The duration of daily work (shift) cannot exceed: for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours; for students in basic general education programs and educational programs of secondary vocational education, combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours; for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed: for a 36-hour work week - 8 hours; with a 30-hour work week or less - 6 hours.
An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift) established by part the second of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to the maximum weekly working hours established in accordance with parts one - three of Article 92 of this Code: with a 36-hour work week - up to 12 hours; with a 30-hour work week or less - up to 8 hours.
Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.
Commentary on Article 94 of the Labor Code of the Russian Federation
The duration of daily work (shift) is fixed in the internal labor regulations, collective agreement, and other local regulations, taking into account the stipulated duration of working hours per week (Article 91 of the Labor Code). The duration of daily work (shift) is also determined by shift schedules.
Article 92 of the Labor Code, as indicated when considering reduced working hours, established the duration of the shortened working week from 24 to 36 hours, depending on the category of workers. Both with the normal length of the working week and with its reduced duration, the weekly norm of working time is fulfilled during the calendar week. At the same time, the duration of daily work (shift) depends on the type of working week - five or six days. The internal labor regulations, and in some cases, the employment contract, establish the type of working week. These acts, and in case of multi-shift work - shift schedules, determine the number of shifts during a calendar day and the duration of daily work in compliance with the established length of the working week. In most cases, the employer organizes the work of employees by establishing a working week with two days off. In cases where, due to the nature of production and working conditions, it is inappropriate to introduce a five-day work week, a six-day work week with one day off is established. With a 40-hour, five-day work week, an eight-hour duration of daily work (shift) is established, and with a six-day work week, a seven-hour duration of daily work (shift) for five working days, and on the sixth day, the duration of daily work (shift) is reduced to five hours (hours). 3, Article 95 of the Labor Code). This ensures compliance with the weekly working hours.
With reduced working hours, the duration of daily work (shift) should not exceed that established in Parts 1, 2 of Art. 94 Labor Code for relevant categories of workers.
It is allowed to increase the duration of daily work (shift) for workers engaged in work with harmful and (or) dangerous working conditions. At the same time, in accordance with Art. 92 of the Labor Code must comply with the maximum weekly working hours for a certain category of workers.
For creative workers, the List of which is approved by Decree of the Government of the Russian Federation dated April 28, 2007 N 252 “On approval of the List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons participating in the creation and (or) performance (exhibition) of works, the specifics of whose labor activity are established by the Labor Code of the Russian Federation" <1>, the duration of daily work (shift) in accordance with Art. 94 of the Labor Code can be established in accordance with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.
——————————— <1> NW RF. 2007. N 19. Art. 2356.
The duration of daily work (shift) of certain categories of workers is regulated by by-laws.
So, for example, the Regulations on the peculiarities of the working hours and rest time of tram and trolleybus drivers, approved by Order of the Ministry of Transport of Russia dated October 18, 2005 N 127 <1>, establishes that for drivers with a five-day working week, the normal duration of daily work (shift) cannot exceed eight hours, and for those working on a six-day working week calendar - seven hours.
——————————— <1> BNA. 2005. N 49.
A few words about recognizing a person as disabled
Currently, recognition of a person as disabled is carried out by the federal institution of medical and social examination in accordance with the Procedure and conditions for recognizing a citizen as disabled , established by Decree of the Government of the Russian Federation of February 20, 2006 No. 95 (hereinafter referred to as Procedure No. 95 ). By virtue of clause 9 of Order No. 95 , disability is established:
– for group I – for two years;
– for groups II and III – for a year.
At the same time, according to clause 12 of Order No. 95 , disability is established until the 1st day of the month following the month for which the next medical and social examination of the citizen (re-examination) is scheduled. In accordance with paragraph 36 of Order No. 95 , a citizen recognized as disabled is issued a certificate confirming the fact of disability, indicating the disability group, as well as an individual rehabilitation program.
The form of the certificate is approved by Order of the Ministry of Health and Social Development of the Russian Federation dated November 24, 2010 No. 1031n , and the form of the individual rehabilitation program is approved by Order of the Ministry of Health and Social Development of the Russian Federation dated August 4, 2008 No. 379n .
For a citizen who has a document on temporary disability and is recognized as disabled, the disability group and the date of its establishment are indicated in a certificate issued by a medical and social examination institution ( clause 37 of Procedure No. 95 ). Having received a medical and social examination certificate from the employee, the employer must check the correctness of its execution, in particular, the presence of all the necessary data.
Length of working day for disabled people of groups 1 and 2
According to Federal Law N181 “On the social protection of disabled people in the Russian Federation” and Article 92 of the Labor Code of the Russian Federation, persons with special needs belonging to categories 1 and 2 should not work more than 35 hours a week with a five-day or six-day work schedule.
The length of working hours per day for disabled people of group 2 is determined by doctors at the ITU. An employer who hires a person with disabilities must comply with these recommendations and not exceed the permissible limit. He is also obliged:
- provide paid leave annually during the period chosen by the employee;
- send an employee on vacation at his own expense without giving reasons for up to 60 days a year;
- take written consent when assigned to a night shift (sending on a business trip, working overtime);
- hire a person with special needs, sent to his enterprise from the Employment Center against a quota;
- do not fire an employee without good reason.
Group 1 disabled people work less than 35 hours a week, if this is prescribed in their individual rehabilitation program.
Thus, the working day for disabled people of groups 1 and 2 is on average 7 hours. However, under special conditions and shift schedules, time may vary, but not exceed 35 hours per week.
35 hour work week for disabled people
Working disabled people, in accordance with the Labor Code of the Russian Federation, are allowed to be at work for a maximum of 35 hours a week. But this is not the minimum duration. According to the act received during the process of the medical expert commission, the work activity of citizens with such social status may be further reduced. The employer must strictly comply with this requirement. There are some other points regarding reduced working hours for disabled people. This is determined by the MSEC for each subject with this category personally.
To a disabled person who has fully worked the time specified in the individual rehabilitation program, the company must pay wages in full. Moreover, wages are set at the approved rate and it is prohibited to reduce it.
Working hours and other working preferences for disabled people of groups 2 and 3
Group 3 disabled people are generally not given a shortened working day or week. Like all other workers, they will have to work 40 hours weekly. But if the medical report drawn up by the ITU contains restrictions regarding the need to shorten the shift, then the employer is obliged to do this (Article 11 and 23 of Federal Law No. 181, Article 95 and 224 of the Labor Code of the Russian Federation).
If a citizen has been assigned a group 2 disability, he must work no more than 35 hours weekly - as stated in Article 92 (Part 1) of the Labor Code of the Russian Federation. And the permissible length of the working day is established by doctors in the certificate of disability.
In addition, the employer must take into account other rights of employees with disabilities (II or III groups):
- An annual vacation period of at least 30 days (Article 23 of Federal Law No. 181) must be paid at the expense of the employer;
- A disabled person has the right to leave at his own expense (for personal/family reasons) - up to 60 days per year;
- According to the laws of the Russian Federation, an employee with disabilities cannot be called up for overtime and night work against his will (reflected in Articles 96, 99 and 113 of the Labor Code), and with his consent, the document should be drawn up in simple written form. The employee's signature is required.
Important. If a disabled person was sent to a place of employment from the employment center (employment center) against a quota, then the employer does not have the right not to accept him.
Citizens with disabilities also have the right to tax breaks:
- When leaving an enterprise due to staff reduction, the amount of severance pay is not taxed (Article 217, Part 3 of the Tax Code);
- If a disabled person took part in work to neutralize the consequences at the Chernobyl nuclear power plant or during the Second World War, then, according to Article 218 of the Tax Code, he is entitled to a tax deduction of 3 thousand rubles.
How is this right granted?
There are a number of nuances when drawing up employment contracts with disabled people. When drawing up the text of the agreement, it is necessary to stipulate the following points:
- About the peculiarities of vacations;
- About the duration of the shift and the working week;
- A clause prohibiting calling for additional (overtime) work without the handwritten consent of a disabled person;
- If the individual rehabilitation program (IRP) contains notes about special working conditions that should be provided to the employee, then this must be indicated in detail (Article 23 of Federal Law No. 181);
- Please note that if an employee with a disability works part-time, he should be paid in full.
It should be understood that disabled people II and III gr. can be hired just like any other person. There are no articles in the laws obliging applicants to notify the employer about their illnesses, and the IPR is only a recommendation for the beneficiary.
When applying for a job, if an employee wants to receive all the benefits that are due, he must bring:
- ITU conclusion on form No. 15003004;
- IPR based on the model from Appendix No. 1 of Order of the Ministry of Health and Social Development No. 379.
Copies of these documents must be in the employee’s personal file; they confirm the benefits and work schedule of disabled people of groups 1-3.
Does the shortened working week apply to disabled people in the first group?
Employees with disabilities in group I have the right to a shortened working week (up to 35 days). And the duration of one shift is also established by the rehabilitation program.
Does a disabled person have the right to demand a change in work schedule?
There are no provisions in the law according to which an employee would be able to unilaterally change his work schedule.
This may be based on:
- Requirements of an individual recovery program (IRP) when applying for a job;
- Mutual agreement with the heads of enterprises.
If an employee has become of limited capacity while already working in this organization, then, if there are recommendations from medical workers, he has the right to adjust the length of the working day and work schedule: to allocate time for the necessary medical examinations and treatment procedures. This should be reflected in the IPR.
Features of Article 99 of the Labor Code of the Russian Federation on the work of persons with disabilities
The document talks about overtime work. At the same time, it is strictly forbidden to attract employees of groups 1, 2 and 3 with limited legal capacity if they have not written a statement of their consent.
The employer is also obliged to familiarize the disabled employee with his legal rights (to refuse unplanned work) against the latter’s personal signature.
It is strictly forbidden to use an employee’s labor if the upcoming activity may worsen his physical condition. The list of restrictions must be indicated in the IPR.
