Full text of Art. 105 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 105 of the Labor Code of the Russian Federation.
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 (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 a 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 a splitting of the working day is due to certain circumstances. This is mainly due to the special nature of work in an organization or in 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) in the daytime and at night.
For example, clause 15 of the Regulations on the peculiarities of the regime 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;
- the time of special breaks for rest from driving on the way and at the final points;
- preparatory and final time to perform work before leaving the line and after returning from the line to the organization, and for long-distance transportation - to perform work at the turnaround point or on the way (at the parking lot) before the start and after the end of the shift;
- time spending medical examination the driver 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 medical examination and back;
- parking time at points of loading and unloading of goods, at places of embarkation and disembarkation of passengers, at places where special vehicles are used;
- downtime through no fault of the driver;
- the time of work to eliminate the operational malfunctions of the serviced vehicle that occurred during work on the line, which do not require disassembly of the mechanisms, as well as the performance of adjustment work in the field in the absence of technical assistance;
- the time of protection of the cargo and the car during parking at the final and intermediate points in the implementation of long-distance transportation if such obligations are provided for by the employment contract (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 flight;
- time in other cases stipulated by the legislation of the Russian Federation.
Wherein important condition is to maintain the total number of working hours during the entire work shift or working day for each employee.
It is the employer's responsibility to maintain the set hours of daily work for each employee. To organize work in the conditions of dividing the working day into parts, the employer must issue a LNA, which should 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 accepted by the employer independently.
If the need to divide the working day into parts arose in the course of production necessity, then employees who were previously hired on the terms of a normal working day of a fixed 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 needs to familiarize employees with significant changes in working conditions in accordance with the norms of the Labor Code of the Russian Federation and take all necessary actions within the framework of the labor legislation of the Russian Federation.
Another commentary on Art. 105 of the Labor Code of the Russian Federation
1. The conditions for the application of the mode of work with the division of the working day into parts are the special nature of labor 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 mainly used 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 normative act on the introduction of the 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 the working day (shift) should not exceed the duration of daily work established for employees by the internal labor regulations or the employment contract.
Certain categories of workers are subject to the rules on the division of the working day into parts set forth in the provisions on the peculiarities of the regime of working hours and rest time (Regulations on the peculiarities of the regime of working hours and rest time for 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 working hours and rest time for tram and trolleybus drivers, approved by Order of the Ministry of Transport of the Russian Federation of October 18, 2005 N 127).
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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 (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 a 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
1. The conditions for the application of the mode of work with the division of the working day into parts are the special nature of labor 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 mainly used 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 normative act on the introduction of the 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 the working day (shift) should not exceed the duration of daily work established for employees by the internal labor regulations or the employment contract.
Certain categories of workers are subject to the rules on the division of the working day into parts set forth in the provisions on the peculiarities of the regime of working hours and rest time (Regulations on the peculiarities of the regime of working hours and rest time for 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 working hours and rest time for tram and trolleybus drivers, approved by Order of the Ministry of Transport of the Russian Federation of October 18, 2005 N 127).
Another commentary on Article 105 of the Labor Code of the Russian Federation
This article has great importance for those industries National economy where, in order to increase the efficiency of labor organization, it is necessary to divide the working day into parts. It allows the division of the working day into parts in those jobs where this is necessary due to the special nature of labor, as well as in the production of work, the intensity of which is not the same during the working day (shift). In this case, the working day may be divided into parts so that the total duration of working time does not exceed the established duration of daily work. 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. In certain cases, the division of the working day into parts is established by the relevant provisions in force in relation to workers in certain sectors of the national economy. For example, Order of the Ministry of Communications of Russia dated September 8, 2003 N 112 approved the List of professions and positions of communication workers for whom the employer can establish a divided working day.
Rotational work is also a special mode of working time.
New edition Art. 105 of the Labor Code of the Russian Federation
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 (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 a 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 division of the working day into parts is regulated by Article 105 of the Labor Code of the Russian Federation. 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 (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 public services (for example, in urban passenger transport, in communications, trade organizations). At the same time, the total duration of working time should not exceed the established duration of daily work. Such a 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 legislation 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 main salary (Article 114 of the Labor Code of the Russian Federation).
Another commentary on Art. 105 of the 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 the application of the mode of work with the division of the working day into parts are the special nature of labor or the production 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 mainly used 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 normative act on the introduction of the 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 the working day (shift) should not exceed the duration of daily work established for employees by the internal labor regulations or the employment contract.
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 (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 a 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 of the Labor Code of the Russian Federation
1. The working day, if it is expedient due to the special nature of work, may, as follows from the commented article, be divided into parts so that the total duration of working hours does not exceed the established duration of daily work. This procedure is applied 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 meals lasting no more than 2 hours. The break is not paid, as it is not included in working time.
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 employees for whom a split working day is established, the length of parts of a split working day, the period for which it is introduced, etc. Local regulations may also provide for some benefits for employees who work according to such a schedule.
3. The list of professions and positions of communication workers for which the employer can establish a divided working day, approved. Order of the Ministry of Communications of Russia dated September 8, 2003 N 112.
1. Article 105 of the Labor Code of the Russian Federation establishes the grounds for introducing the division of the working day into parts: the special nature of labor in organizations (for example, organizations serving the population); production of work, the intensity of which is not the same during 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, subject to the condition that the total duration of working time cannot exceed the stipulated duration of daily work.
The legislation 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 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 body of the primary trade union organization.
The local normative act regulating the division of the working day into parts should provide for: the circle of employees for whom a divided working day is introduced; the length of the parts into which the working day is divided, the length of the break between them; the period for which a split working day is introduced (or the period is not indicated), etc. Since the regime in which the working day is divided into parts is inconvenient for the employee, in the local normative act employee benefits may be provided.
3. For some categories of workers, the division of the working day into parts is established by law. Regulations on the features of the regime of working hours and rest time for car drivers, approved. Order of the Ministry of Transport of Russia dated August 20, 2004 N 15, provides that bus drivers working on regular city, suburban and intercity bus routes, with their consent, the working day can be divided into two parts. A break between two parts of the working day is set 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 2 hours, excluding time for rest and meals, and the total duration of daily work (shift) should not exceed the duration of daily work (shift). A break between two parts of the shift is provided at the place of deployment or a place designated for the parking of buses and equipped for drivers to rest.
Order of the Ministry of Communications of Russia dated September 8, 2003 N 112 approved the List of professions and positions of communication workers for whom the employer can establish a divided working day. It includes: heads of communication departments (including mobile communication departments) of groups 5, 6 and 7; telecom operators for receiving and issuing mail and telegrams, as well as for organizing mail delivery; sorters of postal items and printed works in delivery communication organizations; postmen for the delivery of postal items, periodicals, telegrams and money; call center telephone operators; electricians of station equipment for maintenance of GTS and STS telephone repair bureaus; telephonists of the reference service of the reference and information center of the telephone network, etc.
Regulations on the peculiarities of working hours and rest time for tram and trolleybus drivers, approved. By order of the Ministry of Transport of Russia dated October 18, 2005 N 127, it is determined that, with their consent, the working day (shift) can be divided into two parts for drivers. A break between two parts of the working day (shift) is set no later than 4 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 during the daytime should be no more than 2 hours, excluding time for rest and meals, at night - no more than 6 hours, excluding time for rest and meals , and the total length of daily work (shift) should not exceed the duration of daily work (shift). A break between two parts of the shift is provided in a place equipped for drivers to rest.
