The duration of a daily shift cannot exceed. Duration of daily work (shift)

Working hours require a strict regime and consideration of its duration at each individual enterprise. Therefore in legal regulation working hours, a special place is occupied by methods of constructing a regime and recording the duration of working hours.

A work schedule or working time is a certain order of distribution of time norms, in particular its beginning, end and breaks in work.

The work schedule includes a certain duration of working time for the corresponding period: working week, working day, work shift, division of working time into parts, irregular working hours, night working time, overtime, duty and time recording. All these concepts will be discussed in more detail in the legal aspect in the second section of our work. For now, let’s touch on them to approach the topic of shifts in working mode.

A special type of working time regime is the regime in which summarized recording of working time is introduced. The regime of summarized working time recording can be introduced at continuously operating enterprises, institutions and organizations, as well as in individual industries, workshops, sections, departments and in some types of work where, due to production (work) conditions, it cannot be observed established by law for this category of workers, daily or weekly working hours.

Overtime work in cumulative accounting of working hours is work in excess of the established working hours for accounting period. According to current legislation, overtime work is generally prohibited. In case of involving employees in overtime work in exceptional cases provided for by law, the maximum norms are established - four hours for two days in a row and 120 hours per year for each employee. Remuneration for overtime work is paid at an increased rate. Employees who have entered into an employment contract with a provision for part-time work cannot be involved in overtime work at all. They can be recruited from above established norm duration of working hours with the consent of the parties only on the basis of a mutual agreement with payment for work beyond the usual (single) rates.

The working week is the distribution of working time throughout the calendar week. There are two types of workweek: with one and two days off (usually Saturday and Sunday).

A working day is the working time established by law during the day. Duration of daily work specific enterprise(in an institution, organization) is determined by the internal rules labor regulations or shift schedules in case of shift work.

A work shift is the duration of working hours throughout the day according to the work schedule or schedule. Shift schedules are approved for “daily” shift work throughout the day (s). Shift schedules can be two or three shifts, and in continuously operating enterprises - even four shifts. Shift schedules are provided to employees for review, as a rule, no later than 1 month before they come into force. The transition from one shift to another, as a rule, must be carried out every working week at the hours determined by the shift schedules.

At the start of work, each employee is required to mark his arrival at work, and at the end of the working day (shift) - leaving work in the manner established by the enterprise. In continuously operating production facilities, workers are prohibited from leaving work until their replacement arrives (according to Typical rules internal labor regulations).

A special type of working time regime is a work regime with the distribution of the working day into parts. The distribution of the working day into parts is provided for in Article 105 of the Labor Code of the Russian Federation and means the possibility of establishing a break in work for more than two hours. Two hours is the length of a break that allows it to be qualified as a break for food and rest. The division of working time into parts is established for urban transport drivers and livestock workers (feeding, milking cows, etc.). The possibility of dividing the working day into parts is provided for by a number of regulations regulating the issue of working time and rest time in certain areas National economy.

From point of view practical application normal labor legislation The most problems arise when regulating working hours with a cumulative account of its duration. As a rule, summarized accounting is used in “daily” shift work mode.

Let's break down in more detail the acceptable standards for the duration of a work shift throughout the day. Shifts can be day, evening or night. The duration of the work shift may coincide with established by law For individual categories workers with the duration of daily work (Article 94 of the Labor Code of the Russian Federation), and may be more or less than it. The duration of a shift when recording working hours in total should not exceed 12 hours. In accordance with the provisions of labor legislation, the duration of the work shift when working at night is reduced by 1 hour, with the exception of those employees for whom reduced working hours are established. According to Art. 95 of the Labor Code of the Russian Federation on the eve of weekends, the duration of a work shift with a 6-day working week cannot exceed 6 hours. The duration of the work shift on the eve of non-working holidays is also subject to a reduction of 1 hour for both a 5-day and a 6-day working week. This rule does not apply to those employees for whom reduced working hours are established. In cases where a holiday non-working day is preceded by a day off according to the calendar or work schedule, the duration of daily work (shift) before the holiday is not reduced. If in continuously operating organizations and in certain types of work there are reductions in work shifts on the eve of the initial and holidays due to production conditions it is impossible, for processing on these days it is provided Extra time rest or it is paid in the same way as overtime work.

A shift for workers aged 15 to 16 years cannot exceed 5 hours, for minors from 16 to 18 years old - 7 hours, for children aged 14 to 16 years combining work and study - 2.5 hours.

As mentioned above, the working time of employees in the cumulative accounting of working hours is regulated by shift schedules (Articles 103-104 of the Labor Code of the Russian Federation), which are drawn up in advance for the entire accounting period based on the fulfillment of the established norm of working hours for this period. The schedules (or the order on the implementation of a work schedule) indicate: the start, end and duration of daily work (shift), the time of breaks for rest and consumption of food, as well as the time of inter-shift and weekly rest.

Shift schedules are actually a report card for the use of working time, only compiled for the onset of the accounting period and without taking into account some deviations: absenteeism, unplanned vacations, illness, etc.

When drawing up schedules for going to work, the responsible person must undoubtedly take into account: the existing schedule of annual planned vacations, the list of employees who are sick at the time of drawing up the schedule, the list of employees who are on leave in connection with their studies at higher education institutions. educational institutions, as well as the volume of tasks assigned to the unit by the management of the enterprise.

Every day, the shift schedule is checked by the head of the department with the actual availability of workers and, if necessary, adjusted in order to fulfill planned tasks and comply with the norms and requirements of Russian labor legislation.

Shift schedules are approved by the administration in agreement with the elected trade union body (trade union representative, elected representative of the collective of workers) and are given to each employee for review.

Summarized working time recording is also used when using one of the progressive forms of working time recording - the flexible working time regime, i.e. dividing the working day into parts, which are provided for in Article 105 of the Labor Code of the Russian Federation.

The implementation of a shift work schedule allows, as the load increases, to increase the operating time of the enterprise to 12-24 hours a day. And the number of working days per week can be increased to 7.

There are many options for shift schedules, each of which is formed to solve specific problems. Let's consider three options for shift schedules, the most rational and often used in enterprises when organizing work from 12 to 24 hours a day and from 5 to 7 days a week.

Option 1 is used when it is necessary to solve the distribution optimization problem labor resource in accordance with intraday load fluctuations. A 2-shift morning-evening schedule is used with the enterprise operating hours from 8.00 to 20.00, from Monday to Friday, with two days off. This is the simplest option; its feature is the period of simultaneous presence of two shifts on the site. Personnel work 8 hours a day with overlapping intervals during peak daily workloads in production (Table 1).

Table 1

Duration of shifts with a two-shift shift schedule

Each employee works 40 hours a week. If the shift size is 10 people, the average monthly resource will be 3520 people/hour.

The schedule for covering intraday peak loads during 2-shift work with a period of simultaneous work of shifts is shown in Fig. 1.

The advantages of a two-shift morning-evening schedule are an increase in the operating time of the enterprise to 16 hours a day. With a shift duration of 8 hours, it is possible to use personnel in overtime work within 1-2 hours, without fear of a significant decrease in productivity and quality of workmanship.

Picture 1

Schedule for covering intraday peak loads during 2-shift work

The disadvantage of using this chart is the limited number technical resources during the simultaneous work of morning and evening shifts. Option 2 is used to solve the problem of a general increase in the production capacity of the enterprise with a five-day working week. A 3-shift schedule is being introduced to organize round-the-clock work. The staff works in weekly cycles of 8 hours a day with 2 days off. To transfer shifts and adjust shift assignments, the schedule should include half-hour intervals for crossing shifts - changing shifts (Table 2). The employee's weekly workload is 40 hours per week. With a shift size of 10 people, the average monthly resource will be 5280 people/hour. The advantages of a 3-shift schedule are the prompt completion of production tasks due to the night shift processing the volume of work received for the previous day, ensuring a continuous production process during a five-day work week, as well as the ability to use personnel after hours. The disadvantage is the need to organize round-the-clock operation of services to ensure working conditions for equipment and personnel.

table 2

Length of shifts with a three-shift shift schedule

U – morning shift from 07.30 to 16.00, B – evening shift from 15.30 to 24.00, N – night shift – 23.30 to 08.00

Option 3 is used to solve the maximum magnification problem bandwidth warehouse with a seven-day work week. To do this, a 4-shift schedule is introduced with the organization of two 12-hour periods of production shifts during the day and night. To switch to this schedule, it is necessary to provide for increased rest intervals after the night shift (Table 3).

The average working time of one employee is 42 hours per week. With a shift size of 10 people, the average monthly resource will be 7,200 people/hour.

The advantages of a 4-shift schedule are maximum realization of the potential of production capacity, prompt execution of requests and orders due to the night shift processing the volume of orders received during the previous day, as well as the ability to ensure a continuous process of processing the flow of goods or the production process.

The disadvantages are the need to organize round-the-clock operation of services that provide working conditions for equipment and personnel, as well as the lack of a reserve for overtime hours of work for personnel after a 12-hour shift (with the exception of the withdrawal of shifts per day, one day after work on the night shift).

Table 3

Length of shifts with a four-shift shift schedule

D – day shift from 08.00 to 21.30, N – night shift from 21.00 to 08.30

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1. The duration of daily work has a direct impact on a person’s performance. Long-term continuous operation Tires a person, leads to a decrease in his performance (decreased speed of movements, weakened attention, making mistakes, decreased productivity, etc.), affects his health. Therefore, the legislation establishes not only the weekly standard of working time, but also the maximum permissible duration of daily work for a number of categories of workers.

Moreover, these requirements must be met not only when distributing the weekly norm of working time, but also when distributing working time within the accounting period.

2. The specific duration of daily work (shift) is determined by internal labor regulations or shift schedules for both a 5-day and a 6-day working week, in compliance with the requirements for the maximum permissible duration of a working day (shift).

So, according to Part 1 of Article 94 of the Labor Code of the Russian Federation daily duration working hours are established primarily for persons under 18 years of age. Moreover, for students it is common educational institutions, educational institutions of primary and secondary vocational education, combining during school year study with work, the norm for the duration of daily work has been changed compared to the previous edition of the commented article. For example, for persons aged 16 to 18 years, the duration daily shift could not exceed 3.5 hours. Federal Law No. 90-FZ of June 30, 2006 allowed workers of the specified age to increase the duration of daily work to 4 hours.

3. The duration of daily work (shift) for disabled people is established in accordance with the medical certificate issued in the manner established federal laws and other regulatory legal acts Russian Federation. In particular, the recommended duration of daily work (shift) for a disabled person is indicated in an individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by the institution of the state medical and social examination service for recognizing a citizen as disabled. An individual rehabilitation program for a disabled person is mandatory for execution by any organizations, regardless of their organizational and legal forms and forms of ownership (Article 11 of the Law on the Protection of Persons with Disabilities).

4. In relation to workers engaged in work with hazardous and (or) dangerous conditions labor, in the commented article is preserved general requirement that with a 36-hour work week, the duration of daily work cannot exceed 8 hours; with a 30-hour work week or less - 6 hours.

At the same time, Part 3 of Article 94 of the Labor Code of the Russian Federation allows for the possibility of increasing the duration of daily work (shift) by collective agreement compared to the duration of daily work (shift) established by Part 2 of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours (Part 1 of Article 92 of the Labor Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation. It seems that the establishment of such a regime should be considered only as an exception, allowed under the systematic control of the territorial bodies of Rospotrebnadzor.

As follows from the note to the concept of “hygienic standards for working conditions,” hygienic standards are justified taking into account an 8-hour work shift. For longer shifts, but not more than 40 hours per week, in each specific case the possibility of working must be agreed with the territorial departments Federal service on supervision in the field of consumer rights protection and human well-being, taking into account the health indicators of workers (according to periodic medical examinations, etc.), the presence of complaints about working conditions and mandatory compliance with hygiene standards (see paragraph 3 of the section "Basic concepts used in the Guide " // Guidelines for hygienic assessment of factors working environment And labor process. Criteria and classification of working conditions. R2.2.2006-05, approved. Chief State Sanitary Doctor of the Russian Federation July 29, 2005).

5. Normal working hours for creative workers of cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses, media mass media, professional athletes, like other workers, cannot exceed 40 hours per week. However, the duration of the daily work (shift) of these categories of workers in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations, can be established by a collective agreement, local normative act, employment contract(list of professions and positions of creative workers in 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, the specifics of whose work activity are established Labor Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252 (SZ RF. 2007. N 19. Art. 2356)).

On the specifics of regulating the labor of these creative workers, see Art. 351 and comments. To her.

ST 94 Labor Code of the Russian Federation.

The duration of daily work (shift) cannot exceed:

• for employees (including persons receiving general education or secondary vocational education and working during the holidays) from the age of fourteen to fifteen years - 4 hours, from the age of fifteen to sixteen years - 5 hours, from the age of sixteen to eighteen years - 7 hours;
• for persons receiving general education or secondary vocational education and combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;
• 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.

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.

An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to 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 compliance with the maximum weekly working hours established in accordance with parts one to 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.

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.

Commentary to Art. 94 Labor Code of the Russian Federation

1. The Labor Code does not contain a general rule regulating the duration of daily work. The duration of daily work (shift) is an element of the working time regime (see Article 100 of the Labor Code of the Russian Federation and the commentary thereto) and is established by the internal labor regulations. The commented article contains maximum norms for the duration of daily work (shift) only for those categories of workers for whom, in accordance with Art. 92 of the Labor Code of the Russian Federation establishes a reduced working time.

2. The maximum norms for the duration of daily work (shift), established by Part 1 of the commented article for minor workers, are mandatory for employers who do not have the right to exceed them. Likewise, the duration of daily work determined for a disabled person by a medical certificate cannot be exceeded.

3. When regulating the duration of daily work of workers engaged in work with harmful and (or) dangerous working conditions, the Labor Code of the Russian Federation expanded the rights of participants in social partnership, establishing in Part 3 of the commented article the possibility of increasing the duration of daily work (shift) compared to that established by law by introducing the corresponding norm into the collective agreement and industry (inter-industry) agreement. This possibility is allowed subject to certain conditions: a) the limit on weekly working hours established for this category of workers must be observed (Part 1 of Article 92 of the Labor Code of the Russian Federation); b) compliance with hygienic standards of working conditions is required. An increase in the duration of a shift for a specific employee is possible only with his written consent, formalized by means of a separate agreement to the employment contract. Consent to extend a shift can be formalized both when concluding an employment contract and when changing the work schedule.

4. Part 4 of the commented article establishes the features of regulating the duration of daily work (shift) for creative workers. Lists of jobs, professions, and positions of these workers must be 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, and the specific duration of daily work can be established by a collective agreement, a local regulatory act, or an employment contract. The duration of working hours per week for creative workers listed in part 3 of the commented article must comply with the general rules established by Art. Art. 91 and 92 of the Labor Code of the Russian Federation.

The duration of daily work for athletes under the age of 18 can be established by collective agreements, agreements, local regulations, subject to the maximum weekly working hours established by Part 1 of Art. 92 of the Labor Code of the Russian Federation (Article 348.8 of the Labor Code of the Russian Federation).

5. Special rules on working hours are established for persons working part-time (see Article 284 of the Labor Code of the Russian Federation and the commentary thereto). The duration of working hours when working part-time should not exceed four hours a day, and on days when the employee is free from work at his main place of work labor responsibilities, he can work part-time full time (shift). Moreover, the duration of working hours when working part-time for one month (another accounting period) should not exceed half monthly norm working hours (standard working hours for another accounting period) established for the corresponding category of workers. The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee has suspended work at his main place of work due to a delay in payment wages for a period of more than 15 days or suspended from work in accordance with part 2 and 4 of Art. 73 Labor Code of the Russian Federation.

For some categories of employees, the law allows for an increase in the duration of part-time work. For medical workers of healthcare organizations living and working in rural areas and in urban settlements, the duration of part-time work may be increased by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and all-Russian association of employers (Part 2 of Article 350 of the Labor Code of the Russian Federation) . Decree of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in health care organizations for medical workers living and working in rural areas and in urban settlements” established that the duration of part-time work in health care organizations for medical workers living and working working in rural areas and in urban settlements, should be no more than 8 hours. per day and 39 hours. in Week.

[Labor Code of the Russian Federation] [Chapter 15] [Article 94]

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 basic general educational programs and educational programs of secondary vocational education, combining education with work during the academic year, from the age of fourteen to sixteen years - 2.5 hours, from the age of sixteen to eighteen years - 4 hours;

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.

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.

An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to 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 compliance with the maximum weekly working hours established in accordance with parts one - 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.

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, may be established by a collective agreement, a local regulatory act, or an employment contract

2 comments on the entry “Article 94 of the Labor Code of the Russian Federation. Duration of daily work (shift)”

Article 94. Duration of daily work (shift)

Commentary on Article 94

The duration of daily work (shift) is fixed in the internal labor regulations, collective agreement, and other local regulations, taking into account the stipulated duration of working hours per week (Article 91 of the Labor Code). The duration of daily work (shift) is also determined by shift schedules.
Article 92 of the Labor Code, as indicated when considering reduced working hours, established the duration of the shortened working week from 24 to 36 hours, depending on the category of workers. And when normal duration working week, and with its reduced duration, the weekly norm of working time is fulfilled during the calendar week. At the same time, the duration of daily work (shift) depends on the type of working week - five or six days. The internal labor regulations, and in some cases, the employment contract, establish the type of working week. These acts, and in case of multi-shift work - shift schedules, determine the number of shifts during a calendar day and the duration of daily work in compliance with the established length of the working week. In most cases, the employer organizes the work of employees by establishing a working week with two days off. In cases where, due to the nature of production and working conditions, it is inappropriate to introduce a five-day work week, a six-day work week with one day off is established. With a 40-hour, five-day work week, an eight-hour duration of daily work (shift) is established, and with a six-day work week, a seven-hour duration of daily work (shift) for five working days, and on the sixth day, the duration of daily work (shift) is reduced to five hours (hours). 3, Article 95 of the Labor Code). This ensures compliance with the weekly working hours.
With reduced working hours, the duration of daily work (shift) should not exceed that established in Parts 1, 2 of Art. 94 Labor Code for relevant categories of workers.
It is allowed to increase the duration of daily work (shift) for workers engaged in work with harmful and (or) dangerous working conditions. At the same time, in accordance with Art. 92 of the Labor Code must comply with the maximum weekly working hours for a certain category of workers.
For creative workers, the List of which is approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252 “On approval of the List of professions and positions of creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons participating in the creation and (or) execution (exhibition) of works, the specifics of whose labor activity are established by the Labor Code of the Russian Federation,” the duration of daily work (shift) in accordance with Art. 94 of the Labor Code can be established in accordance with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.
———————————
NW RF. 2007. N 19. Art. 2356.

The duration of daily work (shift) of certain categories of workers is regulated by by-laws.
For example, the Regulations on the peculiarities of working hours and rest time for tram and trolleybus drivers, approved by Order of the Ministry of Transport of Russia dated October 18, 2005 N 127, establishes that for drivers with a five-day working week, the normal duration of daily work (shift) cannot exceed eight hours , and for those working on a six-day working week calendar - seven hours.
———————————
BNA. 2005. N 49.

Article 94. Duration of daily work (shift)

Commentary on Article 94

1. The duration of daily work has a direct impact on a person’s performance. Long-term continuous work tires a person, leads to a decrease in his performance (decreased speed of movements, weakened attention, making mistakes, decreased productivity, etc.), and affects his health. Therefore, the legislation establishes not only the weekly standard of working time, but also the maximum permissible duration of daily work for a number of categories of workers.
Moreover, these requirements must be met not only when distributing the weekly norm of working time, but also when distributing working time within the accounting period.
2. The specific duration of daily work (shift) is determined by the internal labor regulations or shift schedules for both a 5-day and a 6-day work week, in compliance with the requirements of Art. 94 on the maximum permissible working day (shift).
So, according to Part 1 of Art. 94 daily working hours are established primarily for persons under 18 years of age. Moreover, for students educational institutions, educational institutions of primary and secondary vocational education that combine study with work during the academic year, the norm for the duration of daily work has been changed compared to the previous edition of the commented article. For example, for persons aged 16 to 18 years, the duration of a daily shift could not exceed 3.5 hours. Federal Law No. 90-FZ of June 30, 2006 allowed workers of the specified age to increase the duration of daily work to 4 hours.
3. The duration of daily work (shift) for disabled people is established in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In particular, the recommended duration of daily work (shift) for a disabled person is indicated in an individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by the institution of the state medical and social examination service for recognizing a citizen as disabled. An individual rehabilitation program for a disabled person is mandatory for execution by any organizations, regardless of their organizational and legal forms and forms of ownership (Article 11 of the Law on the Protection of Persons with Disabilities).
4. With regard to workers engaged in work with harmful and (or) dangerous working conditions, the commented article retains the general requirement that with a 36-hour work week, the duration of daily work cannot exceed 8 hours; with a 30-hour work week or less - 6 hours.
At the same time, part 3 of the commented article allows for the possibility of increasing the duration of daily work (shift) by collective agreement compared to the duration of daily work (shift) established by part 2 of this article for workers employed in work with harmful and (or) dangerous working conditions , subject to compliance with the maximum weekly working hours (Part 1 of Article 92 of the Labor Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation. It seems that the establishment of such a regime should be considered only as an exception, allowed under the systematic control of the territorial bodies of Rospotrebnadzor.
As follows from the note to the concept of “hygienic standards for working conditions,” hygienic standards are justified taking into account an 8-hour work shift. For longer shifts, but not more than 40 hours per week, in each specific case the possibility of work must be agreed upon with the territorial departments of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare, taking into account the health indicators of workers (based on periodic medical examinations, etc. .), the presence of complaints about working conditions and mandatory compliance with hygienic standards (see paragraph 3 of the section “Basic concepts used in the Manual” // Guide to the hygienic assessment of factors in the working environment and the labor process. Criteria and classification of working conditions. R2.2.2006 -05, approved by the Chief State Sanitary Doctor of the Russian Federation on July 29, 2005).
5. The normal working hours for creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, the media, professional athletes, as well as other workers, cannot exceed 40 hours a week. However, the duration of the daily work (shift) of these categories of workers in accordance with the lists of 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, may be established by a collective agreement, a local regulatory act, or an employment contract ( list of professions and positions of creative workers in 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, the specifics of their labor activity are established by Trudov Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252 (SZ RF. 2007. N 19. Art. 2356)).
On the specifics of regulating the labor of these creative workers, see Art. 351 and comments. To her.

Shift work - work in two, three or four shifts - is introduced in cases where the duration production process exceeds the permissible duration of daily work, as well as in order to more effective use equipment, increasing the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation).
Unfortunately, the Labor Code does not provide a clear limitation on the maximum duration of a work shift. This duration depends, first of all, on the type of recording of working hours (daily, cumulative), and the time of day (work during the day or night). However, there are a number of rules that must be followed.
Duration of work shift, according to general rule, does not differ from the length of the working day and is determined for most workers based on the normal length (40 hours) of working time and the established type of working week (five-day with two days off or six-day with one day off). The legal requirement to provide employees with daily (between shifts) rest (Article 107 of the Labor Code of the Russian Federation) must also be taken into account. Unfortunately, the Labor Code has not defined a specific minimum duration of such rest, but according to established practice, it (together with the lunch break), as a rule, should not be less than twice the duration of work on the day (shift) preceding the rest. The requirements of Art. 94 of the Labor Code of the Russian Federation establishing the duration of the work shift for certain categories of workers (minors, disabled people, etc.), and all other special norms of the Labor Code. Thus, for medical workers, a reduced working time of no more than 39 hours per week is established. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government of the Russian Federation. Now the Order of the USSR Ministry of Health of December 12, 1940 No. 584 “On the duration of working hours for medical workers” is still in force (see also question No. 3324).

All of the above rules can be defined in one term - the daily or weekly working hours established for this category of workers. There are exceptions to it, both in the direction of reduction and possible increase.
1) Work at night (Article 96 of the Labor Code of the Russian Federation). Night time is the time from 22:00 to 6:00.
The duration of work (shift) at night (night shift) is reduced by one hour. A night shift is considered to be one in which more than half of its duration occurs at night. However, this rule does not apply to employees for whom a reduction in working hours is already provided (see Article 92 of the Labor Code of the Russian Federation “Reduced working hours”, according to which working hours for medical workers are reduced, Part 1 of Article 350 of the Labor Code of the Russian Federation). The duration of work is not reduced even when a person is hired specifically to perform work only at night, unless otherwise provided by the collective agreement (for example, doctors on duty hired only at night).
The duration of night work is equalized with day work in cases where this is necessary due to production conditions, in particular in continuous production, as well as in shift work with a 6-day work week with one day off. The list of specified works may be fixed by a collective agreement, an order of the head of the organization or other local regulations.
2) Exceeding is possible with the introduction of summarized working time recording in an organization. According to Art. 104 of the Labor Code of the Russian Federation in organizations or when performing individual species works where, due to production (work) conditions, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized accounting; at the same time, the duration of working hours for the accounting period (month, quarter and others, but not more than 1 year) should not exceed the normal number of working hours.
The procedure for maintaining summarized records is established by internal labor regulations. The employee is given a shift schedule, for example, he goes to work every other day, two or three days, and a shift with total accounting, as a rule, should not exceed 10-12 hours (formally it can last 24 hours).