Art. 14 of this law, working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, acceptable, harmful and dangerous working conditions. In accordance with the provisions of the commented article, a shortened working week is established for workers whose working conditions are:
1) harmful working conditions of the 3rd degree, i.e. working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can cause persistent functional changes in the employee’s body, leading to the appearance and development of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the working period activities;
2) harmful working conditions of the 4th degree, i.e. working conditions under which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure of which can lead to the emergence and development of severe forms of occupational diseases (with loss of general ability to work) during the period of work;
3) dangerous working conditions, i.e. working conditions in which the employee is exposed to harmful and (or) hazardous production factors, the levels of exposure to which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure to these factors cause a high risk of developing an acute occupational disease in period of working activity.

The methodology for conducting a special assessment of working conditions, the Classifier of harmful and (or) hazardous production factors, as well as the report form for conducting a special assessment of working conditions and instructions for filling it out were approved by Order of the Ministry of Labor of Russia dated January 24, 2014 N 33n.

The second category of workers, for whom a working week of no more than 36 hours is established, is medical workers, in particular doctors working in infectious diseases hospitals, departments, wards, offices, skin and venereal disease clinics, departments, offices; middle and junior medical personnel whose work is directly related to the provision of medical care and services for AIDS patients and HIV-infected people, as well as other workers. Full list medical workers for whom a working week of 36 hours is established is contained in Appendix No. 1 to the Decree of the Government of the Russian Federation of February 14, 2003 N 101 “On the length of working hours of medical workers depending on their position and (or) specialty.”

The third category of workers for whom the specified length of the working week is established are teaching staff. The establishment of reduced working hours for teaching staff is regulated by the provisions of Art. 333 of the Labor Code of the Russian Federation and order of the Ministry of Education and Science of Russia dated December 22, 2014 N 1601 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers and on the procedure for determining study load teaching staff, stipulated in the employment contract." The working hours of 36 hours per week are established for: teaching staff classified as teaching staff; senior educators of organizations carrying out educational activities in educational programs preschool education and additional general education programs, and children's homes carrying out educational activities as additional type activities; educational psychologists; social educators; teacher-organizers; masters industrial training; senior counselor; labor instructors; teachers-librarians, etc.

The fourth category of workers who have a reduced working week of 36 hours are employees of the customs authorities of the Russian Federation performing job responsibilities in hazardous conditions in accordance with the list approved by Decree of the Government of the Russian Federation of February 15, 1998 N 189 “On providing customs officers with benefits for performing official duties in hazardous conditions”;
- 35 hours. A working week of 35 hours is established for workers with disabilities of groups 1 and 2, as well as for workers aged sixteen to eighteen years.

In accordance with the provisions of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” the status of a disabled person is assigned to a person who has a health disorder with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activities and necessitating the need for his social protection.

The procedure for determining a person's disability is determined by the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" and Decree of the Government of the Russian Federation of February 20, 2006 N 95 "On the procedure and conditions for recognizing a person as a disabled person."

The legislator has established several categories and groups of disabilities, which are established for individuals depending on the degree of disability caused by a persistent disorder of body function resulting from diseases, consequences of injuries or defects. At the same time, a reduced working week is established only for disabled people of disability groups 1 and 2. Thus, this rule does not apply to employees of disability group 3.

The second category of citizens, for whom the working week is set to no more than 36 hours, includes workers aged 16 to 18 years. They have the right to independently conclude and sign employment contracts with the employer.

Features of labor regulation for workers under the age of eighteen are regulated by the provisions of Chapter 42 of the Labor Code of the Russian Federation;
- 33 hours. A working week of 33 hours is established for medical workers, the list of which is defined in Appendix No. 2 to the Decree of the Government of the Russian Federation of February 14, 2003 N 101. These include doctors of treatment and preventive organizations, institutions (clinics, outpatient clinics, dispensaries, medical centers, stations , departments, offices) that carry out exclusively outpatient treatment of patients; doctors and nursing staff of physiotherapeutic treatment and preventive organizations, institutions, departments, offices who work full time on medical generators of ultra-short wave frequency "UHF" with a power of over 200 W; dentist, orthopedic dentist, orthodontist, children's dentist, dental therapist, dentist, dental technician (except for dental surgeon, maxillofacial surgeon);
- 30 hours. A working week of 30 hours is established as an exception to general rule for medical workers, the list of whom is defined in Appendix No. 3 to Decree of the Government of the Russian Federation of February 14, 2003 No. 101. It's about about work in tuberculosis and anti-tuberculosis healthcare organizations and their structural divisions, medical-industrial (labor) workshops at tuberculosis (anti-tuberculosis) organizations, clinics for tuberculosis patients, medical, scientific, educational organizations and institutions of higher education vocational education and etc.

In addition, a working week of 30 hours is established for a number of employees of the customs authorities of the Russian Federation who perform their official duties in hazardous conditions. The list of these employees was approved by the Government of the Russian Federation (see Decree of the Government of the Russian Federation of February 15, 1998 N 189). These include heads and deputy heads of departments, groups, chief, leading, senior inspectors, inspectors directly working on inspection X-ray equipment;
- 24 hours. As a general rule, a working week of 24 hours is established for workers aged 14 to 16 years. We note that the work of minors should be organized in such a way as not to interfere with the educational process of such workers. In addition, to conclude an employment contract with persons from fourteen to sixteen years of age, it is necessary to obtain written consent from their parents or guardians.

Also, a 24-hour working week is established for citizens engaged in work with chemical weapons, provided for in Part 2 of Art. 1 Federal Law of November 7, 2000 N 136-FZ “On the social protection of citizens engaged in work with chemical weapons”;
- 17 o'clock. A working week of no more than 17 hours is established for students of educational organizations aged 16 to 18 years, provided they work during the academic year. At the same time, the employer is obliged to ensure for this category of employees the opportunity to fulfill their duties under the employment contract in their free time from study;
- 12 hours. This length of the working week is established for student employees aged 14 to 16 years, if such employees work under an employment contract during the school year in their free time from school. For this category of employees, the performance of their duties should not adversely affect the educational process and academic performance. The legislator provides for the need for the consent of parents or guardians of minors aged fourteen to sixteen years to conclude an employment contract and the subsequent performance of their duties in accordance with it.

3. It should be noted that by Federal Law of December 28, 2013 N 421-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On Special Assessment of Working Conditions” the commented article was supplemented by part 2 and 3, which provide for the establishment of the duration of working hours for a specific employee by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.At the same time, for workers whose working conditions at their workplaces, according to the results of a special assessment of working conditions, are classified as harmful working conditions of the 3rd or 4th degree or dangerous working conditions, the duration of the working week can be set not at 36 hours, as provided for in Part 1 of the commented article, but at 37-40 hours. In this case, the employee is entitled to payment of monetary compensation in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements.

For example, the appeal ruling of the Moscow City Court dated April 8, 2014 in case No. 33-4862 established that claims for the obligation to establish reduced working hours were satisfied legally, since for workers engaged in work with harmful and (or) dangerous working conditions, a number of compensation measures are provided, including reduced working hours.

It should be noted that according to Art. 15 of the Federal Law of December 28, 2013 N 421-FZ, when implementing in relation to workers engaged in work with harmful and (or) dangerous working conditions, compensatory measures aimed at mitigating the negative impact of harmful and (or) hazardous production factors on their health environment and the labor process (reduced working hours, annual additional paid leave or monetary compensation for them, as well as increased wages), the procedure and conditions for the implementation of such measures cannot be worsened, and the sizes reduced in comparison with the procedure, conditions and sizes actually compensation measures implemented in relation to these employees as of the date of entry into force of the specified Federal Law, subject to the preservation of the appropriate working conditions in the workplace, which were the basis for the appointment of the implemented compensation measures.

Another comment to Art. 92 Labor Code of the Russian Federation

1. Shortened working hours mean working hours reduced compared to normal due to harmful and (or) dangerous working conditions, other features of work activity, as well as due to the need for special labor protection for certain categories of workers.

3. Working hours for persons under 18 years of age and disabled people of group I or II are reduced regardless of the nature of the work, sector of the economy and other circumstances.

4. For students of educational organizations who have reached the age of 14 and work during the academic year in their free time from school (Article 63 of the Labor Code), working time cannot exceed: for workers under the age of 16 - 12 hours. per week, aged 16 to 18 years - 17 hours. 30 min. in Week.

5. The rules for reducing the working hours of persons engaged in hazardous and hazardous work are currently in the process of being changed. For a long time, the procedure for providing reduced working hours and additional paid leave to employees engaged in work with harmful and difficult working conditions was regulated on the basis of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and shortened working day, approved. Resolution of the USSR State Committee on Labor and Social Issues (hereinafter referred to as the USSR State Committee for Labor) and the Presidium of the All-Union Central Council of Trade Unions (hereinafter referred to as the All-Union Central Council of Trade Unions) dated October 25, 1974 N 298/P-22, and the Instructions on the procedure for applying the List of production facilities, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved. Resolution of the State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 N 273/P-20.

Decree of the Government of the Russian Federation of November 20, 2008 N 870 “On establishing reduced working hours, the duration of additional paid leave, increasing wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions” was changed the principle and procedure for determining the circle of workers employed in work with harmful, difficult and dangerous working conditions and compensation for work in such conditions. The basis for establishing the duration of reduced working hours and providing annual additional paid leave was recognized not to be the inclusion of a profession and position in a centrally approved list, but the direct employment of the employee in work associated with the adverse effects on human health of harmful factors established based on the results of certification of workplaces according to the conditions labor.

Federal Law No. 426-FZ of December 28, 2013 “On special assessment of working conditions” approved a new procedure for assessing working conditions. Since 2014, instead of workplace certification, a special assessment of working conditions has been introduced, which consists of creating a single set of consistently implemented measures to identify harmful and (or) dangerous factors in the working environment and the labor process and assessing the level of their impact on the employee, taking into account the deviation of their actual values from standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of individual and collective protective equipment for workers.

Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, acceptable, harmful and dangerous working conditions.

Part 5 of the commented article emphasizes that a reduction in working hours is not established for all workers with hazardous working conditions, but only if the employee’s working conditions correspond to degrees 3 and 4 of harmfulness or the working conditions are dangerous. When ensuring safe working conditions at workplaces, confirmed by the results of a special assessment of working conditions or the conclusion of a state examination of working conditions, guarantees and compensation for workers are not established (Part 4 of Article 219 of the Labor Code).

List of industries with hazardous working conditions, work in which entitles citizens employed in work with chemical weapons to benefits and compensation, and List of professions and positions in industries with hazardous working conditions, work in which entitles citizens employed in work with chemical weapons weapons, for benefits and compensation, approved by Decree of the Government of the Russian Federation of March 29, 2002 N 188. Citizens engaged in work with chemical weapons, benefits and compensation are provided on the basis of joint decisions of the relevant federal executive authorities and the Minister of Industry and Trade of the Russian Federation, agreed with the Ministry of Health and Social Development of the Russian Federation, based on the results of certification of workplaces for working conditions.

7. For medical workers, working hours cannot exceed 39 hours. in Week. Within these limits, the working hours of medical workers, depending on their position and (or) specialty, are determined by the Government of the Russian Federation (Article 350 of the Labor Code). Lists of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened 36-hour, 33-hour or 30-hour work week, were approved by the Decree of the Government of the Russian Federation dated 14 February 2003 N 101 “On the working hours of medical workers depending on their position and (or) specialty.”

Veterinary specialists of institutions directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, and other workers directly involved in the provision of anti-tuberculosis care, employees of organizations for the production and storage of livestock products serving patients tuberculosis of farm animals, whose occupation is associated with the risk of infection with Mycobacterium tuberculosis, have the right to a shortened working week of 30 hours. (Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 11, 2013 N 457n).

The working hours of teaching staff cannot exceed 36 hours. in Week. Depending on the position and (or) specialty, taking into account the characteristics of the work, the duration of their working time (standard hours of teaching work per wage rate) is determined by the federal executive body authorized by the Government of the Russian Federation (see Article 333 of the Labor Code and the commentary thereto).

9. In accordance with Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 N 139 “On approval of the Regulations on the peculiarities of working hours and rest time for crew members of civil aviation aircraft of the Russian Federation,” the working hours of flight crew members and flight operators cannot exceed 36 hour. in Week.

10. During the academic year, employees studying in evening (shift) general education organizations are assigned, at their request, a working week shortened by one working day or the corresponding number of working hours (if the working day is shortened during the week); during the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage (see Part 3 of Article 176 of the Labor Code and the commentary thereto).

11. Shortened working hours are established for certain categories of working women. A 36-hour working week (if a shorter working week is not provided for by federal laws) is established for women working in rural areas (Resolution of the Supreme Council of the RSFSR of November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, family, maternal and child health in rural areas"). For women working in the Far North and equivalent areas, a 36-hour working week is established by a collective or labor agreement (see Article 320 of the Labor Code and the commentary thereto). In these cases, wages are paid to women in the same amount as for a full working week.

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Article 91. Concept of working time. Normal working hours

Working time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulations legal acts Russian Federation refer to working time.

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.

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 whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week.

On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, the working hours specified in paragraph five of part one of this article may be increased, but not more than up to 40 hours per week with payment to the employee of a separately established monetary compensation in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements.

The length of working time of students of educational organizations carrying out educational activities, under the age of eighteen, working during the academic year in their free time from receiving education, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws 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 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.

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 the annual basic paid leave, calculation of length of service and others. 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 in basic general education programs and educational programs of secondary vocational education, combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;

for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift) established by part the second of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one to three of Article 92 of this Code:

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

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

Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

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, decreases 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.

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.

Procedure for night work of creative workers of the media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works , professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Article 97. Work outside the established working hours

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, a collective agreement, 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.

Article 99. Overtime work

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) the work begun, which due to an unexpected delay in technical specifications production could not be completed (finished) during the working hours established for the employee, if failure to perform (non-completion) this work could lead to damage or destruction of the employer’s property (including property of third parties located at the employer, if the employer is responsible for 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) in social production necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply, cold water supply and (or) sanitation systems, gas supply systems, heat supply, lighting, transport, communications;

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.