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- Six-day delay according to the law: where is the limit of what is acceptable and what threatens the employer
Six-day delay according to the law: where is the limit of what is acceptable and what threatens the employer
Most Russians work in the format of the usual five-day nine-hour schedule, including a lunch break. However, it is not uncommon to find "non-standard" schedules for 12 hours of work in the format of seven working days and seven days off, and recently some entrepreneurs have advocated the introduction of a six-day working week from 08:00 to 20:00. About whether schedule 6/1 may appear in Russia and what the Labor Code (TC) says about it, see the Izvestia article.
Legality of the transition to schedule 6/1: what the Labor Code says
In most cases, the working time regime is fixed in the employment contract, and its change cannot occur unilaterally on the initiative of the employer. Elena Pitirimova, partner of the Melling, Voitishkin & Partners Labor Practice, emphasizes that any adjustments require compliance with the procedure established by law and the availability of objective grounds.
The employer is obliged to notify the employee no later than two months before the expected changes. In addition, the decision must be justified for compelling organizational or technological reasons. Without such grounds, a change in the working regime will be qualified as a violation of the law.
At the same time, an increase in the number of working days does not automatically mean an increase in wages. The issue of payment directly depends on compliance with working hours and the correct processing of overwork, if any.
Maximum working week length and legal restrictions
The current labor legislation sets strict limits for both the length of working hours and the mandatory rest for employees. These standards are mandatory and mandatory for all employers, regardless of the form of ownership.
The working week may not exceed 40 hours, and a continuous weekly rest period must be at least 42 hours. Such requirements actually exclude the possibility of introducing a schedule with six working days and long shifts without changing the law, lawyers say.
Experts agree that the combination of these norms does not allow the use of the "Monday – Saturday from 08:00 to 20:00" regime. Even with the consent of the employees or the company's internal regulations, such a schedule would be contrary to the requirements of the law.
Overwork on schedule 6/1: is it possible to arrange overtime legally
Attempts to compensate for the increase in working hours through overtime or other forms of employment also face certain limitations. The 6/1 to 12-hour schedule assumes 72 working hours per week, which is significantly higher than the acceptable rate.
And overtime is allowed only in limited amounts. The law sets a limit of no more than four hours for two consecutive days and 120 hours per year. At the same time, a bill is being considered that could increase the annual limit to 240 hours, but even in this case, we are talking about an additional, rather than a permanent workload.
Irregular working hours also cannot serve as a tool for regularly exceeding the norm of working hours. The law explicitly states that employment outside the prescribed duration should be sporadic. The systematic use of such a regime is contrary to its legal nature.
— With internal part—time work, an employee can work an additional four hours a day, but it is important that this work should be in a different position and under a separate employment contract, - said lawyer Pitirimova.
In practice, employees often work longer than the prescribed time with a formally fixed irregular schedule and receive compensation in the form of additional rest days. However, such an approach, as the expert notes, remains risky and can be challenged during inspections or in court.
What changes in the Labor Code of the Russian Federation will be required to increase the working week
The issue of introducing a six-day workweek with extended shift duration is directly related to the need for systemic changes in the legal regulation of labor. And even hypothetically relevant persons did not announce such changes.
In order to legalize the increase in the length of the working week, it will be necessary to amend key provisions of the Labor Code. We are talking about the standards that define the basic guarantees of employees.
First of all, this applies to Article 91, which sets the maximum length of working hours, as well as Article 110, which establishes a minimum continuous rest. Without adjusting these provisions, any attempts to expand the working week will be contrary to current legislation, lawyers say.
Employee's consent for a six-day stay: is it legally binding
Even the employee's voluntary consent to schedule changes does not release the employer from the obligation to comply with the requirements of the law. Lawyers emphasize that mandatory labor law norms cannot be changed by agreement of the parties, since they are aimed at protecting the interests of the employee.
As Pitirimova's lawyer emphasizes, an employee's statement requesting a six-day working week with long shifts will not be legally binding. Such consent cannot serve as a basis for relieving the employer of responsibility.
In the case of an inspection or court proceedings, such documents will not be taken into account if the actual operating mode contradicts the established standards.
Employer's responsibility for work schedule violations and hidden risks
If the actual mode of work differs from the one officially fixed in the documents, this creates significant legal risks for the employer. One of the key consequences is the possibility of recognizing overtime as overtime, followed by the collection of appropriate payments.
152 of the Labor Code of the Russian Federation, the first two hours are paid in one and a half times, and the following — in double. For monetary claims in labor law, there is a one-year deadline for applying to the court. That is, the employee will be able to collect payments for a period equal to the year preceding the day of the appeal to the court," said lawyer Pitirimova.
Additionally, administrative responsibility is provided. In case of violations of labor laws, the company and its officials may be fined. In case of repeated violations, sanctions are tightened and may include the disqualification of managers, experts say.
Responsibility for late payment of overtime work is separately established. In such cases, the fines increase, and in case of repeated violations, they can reach the maximum values stipulated by law.
Risks for businesses and employees: from overwork to criminal liability
The current legislation does not allow the introduction of a 6/1 schedule with long shifts without changing the key norms of the Labor Code. Attempts to circumvent the established restrictions involve serious legal, financial and reputational risks for employers.
In addition to the direct financial consequences, failure to comply with the work and rest regime can lead to more serious consequences. Working seven days a week and with long shifts contributes to the accumulation of fatigue, which increases the likelihood of mistakes and accidents.
Judicial practice already takes such circumstances into account when considering cases. In particular, the Supreme Court, in its ruling No. 88-KG24-6-K8 dated 07/22/2024, pointed out the need to take into account working conditions, including lack of proper rest, when assessing industrial accidents. In the case under consideration, the employee died on the territory of the enterprise from a general illness, but the testimony of relatives about systematic work without days off was taken into account. Then the court noted that such a regime may indicate a violation of labor protection standards.
In some cases, such circumstances may entail not only administrative, but also criminal liability of the employer. This underlines the importance of observing established standards and the impossibility of ignoring them even with the consent of the employee.
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