Article 95 of the Labor Code of the Russian Federation. Duration of work on the eve of non-working holidays and weekends (current version)

The pre-holiday day is an hour shorter

Current as of: December 21, 2021

Everyone knows that the day before the holiday is an hour shorter. Legislators have enshrined this rule directly in the Labor Code of the Russian Federation (Article 95 of the Labor Code of the Russian Federation). It applies to those workers who have a normal working time of no more than 40 hours a week (Article 91 of the Labor Code of the Russian Federation), and those who have reduced or part-time working hours. After all, the Labor Code of the Russian Federation does not provide any exceptions for such categories of workers.

The standard working hours in the week on which the pre-holiday day falls must be adjusted (due to the reduction of the pre-holiday day by 1 hour). Moreover, regardless of whether the organization works on a five-day or six-day work week.

Since the standard working time is determined taking into account the fact that the pre-holiday day is an hour shorter (clause 1 of the Procedure, approved by Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 N 588n), this does not lead to a reduction in wages for salaried employees.

What transfers to 2021 do not apply to the six-day period?

Article 112 of the Labor Code of the Russian Federation provides that the transfer of days off is carried out for the purpose of rational planning of working time in organizations and taking into account the interests of various categories of citizens of the Russian Federation in creating conditions for proper rest. For these purposes, Decree of the Government of the Russian Federation of October 14, 2021 No. 1250 “On the transfer of weekends in 2021” provides for the following shift of weekends:

Thus, the following weekends have been postponed to 2021:

• Saturday 6 January to Friday 9 March;
• Sunday 7 January to Wednesday 2 May.
• Also, to optimize rest time, weekends have been swapped with working days (Saturdays will be working days, and Mondays will be days off):
• Saturday 28 April to Monday 30 April;
• Saturday 9 June to Monday 11 June;
• Saturday 29 December to Monday 31 December.

One holiday - May 9, 2021, in honor of Victory Day, will have a rest during the week.

In a six-day work week, Saturdays are not days off, which means that these transfers are not provided for a six-day work week.

For those working on a six-day week, March 9, April 30, June 11 and December 31, 2021 will remain working days, since the transfer of weekends to these dates is planned from Saturdays that coincide with non-working holidays, and for the “six-day week” Saturday is not a day off.

“New Year holidays” for those working on a “six-day week” will last from January 1 to January 8, 2021.

Due to the postponement of January 7 to May 2, workers with a six-day working week in 2021 will have two consecutive days off for the May holidays - May 1-2.

Shortened working days with a reduction in working hours by one hour in 2021 for six-day workers will be February 22, March 7, April 30, May 8, June 11, November 3, December 31.

If the holiday is established by law of a subject of the Russian Federation

In turn, an organization operating in a given region is obliged to comply with the requirements contained in the regulatory legal acts of the constituent entity of the Russian Federation. And if a non-working day has been established in the region due to a religious holiday, then the employer does not have the right to force its employees to work on this day. He can attract workers to work under such circumstances only in exceptional cases (Article 113 of the Labor Code of the Russian Federation). In addition, work on an additional non-working holiday will have to be paid at double the rate or workers will have to be given another day of rest (Article 153 of the Labor Code of the Russian Federation). That is, in such a situation, the same procedure applies as when inviting an employee to work on a non-working holiday established by the Labor Code of the Russian Federation.

In other words, the establishment of regional non-working days in connection with a religious holiday should not reduce the scope of labor rights and guarantees provided to employees in accordance with the Labor Code of the Russian Federation (Articles 5, 6 of the Labor Code of the Russian Federation). Consequently, in this case, they should have a pre-holiday day shorter by 1 hour.

Is June 9 a shortened day during a six-day period?

Now let’s dispel the doubts of employees working on a six-day work schedule. Will the pre-holiday day of June 9, 2021 be shortened for them? The length of the working day on June 9 will remain unchanged for them. And all because such workers work six days a week, according to the employment contract. And every Saturday is a regular labor day. Therefore, this transfer is not relevant for them. They will work as usual. However, they will not be left without a pleasant bonus in the form of an additional day off in honor of the holiday. They deserve it too. The work and rest schedule will be as follows:

• Sat., 06/09 - regular work day;
• Sun, 10.06 - day of rest;
• Mon., 11.06, - Labor Day with reduced working hours by 1 hour;
• Tue., 12.06, — Russia Day, official day off.

As for those workers who work in shifts or full-time production, they will not get an additional day of rest. But the employer will have to compensate them for going to work on a holiday. Whether compensation will be provided in cash or in the form of time off on another day is up to the employee to choose. In any case, the employer is obliged to comply with the provisions of Art. 153 Labor Code of the Russian Federation.

Lawyers' answers (6)

The length of the working day (shift), the start and end times of work refer to the working hours (Article 100 of the Labor Code of the Russian Federation).

The working hours are established by the internal labor regulations, and for employees whose working hours differ from the general rules - by an employment contract (Part 2 of Article 57, Article 100 of the Labor Code of the Russian Federation).

The duration of working hours on the eve of a non-working holiday is reduced by one hour (Part 1 of Article 95 of the Labor Code of the Russian Federation).

However, in some cases, the working day does not decrease (for example, in continuously operating organizations) (Part 2 of Article 95 of the Labor Code of the Russian Federation). This condition is fixed in the employment contract with the employee.

If the contract does not contain such a condition, then the duration of the working day on Friday, which is a pre-holiday day, should be 1 hour 45 minutes less compared to the duration of work on other days of the week.

Half-holiday

Article 93 of the Labor Code of the Russian Federation says that the working day can be shortened if both interested parties agree with this provision.

According to the law, several options for reducing the working hours are permissible:

1. Fewer hours throughout each day.
2. Reducing the total number of working days. But work shifts are of standard duration.
3. Reducing the percentage of time required to solve specific problems.
4. For certain groups of citizens, reduced working hours are the norm.

Have a question for a lawyer?

Working time is the time during which an employee, in accordance with the internal labor regulations (hereinafter referred to as the internal labor regulations) and the terms of the employment contract, must perform labor duties (Article 91 of the Labor Code of the Russian Federation).

They are not working time, but due to their functional purpose the following periods are equated to it: breaks for feeding a child (Part 4 of Article 258, Article 264 of the Labor Code of the Russian Federation), downtime (Article 157 of the Labor Code of the Russian Federation), break for meals at the place where work is performed (Part 3 of Article 108 of the Labor Code of the Russian Federation), special breaks during working hours (Article 109 of the Labor Code of the Russian Federation, letter of Rostrud dated 04/11/2012 N PG/2181-6-1), business trip period, inter-shift rest during time spent on shift, etc.

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The two-hour lunch was already used for purposes other than its intended purpose - for paperwork and work meetings. The actual meal took about 20 minutes. That is, if you shorten Friday hours to organize a more comfortable move or flight to the regions, then there will be no reduction as such, but only a “reformatting of the working time schedule.”

Alexander Safonov, vice-rector of the Academy of Labor and Social Relations, also believes “this is an absolutely legal decision related to the specifics of organizing the work process.” All aspects related to work and rest time can be specified in the employment contract between the workforce and management. If, for example, lunch takes 45 minutes, then it can be reduced to 30, but take three more 5-minute breaks. So the deputies may well make such a decision, just like any other team.

Sergei Chinnov, deputy chairman of the Moscow Federation of Trade Unions, believes that due to the introduction of new technologies, the working week can generally be reduced to 4 days (32 hours) while maintaining wages. In France they generally want to introduce a 25-hour working week.

Friday is a short day according to the labor code

According to the requirements of the Labor Code of the Russian Federation, working hours on a pre-holiday day must be reduced by the employer by one hour. Just like all the requirements of the codified legislative act on labor, this requirement must be strictly fulfilled throughout the territory of Russia, in all institutions that belong to the Russian Federation.

But very often it happens that the organized production process does not allow reducing the working hours of the day before a holiday. There are also cases that some employers do not want to reduce the operating hours of the enterprise before the holiday. What alternative to a pre-holiday shortened working day exists according to the laws of the Russian Federation, and what should be done in the case of intractable company managers who do not want to reduce the pre-holiday working day?

What is considered a short pre-holiday day?

A pre-holiday day, according to the Labor Code, is considered to be the working day immediately preceding the day officially recognized as a holiday in the Russian Federation (according to Part 1 of Article 95 of the Labor Code of the Russian Federation).

It must be borne in mind that holidays mean those holidays (there are eight of them) that are stated in Article 112 of the Labor Code of the Russian Federation (in Russia, holidays are from January 1 to January 5 - New Year's celebration, January 7 - Christmas, February 23 - Day Defender of the Fatherland, March 8 - International Women's Day, May 1 - Workers' Solidarity Day, Victory Day May 9, June 12 - Russian Independence Day, November 4 - Harmony and Reconciliation Day).

Short days at work and the labor code. Rules regarding shortening the pre-holiday day.

The pre-holiday working day, which is subject to reduction by 1 hour, must precede the holiday. If a holiday falls on Monday, then Friday cannot be considered a pre-holiday day and cannot be shortened.

Part-time workers, employees working on a part-time or part-week schedule, enjoy all the rights to reduce working hours on the pre-holiday day as the main staff of the enterprise (this rule is stipulated in Part 3 of Article 93 of the Labor Code of Russia).

If before a holiday there is a replacement of working and non-working days (for example, any day of the working week and Sunday are swapped), then working Sunday will be considered a pre-holiday day only when it immediately precedes the holiday itself. If this newly formed working day does not precede a holiday, then its working time is not subject to reduction.

In what cases may shortened working days not be provided? An alternative to shortening the working day before the holiday.

Since not all institutions and organizations have the opportunity to provide employees with the right to a shortened working day before a holiday, the Labor Code of the Russian Federation (Part 2, Article 95) provides for a situation without a shortened pre-holiday day. This rule applies, as a rule, to organizations engaged in public service activities, organizations with a continuous production process, etc. The heads of these organizations are required to correctly draw up personnel documentation in order to take advantage of the opportunity not to shorten the working day before the holiday.

It happens that in one organization different employees may have the opportunity to work an hour less on the day before a holiday, or not have this opportunity - it all depends on the position, on the duties performed by the employees. Each head of an enterprise is obliged to draw up a list of positions that are not given the opportunity to shorten the pre-holiday day and approve it. When hiring employees for positions that are noted in the list, they should familiarize themselves with this list before signing a formal employment contract.

According to Part 2 of Article 95 of the Labor Code of Russia, every employer who has not provided its employees with a shortened pre-holiday day is obliged to compensate for it - by corresponding payment of money for overtime or by providing additional time for rest at another time.