In h. 1 Article. 92 of the Labor Code of the Russian Federation, categories of employees are determined for which the working hours are reduced. The duration of work for a particular person is indicated by contracts on the basis of an interbranch (industry) agreement. This takes into account the results of a special assessment of working conditions. It is carried out by an authorized commission in accordance with the rules provided for in legislative and other regulatory industry (interindustry) acts.
Part 1 of Art. 92 Labor Code of the Russian Federation
The reduced duration of work is provided for employees:
- Under 16 years old - no more than 24 hours / week.
- At the age of 16-18 years - no more than 35 hours / week.
- People with disabilities of the 1st or 2nd groups - no more than 35 hours / week.
- The working conditions of which are classified as harmful 3rd or 4th degree or hazardous - no more than 36 hours / week.
The duration of work of educational institutions conducting educational activities, under the age of 18 years, performing labor tasks during the year in their free time, may not exceed more than half of the norms given above.
Additionally
Art. 92 of the Labor Code of the Russian Federation establishes that in accordance with the inter-industry (industry) agreement and collective agreement, as well as the written consent of the employee, the duration of his working time can be increased. However, the duration of labor activity cannot be more than 40 hours / week. In this case, the employee is entitled to payment of compensation, which is calculated separately from other amounts in the amount, procedure and on the terms determined by inter-industry (industry) agreements and collective agreements. The written consent of the citizen is drawn up by drawing up an annex to the contract. In other federal or other regulatory acts, a shorter duration of labor activity may be established for categories of workers not specified in this article.
Art. 92 of the Labor Code of the Russian Federation with comments
The Labor Code defines the standards for the length of work of citizens. General requirements are established by Art. 91, 92 of the Labor Code of the Russian Federation. In accordance with the first norm, the duration of working hours cannot be more than 40 hours / week. Art. 92 of the Labor Code of the Russian Federation allows for a reduction in the established duration for a number of categories of employees. The decrease in working hours has several characteristic features. Among the main ones, the following distinctive features should be noted:
- Shortened duration acts as the full norm for some categories of employees.
- Special indicators of the length of time are introduced to provide increased protection and labor protection of personnel employed at the enterprise.
- Factors that determine the need for reduction are the special nature and conditions of professional activity, age and physiological characteristics of employed citizens.
Article 219 of the Code provides for the employee’s right to work in conditions that comply with OT requirements. The rules and sizes of guarantees, compensation to citizens involved in professional activities in hazardous / hazardous industries are determined by Art. 92, 117, 147 of the Labor Code of the Russian Federation.
Employee salary
The remuneration of persons for whom reduced duration standards are provided does not decrease in proportion to the period worked. The only exceptions are minors. Workers under the age of 18 are paid taking into account the reduced time. At the same time, the employer has the right to make an additional payment from his own funds up to the salary level of employees working in accordance with the standards.
Treaties
Duration of work, in accordance with Art. 92 of the Labor Code of the Russian Federation, is established in the contract on the basis of an intersectoral (industry) agreement taking into account the results of the assessment of working conditions. This means that in the contract with a particular citizen should be spelled out the characteristics of the place of his professional activity. They will influence the establishment of working hours. In addition, in accordance with Art. 92, 117 of the Labor Code of the Russian Federation to employees involved in activities in hazardous / hazardous industries, annual paid additional leave is established. In the absence of industry and collective agreements, the labor contract will act as the only document determining the duration of the activity.
Nuance
In accordance with the Federal Law governing the protection of persons with disabilities, for persons with the 1st and 2nd groups, the duration of labor activity is set to no more than 35 hours / week. In this case, the salary is maintained in full. If a disabled person works for 30 hours / week, then wages are proportional to the hours worked.
Daily rates
When considering the issue of reduced duration of work, it is advisable to analyze Art. 92, 94 of the Labor Code of the Russian Federation. The first sets the duration of the activity per week for a number of categories of workers. In Art. 94 determined the duration of labor per day. In accordance with the norm, the shift duration cannot be longer:
- For employees 15-16 years old - 5 hours, 16-18 years old - 7 hours.
- For students in vocational education and secondary vocational education programs, combining study and work during the year, aged 14-16 years - 2.5 hours, 16-18 years - 4 hours.
The duration of a shift for persons with disabilities is set in accordance with the medical certificate presented in the manner specified in the Federal Law. For employees involved in activities in hazardous / hazardous industries for which a shorter working time is envisaged, the maximum permissible shift duration cannot be more than 8 hours at 36 hours and 6 hours at 30 hours. It is allowed to increase the specified standards subject to the rules established by parts 1-3 of the 92nd article of the Code. Allowed to increase the duration of shifts up to 12 hours at 36-hour and 8 hours at 30-hour week.
Persons of creative professions
This category includes employees:
- MEDIA.
- Cinematography organizations.
- Video and television crews.
- Concert, theatrical organizations.
- Circuses.
- Other persons participating in the creation / performance of works of creativity.
For these employees, the duration of the shift is established by the contract, local act, collective agreement.
Teaching staff
In Art. 92 of the Labor Code of the Russian Federation, it is indicated that federal or other regulatory acts may establish separate standards for certain categories of employees. To them, in particular, include teachers and health workers. Special acts act as a basis for reducing the duration of labor activity, the effect of which applies to each category separately. In particular, according to Order No. 2075 of the Ministry of Education and Science, it is stipulated that the duration of work for teachers is determined by the reduced rate of not more than 36 hours / week. When establishing the duration of labor, the position or specialty, as well as the specifics of the activity, are taken into account. 36-hour week is provided for:
- For employees of the faculty of universities and institutions of additional vocational education.
- Senior tutors of preschool educational institutions, educational institutions of additional education for children and orphanages.
- Psychological teachers, social educators, organizing teachers, labor instructors, senior counselors.
- Methodologists of educational institutions.
- Tutors, except those employed in the fields of additional and higher vocational training.
- Heads of physical education of organizations implementing secondary and primary vocational education programs.
- Teachers, organizers of life safety, pre-conscription training.
- Instructors-methodologists of institutions for the further education of children of a sports profile.
Health workers
Government Decree No. 101 defines the length of labor of employees of medical institutions depending on the position or specialty. There are 3 lists of employees. The first one includes specialties / positions of employees whose working conditions give the right to a shortened week (36 hours). In the second group are workers for whom a 33-hour week is provided. For the third list, the working week is set at 30 hours.
Hazardous / harmful production
According to the Federal Law No. 426, a special assessment of labor conditions serves as a single set of sequentially performed measures to detect negative factors in the working environment. As part of the audit, an assessment is made of the level of their impact on personnel. In this case, deviations of the actual value from the indicators established by the executive federal power structure are taken into account.
In accordance with the 14th article of this law, labor conditions are divided into 4 classes according to the level of danger / hazard. The first includes optimal indicators of the working environment. Under such conditions, hazardous / harmful factors do not affect personnel or their degree does not exceed the norms. With such indicators, prerequisites are formed to maintain the employees' working ability at a high level. Conditions are considered admissible under which harmful / hazardous factors affect personnel within the limits of norms. At the same time, the changes that the body of workers undergoes are eliminated during the period of regulated rest or at the beginning of the next shift.
Conditions under which the influence of factors exceeds the normative level are considered harmful. Dangerous is the work environment in which there is a threat to the life of personnel. In this case, the effects of negative factors determine the likelihood of acute pathology during labor. When employees employed in hazardous industries use effective PPE that has been certified in the prescribed manner, the class of conditions may be reduced. This procedure is carried out by a special commission that evaluates the working environment. Class reduction is allowed no more than one degree.