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Labor Code of the Russian Federation Article 92 as amended. Labor Code of the Russian Federation

1. Article 92 of the Labor Code of the Russian Federation, along with fixing reduced working hours for certain categories of workers, establishes rules for determining reduced working hours for students and workers employed in jobs with harmful and (or) dangerous working conditions.

2. The law determines the length of students’ working hours taking into account two circumstances: age and working conditions (whether they work during the holidays or during the school year). If students work during the holidays, then they are subject to the general norm and duration of working hours, taking into account age - no more than 24 or 35 hours per week; during the academic year, the duration of their working time cannot exceed half of the standard working time established for persons of the corresponding age, i.e. for students under 16 years old - no more than 12 hours per week, and from 16 to 18 years old - 17.5 hours per week. At the request of students, they may be provided with work on a part-time basis (Article 93 of the Labor Code), on a flexible schedule (Article 102 of the Labor Code), as well as at home with possible breaks on busy school days.

The work of workers under 18 years of age is paid taking into account the reduced duration of work. The employer may, at his own expense, make additional payments to them up to the level of earnings of the relevant categories of employees for the full duration of work, both time-based and piece-rate (see Article 271 and commentary thereto).

3. For disabled people of groups I and II according to Art. 23 of the Law on the Protection of Persons with Disabilities establishes a reduced working time - no more than 35 hours per week while maintaining full pay. However, if a disabled person works, for example, 30 hours, then he receives wages in proportion to the time worked, i.e. as for part-time work.

4. Reduced working hours for persons employed in jobs with harmful and (or) dangerous working conditions are established at no more than 36 hours per week.

Decree of the Government of the Russian Federation of November 20, 2008 N 870 (SZ RF. 2008. N 48. Art. 5618) instructed the Ministry of Health and Social Development of Russia to establish, depending on the class of working conditions and taking into account the opinion of the Russian Federation, within 6 months after the entry into force of this Resolution tripartite commission for the regulation of social and labor relations for workers 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, the minimum amount of wage increases, as well as conditions providing the specified compensation.

Until the enactment of the act of the Ministry of Health and Social Development of Russia, which resolves these issues, the current procedure for establishing reduced working hours for employees employed in unfavorable working conditions will remain.

Shortened working hours for the majority of those employed in jobs with hazardous working conditions are currently established in accordance with the List of industries, workshops, professions, positions with hazardous working conditions, work in which entitles them to additional leave and a shortened working day. The list was 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 of October 25, 1974, with subsequent amendments and additions, and was released in a separate publication (M.: Ekonomika, 1977). The procedure for applying the List is set out in the Instructions, approved. State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions November 21, 1975

When applying the said Instruction, it is necessary to keep in mind that by the decision of the Supreme Court of the Russian Federation of April 15, 2004 N GKPI2004-481 (Bulletin of the Ministry of Labor of Russia. 2004. N 11) a number of provisions of the Instruction from the moment the Labor Code came into force (from February 1, 2002 .) are declared invalid.

It is also necessary to take into account that the List provides for the duration of the working day (and not the week) for each profession, position, type of work and production. The right to a shortened working day is available to employees whose professions and positions are provided for in production and workshops in the relevant sections of the List, regardless of what industry these productions and workshops are located in.

Workers whose professions and positions are included in section XLIII of the List "General professions of all sectors of the national economy" are provided with a shortened working day regardless of what production and workshops they work in, unless these professions and positions are specifically provided for in other sections or subsections of the List (clause 6 of the Instructions).

In cases where sections or subsections of the List provide for certain types of work (for example, forging, painting, welding), a reduced working day should be provided to employees engaged in these jobs in the professions and positions provided for in the List, regardless of what industry industry, in which production or workshop these works are performed (clause 5 of the Instructions).

Foreman, assistants and assistant workers, whose professions are included in the List, have a shortened working day of the same duration as workers in the corresponding professions (clause 7 of the Instructions).

Working hours are reduced on those days when workers are actually employed in hazardous working conditions for at least half the duration established by the List for a given production, workshop, profession or position. However, if the List indicates “permanently employed”, “permanently working”, the working day is reduced if the employee is actually employed in hazardous conditions during the entire shortened working day (clause 12 of the Instructions).

For workers whose professions and positions are not included in the List, but who in certain periods perform work in production, workshops, professions and positions with harmful working conditions that are provided for in the List, the shortened working day during these periods should be set to the same duration as and employees permanently engaged in this work (clause 20 of the Instructions).

Employees of third-party organizations (construction, construction and installation, commissioning, etc.), auxiliary and auxiliary workshops of the organization (repair, energy, mechanical, instrumentation and automation, etc.) have the right to a shortened working day of the duration specified in the List on a general basis. ) on the days of their work in existing production facilities, workshops and areas with hazardous working conditions, where a shortened working day is established for both the main and repair and maintenance personnel (clause 22 of the Instructions).

The right to a shortened working day due to hazardous working conditions is also reserved for persons employed in such jobs and combining professions (regardless of whether this benefit is established for combined professions) if they perform their main job in full.

The list is mandatory for organizations that have the production facilities, workshops, types of work, professions and positions indicated in it, and is applied taking into account the actual working conditions determined during the certification of workplaces (for the certification of workplaces according to working conditions, see the commentary to Art. 212).

Typically, in an organization, the list of professions and positions, types of production and work with hazardous working conditions, as well as the length of the working day (in accordance with the List) of the workers employed in them are indicated in the collective agreement or established by order of the manager, prepared taking into account the opinion of the trade union body of this organization on based on the results of workplace certification. If during the certification of workplaces it is determined that the exposure of workers to harmful and (or) hazardous production factors has been eliminated, a reduced working day will not be established. Along with this, organizations have the right, at their own expense, to expand the circle of workers who have a reduced working day (compared to the List), taking into account the actual working conditions at a particular workplace, as well as to reduce the working hours established by the List (without reducing wages ). Reduced working hours for workers of certain professions due to unfavorable working conditions may also be provided for by general, regional industry (inter-industry) and other agreements.

5. For certain categories of workers engaged in work with harmful, dangerous or difficult working conditions, reduced working hours are established (in addition to the List) on the basis of special standards. Thus, the Decree of the Government of the Russian Federation of April 3, 1996 N 391 “On the procedure for providing benefits to employees exposed to the risk of contracting the human immunodeficiency virus in the performance of their official duties” (SZ RF. 1996. N 15. Art. 1629) established a 36-hour working week for employees of health care organizations diagnosing and treating HIV-infected people, as well as employees of organizations whose work is related to materials containing the human immunodeficiency virus.

Citizens recruited for service in customs authorities in accordance with the Law on Service in Customs Authorities and performing official duties in hazardous conditions, reduced working hours are established by Decree of the Government of the Russian Federation of February 15, 1998 N 189 “On providing customs employees with benefits for the performance of official duties” duties in harmful conditions" (SZ RF. 1998. N 8. Art. 951). For example, heads and deputy heads of departments, groups, chief, leading, senior inspectors, inspectors directly working on inspection X-ray equipment are assigned a 30-hour work week.

Crew members of civil aviation aircraft (pilots, navigators, flight engineers, flight mechanics, flight radio operators, flight operators) for work with harmful, dangerous, stressful and difficult working conditions of a special nature are prescribed a 36-hour working week when performing flight work (Resolution of the Ministry of Labor of Russia dated July 12, 1999 N 22 // Bulletin of the Ministry of Labor of Russia 1999. N 8).

Reduced working hours are established for workers involved in work with chemical weapons, who, in accordance with the degree of their danger, are divided into two groups.

The first group includes: research and development work that uses toxic chemicals related to chemical weapons; work on the disarming and detoxification of chemical munitions, containers and devices, detoxification of toxic chemicals in production areas of experimental, pilot and industrial facilities for the destruction of chemical weapons and other work.

The second group covers: chemical weapons maintenance work not related to the sampling of toxic chemicals related to chemical weapons; transportation of chemical weapons to places of their destruction; work to ensure the safety of storage and maintenance of technological equipment used for the production of chemical weapons, etc.

Those employed in jobs classified in the first group are assigned a 24-hour work week, while those in the second group are assigned a 36-hour work week (see Art. 1, 5 of the Law on Social Protection of Citizens Employed in Work with Chemical Weapons).

The list of toxic chemicals related to chemical weapons was approved by Decree of the Government of the Russian Federation of April 5, 2001 N 484-r (SZ RF. 2001. N 16. Art. 1628).

List of positions (professions) of employees of healthcare institutions engaged in work with chemical weapons (CW), provided for in part two (first group of work) and part three (second group of work) of Art. 1 of the Federal Law "On the social protection of citizens engaged in work with chemical weapons", approved by Order of the Ministry of Health of Russia of December 19, 2002 N 386/714, agreed with the Ministry of Labor of Russia (BNA RF. 2003. N 9).

The note to the List states: on the basis of the List, the head of the organization (institution, enterprise) approves a specific list of positions (professions) of employees of healthcare institutions engaged in work with chemical weapons (CW), provided for in part two (the first group of work) and part three (the second group of works) art. 1 of the Federal Law "On the social protection of citizens engaged in work with chemical weapons."

Shortened working hours are established for medical, veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as for employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis (Clause 1 of Article 15 of the Law on Preventing the Spread of Tuberculosis) .

The procedure for providing this guarantee for employees of federal healthcare institutions is determined by the Government of the Russian Federation, and for employees of healthcare institutions of the constituent entities of the Russian Federation - by the executive authorities of the constituent entities of the Russian Federation.

To date, the Government of the Russian Federation has not resolved this issue with regard to employees of federal healthcare institutions. In this regard, you can be guided by the List of positions of medical, veterinary and other workers directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, the occupation of which is associated with the danger of infection with Mycobacterium tuberculosis, giving the right for additional paid leave, a 30-hour work week and additional wages in connection with harmful working conditions, approved. By order of the Ministry of Health of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, the Ministry of Education of Russia, the Ministry of Agriculture of Russia, the Federal Border Guard Service of Russia dated May 30, 2003 N 225/194/363/126/2330/777/292 (BNA RF. 2003. N 37) in accordance with the Decree of the Government of the Russian Federation of December 25, 2001 N 892 “On the implementation of the Federal Law “On preventing the spread of tuberculosis in the Russian Federation” (SZ RF. 2001. N 53 (part II). Art. 5185).

As for the establishment of reduced working hours and other guarantees in connection with work in hazardous conditions for employees of healthcare institutions providing specialized anti-tuberculosis care and operating in the territories of the constituent entities of the Russian Federation, then, as indicated above, this issue is resolved by the executive authorities of the constituent entities of the Russian Federation (see. , for example, Resolution of the Government of the Ryazan Region of August 4, 2005 N 172 “On the procedure and conditions for providing guarantees and benefits to the personnel of medical, veterinary and other government institutions of the Ryazan Region” // Ryazan Gazette, 2005. August 11).

6. For some categories of workers, reduced working hours are established taking into account the territorial and natural and climatic conditions of work and residence. Thus, by Decree of the Supreme Council of the RSFSR of November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas” (VVS RSFSR. 1990. N 24. Art. 287) with On January 1, 1991, a reduced working time was established for women working in rural areas - no more than 36 hours per week, unless a shorter working week is provided for them by other legislative acts.

At the same time, reduced working hours are established not only for women who work in agricultural production, but also for those who work in the workshops (sites) of industrial enterprises located in rural areas, in construction organizations, military units (civil personnel), in oil and gas fields, as well as in all other organizations and their structural divisions located in rural areas.

When deciding whether a territory belongs to a rural area, one should proceed from the administrative-territorial boundaries.

The procedure for maintaining full wages for women with a reduced working week is provided for by the Resolution of the Presidium of the Supreme Council of the RSFSR of January 25, 1991 “On the procedure for applying the Resolution of the Supreme Council of the RSFSR of November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women , family, protection of motherhood and childhood in the countryside" (VVS RSFSR. 1991. N 6. Art. 89).

In accordance with collective and labor agreements, a 36-hour working week is also established for women working in the Far North and equivalent areas, unless a shorter working week is provided for them by federal laws (Article 320 of the Labor Code).

7. On reduced working hours for teaching staff and medical workers, see respectively Art. 333 and art. 350 and comment. to them, as well as other federal laws.


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ST 92 Labor Code of the Russian Federation:

The shortened duration is set:

  • 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, 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 working hours of a particular employee are established on the basis of an industry (inter-industry) agreement and 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 an additional 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 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).

Commentary on Article 92 of the Labor Code of the Russian Federation:

The commented article does not provide a definition of shortened working hours. At the same time, this article establishes reduced working hours for certain categories of workers for whom it is the full standard working time.

Thus, for workers under the age of 16 years, a reduced working time is established - no more than 24 hours per week; for workers aged 16 to 18 years - no more than 35 hours per week; for employees who are disabled people of groups I and II - also no more than 35 hours per week. In accordance with the given working hours Art. 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 of work activity (increased intellectual activity and emotional stress) and is the maximum duration allowed for these categories of workers working hours per week, 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 Art. 423 of the Labor Code applies, 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 N 298/P-22, 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. 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. Thus, a reduced working week has been determined for teaching and medical workers: no more than 36 hours for teaching workers (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, Art. 95 of the Labor Code provides 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.

Art. 92 The Labor Code of the Russian Federation defines cases when an employer must set a working day for an employee of shorter duration than prescribed for all other employees. At the same time, depending on the category to which a specialist belongs, it is possible to determine for him a different rate of daily hours worked. What categories these are, as well as what is important for the employer not to forget in this case, will be discussed in our article.

Article 92 of the Labor Code of the Russian Federation with comments of 2017

Art. 92 of the Labor Code of the Russian Federation establishes which of the working specialists must necessarily work fewer hours than required by the general norms of the Labor Code of the Russian Federation. For example, if the standard working hours per week is 40 hours, then the employees listed in Art. 92 of the Labor Code of the Russian Federation, the employer must set the working day so that in total they have less than 40 working hours per week.

These employees include:

  • minor workers;
  • disabled people of groups 1 and 2 working at the enterprise;
  • specialists working in harmful and dangerous conditions;
  • some other employees (in this context, industry agreements have significant weight, which, along with Article 92 of the Labor Code of the Russian Federation, may also prescribe a reduced work schedule).

The specific limit on the length of a working day is different for each of the categories listed above, but the general rule applies to all: the norm for an individual specialist must be fixed in an employment contract or an internal document of the employer.

NOTE! If a specialist’s workplace requires a systematic assessment of working conditions, the results of such an assessment should also be taken into account when determining standard working hours.

What is the length of the working day according to the Labor Code of the Russian Federation for minor workers?

For minor specialists, the legislator has established several limits on the length of the working day, depending on their specific age. So, by virtue of Art. 92 Labor Code of the Russian Federation:

  • if the employee is not older than 16 years, instead of 40 hours a week, he should work no more than 24, i.e. almost half as much;
  • if the specialist’s age exceeds 16 years, but he has not yet reached the age of majority, the employer will have to set a weekly schedule for him so that the total number of hours worked per week does not exceed 36.

In addition, it is important to understand that if a minor worker is employed in production with a shift work schedule, then by virtue of Art. 94 of the Labor Code of the Russian Federation, the maximum duration of such a shift for him is also limited:

  • no more than 5 hours (up to 16 years);
  • no more than 7 hours (from 16 to 18 years old).

In addition, the Labor Code of the Russian Federation contains an additional guarantee for minor workers who, in parallel with work, receive education. They can work no more than half of the above standards, i.e. no more:

  • 12 hours (if the employee is under 16 years old);
  • 17.5 hours (if he is over 16 but under 18 years old).

The above also applies to the shift schedule: the duration of a shift for a student underage worker cannot exceed 2.5 and 4 hours, respectively.

For information about what other concessions are provided for minor specialists, see the article .

What is important to know about the working hours of employees working in hazardous/harmful work?

Art. 92 of the Labor Code of the Russian Federation prescribes that for employees employed in hazardous industries (3rd and 4th degree of harm) or in hazardous conditions, a work schedule should be established so that they work no more than 36 hours per week.

For more information about hazardous conditions, see the article .

For hazardous conditions, see article .

If a specialist works under the described conditions, his reduced work schedule can be fixed in an employment or collective agreement. At the same time, it is imperative to comply with the requirements of industry agreements, as well as take into account the results of assessing the working conditions of specialists at their workplaces.

NOTE! Currently, the List of industries, workshops, professions and positions with hazardous working conditions continues to operate, work in which gives the right to additional leave and a reduced working day, approved by Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22. This document contains specific professions, positions, etc., each of which has its own working hours.

The question arises: what to do if the List, for example, requires no more than 30 working hours per week, while under Art. 92 of the Labor Code of the Russian Federation, the working maximum is 36 hours?

The RF Supreme Court clarified that in this case it is necessary to be guided by the restrictions prescribed in the List (decision of the RF Supreme Court dated January 14, 2013 No. AKPI12-1570).

Along with the above Art. 92 of the Labor Code of the Russian Federation allows, under certain circumstances, to increase the norms for the length of the working day for specialists employed in harmful and dangerous conditions. But only if the corresponding opportunity is spelled out in the industry agreement and collective agreement.

IMPORTANT! At the same time, the daily production rate can be increased to no more than 40 hours per week.

To do this, the employer must obtain the written consent of a specialist, on the basis of which an additional agreement must be concluded. agreement to the employment contract. In addition, the employee must remember that if he agrees, the employer will have to additionally pay him for such an extended working day in the amount established by the industry agreement / collective agreement.

What features should an employer take into account when setting a reduced working day for a disabled employee?

If there is an employee in the workforce who has a disability of the 1st or 2nd group, the employer must establish a work schedule for him, according to which he will work no more than 35 hours a week.

The specific duration of the working day (or shift) must be determined in the medical report. This document is:

  • individual rehabilitation program - IPR (if disability was received before 01/01/2016);
  • individual rehabilitation or habilitation program - IPRA (if the disability arose after 01/01/2016).

In addition, it is important for the employer not to forget that if an employee on the payroll has received a disability, it is necessary to conclude a separate additional agreement. agreement to the employment contract with him on the establishment of a shortened working day. If a disabled specialist is just being hired, the provision for a reduced schedule can be immediately included directly in the employment contract.

NOTE! If it turns out that the employee, based on the results of the next examination, is no longer considered disabled, an additional conclusion should be made. an agreement to the employment contract with him, in which it is indicated that a standard work schedule will be established for him.

For which categories of specialists is a reduced working day established by industry agreements?

In Art. 92 of the Labor Code of the Russian Federation states that, in addition to the specialists listed above, a shortened working day can be established for other workers in accordance with industry agreements. Namely:

  • Doctors can work no more than 39 hours a week by virtue of Art. 350 of the Labor Code of the Russian Federation, however, for some of them a shorter working week may be established, for example, for specialists in the field of:
    • psychiatry - no more than 36 hours;
    • anti-tuberculosis - no more than 30 hours;
  • teachers are allowed a working week of no longer than 36 hours (Article 333 of the Labor Code of the Russian Federation);
  • specialists whose work is related to chemical weapons cannot work more than 24 or 36 hours a week, depending on the specific position (Article 5 of the Law “On Social Protection of Citizens Working with Chemical Weapons” dated November 7, 2000 No. 136-FZ) ;
  • for women working in the Far North, the working week should be a maximum of 36 hours (Article 320 of the Labor Code of the Russian Federation).

Thus, before determining the length of the working day for a particular specialist, the employer should take into account not only the requirements of Art. 92 of the Labor Code of the Russian Federation, but also the provisions of industry agreements.

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.

3 comments

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.

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 an employer to comply with labor laws?

Lawyer's response:

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 eliminates the excess of working hours for a certain accounting period over the normal number of working hours. In this case, the total duration of the accounting period cannot be more than 1 year. Work activities within the boundaries of a properly organized shift schedule do 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 an employer to comply with labor laws by filing a complaint with the labor inspectorate 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 response:

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 in accordance with internal 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 response:

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 response:

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 defined for overtime work.