Article 94 of the Labor Code of the Russian Federation 2021. Duration of daily work (shift)

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In companies, the duration of daily work depends on the type of business, production conditions, and the approved work and rest schedule. It is secured by the company’s internal documents and employment contract.

What is meant by a working day and how its duration is regulated
Weekly work time limits
For whom is the maximum number of hours per shift fixed?
Duration of the working day preceding a holiday and at night
Part-time work at the request of the employee

At the legislative level, only the maximum weekly work time is regulated, and a number of restrictions on the length of the shift are established for certain groups of personnel.

When determining the duration of the labor process, employers should take into account all the features established in regulations.

What is meant by a working day and how its duration is regulated

The period of time during the day when an employee performs the labor function assigned to him by the employer is called a working day.

Section 4 of the Labor Code of the Russian Federation (.docx)"

The duration of employment per day, the start and end times of activities, the frequency of rest breaks and their total time length are fixed by local regulations, rules, and shift schedules.

If the procedure for organizing the work of individual employees differs from that generally accepted by the employer, then it must be indicated in their employment contracts.

According to the requirements of Art. 91 of the Labor Code of the Russian Federation, the employment of personnel by the employer cannot exceed 40 hours. in Week. This rule is mandatory for all employers, regardless of their field of activity or methods of organizing work.

What problems does analysis help solve?

Analysis of the efficiency of using working time allows you to:

Obtain objective information about how effectively working time is used.
Establish the volume of losses, discover the causes of their occurrence.
Determine how different factors influence changes in production volume in one direction or another.
Calculate how many workers can be released from production.

In the current economic conditions, analyzing the use of working time by employees will help to find reserves for increasing labor productivity. Effective use of labor resources will help reduce the cost of manufactured products, increase profitability and profit.

Weekly work time limits

Certain categories of personnel have a limited time limit for performing weekly professional duties (Article 92 of the Labor Code of the Russian Federation).

They are subject to the following restrictions on its duration:

For citizens under 16 years of age – within 24 hours;
For workers from 16 to 18 years of age, workers in places with harmful factors (3rd and 4th degree) and dangerous working conditions - no longer than 36 hours;
For employees with disabilities of groups I and II – within 35 hours;
For teachers - the norm is 36 hours;
For staff of medical institutions – up to 39 hours;
For citizens participating in research and development work with toxic chemical weapons materials and related to the liquidation of relevant facilities for their production - up to 24 hours;
For those who transport, service and ensure the safety of chemical weapons - within 36 hours;
For veterinarians and other working citizens providing anti-tuberculosis care when serving animals with tuberculosis - no more than 30 hours.

The indicated reduction in the working week for the above groups of personnel, except for citizens under 18 years of age, is their full norm and does not lead to a reduction in wages.

That is, such employees should receive wages similar to those accrued for 40 hours of work under normal conditions.

Salaries based on the amount of time worked are paid only to citizens with a reduced rate of up to 18 years.

Companies, when developing schedules for employees to go to work and stipulating in internal documents the duration of performance of labor functions during the day, are required to adhere to the above maximum permissible values.

They can use, in agreement with the trade union or work collective, a work week of 5 or 6 days, a flexible mode of work organization (work schedules, shifts).

Regardless of the work arrangement option chosen, the employer must adhere to the above weekly work time limits.

For some groups of workers, the laws establish a maximum working day.

Labor Code of the Russian Federation

16 hours per week - for workers under the age of sixteen;
5 hours per week - for employees who are disabled people of group I or II;
4 hours per week - for workers aged sixteen to eighteen years;
4 hours a week or more - for workers engaged in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

The length of working time for students of educational institutions under the age of eighteen who work during the academic year in their free time from school cannot exceed half of the norms established by part one of this article. Federal law may establish reduced working hours for other categories of workers (teaching, medical and other workers). Article 93. Part-time working time By agreement between the employee and the employer, a part-time working day or a part-time working week may be established both upon hiring and subsequently.
The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a patient family member in accordance with a medical report. When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed. Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights. Article 94. Duration of daily work (shift) The duration of daily work (shift) cannot exceed:

for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;
for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from
fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 3.5 hours;
for disabled people - in accordance with a medical report.

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.

For creative workers of cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses, media, professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation, the duration of daily work (shift) can be established in accordance with with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.
Article 95. Duration of work on the eve of non-working holidays and weekends The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour. In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on 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. Work at night Night time is the time from 22:00 to 6:00. The duration of work (shift) at night is reduced by one hour. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement. The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations. The following are not allowed to work at night: pregnant women; disabled people; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under five years of age without a spouse , as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. In this case, these employees must be informed in writing of their right to refuse to work at night. The night work procedure for creative workers of cinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local a regulatory act or an agreement of the parties to an employment contract.

Article 97. Work outside the normal working hours Work outside the normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime work).

Article 98. Work outside the normal working hours at the initiative of the employee (part-time work) At the request of the employee, the employer has the right to allow him to work under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours as an internal part-time job. . An employee has the right to conclude an employment contract with another employer to work on an external part-time basis, unless otherwise provided by this Code or other federal laws. Work outside normal working hours cannot exceed four hours per day and 16 hours per week. Internal part-time work is not permitted in cases where reduced working hours are established, with the exception of cases provided for by this Code and other federal laws.

Article 99. Work outside the normal working hours at the initiative of the employer (overtime work) Overtime work is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours per accounting period. period. Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases: 1) when performing work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate the consequences of an industrial accident or natural disaster; 2) when carrying out socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning; 3) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) within the normal number of working hours, if failure to perform (non-complete) this work may result in damage or destruction of the employer’s property, state or municipal property or create a threat to the life and health of people; 4) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers; 5) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee. In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization. Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with federal law. Involving disabled people and women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse overtime work. Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. The employer is required to ensure accurate records of overtime work performed by each employee.

Chapter 16. Working hours

Article 100. Working time regime The working time regime must provide for the length of the working week (five days with two days off, six days with one day off, a working week with days off on a sliding schedule), work with irregular working hours for certain categories of workers, the duration of the daily work (shift), start and end time of work, time of breaks in work, number of shifts per day, alternation of working and non-working days, which are established by a collective agreement or internal labor regulations of the organization in accordance with this Code, other federal laws, collective agreement, agreements. Features of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.

Article 101. Irregular working hours An irregular working day is 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 normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

Article 102. Working in flexible working hours When working in flexible working hours, the beginning, end or total duration of the working day is determined by agreement of the parties. The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others).

Article 103. Shift work Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules are usually an annex to the collective agreement. Shift schedules are brought to the attention of employees no later than one month before they come into effect. Working two shifts in a row is prohibited.

Article 104. Summarized recording of working time In organizations or when performing certain types of work, where, due to production (work) conditions, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized recording of working time so that the duration working hours for the accounting period (month, quarter, etc.) did not exceed the normal number of working hours. The accounting period cannot exceed one year. The procedure for introducing summarized recording of working time is established by the internal labor regulations of the organization.

Article 105. Dividing the working day into parts In those jobs where it is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration working hours did not exceed the established duration of daily work. This division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.

For whom is the maximum number of hours per shift fixed?

In addition to the limit values for the duration of weekly employment with the employer, for some categories of personnel the maximum permissible employment time per day is established (Article 94 of the Labor Code of the Russian Federation).

Let us consider the composition of such workers and the work regime permitted for them.

Citizens who have not reached the age of majority, including those who combine study with work during rest between parts of the academic year:

14 - 15 years old - 4 hours;
For workers 15 - 16 years old - 5 hours;
16 - 18 years old - equals 7 hours.

Students under 18 years of age who combine study and work during their studies. of the year:

14 - 16 years old - should not exceed 2.5 hours;
16 - 18 years old - up to 4 hours.

Citizens performing local duties in hazardous working conditions:

If the maximum weekly employment time in such areas is limited to 36 hours - no more than 8 hours;
If the weekly limit is 30 hours, within 6 hours.

In addition, in the case where the company uses a 6-day weekly work schedule, the working day on the eve of the weekend is limited to 5 hours.

An industry agreement or collective agreement for employees working in hazardous and hazardous areas is allowed to increase the duration of the shift, subject to the requirement not to exceed the maximum duration of work per week:

Weekly work is limited to 36 hours - up to 12 hours;
If allowed to work up to 30 hours within 7 days, no more than 8 hours.

The maximum working day duration not exceeding 12 hours is fixed:

For those who work on shift;
Members of the crew of self-propelled vessels.

How else can you use the formula?

The calculation of the average working day is included in the formula for calculating not only the working day utilization rate, but also the integral coefficient (Kint), which simultaneously takes into account how effectively the working day and working year are used.

Its formula:

Kint = Kird * Kirg,

where Kirg is the utilization rate of the working year. This indicator is determined by the ratio of the average actual duration of the working period to the average duration of the same period (year), the maximum permissible. Data for calculation is taken in days.

In the formula Kird = PRDsrF/PRDsrN, the average working day can actually be calculated only according to lesson indicators, i.e. excluding overtime hours, but taking into account intra-shift downtime. Some analysts believe that such calculations provide a more accurate picture of the use of a company’s labor potential, in particular, a more accurate integral coefficient.

Basics

The average working day formula is the ratio of man-hours worked to man-days for the same period. If the sum of man-hours includes overtime, the result is a full working day. If hours of overtime work are excluded from the calculation, the average duration is called regular time. Both calculation options are used both in calculating the average working day itself and in calculating other indicators based on it.

Duration of the working day preceding a holiday and at night

Labor legislation prescribes reducing the duration of a shift by an hour if it occurs immediately before a holiday (Article 95 of the Labor Code of the Russian Federation).

This provision must be applied regardless of the chosen work mode: 5, 6-day work or shift schedule.

An exception is established only for companies with a continuous production process, in which, instead of reducing the duration of work, it is provided for the provision of additional hours of rest or increased payment, as for overtime hours for overtime.

When a holiday is moved to another working day, the duration of the shift must correspond to the working time established for the day to which the rest time is moved.

A controversial point is still the issue of reducing the pre-holiday shift when accounting for hours worked in the order of summation.

There are 2 points of view on this issue:

Shifts should be shortened on the eve of holidays, since this requirement applies to all options for organizing work;
Shifts before holidays do not need to be reduced by an hour, since the work schedule must be drawn up taking into account the maximum norm of 40 hours. per week for the accounting period.

In addition, the working day cannot be shortened by an hour if a holiday is preceded by a day off.

In a situation where an employee is involved in performing official functions in the dark from 10 p.m. to 6.00 a.m., such a shift should be reduced by an hour compared to the daytime.

An exception to this rule has been approved:

For employees hired exclusively for night work only;
For enterprises with a continuous production pattern, where such a reduction in working time is impossible in accordance with working conditions.

Calculation example

Let us explain the use of the formula using conditional examples and calculations. Let us assume that, according to personnel records, 875,280 man-hours and 110,810 man-days were actually worked in the organization during the period. Then the actual average working day (APSD) will be equal to 875280/110810 = 7.9 hours.

Let there be 490 employees in an organization, of which 470 have a working day of 8 hours, and 20 have a shortened working day of 7 hours. The average standard working day (PRDsrN) will be (470*8 + 20*7)/490 = (3760 + 140)/490 = 3900/490 = 7.96 hours.

Workday utilization rate (Kird) is calculated as 7.9/7.96 = 0.99 = 99%.

Based on the data obtained, we can say that the average working day in the organization is close to the calculated indicators based on legal requirements. This indicates the correct, effective use of daily working time.

How is the analysis carried out?

When analyzing the use of working time, employees of the financial and economic service compare reporting data with planned indicators. Also, data for the reporting period is compared with similar indicators of previous years. The analysis should be carried out as a whole for the business entity, for individual divisions and for different categories of employees.

The efficiency of using working time is clearly demonstrated by the ratio of actually worked time to planned time. Particular attention is paid to the types of losses and the sources of their formation: sick leave, absenteeism, downtime due to lack of raw materials, downtime due to equipment malfunction, power failures, etc.

Data for analysis is obtained, incl. from the following documents

Reports on the implementation of the labor plan.
Report cards for work.
Photos of the working day and other primary documentation.
Labor statistical reports.
Data on losses from defects (required to determine unproductive losses).

When carrying out calculations for analysis, all workers must be divided into two categories:

industrial production personnel - includes all employees associated with the main activities of the organization;
non-industrial personnel - this includes employees of other departments that are part of the enterprise, for example, a canteen, a first-aid post, a library, etc.

Analysis of the use of working time fund is an important element of the analytical activity of each business entity. The responsible specialist performs calculations in two areas: lost working time and unproductive use of working time. It should be noted that the volume of manufactured products is influenced by the number of employees to a lesser extent than the amount of labor expended.