* Night work
* Shift work
*Part-time work
* Working hours for women and persons with family responsibilities
* Work on a rotational basis
* Flexible work schedule
* Rest time
*Work on weekends and holidays
* Time sheet
* Time off or absenteeism? Subtleties of design

Definition: Irregular working hours

The Labor Code of the Russian Federation provides working outside normal working hours:
irregular work;
overtime work.
Irregular working hours- a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions during periods outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation).
A feature of this regime is the nature of the work, which, for reasons beyond the employee’s control, often does not allow the performance of certain labor functions during working hours (for example, the establishment of an irregular working day for the chief nurse of a children’s hospital will allow her to be involved in work after the end of the working day, if at this time children have been admitted for treatment and it is necessary to distribute them among departments; establishing this work schedule for a lawyer will allow him to participate in court hearings, the beginning or end of which may be outside working hours).
An employee who has an irregular working day can be hired to work both before the start of the working day and after it ends (letter of Rostrud dated 06/07/2008 N 1316-6-1). At the same time, it is not necessary to obtain the employee’s consent to engage him in work in this mode. It must be remembered that under this regime, the employee is obliged to come to work at the beginning of the working day, like everyone else, and leave work no earlier than the end of the working day. In other words, he is subject to the rule established in the employer’s local act regarding the start and end times of the working day in the same way as other employees.
It should be noted that the excess of working hours above the norm established for the employee during irregular work must be episodic and the employer does not have the right to systematically involve the employee in performing his duties after the end of the working day.
For example . Safonov A.R. was hired for the position of chief engineer on irregular working hours: Daily Safonov A.R. overworks two hours compared to the norm established by the employment contract (eight hours daily). In this case, we should talk about overtime work with all the guarantees and compensations provided for by the Labor Code of the Russian Federation.
Systematic attraction employee to work outside the established duration of working hours may be considered by supervisory and control authorities and judicial authorities as overtime work, for which appropriate compensation is due.

Who can have irregular working hours?

The employer has the right to determine the list of positions that establish irregular working hours independently, recording it in a local regulatory act (Article 101 of the Labor Code of the Russian Federation). The act must be familiarized to employees against signature.
When determining the list of positions with irregular working hours It should be remembered that such a list employees cannot be included with a reduced working day, with a part-time working day, the duration of which is limited by agreement of the parties. Also, those persons who are prohibited by law from being involved in work beyond the established working hours cannot work in irregular working hours. This is due to the fact that an increase in working hours, even one-time, is a violation of the employee’s rights to the provision of state guarantees in the field of labor protection.
The establishment of irregular working hours for certain categories of employees, in addition to the local regulations of the employer, is also regulated by other norms, for example:
clause 14 of the Regulations on the peculiarities of working hours and rest time for car drivers (approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15);
Clause 37 of the Regulations on the peculiarities of the regime of working time and rest time, working conditions of certain categories of railway transport workers directly related to the movement of trains (approved by Order of the Ministry of Railways of Russia dated March 5, 2004 N 7).
An employment contract with an employee who is assigned an irregular working day must include a condition regarding such a work schedule (Part 2 of Article 57 of the Labor Code of the Russian Federation). In addition, before concluding an employment contract, the employee must be familiarized with local regulations establishing a list of positions with irregular working hours, as well as the type and amount of compensation.
If during the course of work the employee was transferred to a position that is included in the list providing for irregular working hours, then the additional agreement on the conditions of the transfer includes a clause establishing a special work schedule.

Additional guarantees and compensations

Working on irregular working hours requires additional guarantees and compensation.
Thus, in accordance with Article 116 of the Labor Code of the Russian Federation, an employee working on irregular working hours must be provided annual additional paid leave. The specific duration of such leave must be established by the internal documents of the organization (collective agreement).
The minimum duration of additional paid leave is at least three calendar days. If such leave is not provided, overtime in excess of normal working hours, with the written consent of the employee, is compensated as overtime work.
The procedure and conditions for providing annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, financed from the budget of a constituent entity of the Russian Federation - by the authorities of a constituent entity of the Russian Federation, financed from the local budget - by local government bodies.
Cannot install irregular working hours in relation to all employees of a certain organization. This is permissible only in relation to those employees who are named by a collective agreement, agreement or internal labor regulations of the organization.
Internal labor regulations may establish a list of positions with irregular working hours if the work occasionally requires the employee to be involved in performing job duties in excess of the established working hours. As a rule, overtime is compensated by the provision of additional leave (Article 101.119 of the Labor Code of the Russian Federation, Federal Law No. 55-F3 of April 2, 2014).

Urakova E.V., Candidate of Legal Sciences, Associate Professor, Head. Department of Labor and Entrepreneurship Law of the Tyumen State Academy of World Economy, Management and Law.

Any work or labor activity is characterized by quantitative and qualitative indicators. Labor occurs in time, during which the employee performs a certain amount of work assigned to him in accordance with his labor function. On this basis, labor law has such a category as labor regulation (Chapter 22 of the Labor Code of the Russian Federation). Although this category is not exclusively legal and is based on economic indicators and categories, labor legislation contains a number of legal guarantees: state assistance to the systemic organization of labor standards; application of standardization systems determined by the employer taking into account the opinion of the representative body of employees or established by a collective agreement (Article 159 of the Labor Code of the Russian Federation); notifying employees about the introduction of new labor standards no later than two months in advance (Article 162 of the Labor Code of the Russian Federation); establishing an obligation for the employer to ensure normal conditions for employees to fulfill production standards (Article 163 of the Labor Code of the Russian Federation); local regulation of the procedure for introducing, replacing, revising labor standards, allowed taking into account the opinion of the representative body of workers (Article 162 of the Labor Code of the Russian Federation).

The labor function is performed by the employee under the conditions of the working hours determined by the employer, which is carried out by the internal labor regulations. Important guarantees are not only the approval of internal labor regulations by the employer, taking into account the opinion of the representative body of employees (Article 190 of the Labor Code of the Russian Federation), but also the establishment of normal working hours in the Labor Code of the Russian Federation of no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). The latter provision is especially important in market conditions, when it is tempting for an employer to constantly involve workers in processing (preferably without guarantees and compensation). But in the context of the global financial crisis, it is even more attractive to set employees part-time work, when its duration is simply symbolic (in addition, the labor legislation of the Russian Federation does not establish a minimum duration of part-time work), and then the salary also becomes appropriate.

Normal (also known as maximum) working hours are the greatest national asset. This duration is established by ILO Convention No. 47 of 1935. Unfortunately, not all states have ratified this document, therefore a much longer working week is established at the level of their national legislation. The Labor Code of the Russian Federation not only established the normal (maximum) length of the working week, but also the maximum duration of daily work (shift) (Article 94 of the Labor Code of the Russian Federation). However, this is not defined for all categories, but only for those who traditionally need increased social protection: for minors; disabled people; workers engaged in work with harmful and (or) dangerous working conditions. For some other categories, the maximum working day (shift) is established by regulations. For example, for those working on a rotational basis, the duration of daily work should not exceed 12 hours (1). Unfortunately, Russian labor legislation does not contain a limit on the length of the working day (shift) for workers who work in ordinary (normal) conditions, which in practice often leads to the establishment of a very long working day (shift) (for example, 24 hours, 16 hours etc. for security guards, watchmen, duty mechanics, etc.). The only guarantee in this case is the rule on the introduction of summarized recording of working time (Article 104 of the Labor Code of the Russian Federation). But this article provides for the introduction of such accounting when, due to the conditions of production (work) or when performing certain types of work, the daily or weekly working hours established for a given category of workers cannot be observed. The working conditions are such for objective reasons, and not because it is more convenient for the employer to employ workers for long working hours, so as not to bother finding a replacement. We believe that, first of all, from the point of view of labor protection, it is necessary to introduce restrictions on the length of the working day or shift for workers working under normal conditions (for example, no more than 12 hours).

Analysis of labor legislation allows us to classify the working day into normalized and irregular. Although the term “standard working day” is absent in the legislation, the concept of “irregular working day” has been introduced.

Article 101 of the Labor Code of the Russian Federation provides for the introduction of irregular working hours for some workers. This is one of the cases of processing beyond the established duration (Article 97 of the Labor Code of the Russian Federation). In Art. 97 of the Labor Code of the Russian Federation indicates another case - overtime work. However, an employee can overwork beyond his working hours by also being involved in work on weekends and non-working holidays, as well as by concluding a part-time employment contract.

The case of overtime provided for by the Labor Code of the Russian Federation in excess of the established working hours - overtime - concerns to a greater extent a normalized working day (shift), although it is theoretically possible with an irregular working day. All overtime hours in excess of the established duration are compensated, as a general rule, by increased pay (Article 152 of the Labor Code of the Russian Federation). Attracting workers to work on weekends and non-working holidays (Article 113 of the Labor Code of the Russian Federation) can take place both with normal and irregular working hours. Therefore, the compensation is the same (Article 153 of the Labor Code of the Russian Federation). Attempts by some employers to attract workers with irregular working hours without compensation established by Art. 153 of the Labor Code of the Russian Federation, work on weekends and non-working holidays was stopped by the Federal Service for Labor and Employment in a letter dated June 7, 2008 N 1316-6-1 (2).

What is typical for irregular working hours? 1. The employer has a List of employee positions (it can be established by a collective agreement, agreements, or local regulations). 2. Processing is determined by necessity for the employer. 3. At the same time, the employee performs duties within the framework of his job function. 4. An order from the employer is required. 5. Involvement of workers in processing should be occasional.

If we limit ourselves to a literal interpretation of the provisions of Art. 101 of the Labor Code of the Russian Federation, then the following conclusions can be drawn.

  1. The local list can only contain specialists (workers should absolutely not be there). Based on this conclusion, the norm contained in the Regulations on working time and rest time for car drivers (3), which provides for the establishment of irregular working hours for car drivers, should be assessed as illegal, since in case of contradictions between various regulations, the Labor Code of the Russian Federation should be applied (Article 5 Labor Code of the Russian Federation). Car driver is not a position.
  2. The employer's order can be in any form (written or oral). However, if we compare this provision with other cases of overtime (overtime, work on weekends and non-working holidays), then an order (instruction) of the employer in writing is required. In addition, in order to avoid misunderstandings, and even more so disputes, the order must be in writing, which must be expressly provided for in Art. 101 Labor Code of the Russian Federation.
  3. The Labor Code of the Russian Federation does not establish guarantees for certain categories of workers in case of overtime during irregular working hours, as is established for overtime work, as well as on weekends and non-working holidays (Articles 99, 113 of the Labor Code of the Russian Federation). Thus, it is quite possible to involve a pregnant woman or a minor worker in overtime if the positions they occupy are included in the list of positions of workers with irregular working hours. Then this state of affairs becomes absolutely absurd. One should agree with the opinion of V.I. Mironov, who believes that in relation to a number of categories of workers in such cases, prohibitions regarding their processing must be observed (4).
  4. The episodic nature of overtime, although an assessment category, is quite comparable to the compensation established by Art. 119 of the Labor Code of the Russian Federation, with irregular working hours. In this case, the guarantee is (especially after the amendments made to this article by the Federal Law of June 30, 2006 N 90) the minimum duration of additional annual paid leave of 3 calendar days. Before Federal Law No. 90, the guarantees were more substantial (if additional leave is not provided, then all overtime hours must be paid as overtime at an increased rate in accordance with Article 152 of the Labor Code of the Russian Federation). The established compensation in the form of 3 calendar days is not absolutely adequate even for processing 1 - 2 times a month for a short duration.

If the issue of compensation is based on one of the most important general legal principles - fairness, then it is not difficult to come to a simple conclusion based on elementary arithmetic: pay all overtime hours as overtime or provide other days of rest, as established in Art. 152 of the Labor Code of the Russian Federation for overtime work. And three calendar days of additional leave generally become unacceptable and unnecessary. A similar position was expressed by Professor V.I. Mironov (5).

  1. The employee's consent is not required (6). Although in the text of the article it is generally impossible to find a provision on whether the employee’s consent to processing is required or not. In practice, this means that the employee must be prepared every working day for the fact that the employer may involve him in processing. The employee is deprived of the opportunity to plan and use his free time as he wishes. It turns out that his free time will depend entirely on the employer. But it is necessary to clarify a number of circumstances, namely: the employer is obliged to fulfill his obligation to familiarize the employee with local acts that establish irregular working hours and a list of employee positions, against signature (Articles 22, 68 of the Labor Code of the Russian Federation). The establishment of an irregular working day for an employee must be reflected in the employment contract, which is a mandatory condition (Article 57 of the Labor Code of the Russian Federation). We recommend that overtime hours and adequate compensation for overtime should also be reflected there.
  2. The Labor Code of the Russian Federation does not contain a maximum number of overtime hours for irregular working hours (although in principle this is not the case when working on weekends and non-working holidays). Analogies with overtime work are, of course, possible (7), but I think they will not be entirely correct, there are too many differences between these cases of overtime.
  3. All employees, including those who have irregular working hours, are required to comply with the work schedule established by the employer (start of work, breaks, etc.) and labor standards, since labor legislation does not provide for exceptions.

If we turn to practice, we can find, firstly, sometimes excessively long local lists of workers with irregular working hours; secondly, workers overwork systematically without any order from the employer (most often due to the inability, due to the lack of scientifically based labor standards, to complete their work within the working day or shift). Thirdly, the absence of overtime hours when recording working hours during irregular working hours. Overtime hours are simply not shown on the time sheet. All this ultimately leads to either the employer’s refusal to provide additional annual leave of the duration established in local regulations or a collective agreement, or to the provision of leave of only the minimum duration, as established by Art. 119 Labor Code of the Russian Federation.

Experts note an increase in cardiovascular diseases in young people during systematic processing. It has been rightly noted that the idea that a person who devotes a lot of time to work produces effective results is a complete illusion. Quite the opposite is true (8).

The establishment of an irregular working day, therefore, does not mean that the employee does not (may not) have labor standards. Labor standardization is the competence of the employer, it is his responsibility to do this (we started with this). The employee is obliged to comply with established labor standards (Article 21 of the Labor Code of the Russian Federation). This is a common responsibility for all employees. An irregular working day involves only occasional overtime. In this regard, the very term “irregular working hours” is simply incorrect.

Thus, the only conclusion suggests itself: to exclude from the Labor Code of the Russian Federation and other regulations the very concept of an irregular working day and, as a consequence, Art. 119 Labor Code of the Russian Federation. Employee guarantees will only increase. And any overtime will fit into either overtime work or work on weekends and non-working holidays.

Literature

  1. Basic provisions on the shift method of organizing work. Approved Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82 // Bulletin of the State Committee for Labor of the USSR. 1988. N 5.
  2. www.klerk.ru
  3. Approved Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 // BNA. 2004. N 45.
  4. Mironov V.I. Labor law of Russia. M.: LLC "Journal "Personnel Management", 2005. P. 501.
  5. Mironov V.I. Decree. op. P. 502.

ConsultantPlus: note.


From time to time, as a lawyer, I have to answer questions about the legal relationship between an employee and his employer when conducting legal advice when using a working day in excess of the working time established by the employer (irregular working hours). How legal is this and how is it regulated by current legislation, including the Labor Code of the Russian Federation (LC RF) applied in this case? Let's try to answer these questions in this article.

In 2020, there were some changes to the irregular working hours at the legislative level. Now it can not be applied to everyone and not always. But we will talk about this at the end of this publication. Now let's try to define the labor relations in question in simple words.

If you open the Labor Code of the Russian Federation, you can see two similar concepts: “irregular working hours” and “overtime”. The concepts are similar, but the consequences of their application are different.

If the employer engages an employee on any day outside the working hours (standard) established by the employment contract to perform the duties stipulated by the employment contract, this is an irregular working day. When might such a need arise for an employer? For example, when something happened at the enterprise, or a previously unplanned amount of work appeared, or in other unforeseen cases.

So, we draw conclusions: the reason for extracurricular irregular work must be an emergency or production necessity. The hired employee must perform his direct duties and do his job during this period of time. The number of irregular hours must be reflected in the employee’s employment contract, and if this is not the case, and the employee is called to work beyond the standard, these are already overtime hours, paid additionally according to the established rules of the Labor Code of the Russian Federation.

How many irregular hours can there be in 2020?

First, let's mention those employees who cannot be forced to work beyond the working hours established by the Labor Code, and who can only be recruited for this on a voluntary basis:
  • Persons under 18 years of age.
  • Single mothers with children under 14 years old.
  • Disabled workers.
The next limitation is that it is not regulated; you cannot engage an employee for several days in a row, much less constantly. That is, the Labor Code of the Russian Federation establishes that systematicity in this approach is prohibited. And rightly so - after all, this is like a forced, unplanned step by the employer.

But the Labor Code of the Russian Federation does not provide for the number of such working days in a month or hours in each day, both in 2020 and earlier. This remains the employer's prerogative.

Why do we need a provision on long working hours?

If the organization plans to use irregular working hours for employees, then for these purposes it is necessary to issue a corresponding regulation in advance, in which an exhaustive list of positions with norms of hours and days of overtime, as well as the number of days of additional leave that will be provided for such work, must be indicated.
The employer must familiarize all employees with this provision and issue an order approving it. An unapproved provision, with which the labor collective was not familiarized in a timely manner, has no legal force.

Regulation in the employment contract

Each employee to whom an irregular day will be applied must have an appropriate settlement of this important issue in the employment contract, where, already upon hiring or after - by additional agreement, the number of days in a year or hours in one week during which the employee will not work normally.

And, naturally, the employment contract must reflect the regulation of compensation to the employee for such work - the number of days of additional leave - at least 72 hours of leave, regardless of the number of extra-hour hours worked. The limit for additional leave for budgetary organizations has also been established - 14 days. For commercial enterprises, the limit on the number of days of such leave does not apply and can be specified in the employment contract at the request of the employer, but not less than 72 hours.

changes in the Labor Code of the Russian Federation

In 2020, Article 101 of the Labor Code of the Russian Federation underwent significant changes, according to which the concept of irregular working hours can now be applied to citizens who work part-time and subject to the mandatory presence of two conditions:
  • the employee’s part-time working week is established by his employment contract,
  • The employee works full time at the company.
This means that if an employee has an established part-time working week, then it will not be possible to apply irregular working hours to him. At the same time, irregular and at the same time irregular working hours can no longer be used.

Lawyer Gennady Efremov

Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

For an employee working on a part-time basis, an irregular working day can be established only if the agreement of the parties to the employment contract establishes a part-time working week, but with a full working day (shift).

Comments to Art. 101 Labor Code of the Russian Federation


1. The commented article reveals the concept of “irregular working hours” and indicates that the list of positions of employees with such working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees. The article, for the first time at the legislative level, reveals the main features of this type of working day: work at the order of the employer outside the normal working hours.

2. An irregular working day, as indicated in the commented article, is established for certain categories of workers with special working conditions, when, due to production needs, on certain days of the week they are allowed to perform work beyond the normal working day, as a rule, without additional pay or compensation in the form time off. Therefore, irregular working hours are introduced for certain categories of workers, usually occupying leadership positions in the organization, and for specialists whose work cannot be counted in time. For example, on November 1, 2007, the Board of the Pension Fund of the Russian Federation adopted Resolution No. 274p “On approval of the List of positions for employees of the Pension Fund system with irregular working hours and establishing the duration of annual additional paid leave for employees of the Pension Fund system.”

However, these workers are subject to general rules regarding starting and finishing times. Their overtime is not considered overtime work and therefore is not subject to increased pay. Compensation for overtime on certain days of the week in excess of the established working day is provided in the form of additional paid leave. The procedure for granting such leave is determined in local regulations or in the employment contract when hiring, since irregular working hours are one of the working conditions for these workers (Article 119 of the Labor Code).

The establishment of an irregular working day does not mean that these workers are not subject to the basic provisions of labor legislation on standards of working time and rest time. Therefore, involvement in work beyond normal working hours cannot be systematic.

3. When an employee is involved in work outside of normal working hours, his consent is not required, since this issue is discussed when concluding an employment contract.

Some regulations establish that irregular working hours are introduced for certain categories of workers, for example, for drivers of passenger cars, except for taxi drivers (Regulations on the peculiarities of working hours and rest time for car drivers approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 ).

4. The letter of the Federal Service for Labor and Employment dated June 7, 2008 N 1316-6-1 “On work on irregular working hours” states that, in accordance with Art. 101 of the Labor Code, irregular working hours - a special work schedule, 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 established working hours.

An employee may be involved in the performance of his labor functions both before the start of the working day (shift) and after the end of the working day (shift).

From Art. 119 of the Labor Code in the new edition excludes the rule that if the employer does not provide additional leave for using an employee on irregular working hours, overtime overtime in excess of normal working hours with the written consent of the employee is compensated as overtime work.

Thus, the Labor Code does not recognize overtime during irregular working hours as overtime work, in which certain guarantees must be observed (for example, limiting overtime hours, additional payment), and Art. 97 of the Labor Code, which provides for the possibility of overtime in two cases (for overtime work and for work in conditions of irregular working hours), actually confirms this. In other words, for work on irregular working hours, compensation is provided only in the form of additional leave, the duration of which is determined by a collective agreement or internal labor regulations and cannot be less than 3 calendar days.

At the same time, the introduction of irregular working hours for employees does not mean that they are not subject to the rules determining the start and end times of work, the procedure for recording working hours, etc. These workers are generally exempt from work on weekly rest days and holidays.

Thus, the involvement of employees who have an irregular working day to work on their days off and non-working holidays should be carried out using the provisions of Art. Art. 113 and 153 TK.

It should also be borne in mind that the involvement of employees in work beyond the established working hours should not be systematic, but should occur from time to time (episodic) and in certain cases.

Employment is an important moment in the life of every person. After you find a place to work, you will have to go there and perform your job duties. But only in a certain quantity. It's about time. How long is a normal working day? What standards are provided by modern legislation regarding the duration of work (per day, week)? Who is entitled to benefits in this sense? All this is extremely important to know and understand. Otherwise, the employer will simply be able to deceive you after employment, constantly forcing you to work longer than provided for in the employment contract. Or, initially, the duration of your shift will be beyond possible restrictions. All of these are extremely unpleasant moments, so you should know exactly your rights regarding how much you should work.

Concept

In Art. 91 of the Labor Code of the Russian Federation reveals a concept that plays an important role for work. Namely, what is working time? Not everyone is fully aware of what is involved here. Therefore, before studying labor duration, you should understand what working time is.

This period represents the period of time during which the employee must perform his job duties, in accordance with the employment/collective agreement. It also includes other time provided for by Federal acts and laws, as well as the agreement between the employer and employee related to work time. This is the simple concept of working time.

We can say that this is simply a period in which you have to fulfill your duties. “Sitting at work,” as some employees in Russia say. It's very simple. A much more complex issue is the topic of the length of the working day.

Weekly norm

In Art. 91 of the Labor Code of the Russian Federation specifies not only the concept of the working period. The point is that some more norms for the duration of this are prescribed here. So, for example, you can say exactly how much an employer has the right to load employees with work per week.

A total of 40 hours are allocated for this. This is the maximum amount each able-bodied citizen can work in a week. There are exceptions, but there are not so many of them. By the way, if you think about it, it’s not very difficult to distribute 40 hours over a week. Much depends directly on your schedule, but some norms in the Labor Code are also provided for in this regard.

It is also worth paying attention to the fact that every employer is required to keep records of the periods worked by each of its subordinates. Otherwise, the leader violates the laws of the country. And he can be held accountable.

Deviations from the norm

We already know the concept of working time. Moreover, it is no secret how much maximum work is allowed per week. Only, as already mentioned, there are sometimes some exceptions. Both in relation to the working day and in relation to the working week.

A reduced weekly schedule is provided for minor applicants. If a citizen is not yet 16 years old, then he can work 16 hours less per week than everyone else. After reaching this age level and up to adulthood, the norm will be 36 hours in 7 days. Nothing more.

Normal working hours are reduced by 5 hours for disabled people of groups 1 and 2. In some cases, such employees, for medical reasons, are able to work less than is allowed (to the maximum). But the norm for disabled people per week is 35 hours.

Some personnel are employed in hazardous or hazardous work. The Labor Code also provides its own bonuses for them. Such employees are allowed to perform their job duties 4 hours less per week than ordinary employees. Their work week is limited to 36 hours.

Not completely

There is such a thing as a normalized working day. The Labor Code of the Russian Federation provides for some deviations from the norm. For example, assignment of part-time/week.

According to the legislation of the country, the employer, at the request of the employee, must provide him with “part-time” work. But not everyone can count on such opportunities. As a rule, only pregnant women, as well as parents of children under 14 years of age (or disabled people under 18), including those caring for a sick relative, are entitled to part-time work.

Please note that in this case there should be no consequences for the social package. According to the Labor Code of the Russian Federation, a (part-time) working day under such circumstances does not in any way affect the provision of paid leave, sick leave and length of service. But your earnings will directly depend on how much you worked or how much work you completed. It turns out that part-time employees usually have lower earnings than those who work regularly.

Norm for minors

But now you can think about how long a normal working day is. We must immediately note for ourselves that the category of citizens in question plays a huge role. As already noted, the working week differs in length in certain cases. Likewise, this is reflected at the bottom (shift).

The first step is to understand how much work minors are supposed to work at maximum. The normal working hours for able-bodied persons under 16 years of age is 5 hours. This is the maximum amount a schoolchild can work. But only when we are talking about a period in which the personnel are not trained. While studying, you can work no more than 2.5 hours.

A working day of 7 hours is established for minors from 16 to 18 years of age. Again, taking into account the fact that the subordinate does not undergo training anywhere. For example, in the summer. Otherwise, his working day cannot exceed 3.5 hours. Such restrictions are imposed on the employer. Failure to comply with them can lead to certain negative consequences. Although, as practice shows, modern schoolchildren usually work 4 hours a day if they work part-time in their free time from school. And on weekends they can work 8-12 hour shifts. Such actions are not entirely legal, but in practice they happen all the time.

Dangerous and harmful

Of course, citizens working in harmful or dangerous industries also have some peculiarities in our current issue. The thing is that their normal working hours may be different. It all depends on the length of the working week of such personnel.

If it is 36 hours, then the shift cannot exceed 8. In practice, this is how long employees usually work in hazardous/harmful production. But when the working time per week should be a maximum of 30 hours, then shifts are scheduled for 6 hours, respectively. It is not difficult to guess that you will have to work at this pace for 5 days. The Labor Code of the Russian Federation does not provide for any other features in relation to personnel in dangerous or harmful production.

Other citizens

The duration of the shift for some categories of employees is determined in a very interesting way. The thing is that sometimes it is the employer who dictates how much a subordinate must work per day. But at the same time, taking into account all the norms and peculiarities of the country’s legislation.

Thus, workers employed in the media sector, as well as film/theater associations, actors and other creative teams have working hours established by the labor/collective agreement. That is, their employer sets the maximum value for them. Or Federal regulations of the country. For some professions, the country itself dictates limits on the length of work per day. Please take this into account.

Generally accepted data

All the peculiarities of working hours do not end there. Now is the time to find out exactly how much the average citizen works on average. That is, someone who does not have any bonuses or benefits in our current question.

How many hours is the normalized working day for an employee of a particular organization? This indicator is equal to 8. That is, this is exactly how long the average shift of an ordinary statistical employee lasts. 8 hours of labor is not that much, to be honest. In this situation, your working week should not exceed 5 days. Otherwise, the 40-hour weekly limit will be exceeded. And your work must either be paid according to special principles, or not take place at all.

As practice shows, most often employers simply offer to work under one set of conditions, but in reality the results are completely different. The employment contract says one thing, but reality says something else. With all this, a maximum shift of 8 hours is usually indicated, but in practice, citizens are required to “plow” 10-12 hours. Additional time is not paid or rewarded in any way. Although, if we talk about processing, then it must somehow be covered by the employer in one form or another.

In some cases you have to work at night. These periods have legal features in their duration. Night is considered to be the time period between 22:00 and 6:00 inclusive. Not all employees have the right to work in this mode. For example, pregnant women and minors are prohibited from working at night. Disabled people are also included here. Under no circumstances are they allowed to work at night. Even on your own initiative. The employer must take all this into account, otherwise he can be held accountable for violating the laws established in Russia.

But other special categories of citizens (caring for disabled children, relatives, as well as children under 3 years of age) are able to work at night, but only with prior written personal consent. At any time, such personnel have the opportunity to refuse night work. No one can prohibit this.

The normalized working day, when it comes to night shift work, is an hour less than during the day. That is, about 7 hours maximum. There are exceptions too. Namely, the reduction in labor does not apply to those hired specifically for night shifts. Such personnel will work as long as stipulated in the employment contract. Usually, from 10 pm to 6 am, hired workers perform their job duties at night.

Near the weekend

Working on weekends and holidays is another subject of eternal debate. In Russia, the law regulates the norm of working hours before official non-working days.

The normal shift should be reduced by 1 hour. That is, you are supposed to work 60 minutes less than usual before weekends/holidays. Remembering this rule is not so difficult. It turns out that during the specified period the average working time will be 7 hours instead of 8.

If we are talking about companies that cannot stop activities on weekends, then employees are entitled to remuneration. Either it is expressed by moving the holiday to another period of time, or the shift is paid in double (or more) amounts. Typically, the conditions are specified in the employment contract or negotiated by the parties.

Above the norm

In some cases, you can legally work more than the required 40 hours. Either at the request of the employees or at the request of the employer. These two concepts are very different from each other.

In the first situation, we will be dealing with a part-time job. It cannot exceed 4 hours of additional labor per day, and 16 per week. With all this, the company’s activities should not cause damage in any form to your main place of work. A citizen can have as many part-time jobs as he wants, as long as it does not harm his main activity. The social package is provided in the same way as for all other employees.

But in the second case, overtime is called overtime work. In this case, you can work for two days in a row, but no more than 4 hours per day. And there is a certain limit of overtime work per year. It is currently 120 hours. Please note that such work is paid double. And part-time work is calculated according to the usual principles, without allowances.

In principle, this is all that can be said about the normal working day, as well as the peculiarities of working time. As a rule, you have to learn about your rights at work in advance. Indeed, in Russia, established schedules are often violated, and employees are left to work overtime without additional pay. The established principles are not that difficult to understand. We now know generally accepted standards regarding working hours. Remember, violation of these is unacceptable. You have every right to complain about