Standard hours for a shift work schedule according to the Labor Code

Standard working hours for 2021

An important task for a HR specialist is to correctly determine the standard work time, because thanks to it, the workload and corresponding payments for work are established.
What are the working hours standards for 2021 (table below)? Employees and HR specialists are always concerned about the question of what duration of the labor process is considered normal.

Labor legislation states that 40 hours per week is the normal duration of work. Work and rest schedules in institutions are approved taking into account this figure. However, a schedule of 24 or 36 hours may be normal.

The monthly working time standard for 2021 is determined based on the weekly one, and the number of hours worked by the employee may vary.

Let's define the term “working time”

IMPORTANT! Recommendations for recording working hours from ConsultantPlus are available here

Art. 91 of the Labor Code of the Russian Federation gives a fairly strict definition of this term. Working time is the period during which hired personnel must perform their functional duties, regulated in the terms of the employment contract and internal labor regulations.

Working time also includes some other periods that are considered as such in accordance with legislative acts, namely:

• forced downtime;
• shift change;
• being on a business trip;
• break for lunch, if you cannot leave your workplace at this time;
• special breaks for workers during cold periods of the year, during loading operations, etc.;
• when delivering by company transport - travel time to and from work, etc.

Production calendar 2021

For an accountant and HR specialist, a production calendar becomes an assistant in their activities. It contains a large amount of information about holidays, weekends, and shortened days. The document, for example, indicates how many such days the corresponding period includes, what the work standard is for working weeks of different lengths (24, 36, 40 hours) in each half-year, quarter, month and year as a whole. From the document you can find out what dates certain professional holidays fall on.

The calendar helps the accountant correctly calculate wages, sick leave, vacation pay, and determine work schedules. This document will help the employee choose the appropriate period for vacation.

In 2020, the calendar shows the following important events:

1. Weekends have been postponed

• from Saturday 05.01 to Thursday 02.05;
• from Sunday 06.01 to Friday 03.05
• from Saturday 23.02 to Friday 10.05.

2. Holidays are days off

• from 01.01 to 08.01 - New Year holidays;
• 07.01 - Christmas;
• 23.02 — Defender of the Fatherland Day;
• 08.03 — International Women's Day;
• 01.05 — Spring and Labor Day;
• 09.05 — Victory Day;
• 12.06 — Russia Day;
• 04.11 — Day of National Unity.

3. Abbreviated days are:

• 22.02;
• 07.03;
• 30.04;
• 08.05
• 11.06;
• 31.12.

Working hours for disabled people

Disabled persons Art. 94 of the Labor Code of the Russian Federation prohibits working in excess of the daily norm, but does not establish the norm itself. This is due to the fact that each disease is individual, some disabled people can work without restrictions, and some do not have the opportunity to work at all.

Every disabled person, before employment or after receiving a disability, must go to a clinic that issues a medical report in accordance with the requirements of Order of the Ministry of Health of Russia dated September 14, 2020 No. 972n “On approval of the Procedure for issuing certificates and medical reports by medical organizations,” which approved the Procedure for issuing medical certificates and reports (hereinafter referred to as the Procedure). The conclusion contains an assessment of the health status of a particular disabled person based on an examination. According to clause 14 of the Procedure, the conclusion must contain conclusions about the presence of contraindications to work, study, and compliance of the state of health with the work performed.

Thus, the doctor can limit the maximum daily work time of a particular disabled person or completely prohibit work. Restricting or prohibiting the work of disabled people cannot be regarded as a restriction of a person’s constitutional right to work, since in this case such measures are aimed at protecting the individual.

How to calculate labor standards

In determining the normal duration of work, the order of the Ministry of Health dated August 13, 2009 No. 588n plays a decisive role.

The duration of work during the week, established for the employee, determines the norm for him. The basis is a calculation schedule containing five working days and two days of rest, as well as the duration of the working day or shift.

In the case where an employee has a work week of 40 hours, the duration of work per day is 8 hours; with a 36-hour week - 7.2 hours; at 24 hours - 4.8 hours. Existing work and rest regimes are determined by these figures.

On the eve of the holiday, the duration of work is reduced by one hour (Part 1 of Article 95 of the Labor Code of the Russian Federation). In 2020, such days fall on the following dates: 02/22, 03/07, 04/30, 05/08, 06/11, 12/31. If the Government approves the transfer of a day off to a working day, the duration of work is similar to the duration of the working day to which the day off is transferred. Thus, work on the specified dates will be shorter.

For example, let’s compare two months and see what the working hours are in April 2021 and what the working hours are in March 2020.

Calculation example

In April there are 22 working days and 8 days off (calculated as a work week of five working days and two days off).

The normal period (taking into account one day shortened by 1 hour) is:

• with a work week of 40 hours - 175 hours (8 hours x 22 days - 1 hour);
• at 36 hours - 157.4 (7.2 x 22 - 1);
• at 24 hours - 104.6 (4.8 x 22 - 1).

In March there are 20 working days and 11 days off.

The norm for the period will be (also with one shortened day):

• with a work week of 40 hours - 159 hours (8 x 20 - 1 hour);
• at 36 hours - 143 (7.2 x 20 - 1 hour);
• at 24 hours -95 (4.8 x 20 - 1 hour).

Time to work and time to rest

In labor law, working time is directly opposed to time intended for rest. When coordinating the work schedule, the employer must necessarily regulate non-working time along with working hours.

Rest time is those periods when the employee is free from the requirements of the work schedule and has the right to dispose of them at his own will (Article 106 of the Labor Code of the Russian Federation).

Free time includes :

• unpaid breaks during a shift or working day;
• preparation time for the start of work and for its completion;
• time before the start and after the end of work (according to schedule);
• weekends (weekly rest);
• public holidays;
• vacation (regular annual).

FOR YOUR INFORMATION! A lunch break, which is provided to employees in the middle of a work shift (day) lasting no less than half an hour and no more than 2 hours, is not included in working hours (Article 108 of the Labor Code of the Russian Federation).

Working hours standards

The work schedule (five or six days) affects the established work norm.

With a five day week

With five working days, the quarterly norms and number of days are as follows:

In 2021, during the five-day period, there are the following long periods of rest:

• from 12/30/2018 to 01/08/2019 inclusive (New Year holidays);
• from 08.03 to 10.03 (International Women's Day);
• from 01.05 to 05.05 (Spring and Labor Holiday);
• from 09.05 to 12.05 (Victory Day)
• from 02.11 to 04.11 (National Unity Day).

With a six day week

With six working days, the quarterly norms and number of days are as follows:

Working hours for minors

As stated above, the law does not establish a general maximum number of hours per day for all categories of workers. At the same time Art. 94 of the Labor Code of the Russian Federation establishes categories of workers who cannot work more than a certain number of hours per day. The same rules apply to the maximum shift duration for a shift schedule.

Minors are less protected than adults. Their body and psyche have not yet fully formed, which was the reason for the legislator to establish for minors in Art. 94 of the Labor Code of the Russian Federation, reduced daily labor time (as well as the reduced working time per week established in Article 92 of the Labor Code of the Russian Federation).

At the same time, the duration of students’ daily work depends on the period in which they work: during the holidays or during school hours. The law provides for the following maximum working day (shift) for workers during the holidays:

• for workers aged 14 to 15 years - 4 hours;
• workers aged 15 to 16 years - 5 hours;
• workers aged 16 to 18 years – 7 hours.

The same rules apply to minors who do not study anywhere.

Minors who work during the school year have a shorter working day. For students aged 14 to 16 years - only 2.5 hours, and for students aged 16 to adulthood - 4 hours.

Work standards for 2021 as a whole

In 2021 - 247 days of work (including 6 shortened by one hour) and 118 days off and non-working holidays (subject to working a work week, including five working days and two days off).

The total working time is:

• with a 40-hour work week - 1970 hours:

(8 x 247 days - 6 hours = 1,970);

• with a 36-hour work week - 1772.4 hours:

(7.2 x 247 days - 6 hours = 1,772.4);

• with a 24-hour work week - 1179.6 hours:

(4.8 x 247 days - 6 hours = 1,179.6).

Labor Code on work on weekends and holidays

Article 113 part 1 of the Labor Code (LC RF) directly stipulates a general ban on work on weekends and holidays. But there are two cases in which the law gives the employer the right to involve its employees in work on these days. It also stipulates the conditions when this can be done. The admissibility of work on such days implies 2 types of conditions:

• Only with the written consent of the employee,
• When it is not necessary to obtain such consent.

With written consent

The employer may call you to work on a given day in case of urgency. Urgency should indicate a need that is related to the normal functioning of the organization in the future. Pay attention to 4 important concepts:

• Urgency
• Necessity
• Normal operation
• Further.

Urgency and necessity must be justified by the fact that the circumstances or situation encountered were not predicted or planned. The main requirement for the employer is to obtain written consent from the employee. However, such consent cannot be obtained the day after the release date. It must be received the day before or directly on the same day (in a situation where the employee agreed verbally, for example, by telephone, and then came to work).

Written consent is not required

An employee must (obliged) appear at work on a weekend or holiday without written consent in three cases:

1. An accident or other emergency situation occurred at the enterprise. The employee is involved in work to prevent or eliminate the consequences of a disaster, industrial accident or natural disaster;
2. To attract work to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
3. Introduction of an emergency, martial law for carrying out urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fire, flood, famine, earthquake, epidemic or epizootic) and in other cases threatening the life or normal living conditions of the entire population or parts thereof.

How to calculate the norm for summarized accounting

Cumulative accounting is a labor regime of a special nature, which is based on established schedules.

The payment option for work is determined by the employer. It can be:

• hourly rate (calculated based on the number of hours worked in a particular month);
• official salary (fixed amounts paid every month).

When installing summarized accounting, you should select the optimal accounting period: month, quarter or year. In this situation, the employer chooses. A period exceeding one year is not provided.

When introducing summarized accounting, the following must be observed:

1. The regime is being implemented in those institutions where it is not possible to establish compliance with working hours on an ongoing basis.
2. The amount of work time for a specified period cannot exceed the standards provided for by law.
3. Compliance with the schedule is mandatory.
4. The duration of overtime work is calculated at the end of the accounting period.

Normal shift length

The Labor Code of the Russian Federation also does not stipulate the maximum time of daily work during a shift schedule. Thus, it is not uncommon for a shift to last a whole day. This is not a violation: in any case, the weekly number of hours cannot be more than 40.

Establishing 2 shifts per week for 24 hours is illegal, since in this case the weekly working time will be 48 hours. If the weekly working time exceeds 40 hours, it is necessary to negotiate with the employee whether he wants to work overtime. It is optimal to set one shift for 24 hours, and the second shift for 16 hours.

Thus, the legislator has not established the normal shift length for general categories of workers, however, when fixing it, it is necessary to proceed from the maximum working time per week.

Statistics on the working week in different countries

Taking into account all of the above, we can only determine on average how many hours per week they work in the following countries:

• USA - 40;
• England - 42.5;
• France - 35-39;
• Germany, Italy – 40;
• Japan - 40-44 (according to some sources 50);
• Sweden - 40;
• Netherlands – 40;
• Belgium - 38;
• Russia, Ukraine, Belarus (and other CIS countries) - 40;
• China - 60.

Although in some sources you can find slightly different data. For example, Italy is named one of the countries where people work the least. It is probably impossible to completely generalize these statistics, but it is necessary to consider them from different angles: for private businesses, large enterprises, etc.

Most of these countries have a five-day work week, and the number of hours in a working day can vary.

Non-standard graphics

It is necessary to take into account enterprises where work takes place in 2, 3 and 4 shifts, the duration of which is different - 10, 12 and 24 hours. The schedule is set by the employer, who is guided by the opinion of the trade union, as well as the conditions and specifics of the production process.

For example, some heavy industrial plants often operate 3 shifts, each 12 hours long, seven days a week. Then, each employee is assigned his own schedule of shifts and days off, which do not coincide with regular public holidays. However, general standards for maximum working hours must be observed, and overtime hours must be paid at an enhanced rate.

For those who work part-time, the working day is limited to 4 hours and the working week is limited to 16 hours. True, the law provides exceptions for cultural workers, doctors and teachers.

Standards for working hours are established both at the level of the Russian Federation and at local levels as part of the preparation of contracts, both collectively and individually.