Answer to the question:

A six-day working week with one day off is applicable under the terms of Art. 100 of the Labor Code of the Russian Federation. At the same time, in accordance with Art. 111 of the Labor Code of the Russian Federation, the general day off is Sunday.

Normal working hours for both a five-day work week and a six-day work week cannot exceed 40 hours per week. This limitation is established by Art. 91 Labor Code of the Russian Federation.

Expert shares important information O labor rationing in the material at the link.

Article 95 of the Labor Code of the Russian Federation establishes that the named provision is equally applicable to both a five-day and a six-day working week.

At the same time, Article 95 of the Labor Code of the Russian Federation for a six-day working week introduces an additional restriction, according to which on the eve of weekends the duration of work in this mode cannot exceed five hours. This rule does not depend on the length of the last week of the month.

Thus, with a six-day work week, the length of the working day on the eve of a day off should be five hours.

According to part 3 of Art. 91 of the Labor Code of the Russian Federation, the procedure for calculating the norm of working time for certain calendar periods (month, quarter, year) depending on the established duration of working time per week is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor. This procedure is established by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n.

In accordance with the specified Procedure, the standard working time for a specific month is calculated as follows: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of the five-day working week of a specific month and from the resulting number of hours the number of hours in a given month is subtracted by which working hours are reduced on the eve of non-working holidays.

Interesting information about Six day work week with one day off posted here.

The specified Procedure is used to guide the preparation of the production calendar. As you can note, this Procedure is designed for a five-day working week, and for a six-day week, the procedure for calculating the standard hours is limited by the norms of the Labor Code of the Russian Federation on a 40-hour working week, postponing holidays and shortening pre-holiday days, days off on Sunday and five hours of work on Saturday.

Labor legislation did not establish the length of working hours for working days when establishing a six-day working week (except Saturday). Therefore, in practice the following operating mode is used:

7 hours + 7 hours + 7 hours + 7 hours + 7 hours + 5 hours = 40 hours per week.

Based on this, the standard hours for a six-day week should be calculated.

Due to the discrepancy between the alternation of working days and weekends, the reduction of pre-holiday days and the postponement of holidays, the standard working time per month for a five-day and six-day work week may differ.

At the same time, the production calendar, which establishes the standard working time for certain calendar periods within the corresponding calendar year, is mandatory for any working time regime. Therefore, the work schedule for a six-day work week must be drawn up in compliance with monthly norm working hours, unless the employee has a summarized accounting system with a longer accounting period.

Thus, the employer does not have the right to increase the working hours established by the production calendar. In this situation, it is necessary to revise the work schedule in such a way as to reach the standard hours: either reduce the number of working days, or reduce the duration of the working day.

Since the length of the working day and the alternation of working days and days off are established by the Internal Labor Regulations (hereinafter referred to as ILR), changes need to be made to them. This can be done by issuing an order (in any form) to amend the PVTR. In addition, since employees’ employment contracts contain a reference to the PVTR, they also need to be amended by concluding additional agreements.

Note: if the employee has a salary, and in accordance with the work schedule you have established, he worked all the working days of the month (or other accounting period), then he must be paid the full salary.

Details in the materials of the Personnel System:

1. Regulatory framework: Labor Code of the Russian Federation

Article 91. Concept of working time. Normal working hours

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours.

Normal working hours cannot exceed 40 hours per week.*

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.

(Part three introduced by Federal Law dated July 22, 2008 N 157-FZ)

The employer is required to keep records of the time actually worked by each employee.

Article 95. Duration of work on the eve of non-working holidays and weekends

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

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

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

Article 100. Working hours

The working time regime should provide for the length of the working week (five-day with two days off, six-day with one day off, a working week with days off on a sliding schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), 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 labor law norms, collective agreements, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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 of the Russian Federation.

Article 111. Weekends

All employees are provided with days off (weekly continuous rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n “On approval of the Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week” (Registered with the Ministry of Justice of the Russian Federation on September 28, 2009 N 14900)

CALCULATIONS OF WORKING TIME STANDARDS FOR CERTAIN TIMES

CALENDAR TIME PERIODS (MONTH, QUARTER, YEAR)

DEPENDING ON THE DURATION SET

WORKING TIME PER WEEK

1. The standard working time for certain calendar periods of time is calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday based on the duration of daily work (shift):

with a 40-hour work week - 8 hours;

if the working week is less than 40 hours - the number of hours obtained by dividing the established working week by five days.

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In accordance with Part 2 of Article 112 of the Labor Code of the Russian Federation, if a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

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

The standard working time calculated in this order applies to all work and rest regimes.

Thus, the standard working time for a particular month is calculated as follows: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of the five-day working week of a particular month and from the resulting number of hours is subtracted by the number of hours in a given month by which working time is reduced on the eve of non-working holidays.

The standard working time for the year as a whole is calculated in a similar manner: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days according to the calendar of a five-day working week per year and from the resulting number of hours is subtracted by the number of hours in given year, by which working hours are reduced on the eve of non-working holidays.

2. The transfer of days off that coincide with non-working holidays, provided for in Part 2 of Article 112 of the Labor Code of the Russian Federation, is carried out by employers using various work and rest regimes, under which work is not performed on holidays. This procedure for transferring days off that coincide with non-working holidays applies equally to work modes with both permanent weekends fixed by day of the week and with sliding days of rest.

For employers whose work suspension on non-working holidays is impossible due to production, technical and organizational conditions (for example, continuously operating production, daily service to the population, etc.), the transfer of days off provided for in Part 2 of Article 112 of the Labor Code of the Russian Federation is not carried out. .

With respect and wishes for comfortable work, Yulia Meskhia,

HR System expert

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