Labor Code of the Russian Federation. Chapter 15. Working hours. General provisions

01.08.2019

10031

6 min.

Working time is the period during which a citizen is engaged in performing his duties. They are provided for in the employment contract, the individual provisions of which are devoted to internal regulations. Regardless of private or state ownership, enterprises are guaranteed freedom in terms of the terms of the agreement with employees and the organization of the daily routine. However, the rules must take into account working hours under the Labor Code. It is established by several articles and the duration cannot be longer. Actual discrepancies between legislative norms and the situation at the enterprise, when an employee’s rights to normal work and rest are violated, are grounds for appealing to supervisory authorities and the court. Management is obliged to immediately eliminate imbalances, bringing them to the standard established by law.

Article 91. Concept of working time. Normal working hours

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

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.

Labor Code on the number of working hours per week

It is the employer's responsibility to pay wages on time. Also, the labor legislation of our country clearly states how many hours per week a woman or a man can work according to the Labor Code (there are no specifics depending on the gender of the person).

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)

How many hours per week can you work according to the labor code?

However, you should definitely know:

this situation cannot be permanent;
your work is not overpaid.
in the case of an irregular schedule, you have the right to compensation in the form of additional leave;

In what cases might an irregular schedule apply to you personally? If you:

an employee who allocates time at his own discretion;
an employee whose work cannot be strictly measured in terms of duration;
be part of the technical and economic personnel, management level;
According to the nature of your activity, your working time is divided into shares of indefinite duration.

There are other types of organization of working time beyond the eight hours required by law.

What should you keep in mind if you have to work at night?

How many hours should each person work per month according to the labor code?

According to the law, 40 hours per week per month 160.

If a person earns 100 rubles per hour, then he receives 200 rubles per hour of overtime. If an employee works at an enterprise from 8 a.m. to 10 p.m., then he must work for two days, after three, only this way the employer will not violate the Labor Code.

How many hours should a 16 year old child work?

According to the Labor Code, working hours per week do not exceed 24.

There is also a schedule for disabled people, 35.

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.

How long should a person work according to the labor code?

If you distribute this over a 5-day work week, it turns out that a person works 8 hours every day.

If the work takes place in shifts, then all the same, if you add up all the hours, you should again get 40 hours a week.

If a person works shifts with the following schedule: from 8 a.m. to 10 p.m., then usually people work for two days and rest for three days.

It turns out that a person works the required 40 hours a week, just with a different work schedule.

This time limit cannot be exceeded or the employer must pay additional hours. Different categories of citizens have their own time schedule. Children under 16 years of age work no more than 24 hours a week.

From 16 to 18 years old already 35 hours. Disabled people must also work 35 hours a week.

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 school 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)

How many hours per week must a person work by law?

If the work takes place in shifts, then all the same, if you add up all the hours, then you should again get 40 hours a week. If a person works in shifts with the following schedule: from 8 a.m. to 10 p.m., then usually people work two days and rest for three days.

It turns out that a person works the required 40 hours a week, just with a different work schedule. This time schedule cannot be exceeded or the employer must pay extra for the hours. Different categories of citizens have their own time schedule. Children under 16 years of age work no more than 24 hours a week. From 16 to 18 years old already 35 hours.

Disabled people must also work 35 hours a week. On weekends, the employee must go out at will, but the employer must pay double for these days. People engaged in mental work, for example, teachers and kindergarten teachers should not work more than 36 hours a week.

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.

How many hours are a working day in Russia according to the labor code?

These are the norms. How many hours of time are there per day according to the labor code? Eight hours.

How many hours should each person work per month according to the labor code?

Schedule, work on weekends, holidays - paid at what rate, etc. That is, the employee needs to know exactly how many hours he must work per month according to the labor code, and the rest of the additional ones are paid separately. What data is included in the contract: Other important information.

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)

Labor Code on the number of working hours per week

Unfortunately, employers are not always so honest and professional that they protect the interests of employees and check all their actions with the Labor Code of the country.
Oddly enough, most often workers think that they are overworking the time allotted for work during the week. Let's look at these standards and talk about when exactly recycling can be noted. So, how many hours per week can you work according to the Labor Code? To answer this question correctly, it is probably best to immediately look at the Labor Code of the Russian Federation. But not everyone has the time or desire for this, especially since it is difficult for a legally unsavvy person to navigate complex terms. In accordance with the law, the manager must tell the employee when concluding a contract with him how many hours he must work, what rules exist for maintaining working conditions, and for remuneration. But in reality, as a rule, this does not happen.

You need to understand that the schedule, as well as work on weekends and holidays, must be paid at different rates. Each employee must know, before starting his duties, how many hours, according to the Labor Code of the Russian Federation, he must work at a particular place, and also remember that additional hours must be paid separately, as overtime. About whether there will be an increase in the retirement age this year.

Today, for official employment it is necessary to conclude a contract. This is the main document that describes all aspects of the work, the responsibilities of the employee and management. So, the employee must work for the prescribed period and avoid absenteeism. It is the employer's responsibility to pay wages on time. Also, the labor legislation of our country clearly states how many hours per week a woman or a man can work according to the Labor Code (there are no specifics depending on the gender of the person).

How many hours to work

So, according to the Labor Code of our country, with a five-day working week and a standard work schedule, a person must work 40 hours a week or 160 hours a month. These are the norms established by law and, unless otherwise stated in the employment contract with the employer, then these norms will be observed and taken as the basis.

It turns out that the working day as described lasts for eight hours. That is, a person can work less than this time, but he cannot work more than this time. If it is separately discussed with the employer that a person will work 8 hours plus another hour a day, then these 60 minutes of overtime must be paid at double the established tariff. It turns out that if a person receives 100 rubles per hour, he should receive 200 rubles per hour of such processing. Read about how long it takes to get a new type of foreign passport.

When the working day is set from 8.00 to 22.00 in the evening, there will be a different work schedule. It provides for work two days after two or even three days. Only under such conditions will work according to the specified schedule not be a violation of the legislation of our country. But what about how many hours a week a teenager can work under the Labor Code? This means a child 16-18 years old; his work time per week should not be more than 24 hours. Disabled people also have their own schedule - only 35 hours a week. If you have to work on a day off, you must be paid double. That is, after working a legal shift for 800 rubles on a day off, a person should receive 1,600 rubles.

What's the result?

Summarizing all the information given in this material, we establish that a person’s working day is 8 hours, which does not include a one-hour lunch break. It turns out that according to the law, an employee must work 40 hours per week, but depending on the work schedule, weekdays are distributed differently. Otherwise, by the way, it may be stipulated in the agreement concluded by the employer and employee, so agreements must be read carefully before signing them.

An irregular work schedule for an employee is becoming increasingly popular; in such a situation, working hours are distributed depending on how they are specified in the employment contract and it is not legal to violate these established frameworks. If a person spends more time at work, he must be paid overtime.

Important! Employees of schools and educational institutions must work no more than 36 hours a week. But there may be some nuances, which are discussed in advance with management. Overtime work must be paid additionally. If the employer does not want to pay overtime for such work, then the employee has the right to refuse and any penalties against such an employee must be considered in court, since they are illegal.

In this material we looked at how many hours a week a teacher or a person of any other profession can work under the Labor Code. The working day lasts 8 hours, in a week you have to work 40 hours, and in a month - 160 hours. Much of the distribution depends on the work schedule, but still, these norms should not be violated. If a person works on weekends or holidays, then the work is paid double. The same applies to overtime for an hour or more on a weekday.

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).

How many hours does a person have to work per month by law?

This standard of hours varies and depends on the number of working days in a month. You can find out how many hours you need to work in a given month by looking at the production calendar, which is approved for the whole year by Decree of the Government of the Russian Federation. You can do the math yourself. If you have a five-day work week (two days off), then you must work 8 hours every day. Multiply them by the number of working days in a month - you will get the required norm.

In some cases, the employee is provided with a summarized recording of working time. This usually happens among workers such as intercity bus drivers, for example. The condition for cumulative recording of working hours must be provided for by a collective agreement and necessarily an employment contract. In this case, a driver can work more than 40 hours per week or less than forty hours and the length of the working day can be either more than 8 hours or less, but in a month he must work no less and no more hours than established by law and his work schedule

Mandatory medical examination

Based on Art. 213 of the Labor Code of the Russian Federation, medical examinations are of two types:

In order to confirm professional suitability for a specific work activity, the absence of occupational diseases and timely identification of symptoms: in harmful and dangerous types of work, as well as those related to the transport of passengers and cargo.
To prevent the spread of diseases.

These two types can be combined.

Timely medical examinations are especially important for citizens who work:

in the food industry and trade, catering establishments;
at waterworks;
in medical and children's institutions.

Medical examinations are carried out at the expense of the company, which is obliged to compensate for personal funds spent.

Preliminary actions

In addition to the main functional responsibilities, the working period includes questions of the preparatory plan:

checking constituent documentation and other papers;
putting things in order in the workplace;
reporting and delivery of manufactured products.

Other preparatory work time is included in the work schedule. For example, a medical examination of the driver before leaving for the route. Activities such as walking from home to work, changing clothes, and taking a lunch break are not included in working hours.

The schedule is developed taking into account other part-time and reduced modes and volumes of work. The inclusion of such species is carried out by issuing an order. Information about the time worked is reflected in the exit report card.

When determining work intervals, the main point is compliance with the law and the correct execution of regulations. Establishing a normal working period affects productivity, preserves ability to work, and prevents fatigue, which leads to mistakes and affects health.