Art. 92 TC RF with comments. Art. 92 of the LC RF: "Reduced working hours"

In part 1 of Art. 92 of the LC RF defined categories of employees for whom the duration of working time is reduced. The duration of labor activity for a particular person is indicated by contracts on the basis of an interbranch (sectoral) agreement. This takes into account the results of a special assessment of working conditions. It is carried out by an authorized commission in accordance with the rules provided for in legislative and other normative sectoral (intersectoral) acts.

Part 1 of Art. 92 of the LC RF

The reduced duration of work is provided for employees:

1. Under 16 years of age - not more than 24 hours / week.
2. At the age of 16-18 years - no more than 35 hours / week.
3. People with disabilities of the 1st or 2nd groups are not more than 35 hours per week.
4. Working conditions of which are classified as harmful 3-nd or 4-th degree or dangerous - not more than 36 hours / week.

The duration of the work of educational institutions, leading educational activities, under the age of 18 years, performing work tasks during the year in their spare time, can not be more than half of the norms given above.

Additionally

Art. 92 of the Labor Code of the Russian Federation establishes that in accordance with the interbranch (sectoral) contract and the collective agreement, as well as the written consent of the employee, the duration of his working time may be increased. However, the duration of work can not be more than 40 hours a week. The employee in this case is entitled to payment of compensation, which is calculated separately from other amounts in the amount, order and on the terms determined by inter-industry (sectoral) contracts and collective agreements. The written consent of the citizen is formalized by drawing up an annex to the contract. In other federal or other normative acts, the reduced duration of employment may be established for categories of employees not specified in this article.

Art. 92 TC RF with comments

The Labor Code defines the norms for the duration of the work activity of citizens. General requirements are established art. 91, 92 of the LC RF. In accordance with the first rule, the duration of working time can not be more than 40 hours / week. Art. 92 TC RF allows a reduction in the established duration for a number of categories of employees. The decrease in the duration of working hours has several characteristic features. Among the main of them it is necessary to note the following distinctive features:

1. The shorter duration serves as a complete norm for some categories of employees.
2. Special indicators of the duration of time are introduced to ensure increased protection and safety of personnel employed in the enterprise.
3. Factors necessitating the reduction are the special nature and conditions of professional activity, the age and physiological characteristics of the employed people.

The 219th article of the Code provides for the employee's right to work in conditions that meet the requirements of the OT. The rules and amounts of guarantees and compensation to citizens engaged in professional activities in hazardous / harmful industries are determined by art. 92, 117, 147 of the LC RF.

Salary of employees

The remuneration of labor of persons for whom reduced duration standards are provided does not decrease in proportion to the worked-out period. The exception is only minors. Employees who have not reached the age of 18 pay out in accordance with the reduced time. At the same time, the employer has the right, from his own means, to pay a surcharge to the salary level of employees working according to the standards.

Contracts

Duration of work, in accordance with Art. 92 of the LC RF is established in the contract on the basis of an interbranch (industry) agreement taking into account the results of the assessment of working conditions. This means that in an agreement with a particular citizen, the characteristics of the place of carrying out their professional activities should be prescribed. They will affect the establishment of working hours. In addition, in accordance with Art. 92, 117 of the Labor Code of the Russian Federation, employees who are involved in activities in hazardous / hazardous production establish an annual paid additional leave. In the absence of sectoral and collective agreements, the employment contract will act as the only document that determines the duration of the activity.

Nuance

In accordance with the Federal Law regulating the protection of persons with disabilities, the duration of work is not more than 35 hours per week for persons who have the 1st and 2nd groups. At the same time, wages are kept in full. If a disabled person is working 30 hours a week, the pay is proportionate to the hours worked.

Daily rates

When considering the question of the reduced duration of work, it is reasonable to analyze Art. 92, 94 of the LC RF. The first establishes the duration of activity per week for a number of categories of employees. In Art. 94 determined the duration of labor per day. In accordance with the norm, the duration of the shift can not be longer:

1. For employees 15-16 years - 5 hours, 16-18 years - 7 hours.
2. For students on PLO and secondary vocational education programs combining study and work during the year, at the age of 14-16 years - 2.5 hours, 16-18 years - 4 hours.

The duration of the shift for the disabled is determined according to the medical opinion presented in the manner specified in the Federal Law. For employees involved in activities in dangerous / hazardous industries for which shorter working hours are provided, the maximum permissible shift duration can not be more than 8 hours at 36-hour and 6 hours at 30-hour week. It is allowed to increase the above standards while observing the rules established by part 1 of Article 92 of the Code. It is allowed to increase the duration of shifts to 12 hours at 36-hour and 8 hours at 30-hour week.

Persons of creative professions

This category includes:

1. MASS MEDIA.
2. Organizations of cinematography.
3. Video and television crews.
4. Concert, theater organizations.
5. Circuses.
6. Other persons participating in the creation / execution of works of creativity.

For the specified employees, the duration of the shift is established by a contract, by a local act, by a collective agreement.

Pedagogical workers

In Art. 92 of the LC RF indicated that a federal or other regulatory act may establish separate standards for certain categories of employees. In particular, they include teachers and health workers. As a basis for reducing the duration of labor activity, special acts act, which apply to each category separately. In particular, according to the Order of the Ministry of Education and Science No. 2075, it is stipulated that the duration of work for teachers is determined at a reduced rate not more than 36 hours per week. When determining the duration of work, a position or specialty is taken into account, as well as the specific nature of the activity. The 36-hour week includes:

1. For employees of the teaching staff of universities and institutions of additional vocational education.
2. Senior educators of pre-school, educational institutions of additional education for children and children's homes.
3. Teachers-psychologists, social pedagogues, teachers-organizers, instructors on work, senior counselors.
4. Methodists of educational institutions.
5. Tutor, except for those engaged in the spheres of additional and higher vocational training.
6. Heads of physical education of organizations implementing programs of secondary and primary vocational education.
7. Educators-organizers of the OBZH, pre-conscription training.
8. Instructors-methodologists of establishments of additional education of children of a sports profile.

Medical workers

Government Decision No. 101 defines the duration of labor activity of employees of medical institutions, depending on the position or specialty. There are 3 lists of employees. The first includes specialties / positions of employees whose working conditions entitle them to the reduced duration of the week (36 hours). In the second group there are workers for whom a 33-hour week is envisaged. For the third list, the length of the work week at 30 hours is established.

Hazardous / harmful production

According to Federal Law No. 426, a special assessment of labor conditions acts as a single set of sequentially implemented measures to detect negative factors of the working environment. Within the scope of the audit, the level of their impact on the personnel is assessed. In this case, the deviations of the actual value from the indicators established by the executive federal structure of power are taken into account.

In accordance with the 14th article of this law, labor conditions for the level of danger / hazard are divided into 4 classes. The first includes optimal indicators of the state of the working environment. Under such conditions, hazardous / noxious factors do not affect personnel or their degree does not exceed the norms. With such indicators, prerequisites are created to maintain the employees' efficiency at a high level. Admissible conditions are considered in which harmful / dangerous factors affect personnel within the limits of norms. At the same time, the changes that the workers are exposed to are eliminated during the regulated rest period or by the beginning of the next shift. Harmful are the conditions under which the impact of factors exceeds the normative level. Dangerous is the working environment in which there is a threat to the lives of staff. In this case, the consequences of the influence of negative factors determine the probability of acute pathology during labor activity. When the employees employed in harmful industries use effective PPEs that have passed certification in the established order, the class of conditions can be reduced. This procedure is carried out by a special commission assessing the working environment. Class reduction is allowed no more than one degree.