For whom is the 36 hour work week established?

Length of working hours per week

Currently, the state is guarding a reasonable combination of work and rest, and it strictly sets the maximum length of the working week.

IMPORTANT! The length of the working week for all categories of workers cannot exceed 40 hours (Article 91 of the Labor Code of the Russian Federation).

Varieties of the work week:

• five days with 2 days off;
• six days with 1 day of rest;
• working week with days off on a rotating schedule;
• part-time work week.

The length of the working week in conjunction with other labor parameters (start and end times of the working day, duration and schedule of regulated breaks, number of work shifts, alternation of working days with rest days, etc.) is established by internal labor regulations, collective agreement and other legal regulations (Article 100 of the Labor Code of the Russian Federation).

The working week has a similar length not only in Russia, but also in other countries. The 40-hour work week occupies a middle position in the range of countries with a longer or shorter working week. For example, in China the working week lasts 60 hours, in Japan - 50, and in Finland only 33.

Differences between short-time and part-time work

The standard working week in Russia is 40 hours according to the “5 in 2”, “6 in 1” schedule, sliding, shift or other. No matter what Dmitry Anatolyevich promises, not everyone can work less than 40 hours, although the list of preferential categories is quite large.

But first you need to decide how a shortened working day differs from a part-time one, because the words are very similar in meaning. The difference is this:

• short-time work means that a person works less than 40 hours a week, receiving a full salary (as if working full time);
• Part-time work means that a person works less than 40 hours a week, but his salary is reduced in proportion to the time worked.

As for a shortened working day (or a shortened working week, logically these are equivalent things), only a few categories of workers

:

• teenagers under 18 years of age;
• disabled people of groups I and II;
• performing work under harmful or dangerous working conditions;
• doctors and teachers;
• women in the Far North and equivalent territories, as well as in rural areas;
• all workers - in extreme heat in summer or cold in winter;
• correspondence students in preparation for higher education qualifications and state exams.

For each category, clear restrictions on the length of the working week

which the employer is obliged to comply with in any case.

In addition to these cases, the Labor Code prescribes shortening the working day by 1 hour before a public holiday. Since workers in this situation will be paid in full, this should be considered a shortened working day.

Part-time work differs from short-time work in that it is established by agreement between the employee and the employer (but sometimes the employer cannot refuse this).

So, if you want to work less than the established duration

working week can:

• pregnant women;
• employees who are raising a child under 14 years of age;
• employees who are caring for a sick relative;
• employees who care for a disabled child under 18 years of age.

Part-time work refers to situations when an enterprise for some reason cannot work a full week (usually financial problems). Then the part-time mechanism also starts.

In Russia, workers' rights regarding working time are not yet fully respected, so everyone should know what privileges they can claim.

Women's work week

Women belong to a separate category of workers, especially protected by law. Various benefits and relaxations in work and rest regimes are provided for them. The length of the working week (WW) is one of the adjustable elements of women’s work.

A shortened working week for women is discussed not only in the Labor Code, but also in other legal acts.

For example:

• Art. 320 of the Labor Code of the Russian Federation determines the possibility of establishing a work permit lasting 36 hours for women performing labor functions in the regions of the Far North and equivalent areas;
• Resolution of the Supreme Council of the RSFSR dated November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas” established a 36-hour working week for women working in rural areas with the same salary as in full weekly work (40 hours).

For women with children, the state provides benefits for the duration of RN:

• if children are under 1.5 years old;
• for older children (up to 14 years old).

In relation to the first category - nursing mothers - the law does not provide for a direct rule on a reduced pH. However, the RN of this category of workers still has a reduced duration due to the provisions of Art. 258 of the Labor Code of the Russian Federation additional breaks for rest and nutrition. At the request of the woman, these breaks can be transferred to the end of the working day, which reduces the 8-hour working day by an hour. A break to feed a child is paid in the amount of average earnings.

If a woman has an older child (under 14 years of age), then, upon her application, a part-time working day can be established at the normal duration of the RN with payment in proportion to the time worked.

Get acquainted with the legally established guarantees for women with children from the materials on our website:

• “Assignment and payment of child care benefits up to 1.5 years old”;
• "Children's benefits have been indexed."

Additional payment for the village

Moreover, it is not the place of residence that matters, but the place of work of the woman. That is, those who live in the countryside but work in the city will not have these benefits and guarantees. And if a woman from the city comes to work in the countryside, she will receive them in full.

Deputy Head of the Department of Labor and Employment of the Belgorod Region Vitaly Shein draws attention to the fact that amendments to labor legislation apply to all women working in rural areas: from employees of agricultural enterprises to doctors, librarians, and postal workers.

Benefits and guarantees were introduced back in 1991 by Resolution of the Supreme Council of the RSFSR dated November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas.” Some of them were in other documents. Now all of them have been transferred to the Labor Code of the Russian Federation, where a new article 263.1 has appeared. It was introduced by Federal Law No. 372-FZ of November 12, 2019 “On amendments to the Labor Code of the Russian Federation regarding the establishment of guarantees for women working in rural areas.”

So, what benefits and guarantees for rural women workers appeared in the Labor Code and how will they operate?

Firstly, the right to be granted, upon written application, one additional day off per month without pay. If a woman submits such an application, the employer has no right to refuse her.

Secondly, the new article of the Labor Code establishes reduced working hours - 36 hours per week, unless federal legislation establishes shorter working hours for them. At the same time, women working in rural areas receive wages in full, as for a 40-hour work week.

If, due to production needs, a woman must work 40 hours, then weekly overtime is recognized as overtime work and is paid at an increased rate (Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1 of January 28, 2014 “On the application of legislation regulating the work of women and persons with family responsibilities and minors").

Thirdly, a woman working in rural areas has the right to an increased wage if her working day is divided into parts.

“For us, all this norm has always been in force, although it was not spelled out in the Labor Code of the Russian Federation. They were in Soviet regulations,” Lyudmila Sergeeva, deputy head of the Krasnoyarsk district of the Astrakhan region for social policy, told RG. — In all rural budgetary institutions: schools, cultural centers, libraries, kindergartens, our women work a 36-hour week. 7 hours and 12 minutes a day. And an additional day off is provided: this is stipulated in the collective agreements of all institutional budgets. Women mainly take this day off to prepare their children for school, kindergarten, and undergo medical examination.”

We are talking specifically about rural workers, since they can even live in the city

The benefit introduced into the Labor Code of the Russian Federation may be useful for female employees of commercial institutions, since their managers prescribed a shortened “women’s” day at their discretion. At the same time, owners of, for example, farms most often hire employees at 0.5 times the rate, so they have no need for a shortened week.

“But the standard for establishing higher wages in jobs where, due to working conditions, the working day is divided into parts is very necessary,” says Lyudmila Sergeeva. “It is necessary for those who have a “discontinuous” nature of work: for example, a milkmaid comes for morning and evening milking, and a janitor cleans the school grounds in the morning and after the students leave. And for the fact that a woman comes and goes to the site twice a day, or even comes and leaves, an additional payment is introduced.”

Now, the interlocutor of Rossiyskaya Gazeta explains, its size is established by local acts between the institution and the employee. It could be ten percent or thirty. Due to the fact that the benefit is being introduced into the Labor Code, the process will be more streamlined. “But it will likely require by-laws to establish the type and amount of that payment.” There are two types of such additional payments: compensatory and incentive. “It’s good if it’s compensatory, then it won’t be possible to take it away from the employee,” says Lyudmila Sergeeva.

“The fact that the Labor Code is being supplemented with such provisions is very good,” says Vitaly Shein. — The employer may not pay due attention to the resolution, but the Labor Code of the Russian Federation is on the desk of every manager. And if the norm is spelled out in it, the employer understands that he is obliged to follow the law.” Also, in his opinion, the rules collected together are much easier for both parties signing an employment contract to navigate.

“But it’s now difficult to say how often residents of Belgorod villages use their right to a short work week or an additional day off,” admits Shein. — It’s no secret that a lot depends on the microclimate in the team: in some places employees are willingly released from work “for family reasons,” but in others they look askance at such requests. In any case, the new article of the Labor Code allows us to protect the rights of rural women.”

*This is an expanded version of the text published in the issue of “RG”

Shortened working week for teenagers, harmful people and disabled people

The working life of the younger generation is marked by a shorter working week. In this case, the duration varies depending on age and cannot exceed:

• 24 hours - for teenagers under 16 years old;
• 35 hours - for the working young generation aged 16 to 18 years;
• 17 hours - if a minor worker simultaneously receives secondary education.

If the company’s employees are exposed to unfavorable factors when performing their work functions, the duration of the RN should be less than the legally established 40-hour norm.

Study dangerous and harmful production factors with materials from our website:

• “Dangerous and harmful production factors (list)”;
• “What refers to harmful working conditions (nuances)?”

The time frame for RN in this case is as follows:

• no more than 36 hours - if employees come into contact with dangerous and harmful factors;
• no more than 24 hours - if workers work with dangerous chemicals or weapons.

The reduction in the working week of this category of workers is dictated by the need to preserve their health under the influence of unfavorable conditions during work.

For members of the workforce whose health and ability to work have already been partially lost (disabled people of groups 1 and 2), the duration of the RN is also set in a shortened version. They are required to work no more than 35 hours a week.

Women workers in rural areas receive the right to:

• one additional day off per month without pay;
• establishing a reduced working time of no more than 36 hours per week, while maintaining wages in the same amount as for a full working week.

Before the adoption of the law, the right of rural women to shortened working hours was not secured by federal law.

Its adoption guarantees rural women protection from the risk of reduced wages for a shortened week and underpayments for difficult working conditions

Professional work week

Representatives of certain professions are required by law to reduce the length of the working week.

For example:

• for teachers, RN is established for a duration of no more than 36 hours (Article 333 of the Labor Code of the Russian Federation);
• for doctors - no more than 39 hours (Article 350 of the Labor Code of the Russian Federation);
• for senior teachers of preschool institutions - no more than 36 hours;
• for teachers of 1st and 2nd grades of music and art schools - no more than 24 hours;
• for physical education teachers - no more than 30 hours;
• for crew members of civil aviation aircraft (pilots, navigators, flight engineers, flight mechanics, flight radio operators, flight operators) when performing flight work - no more than 36 hours (Resolution of the Ministry of Labor of the Russian Federation dated July 12, 1999 No. 22).

The influence of the length of the working week on the standard working hours

The standard working hours and the duration of the RN are directly related. To calculate the standard working time for RN lasting 16, 24, 33 hours, etc., a single methodology is used.

IMPORTANT! To determine the norm of working time for different durations of RN, the Procedure for calculating the norm of working time depending on the length of the working week, approved by Order of the Ministry of Health of Russia dated August 13, 2009 No. 588n, is used.

To calculate the standard working hours in a certain month, you must follow the algorithm:

• determine the duration of RN (24, 30, 36, 39, 40, etc.);
• divide the pH by 5;
• multiply the obtained result by the number of working days according to the five-day RN calendar of a particular month;
• from the result, subtract the number of hours in a given month by which working hours are reduced on the eve of non-working holidays.

Working hours were longer for men than for women

As follows from the results of the study available to RG, the largest difference in the number of hours worked is observed in four regions of the North-West.

All four subjects belong to the Arctic territories. And in the regions of the Far North, according to the Labor Code, women’s working hours, in principle, should not exceed 36 hours a week. In addition, at the level of subjects or individual companies, additional measures are taken to support women, for example, on special days, when schools or kindergartens are closed due to frost, women are often allowed to stay at home with their children and not go to work. Hence the strong disproportion. But there are additional nuances.

Thus, in the Nenets Autonomous Okrug, men work on average 1 hour 50 minutes longer than women. On average, their shift is almost seven hours, while for women it is just over five. This is due to several factors. Thus, in the Nenets Autonomous Okrug there are many mining enterprises where mostly men work, and on a rotational basis.

Women also come on duty, but there are relatively few of them; women work at enterprises as cooks, administrators, and nurses.

In addition, reindeer herding is widespread among the indigenous population in the Nenets Autonomous Okrug. In practice, it looks like this: several men lead the reindeer to the nomadic places, and the plague workers provide for their daily life. Both the reindeer herder and the plague worker are official professions, and the working hours for men and women in reindeer herding are the same. But at the same time, women in the Nenets Autonomous Okrug are increasingly refusing the fate of plague workers; accordingly, in some communities, men are learning to provide for their daily lives during nomads on their own.

And women in the Nenets Autonomous Okrug are increasingly choosing a different field of activity: they work in kindergartens, schools, and get jobs as cooks in small bakeries that open even in the most remote villages.

In Karelia, men work longer than women by 1 hour and 37 minutes. The region also has its own nuances. Thus, the basis of the republic’s GRP is mining and manufacturing industries, where mostly men work at the machines. In a number of small towns, women often take part-time jobs, for example, as cleaners in small companies.

In the Komi Republic, men work longer than women by 1 hour 35 minutes; this figure is also explained by the prevalence of the rotation method in mining companies. The fourth region with the largest difference is the Murmansk region, where women work 1 hour 32 minutes less than men.

The longest working day in the country is 8 hours 1 minute for men in the Kaliningrad region. This is the only region in the country where, according to statistics, men work a 40-hour work week. For women, working hours are 37 hours 6 minutes. In other regions, the average is 37-38 hours, and in many regions the length of the working week is falling.

Experts explain this by the fact that a number of employers have begun to transfer employees to part-time positions.

In St. Petersburg, women work on average 50 minutes a day less than men; in Moscow, the difference is half an hour.

The only region in the country where women worked longer hours than men was Chechnya. Here, ladies work on average seven hours a day, and men - 6 hours 52 minutes.

Remote nuance of the length of the working week

In modern conditions, an employee has the right to work without coming to the workplace every day, that is, to work remotely. This is especially true for persons who have partially lost their ability to work and (or) have impaired body functions (disabled people).

As indicated in one of the previous sections of the article, benefits in the form of a shortened RN are provided for disabled people of groups 1 and 2. Such a feature of work activity as remote work does not deprive an employee of the right to a shortened work schedule.

IMPORTANT! Thanks to Art. 312.1 of the Labor Code of the Russian Federation, remote workers are subject to all labor legislation.

Considering that the remote worker himself determines the duration of the work shift (if the employment contract does not stipulate a specific work schedule), the employer does not bear responsibility for possible overtime - this issue remains solely the prerogative of the employee.

If the working hours are specifically defined in the employment agreement (contract), then if a remote worker has a disability of group 1 or 2, he can work no more than 35 hours a week (Article 92 of the Labor Code of the Russian Federation). At the same time, he retains the right to full payment.

The material “Unified Form No. TD-1 - Employment Contract” will help you get acquainted with the contents of the employment contract.

Workweek thresholds

The maximum duration of the launch vehicle was discussed in the first section of the article - it is limited by Art. 91 of the Labor Code of the Russian Federation and is 40 hours.

The legislation is silent about its minimum value - the lower limit of the duration of the RN is not defined by any legal acts.

For example, you can enter into an employment contract with an employee, setting his working hours at 1 hour. It should not be forgotten that Art. 133 of the Labor Code of the Russian Federation prescribes that an employee (who has fully worked the standard working hours and fulfilled his job duties) be paid a monthly salary not lower than the minimum wage.

In the case where the duration of the work assignment is 1 hour, the minimum wage should not be lower than that calculated on the basis of the minimum wage in proportion to the time worked.

Find out everything about the minimum wage from the materials on our website:

• “In 2021 - a new minimum wage”;
• “The amount of the minimum wage for calculating sick leave (2016, 2015, 2014, 2013)”.

Results

The length of the working week is established by labor, collective agreements or other regulations. The maximum duration cannot exceed 40 hours.

A shortened working week is provided for by law for certain categories of workers (teenagers, nursing mothers, teachers, doctors, etc.).
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