The theory of everything. Theory of everything Article 95 of the Labor Code of the Russian Federation non-working holidays

New edition Art. 95 of the Labor Code of the Russian Federation

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

In continuously operating organizations and on certain types work where it is impossible to reduce the duration of work (shift) on the day before the holiday, overtime is compensated by providing the employee with additional rest time or, with the employee's consent, by paying according to the norms established for overtime work.

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

The duration of a working day (shift) immediately preceding a non-working holiday shall be reduced by one hour (Article 95 Labor Code RF).

Unworked holidays in Russian Federation are:

Existing professional holidays such as Day medical worker, Trade Worker Day, etc., do not apply to non-working holidays, and the rules of Article 95 of the Labor Code of the Russian Federation are not applicable in these cases.

On the eve of holidays and weekends, the length of the working day (shift) is reduced by one hour, both with a 5-day and 6-day working week.

Moreover, such a reduction is made not only for workers with normal working hours, but also for workers with reduced working hours.

Due to the fact that the duration of work with a 40-hour working week is subject to reduction by one hour, on the eve of holidays (non-working) days, the pre-weekend day is not reduced if the holiday is preceded by one or two days off.

For example, if a holiday falls on Sunday, and the organization has a 5-day working week, then the working day on Friday is not shortened, since in this case the holiday is preceded by a day off - Saturday.

In cases where, in accordance with the decision of the Government of the Russian Federation, the day off is postponed to a working day, the duration of work on that day (former day off) must correspond to the length of the working day to which the day off is postponed (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 4 ).

With a 5-day work week, the weekly time rate is distributed over the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration of the work shift on the eve of weekends, as it is provided for a 6-day work week.

In the event that in continuously operating organizations and for certain types of work it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime must be compensated by providing the employee with additional rest time or, with the employee's consent, by paying overtime.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for payment of overtime work.

Another commentary on Art. 95 of the Labor Code of the Russian Federation

1. Non-working holidays defined by Art. 112 of the Labor Code of the Russian Federation.

2. According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour both for workers with normal working hours and for those who work on reduced working hours, regardless of the reason for its reduction.

3. If a non-working holiday follows the day off, then the working day preceding this day off shall not be shortened.

4. If a week falls on a pre-holiday day, the working hours for that week are adjusted accordingly. This rule applies to both five-day and six-day workweeks.

5. The main form of compensation for overworking on the pre-holiday day in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift), is to provide the employee with additional rest time. Replacing it with payment according to the norms established for overtime work is allowed only with the consent of the employee.

6. Having established in Part 2 of Art. 95 of the Labor Code of the Russian Federation, the conditions for compensation for overwork caused by the impossibility in continuously operating organizations and on certain types of work to reduce the duration of work (shift) on the pre-holiday day, the law does not determine how long compensation should be provided in the form of additional rest time. As a rule, compensation for such overwork should be provided for in the shift schedule. If in the organization this issue is not regulated by the shift schedule or collective agreement, then additional rest time is provided by agreement of the parties.

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

In continuously operating organizations and on certain types of work, where it is impossible to reduce the duration of work (shift) on the pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee's consent, by paying according to the norms established for overtime work.

On the eve of weekends, the duration of work with a six-day working week cannot exceed five hours.

Comments to Art. 95 of the Labor Code of the Russian Federation

1. On the eve of non-working holidays established by law, the working time is reduced by 1 hour. This rule applies to all employees - subjects labor relations... The working day is reduced by 1 hour for employees who have a 40-hour working week, as well as for employees who have a shorter working week. Therefore, for workers who have a shorter working week, such as a 36- or 24-hour work week, the work hours before public holidays are also reduced.

2. The duration of the pre-holiday working day or work shift is not reduced only in cases where the non-working holiday is preceded by 1 or 2 days off according to the calendar or schedule, since in this case the working day (shift) does not immediately precede the non-working holiday, as is indicated in the commented article.

As practice shows, collective agreements indicate a list of industries on which, according to the conditions and nature of work in the organization, the duration of work (shift) in pre-holiday days.

3. In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on that day (former day off) must correspond to the length of the working day to which the day off is transferred.

4. If it is impossible to reduce the duration of the working day on the eve of holidays and weekends, employees should be provided for processing on these days extra days recreation.

5. The list of industries in which a shortened working day cannot be established on the pre-weekend and pre-holiday days is approved by the employer in agreement with the elected trade union body and is indicated in collective agreements.

IN government agencies such lists are established by the ministries in agreement with the relevant trade union bodies.

6. On individual seasonal work, where the provision of additional days of rest as the hours of processing on the pre-weekend and pre-holiday days are not possible during the season, it is allowed, as an exception, to add up such additional days for the entire season and provide them in the off-season.

7. The law determines the maximum duration of working hours on the eve of days off only in relation to a 6-day working week. With such a working week, on the eve of weekends, the duration of work should not exceed 5 hours.

Commentary by K. Ya. Ananieva

The guarantees established by the current labor legislation that ensure the limitation of working hours (see Articles 91 - 94 of the Labor Code) also include the rules provided for in the commented article, which relate to the reduction of working hours on pre-holiday, pre-weekend days.

A one-hour reduction in the duration of work (working day or shift) on the eve of holidays (listed in Article 112 of the Labor Code) applies only to employees for whom a 40-hour working week is established.

For employees for whom a reduced working time is established, for example, a 24-hour working week (see Art. 92 of the Labor Code), the working day or shift immediately preceding a non-working holiday is not reduced for either a five-day or six-day working week. An exception is established for employees under 18 years of age, for disabled persons of I and II groups.

In accordance with Part 1 of the commented article, with a 40-hour working week, the duration of work of employees on the eve of a non-working holiday is reduced by one hour and therefore is 6 hours for a six-day working week and 7 hours for a five-day working week.

In cases where, in accordance with the decision of the Government of the Russian Federation, the day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the length of the working day to which the day off is transferred (see Resolution of the Ministry of Labor of the Russian Federation of February 25, 1994 No. ).

With a six-day working week, the duration of work on the eve of the weekend (see the commentary to Art. 11 TK) is reduced and cannot exceed 5 hours.

These standards apply to people who have a normal working time of 40 hours per week.

In accordance with part 3 of this article, if it is impossible to reduce work on the eve of holidays and weekends in continuously operating organizations and for certain types of work, employees should be provided for processing on these days additional days of rest or payment according to the norms established for overtime work in accordance with Art. 152 of the Labor Code (but for the latter option, it is imperative to obtain the consent of the employee himself).

The Labor Code establishes a rule that, except in exceptional cases of attracting workers to work, work on weekends and non-working holidays is prohibited (see the commentary to Article 113 of the Labor Code). According to the provisions of Art. 268 of the Labor Code for employees under 18 years of age, an additional guarantee is legally established to prohibit their employment on weekends and non-working holidays. A similar guarantee is established for pregnant women by Article 259 of the Labor Code. Additional restrictions on work on weekends and holidays are established in Art. 259 TC and for women with children under the age of three; employees with disabled children or disabled children from childhood until they reach the age of 18; workers caring for sick members of their families in accordance with a medical report.

In accordance with Article 153 of the Labor Code, work on a weekend and a non-working holiday is paid at least (which means that by agreement of the parties or by a local act it can be increased) than in double the amount. In addition, at the request of an employee who worked on a weekend or a non-working holiday, he may be given another day of rest.In this case, work on a non-working holiday is paid in a single amount, and the day of rest is not payable.

Commentary by K. N. Gusov

§ 1. A reduction in the duration of work on the eve of holidays is not provided for persons working on a reduced working time basis.

§ 2. If the holiday is preceded by a day off, then the reduction in the Duration of work provided for in Art. 95 of the Labor Code of the Russian Federation, not produced.

§ 3. If it is impossible to reduce the duration of the working day (shift) on the pre-holiday day, employees (at their choice) are provided with an additional day of rest or pay in the amount provided for overtime work.

§ 4. The duration of work on the eve of a day off in a six-day working week cannot be more than 5 hours.

Commentary by S. A. Panin

1. The duration of the working day (work shift) on the eve of the non-working holidays listed in Art. 112 of the Code, decreases by one hour.

According to the former Labor Code of the Russian Federation, the reduction in the duration of work on the eve of non-working holidays had nothing to do with employees, who, in accordance with the legislation, established a reduced duration of working hours. After the adoption of the new Code, the rule on reducing by one hour the duration of the working day (shift) immediately preceding a non-working holiday applies to all employees.

2. If in continuously operating organizations or in certain types of work, a decrease in the duration of work (shift) on a pre-holiday day is not possible, then for overworking on these days the employee is given additional rest time or, with the consent of the employee, overwork is compensated by payment according to the norms established by Art. ... Code 152 for overtime work.

3. In cases where a non-working holiday is preceded by a day off according to the work schedule or according to the calendar, then the decrease in the duration of the last working day (last work shift) before the holiday is not made.

4. With a 6-day working week, the duration of work on the eve of weekends cannot exceed 5 hours (and not 6 hours, as it was before the adoption of the new Code).

The full text of Art. 95 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 95 of the Labor Code of the Russian Federation.

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

On the eve of weekends, the duration of work with a six-day working week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

As a general rule and in accordance with the provisions of the commented article, on the eve of public holidays, the length of the working day or shift is reduced by one hour.

Days of the week during a calendar year, which are recognized as non-working holidays in the Russian Federation, are listed in. Other days cannot be considered non-working holidays in Russia.

Thus, if the length of the working day or shift for an employee is 8 hours or 4 hours (for example, for employees under 16 years of age), then the length of the working day on the eve of a non-working holiday should be no more than 7 and 3 hours, respectively.

The employer does not have the right to establish any restrictions for employees on the provision of a shortened working day preceding a non-working day off.

It should be borne in mind that if a non-working holiday falls on Sunday, which is a general day off, then for employees with a five-day working week, the working day on Friday cannot be reduced by one hour, because this day is not a pre-holiday day. For workers working on a six-day work week, the working hours on Saturday should be reduced by one hour, as on the pre-holiday day.

The provisions of the commented article establish that the duration of a working day or shift on the eve of a weekend with a six-day working week should not exceed five hours. If the day off is Sunday, then the duration of work on Saturday should be no more than 5 hours.

Since, as a general rule, when working in the mode of a six-day working week, the length of the working day on the eve of the weekend is reduced to five hours, then in the case when a public holiday falls on Sunday in accordance with the provisions of the Labor Code of the Russian Federation, the duration of the working shift on Saturday should not exceed four hours.

Exceptions to the general rule are organizations and certain types of work, where it is impossible to reduce the duration of work or shift on pre-holiday days. In such cases, all employees should be provided with appropriate compensation. The law allows compensation to be provided in one of two ways - by paying according to the rates established for overtime work, or by providing the employee with additional rest time.

It should be borne in mind that the provision of compensation for the specified work time through payment is possible only with the consent of the employee. At the same time, the legislator has not regulated the issue of obtaining the appropriate consent. As a rule, in practice, such consent is concluded orally between the employee and the employer.

Another comment on Art. 95 of the Labor Code of the Russian Federation

1. Non-working holidays are determined by Art. 112 TC.

2. According to part 1 of the commented article, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour both for workers with normal working hours and for those who work on reduced working hours, regardless of the reason for it. reduction.

If a non-working holiday follows a day off, then the working day preceding this day off cannot be shortened. If the week falls on a pre-holiday day, the working hours for that week are adjusted accordingly. This rule applies to both five-day and six-day workweeks.

3. The main form of compensation for overworking on the pre-holiday day in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift), is to provide the employee with additional rest time. Compensation for such overwork should be included in the shift schedule. If in the organization this issue is not regulated by the shift schedule or collective agreement, then additional rest time is provided by agreement of the parties. Replacement of overtime with payment according to the norms established for overtime work is allowed only with the consent of the employee.

There are no new revisions of the article that have not entered into force.

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

On the eve of weekends, the duration of work with a six-day working week cannot exceed five hours.

Amendments to Art. 95 of the Labor Code of the Russian Federation

References to Art. 95 of the Labor Code of the Russian Federation in legal advice

shortened working week
20.08.2018 Good afternoon, Mikhail. And on Friday you do not have a reduced working day by one hour according to the norms Article 95 of the Labor Code of the Russian Federation? if so, your employee will have a day off on Friday, given that we are talking about 7 working hours. Issue an order for the enterprise referring to Article 173 of the Labor Code
Unpaid leave
04.05.2018 and you demand a formal justification. You have a justification by the Decree of the Government of the Russian Federation No. 1250. As for the reduction of the working day on the pre-holiday day in Article 95 of the Labor Code of the Russian Federation it is said: The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour. Moreover, the order
Duration of weekly continuous rest (Article 110 of the Labor Code of the Russian Federation)
14.01.2018 your consent as an employee, and a specific indication of the change. That is, the same detailing of the working day not only on Saturday, but also on the rest of the week. By the way, in Article 95 of the Labor Code of the Russian Federation it is said: On the eve of weekends, the duration of work with a six-day working week cannot exceed five hours. And article 91 of the Labor Code of the Russian Federation says: Normal

07.11.2016 Hello Lyudmila. The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour ( Article 95 of the Labor Code of the Russian Federation). There are no exceptions to this rule, it applies to all employees, including part-time workers, working at 0.5 rate. Previously, the norm was in force

Overtime work and pay
04.05.2016 continuous weekly rest on the basis of article 110 of the Labor Code of the Russian Federation must be at least 42 hours. And work on Saturday with six days should be no more than 5 hours based on Article 95 of the Labor Code of the Russian Federation: On the eve of weekends, the duration of work in a six-day work week cannot exceed five hours. And one moment. Perhaps you were transferred

08.02.2016 Good afternoon, Tamara. Considering that Buryatia is a constituent entity of the Russian Federation, the Labor Code of the Russian Federation applies to the republic in full, including the norms Article 95 of the Labor Code of the Russian Federation, according to which the day before the holiday is reduced by 1 hour without reducing wages. If you have more questions, please contact.

23.11.2015 own initiative. but only by warning the employee two months in advance and providing compelling reasons for such innovations, as stated in Article 74 of the Labor Code of the Russian Federation. And one moment. IN Article 95 of the Labor Code of the Russian Federation

13.10.2015 Good morning, Tatyana. Comments are advisory in nature and do not have the same force as the Labor Code of the Russian Federation or other regulations. IN Article 95 of the Labor Code of the Russian Federation it is said: The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour. If you have a labor

short friday for lunch
26.08.2015 Good afternoon, Andrey Mikhailovich. IN Article 95 of the Labor Code of the Russian Federation it is said: The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour. In continuously operating
reduction of the pre-holiday working day
11.06.2015 Good afternoon, Alexey. The answer to your question is contained in Art. 95 of the Labor Code of the Russian Federation: The duration of a working day or shift immediately preceding a non-working holiday is reduced by one hour. In continuously operating
working hours on the pre-holiday day
16.04.2015 hours, if you decrease it by 2 hours, who will work at this time? Is it possible to say that during your work it is impossible to suspend the work process precisely during the shift? IN Article 95 of the Labor Code of the Russian Federation it is said: In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the pre-holiday day
Work on the pre-holiday day
24.12.2014 immediately preceding a non-working holiday is reduced by one hour. When considering such an issue, the Decision of the Supreme Court of the Russian Federation says: Part 1 Article 95 of the Labor Code of the Russian Federation sets general rule on reducing the duration of the working day or shift immediately preceding the non-working holiday
weekends with a six-day work week
23.12.2014 working week employees are given two days off per week, with a six-day working week - one day off. That is, work is allowed on Saturday. And in Article 95 of the Labor Code of the Russian Federation it is said: On the eve of weekends, the duration of work with a six-day working week cannot exceed five hours. That is, on Saturday, the employee must
working hours per week
17.07.2014 on Friday the employee works for 7 hours, and on Saturday -5 hours. Article 91 of the Labor Code of the Russian Federation says: normal duration working hours per week cannot exceed 40 hours. And in Article 95 of the Labor Code of the Russian Federation it is said: On the eve of weekends, the duration of work with a six-day working week cannot exceed five hours. However, when calculating the working time

15.05.2014 Good morning, Irina Ivanovna. In accordance with Article 91 of the Labor Code of the Russian Federation, the normal working week is 40 hours. IN Article 95 of the Labor Code of the Russian Federation it is indicated that with a six-day work week, work on Saturday should not exceed 5 hours. Thus, by simple calculations, we obtain the following result
on granting leave
24.04.2014 Good evening, Galina. You need to refer to Article 95 of the Labor Code of the Russian Federation: By agreement between the employee and the employer, it can be established both when hiring and subsequently part-time (shift) or part-time