Working hours for minors in the shopping mall of the Russian Federation.

A wonderful spring holiday that bears the name International Women's Day, or, simply and briefly " March 8", are noted in many countries of the world.

In Russia, March 8 is an official holiday, an additional day off .

In general, in our country, this date was declared a holiday from the moment of the widespread establishment of Soviet power, and after half a century it also became a day off. In the USSR, the celebration was largely political, since historically the event in honor of which the holiday was established was an important day in the struggle of workers for their rights. And also it was on March 8, 1917 (according to the old style, according to the new - February 23, 1917) from the strike of workers of St. Petersburg manufactories, into which the celebration of International Women's Day grew, the February Revolution began.

International Women's Day on March 8 is a memorable date for the UN, and the organization includes 193 states. The memorable dates announced by the General Assembly are intended to stimulate UN members to show increased interest in these events. However, at the moment, not all member states of the United Nations have approved the celebration of Women's Day in their territories on that date.

Below is a list of countries that celebrate International Women's Day. The countries are grouped into groups: in a number of states, the holiday is an official day off (day off) for all citizens, somewhere on March 8 only women have a rest, and there are states where they work on March 8.

In which countries is March 8 a day off (for everyone):

* In Russia- March 8 is one of the most beloved holidays, when men congratulate all women without exception.

* In Ukraine- International Women's Day continues to be an additional day off, despite regular proposals to exclude the event from the number of non-working days and replace it, for example, with Shevchenko's Day, which will be celebrated on March 9.
* In Abkhazia.
* In Azerbaijan.
* In Algeria.
* In Angola.
* In Armenia.
* In Afghanistan.
* In Belarus.
* In Burkina Faso.
* In vietnam.
* In Guinea-Bissau.
* In Georgia.
* In Zambia.
* In Kazakhstan.
* In Cambodia.
* In Kenya.
* In Kyrgyzstan.
* In the DPRK.
* In Cuba.
* In Laos.
* In Latvia.
* In Madagascar.
* In Moldova.
* In Mongolia.
* In Nepal.
* In Tajikistan- since 2009, the holiday has been renamed Mother's Day.
* In Turkmenistan.
* In Uganda.
* In Uzbekistan.
* In Eritrea.
* In South Ossetia.

Countries in which March 8 is a day off only for women:

There are countries in which only women are exempted from work on International Women's Day. This rule is approved:

* In China.
* In Madagascar.

Which countries celebrate March 8, but this is a working day:

In some countries, International Women's Day is widely celebrated, but it is a working day. It:

* Austria.
* Bulgaria.
* Bosnia and Herzegovina.
* Germany- in Berlin, since 2019, March 8 is a day off, in the whole country it is a worker.
* Denmark.
* Italy.
* Cameroon.
* Romania.
* Croatia.
* Chile.
* Switzerland.

In which countries March 8 is NOT celebrated:

* In Brazil - the majority of the inhabitants of which have not even heard of the "international" holiday on March 8. The main event of late February - early March for Brazilians and Brazilian women is not Women's Day at all, but the world's largest Brazilian Festival according to the Guinness Book of Records, also called the Carnival in Rio de Janeiro. In honor of the festival, the inhabitants of Brazil rest for several days in a row, from Friday to noon on Catholic Ash Wednesday, which marks the beginning of Lent (which for Catholics has a movable date and begins 40 days before Catholic Easter).

* In the United States, a holiday is not a public holiday. In 1994, an attempt by activists to get the celebration in Congress was unsuccessful.

* In the Czech Republic (Czech Republic) - most of the country's population considers the holiday as a relic of the communist past and the main symbol of the old regime.

Today, underage workers can easily find employment through specialized centers or recruitment agencies. Employers are ready to offer them a wide variety of vacancies.

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Minors belong to a special social group. For them, special rules of labor regulation have been determined.

The legislator, when establishing certain provisions, pursues an understandable goal - to prevent the negative impact of production factors on the health of a minor.

What does the law say?

According to the current legislation, registration with persons who have reached the age of 16 is allowed. Exceptions are possible in situations covered by regulations.

Thus, the legislator allows official employment from the age of 15, but only for light work that is not capable of harming a minor. At the same time, there is a key condition that such an employee should not study on a full-time basis.

A 14-year-old teenager, with the permission of his parents, as well as the guardianship and guardianship authority, has the right to do light work that is not capable of harming his health. The period of performance of the labor function should not coincide with the time of study.

The rules we have considered are enshrined in Art. 63 of the Labor Code of the Russian Federation.

Article 92 of the Labor Code of the Russian Federation speaks about the working time for this category of employees.

It is in it that the abbreviated norms are approved:

• less than 16 years old - 24 hours / week;
• 16-18 years old - 35 hours / week

For workers who work and study at the same time, the standards are cut in half:

• less than 16 years old - 12 hours / week;
• 16-18 years old - 17.5 hours / week

Working hours are also set for the daily shift:

• 15-16 years old - 5 hours / shift;
• 16-18 years old - 7 hours / shift;
• for persons combining work and training (up to 16 years old) - 2.5 hours / shift.

Normative base

The main act that regulates the standards of the working period for minors is the Labor Code of the Russian Federation. This codified law includes a whole chapter, which is devoted to the labor issues of this class of workers.

Of greatest interest is Art. 92, which approves the duration of the labor function of minors. Failure to comply with these standards entails the responsibility of the employer.

Rights and guarantees for employees

Special rules for regulating work activities have been approved for minors.

They have special rights and benefits:

• the right to a longer vacation (31 days) without the possibility of replacing it with compensation or an early call;
• the right to receive education at the expense of the employer and the possibility of future employment;
• compulsory annual medical examination;
• allowed only by decision of a special commission.

The legislator also highlighted a number of prohibitions:

• cannot be asserted;
• you cannot be hired for a job that requires special training and knowledge;
• cannot be hired in hazardous or harmful working conditions;
• you can not be attracted to work on night shifts, on non-working days, as well as a more approved rate;
• cannot be sent to;
• can not be taken on or on a rotational basis;
• it is impossible to conclude agreements on the material liability of the employee.

Obligations of the employer

The employer should take into account the provisions on the special status of a minor employee and comply with all the requirements of the Labor Code of the Russian Federation.

The main responsibilities of the employer remain the same:

• organization of the workplace for employees in accordance with the established norms;
• timely;
• compliance with labor protection standards.

The employer must provide the minor employee with 31 days of leave. At the same time, it cannot be postponed, replaced with compensation or early suspended.

When concluding an agreement, the employer (if this is his first place of work) acquaints him with the internal documents of the company.

Working hours for minors under the Labor Code of the Russian Federation

Working time according to the Labor Code of the Russian Federation is the period during which the employee must implement his labor functions. As a general rule, working hours are 40 hours. For minors, lower rates are set.

The length of the working day will depend on the age of the minor. Specific indicators are approved in Art. 92 of the Labor Code of the Russian Federation.

These standards must be unconditionally observed by the employer. Otherwise, you can file a complaint about his actions with the labor inspectorate.

Rate and duration

The norm of the working period for minors is a specific figure that is approved by law.

It should be understood that despite the shortened working hours, employees will receive the same funds as if they worked 40 hours / week.

There are two indicators for minors:

• the duration of the daily shift;
• rate h / week

These numbers are interrelated. They are applied in a complex manner. Accordingly, the employer is obliged, when approving the working time for the employee, to comply with the shift standards, and will keep within the weekly duration.

How does it decrease?

Working hours will be reduced depending on the age of the minor - the younger he is, the less time he fulfills his duties.

So, workers under 16 years old can work no more than 24 hours / week, and if they are already 16 years old, then this duration increases to 35 hours / week.
The rate will be reduced when the employee is studying and working at the same time. In such a situation, the duration of the working period is halved.

To determine the specific norm of working time, we will divide all minors into 2 categories:

• under the age of 16;
• from 16 to 18 years old.

Teenagers under 16

Workers under the age of 16 can perform light work, taking into account the duration of working hours approved for them:

• weekly - 24 h / week;
• every shift - 5 h / week.

If an employee is trained, then these norms are halved:

• weekly - 12 h / week;
• every shift - 2.5 h / week.

Under 18

The normal length of the working period is reduced for workers from 16 to 18 years old by 5 hours (p. 92 of the Labor Code of the Russian Federation). In a standard situation, employees work 40 hours / week.

Thus, minors who have reached the age of 16 fulfill their work duties within 35 hours / week. Their daily rate is 7 hours / shift. Consequently, their working hours are reduced by only 1 hour per shift compared to normal hours.

For student employees, the standards are halved.

During holidays

We have already mentioned that for student workers, working hours are halved. But what will be the duration of the work during the holidays?

The Ministry of Health and Social Development gave clarifications on this matter.

So, its experts explain that the reduced duration is set in order not to interfere with the process of normal training for an employee under the age of 18.

During the holidays, such an employee does not study, and therefore must work according to the general standards approved for his age.

How to document it?

The relationship between the worker and the employer is formalized through the conclusion of an employment agreement.

Upon registration, he transmits the following acts:

• statement;
• passport;
• health document;
• parental consent to work (if such an employee is 14 years old).

An employee can be hired only after undergoing a medical examination, which is paid for by the employer's money.

The labor contract specifies the norms of the working period in agreement with the Labor Code of the Russian Federation.

Features of accounting in the timesheet

In accordance with the explanations of the RF Armed Forces, documents that prove the real duration of the working time of a minor employee are:

• a labor agreement signed by the worker and the employer;
• work shift schedule;
• time sheet;
• settlement documents;
• specialized means of accounting of working hours.

Employer's liability for violation of rights

Minor employees have special rights and benefits. They must be taken into account by the employer when hiring such an employee. Failure to comply with certain norms of the Labor Code is punishable by sanctions.

The most common reasons for holding employers liable are:

• non-observance of the norms on the reduced duration of work of minors;
• forced to work on weekends, holidays;
• engaging minors in overtime work;
• failure to submit according to the approved schedule;
• and others.

Today, many employers do not comply with all the requirements of the Labor Code of the Russian Federation, which may entail bringing them to financial responsibility.

Arbitrage practice

As evidenced by judicial practice, the rights of minors are often violated by the heads of employer companies.

This is unacceptable and should be the basis for the preparation of a complaint. Then this appeal is forwarded to the labor inspectorate, the prosecutor's office or the court. Employers, as a rule, are held accountable (administrative, disciplinary) on the basis of Article 419 of the Labor Code of the Russian Federation.

Where and according to what rules schoolchildren can earn extra money in the summer

How to entertain a child, and even more so a teenager in the summer, during school holidays? It's good when there is a grandmother in the village, funds for a trip to a children's camp. And if not? Where to direct the child's energy and protect him from bad deeds and companies? One way out is to find him a job.

Where to go?

If a student is ready to work, it is better for parents to find a place of work, since often children are deceived without a twinge of conscience - they are not paid for the work performed. During the most active time for vacations, as a rule, all organizations need temporary employees without work experience in the "fetch-fetch" position. Such assistants can be engaged in sorting correspondence, copying documents, driving information into an electronic database (for today's savvy teenagers, this will not be a big problem). The payment for such work is usually hourly - about 100 rubles.

You can search for vacancies on the Internet. There are offers to work as a courier (90-150 rubles per hour), a posting ad (1 ad - 2-3 rubles), a promoter (to demonstrate goods in retail outlets - 100-250 rubles per hour), a handyman in a fast food network (150- 250 rubles per hour). There are also interesting announcements, for example, a vacancy for a bicycle collector (1 bicycle - 50 rubles), or an assistant to an ice cream seller (100 rubles per hour).

There is a special database on work for schoolchildren and students in youth organizations that exist today in every city. By the way, many large cities have adopted special programs for youth employment. Money is allocated for them, including for the temporary employment of adolescents. Most of the work is on the improvement of the city: helping the janitors, workers, putting in order kindergartens and schools, sports grounds in the summer. Or a social worker - helping the elderly at home (go to the store, clean up the apartment). The fee is 50-100 rubles per hour.

Attention is the law!

The legislation regulates child labor even stricter than that of an adult. But for your child to truly be protected, the relationship with the employer must be formalized according to the letter of the law. The experts from the Center for Social and Labor Rights told Trud exactly how.

At what age can they be hired?

- The International Labor Organization (ILO) proceeds from the premise that a child should not work, but should learn. Therefore, ILO Convention 138 “On the minimum age for admission to work” stipulates that the age at which children can be admitted to work should not be lower than the age of completion of compulsory schooling and, in any case, should not be 15 years old. As a general rule, in accordance with Art. 63 of the Labor Code of Russia (TC), the conclusion of an employment contract is allowed with persons who have reached the age of 16. If children go to a general education school (or evening school) or have stopped studying there, then 15-year-olds can also be hired to do light work that does not harm their health.

With the consent of one of the parents (guardian) and the guardianship and trusteeship body, an employment contract may be concluded with students who have reached the age of 14 to perform light work in their free time, if this does not interfere with the learning process. In organizations of cinematography, theaters, circuses, etc., it is possible to conclude an employment contract with those who have not yet reached the age of 14 to participate in the creation and (or) performance (display) of works without prejudice to health and moral development.

How many hours a day can a teenager work?

- Persons aged 16 to 18 - no more than 35 hours a week, under 16 - no more than 24 hours a week. But if children study in general education institutions and work in their free time from school, then the duration of their working time cannot be more than half of this norm.

The duration of daily work (shift) cannot exceed: for employees aged 15 to 16 - 5 hours; from 16 to 18 years old - 7 hours. Pupils of schools, institutions of primary and secondary vocational education, combining study with work during the academic year, at the age from 14 to 16 years old can work no more than 2.5 hours a day, at the age from 16 to 18 years old - no more than 4 hours per day.

Where are children not allowed to work?

- General rule: it is prohibited to use labor of persons under the age of 18 in jobs with harmful or hazardous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs) - Art. 265 of the Labor Code of the Russian Federation. It is forbidden to carry and move by workers under the age of 18 weights that exceed the maximum limits established for them (Resolution of the Ministry of Labor of the Russian Federation of 04/07/1999 N 7).

How should an employment contract be concluded?

- Persons under 18 years of age are hired only after a preliminary compulsory medical examination (examination) and further, until reaching the age of 18, are annually subject to a compulsory medical examination (examination) - Art. 266 of the Labor Code of the Russian Federation. Employees under 18 years of age studying on a full-time basis, by agreement with the employer, can conclude a fixed-term employment contract. An employment contract on full financial responsibility cannot be concluded, even if the child was accepted for a position that implies the conclusion of such a document. Such workers are not entitled to a probationary period. They cannot be accepted concurrently. Students from 14 to 16 years old can enter into employment contracts with the consent of one of the parents and the guardianship and guardianship authority. An employment contract on behalf of an employee under 14 years of age in cinematography organizations, theaters, circuses, etc. is signed by his parent (guardian). The permission of the guardianship and trusteeship body indicates the maximum permissible duration of daily work and other conditions in which the work can be performed.

Those under the age of 18 cannot be sent on business trips, involved in overtime work, work on weekends and non-working holidays, as well as to work at night. Annual paid leave for this category of workers is 31 days at a convenient time for them (provided after six months of work). In addition, the teenager can take a student leave (during the session). Also, the employer is obliged to provide, at the request of the minor, leave at his own expense.

How can a child be fired?

- Only at the request of the child. Termination of an employment contract with employees under the age of 18 on the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors' affairs (Article 269 of the Labor Code of the Russian Federation).

Now there are fewer problems with employment among schoolchildren and students. Along with specialized youth centers, they can contact largerecruitment agencies.

Minors are a special social group; An entire chapter is devoted to the application of labor in the Labor Code of the Russian Federation (Chapter 42 of the Labor Code of the Russian Federation of 12/30/2001 N 197-FZ; adopted by the State Duma of the Federal Assembly of the Russian Federation on 12/21/2001). At the same time, a number of provisions concerning the use of their labor are enshrined in other chapters of the Labor Code of the Russian Federation. Restrictions on the use of adolescents' labor are primarily aimed at preventing the negative impact of production factors on the development, health, moral and mental state of a minor.

Age

The Labor Code defines the age at which citizens are employed - 16 years. There is a possibility of hiring people from the age of 15 who have received basic general education or have left a general education institution in accordance with federal law. But when concluding an employment contract with a minor employee, there are some nuances.

Article 63 of the Labor Code of the Russian Federation allows concluding an agreement only with persons who have reached the age of 16. With those who are younger, you can sign an employment contract only if they have already graduated from school.

It is allowed to use the labor of persons who have reached the age of 14. On the basis of Part 3 of Article 63 of the Labor Code of the Russian Federation, the mandatory conditions for concluding an employment contract with this category are: written consent of one of the parents (guardian, trustee) and the guardianship and trusteeship authority; work should not interfere with learning; work should be easy and not harm the health of the teenager. If the contract is concluded for the first time, then the organization is obliged to issue the teenager with a work book and a certificate of state pension insurance (Article 65 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation has a provision that determines the possibility of entering into labor relations for minors under the age of 14. This exception, on the basis of part 4 of article 63 of the Labor Code of the Russian Federation, is established for cinematography organizations, theaters, theater and concert organizations, circuses for minors to participate in the creation and (or) performance of works without prejudice to health and moral development.

Article 70 of the Labor Code of the Russian Federation indicates that the organization does not have the right to establish a probationary period for a minor. Before starting to work in an organization, a minor is obliged to undergo a medical examination (Article 266 of the Labor Code of the Russian Federation). In the future, the employee must undergo a medical examination annually until he reaches the age of 18.

Working hours

Reduced working hours are established for employees under 18 years of age. Article 91 of the Labor Code of the Russian Federation establishes the normal duration of a working week - 40 hours. But it should be borne in mind that for employees under 18 years old, a shortened working week is established (Article 92 of the Labor Code of the Russian Federation), namely: for employees under 16 years old - no more than 24 hours; for employees from 16 to 18 years old - no more than 36 hours; for employees under 16 years of age studying in any educational institution - no more than 12 hours; for employees from 16 to 18 years old studying in any educational institution - no more than 18 hours. In addition, Article 94 of the Labor Code of the Russian Federation also establishes for minors the maximum permissible duration of daily work (shift): for workers aged 15 to 16 - no more than 5 hours; for employees aged 16 to 18 years - no more than 7 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, at the age of fourteen to sixteen years - no more than 2.5 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the school year, at the age of sixteen to eighteen years - no more than 3.5 hours.
On the basis of Part 3 of Article 176 of the Labor Code of the Russian Federation, employees studying in evening (shift) educational institutions, during the academic year, set a working week at their request, reduced by one working day or by the corresponding number of working hours (if the working day is shortened during weeks). During the period of release from work, employees are paid 50% of the average earnings at the main place of work, but not less than the minimum wage.

Work where the use of labor is prohibitedminors

The current legislation introduces restrictions on the use of labor by persons under the age of 18. These restrictions are due to: working conditions; the weight of the cargo carried or moved by the employee; the nature of the work performed; working regime. It is not allowed to hire persons under the age of 18 to work with harmful and (or) dangerous working conditions. According to Art. 265 of the Labor Code of the Russian Federation, minors cannot be employed in: underground work; jobs that may harm their health and moral development (for example, in the gambling business, in night cabarets and clubs, as well as in the transportation, production and trade of alcoholic beverages or tobacco products); hard work; work with harmful or hazardous working conditions.
The list of heavy work and work with harmful and hazardous working conditions, in which it is prohibited to use the labor of persons under 18 years of age, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.

In addition, the Labor Code of the Russian Federation prohibits: to involve minors in overtime work; call on the night shift and on weekends: the prohibition of the use of minors' labor at night is established by Article 96 of the Labor Code of the Russian Federation. Work shift of an employee under 18 years old must begin no earlier than 6 a.m. and end no later than 10 p.m.

Employees under the age of 18 cannot be sent on business trips. This limitation also applies to business trips in the same area, when the employee has the opportunity to return home daily. As an exception, in accordance with Article 268 of the Labor Code of the Russian Federation, the employer is allowed to send on business trips, involve in overtime work, work at night, on weekends and non-working holidays, minors who are creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and participate in the creation and (or) performance of works, as well as professional athletes. Lists of such professions are 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. Until such lists are established, sending minors on business trips, engaging in overtime work, work at night, on weekends and non-working holidays is impossible.

Production rates and wages

Article 270 of the Labor Code of the Russian Federation states that the production rates for persons under 18 are determined based on the general standards established for adult workers, in proportion to the shortened working hours established for minors.
Thus, for minors between the ages of 16 and 18, the production rate established for adult workers who work 40 hours a week is recalculated in proportion to the shortened working hours established for them, namely, in relation to 36 hours a week.

Article 271 of the Labor Code of the Russian Federation establishes the following remuneration for workers under the age of 18: with a time-based wage system, wages to minors are paid on the basis of established tariff rates, official salaries in proportion to the hours worked - 36 hours or 24 hours a week, respectively (not combining training with labor) and 18 hours or 12 hours a week (combining training with labor in their free time). Under the piece-rate system of remuneration, work of persons under 18 years of age is paid according to the established piece-rate rates for adult workers, taking into account the production rate established for young workers. For employees under the age of eighteen, studying in general education institutions, educational institutions of primary, secondary and higher vocational education and working in their free time - payment is made in proportion to the time worked or depending on the output. The employer can establish additional wages for these employees at their own expense.

Holidays for underage workers. Employees under the age of 18 are provided with an annual basic paid leave of 31 calendar days at a convenient time for them (Article 167 of the Labor Code of the Russian Federation). This applies to all minors, incl. working part-time. During the period of employment of a minor employee, it is not allowed to replace the annual paid leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation). Payment of monetary compensation is possible only in case of termination of the employment contract.
The Labor Code of the Russian Federation provides for the possibility of providing minor employees with additional paid leaves provided for by law, as well as collective and labor contracts. Thus, an employee who combines work with study is entitled to additional leave with the preservation of average earnings, so that the teenager has time to prepare and pass exams and tests. Also, at the request of the student, the organization is obliged to let him go on vacation without pay. For example, for passing entrance exams.

The material was prepared on the basis of information from open sources

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 working capacity (a decrease in the speed of movements, a weakening of attention, making mistakes, a decrease in labor productivity, etc.), and affects the state of health. Therefore, the legislation establishes not only the weekly norm of working time, but also the maximum permissible duration of daily work for a number of categories of workers.

Moreover, these requirements must be observed not only in the distribution of the weekly norm of working time, but also in the distribution of 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 5-day and 6-day workweeks, in compliance with the requirements for the maximum permissible working day (shift).

So, according to Part 1 of Article 94 of the Labor Code of the Russian Federation, the daily duration of working hours is established primarily for persons under 18 years of age. Moreover, for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, the standard for the duration of daily work has been changed compared to the previous edition of the commented article. For example, for persons between the ages of 16 and 18, the duration of a daily shift could not exceed 3.5 hours. Federal Law of June 30, 2006 N 90-FZ allowed employees of the specified age to increase the duration of daily work up to 4 hours.

3. The duration of daily work (shift) for disabled persons is established 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. In particular, the duration of daily work (shift) recommended for a disabled person is indicated in the individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by an institution of the state service of medical and social examination for the recognition of a citizen as a disabled person. An individual rehabilitation program for a disabled person is mandatory for any organization, regardless of their organizational and legal forms and forms of ownership (Article 11 of the Law on the Protection of Disabled People).

4. With regard to workers employed in work with harmful and (or) dangerous working conditions, the commented article retains the general requirement that, with a 36-hour working 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 the possibility of increasing the duration of daily work (shift) by the collective agreement in comparison with 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 in 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 the 8-hour work shift. With a longer shift duration, but no more than 40 hours per week, in each specific case, the possibility of work must be agreed with the territorial departments of the Federal Service for Supervision of Consumer Rights Protection and Human Wellbeing, taking into account the health indicators of workers (according to periodic medical examinations, etc. .), complaints about working conditions and mandatory compliance with hygienic standards (see clause 3 of the section "Basic concepts used in the Guide" // Guidelines for the hygienic assessment of factors of the working environment and the labor process. Criteria and classification of working conditions. P2.2.2006 -05, approved by the Chief State Sanitary Doctor of the Russian Federation on July 29, 2005).

5. Normal working hours for creative workers of cinematography organizations, television and video filming collectives, theaters, theater and concert organizations, circuses, mass media, professional athletes, like other workers, cannot exceed 40 hours per week. However, the duration of 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 Trilateral Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, an employment contract ( a list of professions and positions of creative workers of the media, cinematography organizations, television and video filming collectives, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, the specifics of whose work activities are established by Trudov Code of the Russian Federation, approved by the Decree of the Government of the Russian Federation of April 28, 2007 N 252 (SZ RF. 2007. N 19. Art. 2356)).

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