What are the normal working hours per week?

01.08.2019

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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.

Accounting

The calculation of hours worked is carried out directly by the employer . This gives him a number of advantages.

First, correctly calculate wages, subtracting weekends, vacations, and compensatory days. This leads to significant cash savings. Secondly , the manager will be able to check the whereabouts of the employee at any time and apply punishment in case of his absence. Starting from deprivation of bonuses to making up missed hours.

Let's turn our attention to another document.
This is order No. 588n of the Ministry of Health and Social Development dated August 13, 2009. It allows you to clearly regulate the number of working hours per week. According to the document, a worker must work 8 hours per day with a 40-hour work week.
Another point. What if a worker works 48 hours a week? Of course, this is not legal, but Order No. 588n allows you to calculate the length of the working day.

Accordingly, the number varies from 24 to 40. Divide the required number by 5 and multiply by the number of working days per month. However, there is one more nuance. From the resulting number, subtract the number of hours that fall on shortened working days.

ATTENTION! Article 95 of the Labor Code of the Russian Federation states that working hours on a pre-holiday day are reduced by an hour.

It should be noted that time tracking can be of three main types: by day, by week, or combined. Let's look at each in more detail:

1. Accounting by day. Convenient when working hours are regulated. It doesn't change from day to day. By the way, many companies in Russia adhere to this schedule. Any overtime is paid as overtime.
2. Accounting by week . Most often used with a flexible schedule (Article 102 of the Labor Code of the Russian Federation). According to it, the employee can independently choose the beginning and end of the working day, as well as its duration, by prior agreement with the employer.
3. Combined . Used in the case of a shift schedule (Article 103 of the Labor Code of the Russian Federation) or a rotational schedule (Article 300 of the Labor Code of the Russian Federation). In this case, it is not possible to count working hours per week. Usually this is several months, 10, 20 or more days.

The calculation is largely influenced by the specifics of work at a particular enterprise. Moreover, the total working time cannot be more than 40 hours per week.

The employer records absolutely all time parameters. This applies to any work schedule, as well as overtime. Moreover, the employee can independently familiarize himself with the accounting and calculate the time worked if any questions arise regarding payroll.

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)

Types of age and professional restrictions

Working time is the totality of periods during which an employee performs his or her duties. In addition to labor itself, this concept includes periods:

• forced downtime due to objective reasons;
• lunch (for workers who do not have a separate break and take food at the workplace);
• heating for those who work outside in the cold season;
• feeding children under 1.5 years old (30 minutes every 3 hours if there is one child, 1 hour if there are two or more).

For most categories of workers, a 40-hour work week is established. In some cases it may be reduced.

Working hours restrictions:

If an employee under 18 years of age studies full-time and works during the school year, he is entitled to a halved working week.

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.

What is the possible length of a working day?

An employment contract usually specifies how long a specific employee must work. According to Article 93 of the Labor Code of the Russian Federation, it can be issued for part-time work (a week or a day).

The employer is obliged to provide such conditions if the employee is:

• a pregnant woman;
• parent or guardian of a child under 14 years of age;
• parent or guardian of a disabled minor;
• a relative of a patient in need of care according to a medical certificate.

Such measures are introduced to protect public health. Therefore, the schedule will not affect the citizen’s labor rights, in particular, the length of vacation and length of service.

The average working day, the formula of which takes into account the actual man-hours worked, is an indicator of economic efficiency. It is calculated as the ratio of the total number of man-hours worked to the number of days in the period under review.

The manager uses it for:

• planning the working time fund;
• assessment of production output and labor intensity;
• analysis of personnel policy.

Employees do not encounter this indicator in practice.

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)

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.

In Tsarist Russia

The first law regulating working hours was adopted in the Russian Empire on June 14 (June 2 - old style) 1897. The document, signed by Emperor Nicholas II after a series of workers’ strikes, limited the working day in “factory industry establishments” to 11.5 hours, at night or before holidays to 10 hours. The law introduced for the first time 14 mandatory holidays (13 according to the Orthodox calendar and the New Year), and also established a six-day working week. It was legislated that for Orthodox Christians all Sundays are days off; for non-Christian workers it was allowed to replace them with other days of the week.

Already at the beginning of the 20th century, most enterprises had a nine- or ten-hour working day. The demand for a transition to an eight-hour working day was one of the key ones in the Russian labor movement.

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)

After the October Revolution

On November 11 (October 29, old style), 1917, by decree of the Council of People's Commissars (SNK), an eight-hour working day was established in Russia and a 48-hour work week with one day off was introduced. Reduced working hours were provided for in industries that were particularly harmful to health. On December 9, 1918, the Labor Code of the RSFSR was adopted, which consolidated these provisions.

From January 2, 1929 to October 1, 1933, in accordance with the resolution of the Central Executive Committee and the Council of People's Commissars, a gradual transition to a seven-hour working day was carried out. The working week was 42 hours. On August 26, 1929, the resolution of the Council of People's Commissars of the USSR “On the transition to continuous production in enterprises and institutions of the USSR” introduced a five-day work week with one day off (four working days in a row, the fifth is a day off).

In November 1931, the Council of People's Commissars of the USSR adopted a resolution in which it allowed the People's Commissariats and other institutions to return to a six-day working week. On June 27, 1940, the decree of the Presidium of the Supreme Soviet of the USSR came into force on the transition to an eight-hour working day with a six-day working week (Sunday is a day off). The working week began to be 48 hours.

After the outbreak of the Great Patriotic War, on June 26, 1941, the Presidium of the Supreme Soviet of the USSR signed a decree “On the working hours of workers and employees in wartime,” according to which mandatory overtime work was introduced from one to three hours a day. Vacations were cancelled. These wartime measures were canceled by decree of the Presidium of the Supreme Soviet of the USSR on June 30, 1945.

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).