Breaking working day labor code. Breaking working day labor code Personal time part 3 article 105 tk

Article 100. Working hours

The working hours must provide for the length of the working week (five days with two days off, six days with one day off, work week with the provision of days off on a sliding schedule, part-time work), work with irregular working hours for certain categories of workers, duration of daily work (shift), including part-time work (shift), start and end times of work, time of breaks in work , number of shifts per day, alternation of working and non-working days, which are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and for employees whose working hours differ from general rules established by a given employer - by an employment contract.

Features of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government Russian Federation.

Article 101. Irregular working hours

Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

Article 102. Working in flexible working hours

When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.

The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others).

Article 103. Shift work

Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.

When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. Shift schedules are usually an annex to the collective agreement.

Shift schedules are brought to the attention of employees no later than one month before they come into effect.

Working two shifts in a row is prohibited.

Article 104. Summarized recording of working time

When, due to the conditions of production (work) for an individual entrepreneur, in the organization as a whole, or when performing certain types of work, the established for this category of workers (including workers engaged in work with hazardous and (or) hazardous conditions labor) daily or weekly working hours, it is allowed to introduce summarized recording of working hours so that the duration of working hours for the accounting period (month, quarter and other periods) does not exceed the normal number of working hours. The accounting period cannot exceed one year, and for recording the working time of workers engaged in work with harmful and (or) dangerous working conditions - three months.

If, for reasons of a seasonal and (or) technological nature, for certain categories of workers engaged in work with harmful and (or) dangerous working conditions, the established working hours cannot be observed during an accounting period of three months, the industry (inter-industry) ) the agreement and collective agreement may provide for an increase in the accounting period for recording the working time of such employees, but not more than up to one year.

The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers. For employees working part-time (shift) and (or) part-time week, normal number working hours for the accounting period are reduced accordingly.

The procedure for introducing summarized recording of working time is established by the internal labor regulations.

Article 105. Division of the working day into parts

In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work . Such division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.

Full text of Art. 105 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 105 of the Labor Code of the Russian Federation.

In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work . Such division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.

Commentary on Article 105 of the Labor Code of the Russian Federation

The provisions of the commented article establish the possibility of dividing the working day into parts.

As a rule, such division of the working day is due to certain circumstances. This is mainly due to the special nature of work in an organization or production, where the intensity of work can be different during the day, for example, workload in the morning and evening hours and downtime (lack of work) during the day and night hours.

For example, clause 15 of the Regulations on the peculiarities of working hours and rest time for car drivers, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15, establishes that work time driver consists of the following periods:
- driving time;
- time of special breaks for rest from driving on the way and at final destinations;
- preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for intercity transportation - for performing work at the turnaround point or on the way (at a parking place) before the start and after the end of the shift;
- the time of the driver’s medical examination before leaving the line (pre-trip) and after returning from the line (post-trip), as well as the travel time from the workplace to the place of the medical examination and back;
- parking time at loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;
- downtime is not the fault of the driver;
- time of work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;
- time of protection of cargo and vehicle while parked at final and intermediate points during intercity transportation if such duties are provided for in the employment agreement (contract) concluded with the driver;
- the time the driver is present at the workplace when he is not driving a car, when two or more drivers are sent on a trip;
- time in other cases provided for by the legislation of the Russian Federation.

Wherein an important condition is to maintain the total number of working hours throughout the entire work shift or working day for each employee.

It is the employer's responsibility to maintain the prescribed daily work hours for each employee. To organize work in conditions of dividing the working day into parts, the employer must issue a LNA, which must be adopted taking into account the opinion of the elected body of the primary trade union organization. It seems that in the absence of a trade union organization at the enterprise, the corresponding LNA is adopted by the employer independently.

If the need to divide the working day into parts arose as a result of production needs, then employees who were previously hired on the terms of a normal working day of an established duration may refuse to perform their duties under other working conditions, because this means a significant change in their working conditions.

In this case, the employer must familiarize employees with significant changes in working conditions in accordance with the norms of the Labor Code of the Russian Federation and carry out all necessary actions within the framework of the labor legislation of the Russian Federation.

Another comment to Art. 105 Labor Code of the Russian Federation

1. The conditions for applying the work regime with the division of the working day into parts are the special nature of the work or the performance of work, the intensity of which is not the same during the working day (shift). Schedules with the division of the working day into parts are used mainly in organizations serving the population, for example, for drivers of urban passenger transport, for some trade workers.

The Labor Code does not determine the duration of either individual parts of the working day or breaks between them. These issues should be resolved by a local regulatory act on the introduction of a division of the working day into parts, adopted taking into account the opinion of the elected body of the primary trade union organization. At the same time, the total duration of a working day (shift) should not exceed the duration of daily work established for employees by internal labor regulations or an employment contract.

Certain categories of workers are subject to the rules on dividing the working day into parts set out in the provisions on the peculiarities of the working time regime and rest time (Regulation on the peculiarities of the working time regime and rest time of car drivers, approved by Order of the Ministry of Transport of the Russian Federation of August 20, 2004 N 15; Regulations on the peculiarities of the working hours and rest periods of tram and trolleybus drivers, approved by Order of the Ministry of Transport of the Russian Federation of October 18, 2005 N 127).

Consultations and comments from lawyers on Article 105 of the Labor Code of the Russian Federation

If you still have questions regarding Article 105 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

New edition of Art. 105 Labor Code of the Russian Federation

Commentary on Article 105 of the Labor Code of the Russian Federation

The division of the working day into parts is regulated by Article 105 of the Labor Code of the Russian Federation. In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work .

Such work is usually associated with serving the population (for example, in urban passenger transport, in communications and trade organizations). In this case, the total working time should not exceed the established duration of daily work. This division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.

The law does not determine how many parts a working day can be divided into. In practice, the working day is divided into two parts with a break of no more than two hours. It is possible to establish more breaks. These breaks are not paid. The lunch break is included in the specified breaks.

For the time worked under this regime, the employee is paid an additional payment to his basic earnings (Article 114 of the Labor Code of the Russian Federation).

Another comment on Art. 105 Labor Code of the Russian Federation

1. Article 105 of the Labor Code of the Russian Federation establishes both the conditions for the application of a work regime with the division of the working day into parts, and the procedure for introducing such a regime.

2. The conditions for applying the work regime with the division of the working day into parts are the special nature of the work or the performance of work, the intensity of which is not the same during the working day (shift). Schedules dividing the working day into parts are used mainly in organizations serving the population, for example, for drivers of urban passenger transport, for some trade workers.

3. The Labor Code does not determine the duration of either individual parts of the working day or breaks between them. These issues should be resolved by a local regulatory act on the introduction of a division of the working day into parts, adopted taking into account the opinion of the elected body of the primary trade union organization. At the same time, the total duration of a working day (shift) should not exceed the duration of daily work established for employees by internal labor regulations or an employment contract.

© New edition of the Labor Code of the Russian Federation with Comments to the articles. Last changes, news and amendments to the Labor Code of Russia for 2017.

Employment contracts concluded with employees filling the positions of hydrometeorological observers contain the wording “special working hours”. The length of the working week, the duration of daily work, the start and end times of work, the time of breaks in work, the alternation of working and non-working days are not specified in employment contracts. The internal labor regulations, collective agreements or agreements also do not establish working hours for these employees. In fact, these workers are involved in work 7 days a week in different time throughout the day (several times within 24 hours). Currently, the management of the parent organization insists on amending the employment contracts concluded with these employees, in terms of changing their working hours from special to discontinuous. Is it possible to establish a working time regime such as a discontinuous one?

Having considered the issue, we came to the following conclusion:

Rostrud, in connection with requests from employers and employees on issues related to the discontinuous working time regime (the discontinuous nature of work), has repeatedly in its letters identified this regime with the division of the working day into parts (see, for example, Question: The discontinuous nature of work (RH). What are these? Payment methods? (Rostrud information portal “Onlineinspektsiya.RF”, September 2015); Question: How is a broken working day paid (lunch - 3 hours)? (Rostrud information portal “Onlineinspektsiya.RF”, September 2015) ; Question: I work as a teacher. additional education in an orphanage. My work schedule is structured in a similar way: I work from 10.00 to 13.00, then a break from 13.00 to 15.00, then I work from 15.00 to 16.00, then a break from 16.00 to 18.00 and work again from 18.00 to 20.00. Should I be paid for the break day and on the basis of what regulatory documents? (Rostrud information portal “Onlineinspection.RF”, September 2015); Question: What should be the minimum and maximum duration of rest (between parts of the working day) when establishing a broken work schedule for drivers? (Information portal of Rostrud “Online inspection.RF”, September 2015)).

Let us note that in practice, this type of working time regime, such as dividing the working day into parts, can also be called a “fragmented”, “divided”, “broken” working day *(1).

This working time regime is determined by Art. 105 of the Labor Code of the Russian Federation, according to which in those jobs where this is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration working hours did not exceed the established duration of daily work.

As follows from this norm, in fact, the working time regime, which provides for the division of the working day into parts, is a special working regime that is introduced in certain cases.

For some industries, acts federal bodies The executive branch has established lists of professions and positions of workers for whom a divided working day can be established. There are no such regulations at the federal level regarding workers holding positions as hydrometeorological observers.

Accordingly, in the case under consideration, the employer, based on the norms of Art. 105 of the Labor Code of the Russian Federation must assess the need and reasons for introducing this working time regime for hydrometeorological observers, as well as provide for the possibilities and methods for recording their working time in this regime. Considering that the Labor Code of the Russian Federation does not indicate the number of parts into which an employee’s working day can be divided, nor the minimum or maximum amount hours of break between parts of the working day when divided, the working day of employees can be divided into parts at the discretion of the employer. At the same time, the division of the workers’ working day into parts must be caused by objective reasons and the presence of special working conditions (see the ruling of the Nizhny Novgorod Regional Court dated 08/07/2012 N 33-5783/2012).

If there are such reasons and special working conditions, the division of the working day into parts is carried out by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization (if any) (Article 105 of the Labor Code of the Russian Federation). And when establishing such a regime, it is necessary to remember that regardless of the number of parts into which the employee’s working day is divided, the total duration of working time should not exceed the established duration of daily work.

In this regard, we note that according to part two of Art. 91 of the Labor Code of the Russian Federation, normal working hours cannot exceed 40 hours per week. This means that other regulations or the employment contract cannot increase the normal working hours compared to the specified ones. This rule applies to all employers, regardless of their type of activity, nature of work and legal form. For some categories of workers, the Labor Code of the Russian Federation directly provides for normal working hours, which is less than 40 hours per week - reduced working hours (Article 92 of the Labor Code of the Russian Federation). And for some categories of workers, Art. 94 of the Labor Code of the Russian Federation also determines the duration of daily work (shift). Note that for workers with a special nature of work, both weekly and daily working hours can be determined by special regulatory legal acts regulating the specifics of their work (part two of Article 100 of the Labor Code of the Russian Federation).

Consequently, the indication in the employment contracts of the employees referred to in the question, information about the work mode - “special working hours” is not enough.

In any case, the employer must establish by internal labor regulations, collective agreement, agreements the length of the working week, the duration of daily work (shift), including part-time work (shift), start and end times of work, time of breaks in work, number of shifts in day, alternating working and non-working days. If the working hours of these employees differ from the general rules established in your organization, then they must be provided for in employment contracts.

And if the employer has a need to divide the working day into parts, then the number and duration of each part of the employee’s working day should also be determined so that the total working time does not exceed the established duration of daily work. The agreements reached by the employee and the employer on dividing the working day into parts, on the specific number of parts of the working day and their duration, the start and end time of each part, as well as the duration and time of the break(s) between the parts of the working day must be reflected in the additional agreement to the parties. employment contract.

The employer should also necessarily establish the possibility of dividing specific categories of workers into parts of the working day in a local regulatory act, for example, in the internal labor regulations.

We also draw your attention to the fact that when establishing a working time regime, it is necessary to take into account that at present clause 11 of the resolution of the Council of People's Commissars of the USSR dated September 24, 1929 “On working time and rest time in enterprises and institutions switching to a continuous production week” continues to apply. (hereinafter referred to as the Resolution) (part one of Article 423 of the Labor Code of the Russian Federation, clause 11 of the List of decisions of the USSR Government that have lost force due to the introduction into force of the Fundamentals of the legislation of the USSR and union republics on labor, approved by Resolution of the Council of Ministers of the USSR dated 07/08/1977 N 618). According to this paragraph of the Resolution, the duration of daily rest (between shifts, etc.) together with the lunch break must be no less than double the length of work time on the working day (shift) preceding the rest. This norm does not contradict the Labor Code of the Russian Federation.

Conditions that deviate from normal may also include work where the working day is divided into parts (see, for example, clause 1.7 of the Resolution of the Supreme Court of the RSFSR dated November 1, 1990 N 298/3-1). Therefore, employees whose working day is divided into parts are provided with additional compensation of a compensatory nature.

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*(1) See, for example, the article by E. Orlova “Dividing the working day into parts” (Tax Bulletin magazine, No. 10, October 2015).

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Russia, Khabarovsk region

Commentary on Article 105 of the Labor Code

1. The article establishes the grounds on which the division of the working day into parts is introduced: the special nature of work in organizations (for example, organizations serving the population); production of work, the intensity of which is not the same throughout the working day (shift) (for example, urban passenger transport). It is possible to establish a division of the working day into parts, or a fragmented working day, if the condition is met - the total duration of working time cannot exceed the prescribed duration of daily work.

The law does not determine how many parts a working day can be divided into. In practice, the working day is divided into 2 parts with a break of more than 2 hours. It is possible to establish more breaks. These breaks are not paid. The lunch break is included in the specified breaks.

2. The division of the working day into parts is introduced by the employer, taking into account the opinion of the elected trade union body of the organization.

A local regulatory act regulating the division of the working day into parts must provide for: the circle of workers for whom a fragmented working day is introduced; the duration of the parts into which the working day is divided, the duration of the break between them; the period for which a split working day is introduced (or the period is not specified), etc. Since the regime in which the working day is divided into parts is inconvenient for the employee, incentive additional payments may be included in the local regulatory act (Article 144 of the Labor Code).

3. For some categories of workers, the division of the working day into parts is established by law. The Regulations on Working Time and Rest Time for Car Drivers stipulate that bus drivers working on urban, suburban and intercity regular passenger lines, with their consent, may be assigned a working day with the shift divided into 2 parts, provided that the drivers return to their place of deployment before the start of the shift break, no later than 4 hours after the start of work. In this case, the duration of the break must be at least 2 hours, excluding time for rest and food. The break time between 2 parts of a shift is not included in working hours.

Regulations on working time and rest time for employees of communications operating organizations, approved. Resolution of the Ministry of Labor of Russia dated November 17, 1997 N 58, stipulates that employees directly involved in serving the population may be given, with their consent, several breaks in work with a total duration of more than 2 hours, including a break for rest and food. During these breaks, the employee may leave the place of work at his own discretion. By order of February 19, 1998, the State Committee for Communications of Russia N 25 and the Central Committee of the Trade Union of Communication Workers of the Russian Federation N 4-133 approved the List of professions and positions of workers directly related to serving the population, for which the heads of communications organizations can establish, with their consent, divided into parts ( with a break in work of more than 2 hours) a working day with an appropriate additional payment. Order of the Ministry of the Russian Federation for Communications and Information dated September 8, 2003 N 112 approved the List of professions and positions of communication workers for which the employer can establish a split working day.

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Article 105. Division of the working day into parts

Commentary on Article 105 of the Labor Code of the Russian Federation

1. The commented article provides for the possibility of dividing the working day into parts. Such a division is possible in those jobs where the intensity of work during the working day (shift) is not the same, as well as in jobs with a special nature of work. The condition for such a division is compliance with the total duration of the working day: the sum of the parts should not exceed the established normal working hours.

Thus, housing and communal services workers (for example, janitors work in the early morning and evening), workers public transport unevenly loaded throughout the day, etc.

The Labor Code of the Russian Federation does not determine how many parts a working day can be divided into and how long it should be. In practice, most often the working day is divided into two parts, with a break between them of more than two hours. However, there may be more parts of the working day. The specified break also includes a break for rest and food.

2. The division of the working day into parts is introduced by a local regulatory act of the employer, taking into account the opinion of the elected body of the primary trade union organization.

A local regulatory act must provide for the circle of workers for whom the division of the working day into parts, the number of specified parts, and the start and end time of each part of working time are established.

Industry tariff agreements, collective agreements or local regulations of the employer may provide for additional payments to employees for the inconvenience caused by dividing the working day into parts.

Such additional payments are provided for, in particular, by the Industry Tariff Agreement in the housing and communal services of the Russian Federation for 2008 - 2010, approved by Rosstroi on 07/02/2007, by the All-Russian Industry Association of Employers “Union of Utility Enterprises”, by the All-Russian Trade Union of Essential Workers on 06/22/2007 (the Agreement was extended until January 1, 2014), stipulating that additional payment for work according to a schedule with a shift divided into parts is set at no less than 30% of the tariff rate for the time worked in the shift (clause “g”, clause 2.8.2).

Similar standards are established in clause 2.9.2.1 of the Industry Tariff Agreement for organizations of ground urban electric transport of the Russian Federation for 2009 - 2011, approved by the Council of the All-Russian Industry Association of Employers "City Electric Transport", the All-Russian Trade Union of Essential Workers on 10/08/2008 (the Agreement was extended until January 1 2015) and paragraphs. “g” clause 2.8.2 of the Industry Tariff Agreement for organizations and enterprises in the public services sector for 2008 - 2010, approved by the Russian Association of Employers in the Public Services Sector and Craftsmen “Rosbytsoyuz”, the All-Russian Trade Union of Essential Workers on November 23, 2007 (the Agreement was extended until January 1, 2014).

Moreover, the establishment of such an additional payment by agreement of the parties to the social partnership may be determined not only by the working hours, but also by the category of employees. According to clause 3.23 of the Industry Agreement on Institutions Federal service on hydrometeorology and monitoring environment for 2012 - 2014, approved by the All-Russian Trade Union of Aircraft Workers, Roshydromet on February 28, 2012, women working in units of the hydrometeorological service located in rural areas, where the working day is divided into parts with a break of more than two hours, are given a 30% increase in wages in in accordance with the Resolution Supreme Council RSFSR dated November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas.”

In the case where the surcharge is established at the level of social partnership, employers who have acceded to the Agreement are required to pay the surcharge in accordance with the terms of the relevant Agreement.

Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 approved the Regulations on the peculiarities of working hours and rest time for teaching and other employees of educational institutions.

In accordance with clause 3.3 of this Regulation, in exceptional cases in educational institutions with round-the-clock stay of students, pupils (boarding schools, orphanages, boarding schools at educational institutions), in which educational and educational activities during the day within the established norm of hours, the employer, taking into account the opinion of the elected trade union body or in agreement with it, may introduce for educators who carry out pedagogical work in groups of pupils school age, a working day with its division into parts with a break of two or more hours in a row, with appropriate compensation for such an inconvenient work schedule in the manner and amount provided for by the collective agreement. The break time between two parts of a shift is not included in working hours.

According to clause 3.16 of the Industry Agreement concluded between the Education Committee of the Roslavl District Administration Smolensk region and the Roslavl city organization of the Trade Union of Workers of Public Education and Science for 2011 - 2013, payment is made in the amount of 30% of the rate for the discontinuous nature of work, if the break between lessons is more than two hours in rural educational institutions and boarding schools at the expense of budgetary funds, in urban educational institutions through savings in the wage fund and extra-budgetary funds.

The court came to the conclusion that the plaintiffs’ work was discontinuous in nature, and therefore the arrears of wages for the discontinuous nature of the work were subject to recovery.

See: Appeal definition Smolensk Regional Court dated June 11, 2013 N 33-2514/2013.

3. For certain categories of workers, the division of the working day into parts is provided for by regulations.

For example, clause 9 of the Regulations on the peculiarities of working time and rest time for tram and trolleybus drivers, approved by Order of the Ministry of Transport of Russia dated October 18, 2005 N 127, establishes that drivers, with their consent, can have their working day (shift) divided into two parts. The division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the relevant elected trade union body. The break between two parts of the working day (shift) is established no later than four hours after the start of work. The duration of the break between parts of the working day (shift) when dividing the working day (shift) into parts in the daytime should be no more than two hours, excluding time for rest and food, at night - no more than six hours, excluding time for rest and food , and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by clause 8 of the said Regulations. A break between two parts of a shift is provided in a place equipped for drivers’ rest. The break time between two parts of the working day (shift) is not included in working hours.

According to clause 17 of the Regulations on the peculiarities of working hours and rest time for metro workers, approved by Order of the Ministry of Transport of Russia dated 06/08/2005 N 63, workers directly related to passenger service, as well as when performing work, the intensity of which is not the same during the working day (shift) ), the working day can be divided into parts. In this case, one break lasting more than two hours or two breaks lasting at least one hour each is established. These breaks include break time for rest and food. The total duration of working time per working day (shift) should not exceed the duration of daily work (shift) established for a specific category of employees by the internal labor regulations of the organization. Break time between parts of a shift is not included in working hours.

The procedure and place for providing these breaks are established by the internal labor regulations of the organization, the time of provision and the specific duration of these breaks are established by shift schedules.

Thus, the court indicated that, on the basis of the director’s order, the work of conductors from April 9, 2011 was organized according to the spring-summer schedule. All conductors, including the plaintiffs, are familiar with the order, which is confirmed by their signatures. In accordance with the spring-summer schedule, the trams on the plaintiffs’ work route on weekends are given two breaks lasting less than two hours during the shift.

Since the regulation on the remuneration of conductors provides for additional payment for work with the division of the working day into parts, if the break between them was at least two hours, the court’s conclusion about the legality of the actions of the employer who stopped paying the specified additional payment on those days when the break was less than two hours is justified, since the specified additional payment is of a compensatory nature. In those shifts when the plaintiffs’ breaks in work exceeded two hours, additional payments were made, which is confirmed by the pay slips available in the case materials.

Cm.: Definition Lipetsk Regional Court dated 02/01/2012 N 33-275/2012.

The court noted that clause 13 of the Regulations on the peculiarities of the working time and rest time of car drivers provides for the possibility of dividing the working day into parts with the consent of bus drivers working on regular city, suburban and intercity bus routes. The division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the representative body of employees. The break between the two parts of the working day is established no later than four hours after the start of work. The duration of the break between two parts of the working day should be no more than two hours, excluding time for rest and food, and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by clauses 7, 9, 10 and 11 of the said Regulations. The break between the two parts of the shift is provided at the location or place designated for the parking of buses and equipped for driver rest.

The fact of establishing a break on the Syktyvkar - Ukhta route between two parts of the working day after five hours and 15 minutes and determining the duration of such a break in the amount of five hours and 50 minutes are confirmed by the bus schedule and are not disputed by society. Consequently, a violation of clause 13 of the Regulations on the specifics of working hours and rest time for car drivers occurs. Based on the foregoing, the court of appeal considers the violation of legal requirements by LLC “S” and the guilt of the company in their violation to be proven. These actions of the defendant form an administrative offense under Part 3 of Art. 14.1 Code of Administrative Offenses of the Russian Federation.

Cm.: Resolution Second Arbitration Court of Appeal dated December 22, 2009 N A29-8715/2009.

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Question answer

Hello. I work at a school as a system administrator. 5 day working week. Working day 7 hours. The director wants to make a split working day: from 8 to 13 and from 16 to 18. Is this correct or not?

Svetlana Bubnova (Order a consultation)

Hello! The division of working hours does not contradict the law, but there are certain nuances.

According to Article 105 of the Labor Code of the Russian Federation:

In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work . Such division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.

That is, the division of the workers’ working day into parts must be caused by objective reasons and the presence of special working conditions.

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Labor legislation does not provide for such types of working hours as special or discontinuous.

In practice, discontinuous working hours mean dividing the working day into parts.

The working time regime, which provides for the division of the working day into parts, is, in essence, a special working regime, which is introduced in certain cases: in those jobs where it is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day. day (shift).

According to part one of Art. 100 of the Labor Code of the Russian Federation, the working time regime, in addition to the duration of the working week (five-day with two days off, six-day with one day off, work week with days off on a sliding schedule, part-time work week), includes the duration of daily work (shift), in including part-time working days (shifts), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days, which are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.

Labor legislation does not provide for this type of working time regime as a discontinuous one, nor does it distinguish a special regime as a separate type of working time regime. Accordingly, the legislation does not contain the concept and features of such working hours.

Rostrud, in connection with requests from employers and employees on issues related to the discontinuous working time regime (the discontinuous nature of work), has repeatedly in its letters identified this regime with the division of the working day into parts (see, for example, Question: The discontinuous nature of work (RH). What are these? Payment methods? (Rostrud information portal “Onlineinspektsiya.RF”, September 2015); Question: How is a broken working day paid (lunch - 3 hours)? (Rostrud information portal “Onlineinspektsiya.RF”, September 2015) ; Question: I work as a teacher of additional education in an orphanage. My work schedule is structured like this: I work from 10.00 to 13.00, then a break from 13.00 to 15.00, then I work from 15.00 to 16.00, then a break from 16.00 to 18.00 and again work from 18.00. until 20.00. Should I be paid for a break day and on the basis of what regulatory documents (Rostrud information portal “Onlineinspektsiya.RF”, September 2015); Question: What should be the minimum and maximum duration of rest (between parts of the working day) when established? flexible work schedule for drivers? (Information portal of Rostrud “Online inspection.RF”, September 2015)). Let us note that in practice, this type of working time regime, such as dividing the working day into parts, can also be called a “fragmented”, “divided”, “broken” working day *(1).

In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work . Such division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.

Commentary to Art. 105 Labor Code of the Russian Federation

1. The application of the working time regime in the form of a fragmented working day is based on the special nature of labor and its intensity (in urban passenger transport, in trade organizations, etc.).

2. The duration of individual parts of the working day (within the established norm of daily work) and breaks between them are determined by the employer, taking into account the opinion of the trade union.

See commentary to Art. 329 Labor Code of the Russian Federation.

Second commentary to Article 105 of the Labor Code

1. Dividing the working day into parts is possible in cases where the need for intensive work increases at certain hours and decreases at others. Thus, livestock breeders, drivers of urban passenger transport, employees of operating communications enterprises, public utilities, etc. the working day can be divided into parts, between which there is a break (one or more) in excess of 2 hours (including lunch). Such division is made by decision of the head of the enterprise in agreement with the elected body of the primary trade union organization and with the consent of the employee.

2. The total duration of daily work should not exceed the duration established by law and the shift schedule.

3. The division of the working day into parts is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization in local act enterprises (internal labor regulations, collective agreement, etc.).

4. For certain categories of workers (transport, communications, etc.), due to the special nature of their work, the working hours are determined in the manner established by the Government of the Russian Federation (see comments to Articles 328 - 330).

5. For bus drivers working on regular city, suburban and intercity bus routes, with their consent, the working day can be divided into two parts.

The break between the two parts of the working day is established no later than 4 hours after the start of work.

The duration of the break between two parts of the working day should be no more than two hours, excluding time for rest and food, and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by paragraphs. 7, 9, 10 and 11 of the Regulations approved by Order of the Ministry of Transport of the Russian Federation dated August 20, 2004 N 15.

The break between the two parts of the shift is provided at the location or place designated for the parking of buses and equipped with a sleeping area for drivers to rest.

The break time between two parts of a shift is not included in working hours.

6. The list of professions and positions of communication workers for which the employer can establish a divided working day is approved by Order of the Ministry of Communications of the Russian Federation of September 8, 2003 N 112.

In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work . Such division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.

Comments to Art. 105 Labor Code of the Russian Federation


1. The working day, if it is appropriate due to the special nature of the work, can, as follows from the commented article, be divided into parts so that the total duration of working time does not exceed the established duration of daily work. This procedure applies when there is a need for intensive work during certain periods of the working day. This mode is introduced, for example, in transport. The working day, as a rule, is divided into 2 parts with a break for rest and food lasting no more than 2 hours. The break is not paid, since it is not included in working hours.

2. The division of the working day into parts is carried out by the employer on the basis of a local regulatory act, which is adopted taking into account the opinion of the elected body of the primary trade union organization. This act defines: the circle of workers for whom a split working day is established, the duration of parts of a split working day, the period for which it is introduced, etc. In local regulations There may also be some benefits for employees who work this schedule.

3. List of professions and positions of communication workers for which the employer can establish a working day divided into parts, approved. Order of the Ministry of Communications of Russia dated September 8, 2003 N 112.