Theory of everything. Labor Code of the Russian Federation Article 92 of the Labor Code of the Russian Federation

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

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 whose working conditions at their workplaces, based on the results special assessment working conditions are classified as harmful conditions labor 3 or 4 degrees or hazardous working conditions - no more than 36 hours per week.

The working hours of a specific employee are determined employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding additional agreement to the employment contract, the duration of working hours specified in paragraph five of part one of this article may be increased, but not more than up to 40 hours per week with a payment to the employee separately established monetary compensation in the manner, amounts and conditions established by industry (inter-industry) agreements and collective agreements.

Duration of working hours for persons under eighteen years of age receiving general education or secondary vocational education and combining education with work during the academic year cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws Shorter working hours may be established for other categories of workers (teaching, medical and other workers).

Commentary to Art. 92 Labor Code of the Russian Federation

1. A reduction in working hours may be established for various categories workers - taking into account the harmfulness and (or) danger of working conditions (see commentary to Article 94 of the Labor Code of the Russian Federation), for the purpose of social protection of workers (disabled people of group I or II, persons under the age of 18).

2. The Government of the Russian Federation in Resolution No. 870 of November 20, 2008 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor" (SZ RF. 2008. N 48. Art. 5618) instructed the Ministry of Health and Social Development of Russia, within 6 months after the entry into force of this document, to establish working conditions depending on the class and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations for workers those engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, reduced working hours, the minimum duration of annual additional paid leave, minimum size increasing wages, as well as the conditions for providing these compensations.

3. Until the entry into force of such an act, the previous procedure for establishing reduced working hours for employees employed in unfavorable working conditions continues to apply.

Right to shortened work time have workers according to the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298-P/22.

The procedure for applying the List is determined by the Instruction approved by the Resolution of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20. Both documents, taking into account later amendments and additions (published in a separate publication), are valid to the extent that they do not contradict the Labor Code of the Russian Federation.

4. Working hours are reduced for employees employed in the relevant hazardous industry, workshop, profession and position if they work in such conditions for at least half of the working day.

5. Taking into account the specifics of the content of work and its conditions, reduced working hours may be established by the Labor Code and other federal laws for other categories of workers (teaching, medical workers, etc.) - see commentary to Art. Art. 333, 350 Labor Code of the Russian Federation.

Second commentary to Article 92 of the Labor Code

1. Normal duration working hours are reduced by:

16 hours per week - for workers under 16 years of age;

5 hours per week - for workers who are disabled people of group I or II, and for workers aged 16 to 18 years;

4 hours a week or more - for workers engaged in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

2. The length of the working week established by Part 1 of Art. 92, applies to persons aged 15 to 18 years who are not studying in educational institutions.

3. The procedure for establishing reduced working hours for employees engaged in work with harmful and dangerous working conditions is 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. Currently, it is regulated by the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20).

4. Persons studying in general education and educational institutions of primary and secondary vocational education and those working during the academic year in their free time from school are entitled to reduced working hours of the following duration: at the age of 16 to 18 years - no more than 17.5 hours per week; aged 14 to 16 years - no more than 12 hours per week.

5. The legislation sets the age for employment at 15 years. Previously, persons who had reached this age could be hired only in exceptional cases. Currently students educational institutions in their free time from study, they can be hired to perform light labor (not related to the gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs) from the age of 14 only with the consent of the parent (adoptive parent, guardian).

For time-based wages wage employees under the age of 18 with a shortened working day are paid taking into account the reduced duration of work, and with piecework wages - at established piecework rates.

The employer can establish at the expense own funds additional payment to such employees up to tariff rate for the time by which their duration is reduced daily work(see commentary to Article 271 of the Labor Code of the Russian Federation).

6. The length of the working week for students aged 14 to 18 years working during the holidays cannot exceed: from 16 to 18 years old - 36 hours per week; from 14 to 15 years old - 24 hours a week.

7. Currently, the legislation of the Russian Federation has not yet provided for a List of jobs with harmful and (or) dangerous working conditions that give the right to a shortened working day. Therefore, it seems that, pending the establishment of the List, the List of industries, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the State Committee of Labor of the USSR and the All-Union Central Council of Trade Unions of October 25, 1974, as amended and additions. The application of the List is regulated by the Instruction approved by the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated November 21, 1975.

8. All employees whose professions and positions are provided for in production and workshops in the relevant sections of the List, regardless of industry, have the right to a shortened working day.

9. The right to a shortened working day or working time arises only if the employee actually performed work in hazardous conditions for a duration of at least half the working day established by the List for a given production, workshop, profession or position. If an employee is actually employed in hazardous conditions throughout the entire working day, then his working day is reduced when the List contains a special indication “permanently working” or “permanently employed”.

10. The right to a shortened working day is reserved for employees working with a combination of professions (if they perform their main job in full), as well as for auxiliary, auxiliary workers and foremen.

11. Workers third party organizations on days of work in hazardous working conditions, they have the right to reduced working hours.

12. Enterprises have the right, at their own expense, to establish reduced working hours for other categories of their employees.

13. Establishing shortened working hours is the responsibility of the administration. When concluding an employment contract, the parties do not have the right to increase the working hours established by law.

14. Doctors and paramedics medical personnel hospitals, maternity hospitals, clinics and clinics and other inpatient medical institutions, special sanatoriums, air ambulances, blood transfusion stations, outpatient clinics (with the exception of doctors engaged exclusively in outpatient care), health centers and ambulance and emergency medical centers, sanitary and epidemiological institutions, medical, paramedic and obstetric offices, antenatal clinics , children's homes, orphanages, children's rooms, mother and child rooms, forensic medical examination institutions, research institutes and laboratories, and for doctors in nurseries and dairy kitchens, the working day is reduced to 6.5 hours a day.

For doctors of clinics who receive patients, doctors of the MSEC (medical and social expert commission), dentists and dentureists, and nursing staff, the working day is set at 5.5 hours (Resolution of the Council of People's Commissars of the USSR of December 11, 1940 // SP USSR. 1940. N 32. Art. 806). For nurses involved in raising children under 3 years of age, and teachers of nursery groups of children's institutions and children's homes - up to 6 hours a day (36 hours a week) (Resolution of the Council of Ministers of the USSR of April 12, 1984 // SP USSR. 1984. N 18).

15. The Law of the Russian Federation “On Education” as amended on January 13, 1996 (clause 5 of Article 55) provides that for teaching staff educational institutions establish a reduced working time - no more than 36 hours per week (SZ RF. 1996. N 3. Art. 150).

16. In accordance with the Resolution of the Supreme Council of the RSFSR “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas” dated November 1, 1990 for women working in rural areas (including those who work in agricultural production, works in workshops industrial enterprises and other enterprises located in rural areas), a 36-hour work week is established.

The classification of a territory as a rural area is carried out in accordance with the Regulations on the procedure for resolving issues of the administrative-territorial structure (approved by the Decree of the Presidium of the Supreme Soviet of the RSFSR dated August 17, 1982 “On the procedure for resolving issues of the administrative-territorial structure of the RSFSR” // Vedomosti of the RSFSR. 1982. N 34. Art. 1271).

17. Federal Law “On social protection disabled people in the Russian Federation" dated November 24, 1995 established for disabled people of groups I and II (II and III degrees) the working week should not exceed 35 hours.

This norm applies to disabled people working in all enterprises, regardless of their form of ownership.

18. On reduced working hours for persons studying in educational institutions, see comments to Art. 173, 174, 176 Labor Code of the Russian Federation.

Official text:

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 whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week.

The length of working time for a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, the working hours specified in paragraph five of part one of this article may be increased, but not more than up to 40 hours per week with payment to the employee of a separately established monetary compensation in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements.

Duration of working hours of training organizations carrying out educational activities, under the age of eighteen, working during the school year in their free time from receiving education, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers).

Lawyer's comment:

In accordance with the given working hours, Article 94 of the Labor Code determines the maximum duration of daily work (shift) for the specified category of workers. For example, the shift length for workers aged 16 to 18 years cannot exceed seven hours. For students of educational institutions of various levels who combine study with work during the academic year, the duration of daily work (shift) cannot exceed half of the specified norms for persons of the corresponding age. Thus, the reduced working hours are established depending on the physiological characteristics of the workers’ bodies (age, health), working conditions (dangerous, harmful conditions), characteristics labor activity(increased intellectual activity and emotional stress) and is the maximum permissible working hours per week for these categories of workers, i.e. the full standard of duration of their work. The given working time standards are established in order to protect the health of the relevant categories of workers. It should be noted that the duration of daily work (shift) for disabled people is established in accordance with a medical report.

For workers engaged in work with harmful and (or) dangerous working conditions, a reduced working time of no more than 36 hours per week is established in the manner prescribed 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 (RTK). At the same time, on the territory of Russia, in accordance with Article 423 of the Labor Code, the List of industries, workshops, professions and positions with hazardous working conditions, approved by the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, is applied. vacation and shortened working hours. This List applies until the adoption of the relevant regulatory legal act of the Government of the Russian Federation. Federal law may establish reduced working hours for other categories of workers. So, for pedagogical and medical workers a reduced working week has been determined: no more than 36 hours for teaching staff (Article 333 of the Labor Code), no more than 39 hours for medical workers (Article 350 of the Labor Code).

Thus, working hours may be reduced depending on the employee’s age, health status, working conditions, and the nature of the work of certain categories of workers. In addition, Article 95 of the Labor Code stipulates that the duration of the working day (shift) immediately preceding a non-working holiday, is reduced by one hour. In certain types of work or in continuously operating organizations where such a reduction in work duration is not possible, overtime is compensated by providing additional rest to the employee or, with his consent, payment according to the standards established for payment of overtime work. If a non-working holiday is preceded by a day off, then the working hours are not reduced. For employees who have a six-day work week, the duration of work on the eve of the weekend cannot exceed five hours.

A woman works in a 24-hour supermarket on a 2/2 schedule. In this case, departure for shift can be carried out either at 6:00 in the morning or at 18:00 in the evening. Throughout December 2016, the schedule changed several times, and workers only learned about the changes the day before. In particular, the woman was forced to go to work on New Year's Eve, although according to the schedule she was supposed to rest on that day. The situation is similar in January 2016. Is it possible to force the employer to comply labor legislation?

Lawyer's answer:

An employee’s work in shift mode is regulated by an employment contract, work schedule, as well as the norms of the Labor Code of the Russian Federation. According to Art. 103 of the Labor Code of the Russian Federation, the shift schedule must be approved and brought to the attention of employees no later than 1 month before its introduction. At the same time, engaging any employee to work for 2 shifts in a row is unacceptable.

As evidenced by Art. 104 of the Labor Code of the Russian Federation, if when performing certain work operations the established duration of working time cannot be observed, it is necessary to introduce its summarized accounting. This prevents working hours from exceeding a certain accounting period above the normal number of working hours. In this case, the total duration of the accounting period cannot be more than 1 year. Work activity within the boundaries of a properly organized shift schedule does not entail the formation of overtime hours.

If overtime occurs within the framework of a shift schedule, it can be concluded that the supermarket management is incorrectly applying the shift schedule. According to Art. 152 of the Labor Code of the Russian Federation, overtime hours must be paid at an increased rate (for the first two hours - at one and a half times, for subsequent hours - at double).

At the same time, in accordance with Art. 103 of the Labor Code of the Russian Federation, the duration of overtime work cannot exceed 4 hours for each employee for 2 consecutive days and 120 hours during the year. You can force your employer to comply with labor laws by filing a complaint with labor inspection or the prosecutor's office.

Question

An employee of the State Budgetary Healthcare Institution holding the position of a laboratory technician has a working day from 7:00 to 14:00. Is such an employee entitled to a lunch break, or is he required to work for 7 hours without a break?

Lawyer's answer:

According to Art. 108 of the Labor Code of the Russian Federation, an employee, regardless of the length of the shift, is given breaks intended for rest and nutrition. The duration of such a break is from half an hour to 2 hours. Break time is not included in the total shift duration. It is determined according to the internal rules labor regulations or on the basis of agreements between employees and the employer.

Question

The company is undergoing layoffs, and individual specialists have been notified of this. At the same time, laid-off employees are familiar with the downtime order for 2 months preceding the layoff. In fact, the functions of laid-off employees are transferred to other employees, there is no downtime. All actions are taken only to reduce the volume of payments due to reduction. How can you influence the employer?

Lawyer's answer:

If the employer artificially creates a downtime situation, then such actions are not based on the law. According to Art. 72-2 of the Labor Code of the Russian Federation, employers are obliged to facilitate the transfer of idle personnel to other operations. If it is impossible to make a transfer, downtime due to the fault of employers is subject to payment in the amount of 2/3 of the employee’s average monthly salary (Article 157 of the Labor Code of the Russian Federation). Only downtime due to the fault of staff is not paid, so any equipment breakdowns, lack of orders, etc. the employer should be notified immediately. If management representatives violate the mentioned legal norms, employees should contact the labor inspectorate (Article 356 of the Labor Code of the Russian Federation), the prosecutor's office, or the court (Article 392 of the Labor Code of the Russian Federation).

Question

Almost all of the company's personnel work in shifts. In this regard, I would like to get an answer to the question: is the employer obliged to reduce the last working day of the year, which falls on December 31, by an hour for all staff? How to force the employer to comply with legal requirements in this case?

Lawyer's answer:

In accordance with Art. 95 of the Labor Code of the Russian Federation, indeed, the duration of the working day or shift that precedes non-working holidays is subject to reduction by 1 hour. However, if the work cycles in the organization are continuous (that is, there are no non-working days in the enterprise as a whole), then such a reduction becomes impossible. In this case, overtime on pre-holiday days is subject to compensation by providing employees with additional rest or payment according to the rules that are determined for overtime.

Article 91. Concept of working time. Normal working hours

Working time is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform job responsibilities, 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 time.

Normal working hours cannot exceed 40 hours per week.

The procedure for calculating the standard working time for certain calendar periods (month, quarter, year) depending on set duration working hours per week are determined federal body executive power, which carries out the functions of developing state policy and legal regulation in the field of labor.

The employer is required to keep records of the time actually worked by each employee.

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 whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week.

The length of working time for a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, the working hours specified in paragraph five of part one of this article may be increased, but not more than up to 40 hours per week with payment to the employee of a separately established monetary compensation in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements.

The length of working time of students of educational organizations carrying out educational activities, under the age of eighteen, working during the academic year in their free time from receiving education, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers).

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.

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 the annual basic paid leave, calculation of length of service and others. labor rights.

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 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:

at 36 hours working week- 8 ocloc'k;

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 mass 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 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.

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.

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.

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 in daytime in cases where this is necessary due to working conditions, as well as during 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.

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.

Article 97. Work outside the established working hours

The employer has the right, in the manner established by this Code, to involve an employee in work beyond the working hours established for of this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective agreement, 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).

Article 98. Repealed.

Article 99. Overtime work

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:

1) if necessary, perform (finish) the work begun, which due to an unexpected delay in technical specifications production could not be completed (finished) during the working hours established for the employee, if failure to perform (non-completion) this work could lead to damage or destruction of the employer’s property (including property of third parties located at the employer, if the employer is responsible for safety of this property), state or municipal property or create a threat to the life and health of people;

2) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:

1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) in social production necessary work to eliminate unforeseen circumstances that disrupt normal functioning centralized systems hot water supply, cold water supply and (or) sanitation, gas supply systems, heat supply, lighting, transport, communications;

3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with this Code and other federal laws. Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.

The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

The employer is required to ensure that each employee's overtime hours are accurately recorded.