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Labor Code of the Russian Federation
Part three
Section IV. Working time
Article 100. Working hours
The working time schedule should provide for the duration of the working week (five days with two days off, six days with one day off, a working week with the provision of days off on a sliding schedule, part-time working week), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time work (shifts), start and end time of work, break time, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, and for workers whose working hours differ from general rulesestablished with the given employer - an employment contract.
The specifics of the working hours and rest hours of transport, communications and other workers with a special nature of work are determined in the manner prescribed by the Government Russian Federation.
Article 101. Irregular working hours
Irregular working day is a special mode of work, according to which individual employees can, by order of the employer, if necessary, occasionally be involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or a local regulatory act, adopted taking into account the opinion of the representative body of employees.
(as amended by Federal law from 30.06.2006 N 90-FZ)
An employee working on a part-time basis may be assigned irregular working hours only if by agreement of the parties employment contract a part-time working week is established, but with a full working day (shift).
(Part two was introduced by Federal Law No. 125-FZ of 18.06.2017)
Article 102. Working in flexible working hours
When working in flexible working hours, start, end or total duration working day (shift) is determined by agreement of the parties.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
The employer ensures that the employee works out 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.
In case of shift work, each group of workers must perform work during the established duration of 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 in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
Shift schedules are communicated to employees no later than one month before they are put into effect.
Work for two shifts in a row is prohibited.
Article 104. Summarized recording of working hours
When, according to the conditions of production (work) individual entrepreneur, in the organization as a whole or when performing certain types of work cannot be observed the daily or weekly working hours established for this category of workers (including employees engaged in work with harmful and (or) hazardous working conditions), it is allowed to introduce a summarized recording of working hours so that the working hours for the accounting period (month, quarter and other periods) did not exceed the normal number of working hours. The accounting period may not exceed one year, and for accounting of the working time of workers employed in work with harmful and (or) dangerous working conditions - three months.
(Part one as amended by Federal Law No. 421-FZ of 28.12.2013)
In the event that, for reasons of a seasonal and (or) technological nature for certain categories of workers employed in jobs with harmful and (or) hazardous working conditions, the established working hours cannot be observed during an accounting period of three months, industry (inter-industry ) an agreement and a collective agreement may provide for an increase in the accounting period for recording the working time of such employees, but not more than up to one year.
(part two was introduced by the Federal Law of 08.06.2015 N 152-FZ)
The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of employees. For employees working part-time (shift) and / or part-time working week, the normal number of working hours for the accounting period is reduced accordingly.
(part as amended by Federal Law of 30.06.2006 N 90-FZ)
The procedure for introducing the summarized accounting of working hours is established by the internal labor regulations.
(the part was introduced by the Federal Law of 30.06.2006 N 90-FZ)
Article 105. Division of the working day into parts
In those jobs where it is necessary due to the special nature of 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 working time does not exceed the established duration of daily work ... Such a division is made by the employer on the basis of a local normative act adopted taking into account the opinion of the elected body of the primary trade union organization.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
Labor Code of the Russian Federation
- Labor Code of the Russian Federation - table of contents
- Chapter 1. Basic principles of labor legislation
- Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations
- Chapter 3. General provisions
- Chapter 4. Representatives of employees and employers in social partnership
- Chapter 5. Bodies of social partnership
- Chapter 6. Collective bargaining
- Chapter 7. Collective agreements and agreements
- Chapter 8. Participation of employees in the management of the organization
- Chapter 9. Responsibility of the parties to social partnership
- Chapter 10. General provisions. Labor contract
- Chapter 11. Conclusion of an employment contract
- Chapter 12. Modification of an employment contract
- Chapter 13. Termination of an employment contract
- Chapter 14. Protection of personal data of an employee
- Chapter 15. General provisions. Working time
- Chapter 16. Working hours
- Chapter 17. General provisions. Time relax
- Chapter 18. Breaks at work. Weekends and non-working holidays
- Chapter 19. Vacation. Annual paid holidays
- Chapter 20. General provisions. Payment and regulation of labor
- Chapter 21. Wages. Payment and regulation of labor
- Chapter 22. Labor rationing. Payment and regulation of labor
- Chapter 23. General provisions. Guarantees and compensations
- Chapter 24. Guarantees when sending employees on business trips, other business trips and moving to work in another locality
- Chapter 25. Guarantees and compensations to employees in the performance of their state or public duties
- Chapter 26. Guarantees and compensations to employees combining work with education
- Chapter 27. Guarantees and compensation to employees related to termination of an employment contract
- Chapter 28. Other guarantees and compensations
- Chapter 29. General provisions. Labor schedule. Discipline of work
- Chapter 30. Labor discipline. Labor schedule
- Chapter 31. General provisions. Training and additional professional education of employees
- Chapter 32. Apprenticeship Agreement
- Chapter 33. General provisions. Occupational Safety and Health
- Chapter 34. Labor protection requirements
- Chapter 35. Organization of labor protection
- Chapter 36. Ensuring the rights of workers to labor protection
- Chapter 37. General provisions. Material liability of the parties to an employment contract
- Chapter 38. Material liability of the employer to the employee
- Chapter 39. Material liability of an employee
- Chapter 40. General provisions. Features of labor regulation of certain categories of workers
- Chapter 41. Features of the regulation of the labor of women, persons with family responsibilities
- Chapter 42. Features of labor regulation of employees under the age of eighteen years
- Chapter 43. Features of labor regulation of the head of the organization and members of the collegial executive body of the organization
Chapter 16. Working hours
Article 100. Working hours
The working time regime should provide for the duration of the working week (five days with two days off, six days with one day off, a working week with the provision of days off according to a sliding schedule, an incomplete working week), work with irregular working days for certain categories of workers, the duration of daily work ( shifts), including part-time work (shifts), start and end time of work, break time, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, and for employees whose working hours differ from the general rules established by the given employer - an employment contract.
The specifics of the working hours and rest hours of transport, communications and other workers with a special nature of work are determined in the manner prescribed by the Government of the Russian Federation.
Article 101. Irregular working hours
Irregular working day is a special mode of work, according to which individual employees can, by order of the employer, if necessary, occasionally be involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or a local regulatory act, adopted taking into account the opinion of the representative body of employees.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
Article 102. Working in flexible working hours
When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
The employer ensures that the employee works out 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.
In case of shift work, each group of workers must perform work during the established duration of 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 in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
Shift schedules are communicated to employees no later than one month before they are put into effect.
Work for two shifts in a row is prohibited.
Article 104. Summarized recording of working hours
When, according to the conditions of production (work) for an individual entrepreneur, in the organization as a whole, or when performing certain types of work, the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period (month, quarter and other periods) did not exceed the normal number of working hours. The accounting period cannot exceed one year.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of employees. For employees working part-time (shift) and / or part-time working week, the normal number of working hours for the accounting period is reduced accordingly.
(Part two as amended by Federal Law of 30.06.2006 N 90-FZ)
The procedure for introducing the summarized accounting of working hours is established by the internal labor regulations.
(part three was introduced by the Federal Law of 30.06.2006 N 90-FZ)
Article 105. Division of the working day into parts
In those jobs where it is necessary due to the special nature of 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 working time does not exceed the established duration of daily work ... Such a division is made by the employer on the basis of a local normative act adopted taking into account the opinion of the elected body of the primary trade union organization.
91. The concept of working time. Normal working hours
Working 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 this Code, other federal laws and other regulatory legal acts of the Russian Federation refer to working hours ... (as amended by Federal Law of 30.06.2006 N 90-FZ)
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 working time per week, is determined by the federal executive body responsible for the development of state policy and legal regulation in the field of labor. (Part 3 introduced by Federal Law of 22.07.2008 N 157-FZ)
The employer is obliged to keep records of the time actually worked by each employee.
Article 92. Shortened working hours
Reduced working hours are established:
for employees under the age of sixteen - no more than 24 hours a week;
for employees aged sixteen to eighteen years - no more than 35 hours per week;
for employees who are disabled of I or II groups - no more than 35 hours per week;
for employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful conditions work of 3 or 4 degrees or hazardous working conditions - no more than 36 hours per week. (as amended by Federal Law of 28.12.2013 N 421-FZ) (Part one as amended by Federal Law of 30.06.2006 N 90-FZ)
The duration of the working time of a specific employee is established by an employment contract on the basis of a sectoral (intersectoral) agreement and a collective agreement, taking into account the results of a special assessment of working conditions. (part two was introduced by Federal Law No. 421-FZ, dated 28 December 2013)
On the basis of a sectoral (intersectoral) agreement and a collective agreement, as well as the written consent of the employee, drawn up by concluding a separate agreement to the employment contract, the duration of the working time specified in paragraph five of part one of this article may be increased, but not more than up to 40 hours per week with the payment to the employee of a separately established monetary compensation in the manner, in the amount and on the terms established by sectoral (intersectoral) agreements, collective agreements. (Part three was introduced by Federal Law No. 421-FZ, dated 28 December 2013)
The duration of the working time of educational organizations under the age of eighteen, working during the academic year in their free time from receiving education, may not exceed half of the norms established by part one of this article for persons of the corresponding age. (as amended by Federal Laws of 30.06.2006 N 90-FZ, of 02.07.2013 N 185-FZ)
This Code and other federal laws may establish reduced working hours for other categories of workers (pedagogical, medical and other workers). (as amended by Federal Law of 30.06.2006 N 90-FZ)
Article 93. Part-time work
By agreement between the employee and the employer, part-time (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen years), as well as a person exercising 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 of 30.06.2006 N 90-FZ)
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
Article 94. Duration of daily work (shift)
The duration of daily work (shift) cannot exceed:
for employees aged fifteen to sixteen years - 5 hours, aged 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, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours; (as amended by Federal Law of 02.07.2013 N 185-FZ)
for disabled people - 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 of 30.06.2006 N 90-FZ)
For workers engaged in work with harmful and (or) dangerous working conditions, where a reduced duration of working hours is established, the maximum permissible duration of daily work (shift) cannot exceed:
at 36 hours working week - 8 ocloc'k;
with a 30-hour work week or less - 6 hours.
An industry (intersectoral) agreement and a collective agreement, as well as in the presence of the employee's written consent, drawn up by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) in comparison with 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 observance of the maximum weekly duration of working hours established in accordance with parts one and 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. (Part three as revised by Federal Law No. 421-FZ of 28.12.2013)
The duration of the daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists 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 labor relations, can be established by a collective agreement, a local regulatory act, an employment contract. (Part four was introduced by the Federal Law of 30.06.2006 N 90-FZ) (as amended by the Federal Law of 28.02.2008 N 13-FZ)
Article 95. Duration of work on the eve of non-working holidays and days off
The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.
In continuously operating organizations and on certain types of work, where it is impossible to reduce the duration of work (shift) on the pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee's consent, by paying according to the norms established for overtime work.
On the eve of weekends, the duration of work with a six-day working week cannot exceed five hours.
Article 96. Work at night
Night time - time from 22:00 to 6:00.
The duration of work (shift) at night is reduced by one hour without further working off. (as amended by Federal Law of 30.06.2006 N 90-FZ)
The duration of work (shift) at night is not reduced for workers who have a reduced duration of working hours, as well as for workers hired specifically for work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equal to the duration of work in the daytime in cases where it is necessary due to the working conditions, as well as in shift work with a six-day working week with one day off. The list of these works can be determined by a collective agreement, local normative act.
Not allowed to work at night: pregnant women; employees under the age of eighteen, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled workers, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure 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 this 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 according to 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 of 24.07.2002 N 97-FZ, of 30.06.2006 N 90-FZ)
The order of work at night for creative workers of the media, cinematography organizations, television and video filming teams, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) 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, may be established by a collective agreement, local normative act, labor agreement. (Part six as amended by Federal Laws of 30.06.2006 N 90-FZ, of 28.02.2008 N 13-FZ)
Article 97. Work outside the established working hours
(as amended by Federal Law of 30.06.2006 N 90-FZ)
The employer has the right, in accordance with the procedure established by this Code, to attract an employee to work outside 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 bargaining agreements, local agreements. regulations, labor contract (hereinafter - the working hours established for the employee):
