What is working time according to the labor code. The employer is prohibited from establishing the duration of working hours per week or (in case of cumulative accounting of working hours) for the accounting period, exceeding the 40 hours per week provided for by law.

08.01.2024

How many hours is a full day? according to the Labor Code of the Russian Federation, this is no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Accordingly, with a five-day working week with two days off, a full working day should last 8 hours (Procedure approved by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n). This is the standard working time per day for a five-day week.

In addition to the normal duration, the employee can be set. Then the employee will not have a 40-hour work week, but a 36-hour, 35-hour, etc. For example, a 36-hour working week is established for persons working in hazardous (grade 3 or 4) or dangerous working conditions, which must be confirmed by the results of a special assessment of working conditions (Article 92 of the Labor Code of the Russian Federation).

Taking into account the established working hours, an employee is counted for a calendar period based on the number of working days (in a month, quarter, half-year, etc.)

Length of working hours in local regulations

Typically, working hours are established in the Internal Labor Regulations (ILR). This is a local regulatory act, which also prescribes working hours, rest periods, the procedure for hiring and firing workers and other issues regulating labor relations.

It is in the PVTR that the duration of daily work (shift) is established, taking into account the provisions of the collective agreement or agreement. By the way, for some categories of workers the Labor Code of the Russian Federation directly limits the maximum duration daily work. Among such workers (Article 94 of the Labor Code of the Russian Federation):

persons working in harmful or dangerous working conditions;
disabled people;
minor workers combining study and work;
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 performance/exhibition of works.

Part-time workers have their own rules regarding working hours. Part-time work should take no more than 4 hours a day, and on days when the part-time worker is free from performing work duties at his main place of work, he can work part-time full time. For a calendar period, for example, a month, a part-time employee must work no more than half of the monthly working hours established for the corresponding category of workers (

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours.

Normal working hours cannot exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.

(Part three introduced by Federal Law dated July 22, 2008 N 157-FZ)

The employer is required to keep records of the time actually worked by each employee.

Article 92. Shortened working hours

Shortened working hours are established:

for workers under the age of sixteen - no more than 24 hours a week;

for workers aged sixteen to eighteen years - no more than 35 hours per week;

for employees who are disabled people of group I or II - no more than 35 hours per week;

for workers engaged in work with harmful and (or) dangerous working conditions - no more than 36 hours a week in the manner established 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.

(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

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 for persons of the corresponding age.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers).

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 93. Part-time work

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working 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 years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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.

A collective agreement may provide for an increase in the duration of daily work (shift) compared to the duration of daily work (shift) established by part two of this article for employees engaged in work with harmful and (or) dangerous working conditions, subject to the maximum weekly working hours time (part one of Article 92 of this Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

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.

(Part four was introduced by Federal Law No. 90-FZ of June 30, 2006, as amended by Federal Law No. 13-FZ of February 28, 2008)

Article 95. Duration of work on the eve of non-working holidays and weekends

The length 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. Night work

Night time is the time from 22:00 to 6:00.

The duration of work (shift) at night is reduced by one hour without further work.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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; 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, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five 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 to them for health reasons in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.

(as amended by Federal Laws dated July 24, 2002 N 97-FZ, dated June 30, 2006 N 90-FZ)

Procedure for night work of creative workers of the media, cinematography organizations, television and video film 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 of works , 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.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated February 28, 2008 N 13-FZ)

Article 97. Work outside the established working hours

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The employer has the right, in the manner established by this Code, to involve an employee in work beyond the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, local regulations, employment contract (hereinafter referred to as the working hours established for the employee):

for overtime work (Article 99 of this Code);

if the employee works on irregular working hours (Article 101 of this Code).

Article 98. Repealed. - Federal Law of June 30, 2006 N 90-FZ.

Article 99. Overtime work

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:

1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;

2) 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;

3) 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.

An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:

1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

In accordance with Federal Law dated December 7, 2011 N 417-FZ, from January 1, 2013, in paragraph 2 of part three of this article, the words “water supply systems, gas supply, heating, lighting, sewerage,” will be replaced by the words “centralized hot water supply systems, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, ".

2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;

3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

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 body of the primary trade union organization.

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.

The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

The employer is required to ensure that each employee's overtime hours are accurately recorded.

The concept of “time” in the world of work is characterized by specific quantities and numbers, in contrast to the general philosophical concept. It is strictly regulated by law. The main legislative act is the Labor Code of the Russian Federation (LC RF).

A number of changes were made to it, which entered into legal force on June 29, 2017. In particular, the conditions for carrying out labor duties when establishing a part-time schedule and payments for overtime work were clarified. The topic is covered in the chapters of the fourth section. Every citizen needs to know the rights guaranteed by the Labor Code of the Russian Federation.

The essence of the concept of “working time”

Working hours are the total period of performance of individual labor duties, determined by the contract and the internal regulations (internal regulations), and other periods not related to actual work. Other periods legally include:

forced downtime associated with technical, economic and other reasons;
time for eating without leaving the workplace, if separate breaks are not provided for these purposes;
special purpose warming breaks;
time to feed the baby.

The manager must agree on the length of the designated periods with the trade union body. Certain employees (for example, certain categories of drivers) are entitled to breaks for gymnastics.

For your information

The working period usually includes the preparation of the site for work and final activities. Not included here: the time period for getting home, changing clothes.

Classification of types of working time according to Labor Code

There are different types of time spent on work: normal (40 weekly working hours), reduced, incomplete, irregular.

A working day is:

normal duration - usually 8 hours (standard);
incomplete volume;
shortened duration;
with a duration not included in the standard (overtime, irregular work).

For your information

There are also other versions of the working day developed in the collective agreement of the enterprise.

Standard working hours

Lunch rules

Breaks to ensure rest and food are defined in Article 108 of the Labor Code. Their duration is from 30 to 10 minutes. These periods are not included in working hours and are not paid accordingly.

IMPORTANT

Amendments have been made to the new edition of the document under consideration, according to which, if the shift duration is 4 hours or less, the employer has the right not to provide such a break. This is regulated by the PVR.

If the production situation does not allow citizens to be provided with a lunch break during working hours, the employer must take care of the possibility of eating within the paid time period of work. This includes all breaks shorter than 30 minutes.

Features of medical examination during working hours according to Labor Code

Payment for processing

Overtime and performance of labor duties during weekend periods (days) are paid at a double rate (Article 153 of the Labor Code of the Russian Federation) or more to the following persons:

employees hired on a piece-rate basis - at a double rate;
at daily rates - double daily salaries (or more);
for hourly rates - double hourly rates according to the tariff (or more);
for holders of an official salary - no less than the proportional part of the established salary for an overworked hour (day) in excess of the amount of the salary.

When calculating payment in the indicated cases, only fixed payment amounts are taken into account without taking into account incentive payments, compensation and social charges. An alternative day of rest (or several) may be provided upon request. In this case, the amount of payment (single) is due only for the day worked (initially a non-working day).

Nuances

Each of the illuminated concepts of working time has a lot of nuances. For example, flexible working hours. Many subtleties are taken into account when totaling labor time, seasonal work, during the probationary period, and in other cases. The nuances may have legal, professional specifics and be reflected in the employment contracts of specific enterprises.

For your information

An individual manager, based on a legally defined 40-hour week, has the right to calculate the optimal options for daily work time. At the same time, we must not forget about the norms of the law, without exceeding the duration for certain categories of workers.

Working time is the most important parameter of the labor process. Section IV of the Labor Code of the Russian Federation gives basic definitions and specifies terms associated with the concepts of the labor regime.

An important concept in labor relations is time of work and rest. Only their normal ratio allows people to work more productively and improve the economic performance of the organization as a whole.

For more information about smoking breaks during working hours, see the video above.

Work standards are regulated by the Labor Code of the Russian Federation, which all employers are required to comply with. Accounting for working hours allows you to determine the hours worked overtime, the time an employee is away from work and the reasons for absence, as well as calculate wages for the period worked.

What is Working Time?

The concept of working time is given in Article 91 of the Labor Code:

Work time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time .

Classification of types of working time according to Labor Code

Working time should be understood as periods of working activity:

with a standard duration of 8 hours;
within the framework of reduced working hours;
not completing the full scope of work;
overtime work performed outside the standard;
irregular working hours established by local regulations of the organization.

The Labor Code also includes other periods in the concept of working time, for example:

breaks for rest and meals (lunch), when the employee cannot leave the place of work (in accordance with Article 108 of the Labor Code);
breaks provided for in Article 109 of the Labor Code, which must be provided under certain conditions (working in the cold season in the open air or in unheated rooms) for rest and heating;
time of separation from work for a woman breastfeeding.

Let us note that the employer is obliged to pay for the working time of each employee, including all overtime hours in excess of the normal shift duration and shortcomings caused by the employer.

Standard working hours 2020

Labor legislation establishes a standard working time, which represents the number of hours in a certain calendar period of time spent on work under an employment contract. This norm is determined based on the following parameters:

sufficient to prevent people from becoming overworked;
promotes employee health protection, improved performance and productivity;
allows you to improve your skills without leaving work.

The legislation limits the duration of working hours per week to the following figures:

Category of workers	Maximum length of the working week in hours
The bulk of workers, excluding the categories below	40
Partners under an employment contract	20
Students working during holidays aged:
up to 15 years from 15 to 16 years old from 16 to 18 years old	24 24 35
Students working during the academic year aged:
from 14 to 16 years old from 16 to 18 years old	12 17,5
Disabled people of groups 1 and 2	35
Workers working in harmful and dangerous production	36
Medical workers	24-36 (depending on the category in accordance with Decree No. 101 dated 02/14/2003)
Teaching staff	36 or lower depending on the categories determined by Order of the Ministry of Education and Science dated December 24, 2010 No. 2075
Women working in the Far North and equivalent areas	36
Women working in rural areas	36

Thus, the working week may have strictly established working days and days off, or a shift schedule with days off. An increase in the standard working hours is not allowed.

Working hours

The work schedule (Article 100 of the Labor Code of the Russian Federation) is established by the regulations of the organization as a whole for all employees. An individual approach may be taken for individual employees.

The general concept of a work regime implies a reasonable combination of periods of work and rest within a calendar period. This:

5 working days and 2 days off per week;
6 working days and 1 day off per week;
special work modes (with part-time work, irregular working hours, flexible hours, dividing work time into parts);
Shift work on a rotating schedule.

Parameters that determine working hours:

duration of work per week (in hours);
time period allotted for a day or shift;
daily work start and finish schedule;
establishing periods allotted for rest and eating;
other parameters depending on the specifics of the organization.

Rules for irregular work

The Labor Code in Article 101 defines an irregular working day as a special regime established for individual employees when the employer has the right to involve them in work functions outside the normal working hours. However, such processing should be episodic.

The nature of work involving irregular working hours is necessarily fixed by the employer’s regulations, collective and labor agreements. The employer has the right to engage an employee to work outside the established working hours only to perform the functions established by the employment contract.

If an employee is hired to work with an established schedule on a part-time basis, then non-standardization cannot be applied to him.

As compensation, citizens who have irregular working hours are provided with additional paid leave every year. Overtime hours are not taken into account and are not paid for. However, the employer does not have the right to demand that work be carried out on days that are scheduled days off for the employee.

Recording working hours according to the Labor Code of the Russian Federation in 2020

Employers, regardless of their organizational and legal form, are required to keep a timesheet of working time worked by each employee for a certain period of time (Article 91 of the Labor Code). Accounting means recording the duration of hours actually spent on the performance of labor functions, as well as periods of rest and other distractions.

For these purposes, responsible persons appointed by the head of the organization maintain time sheets. Only with proper and complete documentation is it possible to avoid claims and disputes from employees and regulatory structures.

The timesheet is the basis for calculating wages for each employee.

What is rest time according to the Labor Code of the Russian Federation?

By rest time, labor legislation understands periods when an employee is released from work duties and has the right to use them at his own discretion. These are the following breaks:

during the work shift (lunch, special: provided within the framework of the law to nursing women, workers in cold working conditions for heating, air traffic controllers);
between shifts;
weekend;
holidays recognized as non-working days by labor legislation;
vacations: annual paid and additional.

Lunch rules

The employer is obliged to provide employees with breaks for meals and rest during the working day or shift. Its duration is not included in the calculation of working time.

The minimum and maximum thresholds for the time allotted for lunch are established by law:

at least 30 minutes;
no more than two hours.

The parameters for the start and end of the break, as well as its duration, are fixed in the internal labor regulations and are prescribed in the employment contract.

During the lunch break, the employee has the right to leave the workplace and use it at his own discretion. If the technological process and regulations of the organization do not allow the employee to leave the place of work, then the periods allotted to him for rest and lunch are subject to accounting as working hours.

Part-time work according to the labor code

The Labor Code (Article 93 of the Labor Code of the Russian Federation) allows employers to use part-time work when the working week is less than 40 hours. This regime may include:

reducing the working day or shift by a certain number of hours daily;
reduction of working days in a week when using the normal duration of a work shift;
a combination of the above factors, when the number of working days per week and the duration of the shift are reduced by a certain number of hours.

In the case of part-time work, remuneration is made depending on the time actually worked or the amount of work completed. It should be noted that in this case the number of days of annual paid leave is not reduced. The calculation of total length of service does not depend on the use of a shortened working day, because the fact of working in this mode is not reflected in the work book.

The establishment of part-time work is carried out at the initiative of the employee; only in exceptional cases it is permissible to do this at the initiative of the employer, but in this case for no more than six months. Since the application of the regime is a significant change in the terms of the employment contract, the employee must be notified two months before the effective date when transferring to it.

An employee may appeal to the employer with a request to establish a part-time working day, citing circumstances. At the same time, Article 2 of the Labor Code states that it has no right to refuse if the applicant:

pregnant woman;
the mother of a child who is on leave to care for him;
parent or guardian of a disabled minor child;
provides care for a sick relative, confirming this fact with documents.

Innovations in labor legislation affected this article in terms of establishing a convenient work schedule for the above categories until the time when circumstances apply. For example, if a woman is caring for a disabled minor child, then when he reaches adulthood, the rule of unconditional provision of part-time work ceases. In the future, you can ask for it, but at the discretion of the employer.

Payment for processing

Work beyond the established working hours and on weekends must be paid in accordance with Article 153 of the Labor Code at a double rate. This rule applies to any remuneration system.

It is acceptable to provide a day of rest (time off). In this case, the employee may be given a choice: time off or double tariff. In the first case, the day off worked is paid in the usual manner (single payment).

Double payment is calculated without taking into account bonuses, compensation and other incentive payments.

Nuances

Any of the working hours used must reasonably combine periods of work and rest, which will not only preserve the efficiency of employees during the shift, but also ultimately increase their productivity. Of course, each of them has its own nuances. Therefore, it is established depending on the characteristics of a particular organization and on the basis of local regulations.

Important conditions are compliance with labor laws and preventing violations of workers' rights.

Working time (WH) - the period during which the worker performs his production duties. This interval is regulated by the internal regulations of the enterprise, the Labor Code (LC) of Russia and other legislative acts.

Duration of working period- this is a standardized value, and includes paid time for breaks during a shift and downtime that does not depend on the worker himself.

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There are working conditions and professions for which reduced working hours are applied. In specific circumstances, the legislation establishes a maximum duration of the RT.

By agreement between the worker and the employer, an incomplete week or day is established, attraction to. Payment in such cases is adjusted accordingly. In this article we will talk about what the normal working hours are.

Working time standards

Art. 91 of the Labor Code of the Russian Federation determines that normal duration of RT is 40 hours/week, and it includes periods when a person is not engaged in direct labor: heating for builders and installers, loaders, drivers during a 20-minute shift with an interval of 2 hours.

The time for feeding the children of a working mother is also included in the paid amount under the RV - Art. 258 TK. Calculation occurs in hours for a specific calendar interval: year, quarter, month.

Shortened duration

no more than four hours for two days in a row;
up to 120 hours annually.

The work schedule every other day does not fit into the usual pattern– it is necessary to introduce a summarized accounting of working hours so that the final working time for the accounting period does not exceed the normal number of hours.

Overtime pay is calculated as follows:: the working time regulated by law in the accounting period is subtracted from the timesheet - the remaining difference will become the required value.

In accordance with Art. 152 of the Labor Code of the Russian Federation, of the total number of hours worked, the first 2 are paid in one and a half sizes, all subsequent ones - in double meaning. Monetary compensation for overtime, at the request of the worker, is replaced by additional rest - lasting no less than the hours worked.

The concept of normal working hours is used not only in the legal aspect. It is equally important to take this indicator into account in sociology, psychology and economics.

Watch a video about the duration of work time when working part-time: