Shift work: how to find a suitable specialist? Shift method What does a shift schedule mean.

Rotational method in Russia

The shift method is used when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities.

Since the 90s of the XX century, in many regions of the Russian Federation, due to the decline in production, the closure of enterprises, and mass layoffs, a difficult socio-economic situation has developed. Workers are forced to work on a rotational basis in more economically successful "points", mainly at construction sites. In Central Russia, such a "point" is Moscow and the Moscow Region, in the North-West - St. Petersburg, in the rest of the territory - local "capitals", such as Novosibirsk, Yekaterinburg, etc. As a rule, those working on a rotational basis are called guest workers . In some, the most depressed cities and towns, the number of such workers reaches 90% of the total working population.

The shift method of work is also common in hard-to-reach, sparsely populated areas (for example, in the Far North), where it is difficult to build housing. At the same time, the employee is paid for accommodation and travel to the place of permanent residence.

Schedule

The most common work schedule is "15 to 15", in which the employee works 15 days and rests 15 days. An “asymmetrical” schedule is also common: 2 months of work after one rest, 3 after 1, and even 4-5 after 1. At the same time, as a rule, “between shifts” are not compensated by salary. It should be noted that according to the Labor Code, a business trip cannot be longer than four weeks, and only in exceptional cases can it last up to three months. The situation when a worker cannot find a job in his hometown is hidden unemployment.

Work time

The duration of a shift on a watch should not exceed 12 hours, and the duration of rest between shifts, taking into account a lunch break, cannot be less than 12 hours.

Time relax

The duration of rest between shifts should not be less than 12 hours, weekly - less than 24 hours. Unused hours of rest must be summed up and provided in the form of additional free days from work.

Salary

The procedure for calculating wages is established in the Basic Provisions for the Remuneration of Workers under the Rotational Method of Organization of Work and is as follows:

• Workers-pieceworkers - for the amount of work performed according to current standards and prices;
• Time workers - for all hours actually worked on the basis of established wage rates and assigned categories;
• Line managers who directly manage the facility/site (foremen, foremen, etc.) - for all the hours actually worked, based on the established monthly salaries;
• Other managers, specialists and employees - for the actual hours worked in days based on the established monthly official salaries.

Place of residence

During periods of employment on a shift, workers live in specially equipped shift camps. According to the Labor Code, such a settlement must meet certain requirements, the fulfillment of which is fully ensured by the employer. Namely, in the village should be present:

Disadvantages of the method

The shift method is fraught with numerous economic, legal and social costs, the main of which are:

• excessive hard work;
• difficult living conditions during the shift;
• lawlessness and social insecurity;
• high injury rate of workers;
• family breakdown;
• preservation of the depressed state of small towns and villages.

Notes

Literature

• Anna-Stefania Chepik New in labor law. Application practice, comments, advice. - M .: Alpina Publisher, 2005. - 136 p. - (Library of the law firm "Pepeliaev, Goltsblat and Partners"). - ISBN 5-9614-0213-4

Wikimedia Foundation. 2010 .

See what the "shift method" is in other dictionaries:

See Rotary Method Dictionary of business terms. Akademik.ru. 2001 ... Glossary of business terms

Shift method- a special form of carrying out the labor process outside the place of permanent residence of employees, when their daily return to the place of permanent residence cannot be ensured. The shift method is used with a significant removal of the place of work ... ... Official terminology

Shift method- (English watch method) a method of organizing work, used in the event of a significant removal of production facilities (sites) from the enterprise, when it is inappropriate to perform work by conventional methods. Work is carried out by shift (shift) ... ... Encyclopedia of Law

A method of providing work with labor resources, which consists in the periodic delivery of successive workers (shift personnel) from places that are significantly remote from the place of work. In such a situation, workers keep watch at the work site. ... ... Economic dictionary

Law Dictionary

SHIFT METHOD Legal Encyclopedia

SHIFT METHOD- a method of organizing work used at a significant distance from the places of production from the equipped infrastructure. The work is carried out by shift personnel, who periodically return to the place of residence or location of the parent company. ... ... Encyclopedia of labor law

shift method- a system for organizing work, which is used when production facilities (sites) are far from the enterprise and it is not advisable to perform work by conventional methods. The work is carried out by shift (shift) personnel living in ... ... Big Law Dictionary

One of the methods of organizing work, a method of providing work with labor resources, which consists in the periodic delivery of successive workers (shift personnel) from places that are far from the place of work. In such situation… … Encyclopedic Dictionary of Economics and Law

Shift work method- a special form of work organization based on the use of labor resources outside their place of permanent residence, provided that the daily return of workers to their place of permanent residence or such a return cannot be ensured ... ... Big Law Dictionary

) is limited in duration to a period of a month. Exceptions are special cases at individual facilities, due to which the specified period can be extended up to 3 months (for this, the opinion of the trade union body of the workers, if any, must be taken into account). In its absence, they act within the framework of

The shift method of the Labor Code of the Russian Federation provides a guarantee of providing workers with housing when they are at the work site ().

The designated type of activity is used in oil and gas and coal mining, the development of precious metals, fishing, logging, as well as in the field of transport, construction, geology and others.

Who can work on a shift

Work on a rotational basis in accordance with the Labor Code of the Russian Federation (based on) is available for the following persons:

• adults;
• non-pregnant and without children under three years of age (female criterion);
• for fathers or guardians of children under three years of age, if they are not raising them alone;
• without medical contraindications, according to the conclusion issued in the manner prescribed in the Order of the Ministry of Health and Social Development of Russia dated 02.05.2012 No. 441n.

Why do you need a watch

The Labor Code set aside a shift method of work for cases where the place of work or the employer is at a significant distance from the permanent residence of employees and it is necessary to carry out the production processes or activities listed above. The watch is also suitable for cases when it is required to build, rebuild or repair objects with social, industrial or other tasks in a short time in areas that are remote, uninhabited or located in conditions of a specific nature.

How to enter a watch at the enterprise

The transition of already working frames to this mode occurs through the following sequence of steps:

1. Written notice of transfer to rotational work with a note of consent to such work (two months before the transfer). If someone does not agree to the transfer, he is offered any vacancy. In the absence of such or refusal of the person from the proposals, the employment contract is terminated.
2. Changing the employment contract through the approval of an additional agreement.
3. Issuing a transfer order.

Sample order to enter the watch

The regime of work and rest with a rotational method of work

How is this work paid?

Payment for work on a rotational basis of the Labor Code of the Russian Federation is noted in. Any calendar day of stay at work during the shift period, as well as the actual days of the journey from the place where the employer is located (collection point), to the place where work tasks are performed and back is paid with a surcharge that replaces per diems. Its amount and the procedure for payment depends on which organization the employer is. If this is a federal state employee, then the relevant parameters of the allowance are determined by Decree of the Government of the Russian Federation of February 3, 2005 No. 51 or similar standards of a particular subject of the Russian Federation, municipality, if this is a state employee of the corresponding level.

For other companies, the allowance is prescribed in labor, collective agreements or local regulations.

For each day of travel to and from the workplace, for days of travel delay due to weather or the fault of the carrier, the employee receives a daily rate. He also receives it for any reworked day of rest according to the schedule (day of inter-shift rest). Employment, collective agreements, local regulations may determine higher pay.

Shift workers from other regions who work in the Far North and in areas equated to them are given a regional coefficient and paid percentage bonuses to wages in the manner and amount that are provided for persons continuously working in such places.

What a vacation

Leave with a rotational method of work is stipulated by the Labor Code as follows: an employee is guaranteed an annual basic paid (average earnings) leave of 28 calendar days. Additional vacations are provided for those permanently working in the regions of the Far North (24 calendar days) and in areas equivalent to them (16 calendar days).

Work on a rotational basis - registration according to

Shift workers are registered for work through an appropriate employment contract, where the following information is displayed structurally:

1. Employee and employer information.
2. General provisions.
3. Terms of payment.
4. Temporary hours of work and rest.
5. Working conditions plus guarantees and compensations.
6. Compulsory insurance (social, pension, medical).
7. Rights and obligations of the employee and the employer.
8. Their responsibility.
9. Training in safe working methods.
10. Final provisions.
11. Details and signatures of the employee and employer.

Sample employment contract

Other watch specifics

Other features of work on a rotational basis The Labor Code establishes in. Guarantees and compensations for shift workers in the Far North and in places that are equated to them are defined. Calendar shift days in the indicated places plus the days of the actual journey to the place of shift according to the work schedule are included in the length of service of such employees, thanks to which they receive the required guarantees and compensations.

Duration and mode of operation
* Irregular worker
* Overtime
* Night work
* Interchangeable
* Part-time work
* Working hours of women and persons with family responsibilities
Work on a rotational basis
* Flexible schedule
* Time relax
* Weekend work and
* Worksheet
* Day off or absenteeism?

What is the shift method of organizing work and in what cases is it used?

Special mode of work, based on the accumulated accounting of working hours, established with the rotational method of organizing work. This method is used in cases where work is performed outside the place of permanent residence of workers and the possibility of their daily return to the place of permanent residence is excluded. The shift method is indispensable where production facilities (sites) are significantly removed from the location of the base enterprise; the construction of social facilities at the place of work is difficult; there is a shortage of labor resources; work is carried out in extreme natural and climatic conditions.
Features of the work of persons working on a rotational basis are regulated by Chapter 47 of the Labor Code of the Russian Federation (Articles 297-302).
Employees under the age of eighteen, pregnant women and women with children under the age of three, as well as persons who have medical contraindications for performing work on a rotational basis cannot be involved in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation).
In accordance with Art. 299 of the Labor Code of the Russian Federation watch is considered the total period, including the time of work at the facility and the time between shifts of rest in the rotational camp. Wherein watch duration should not exceed one month. In exceptional cases, at individual facilities, the employer, taking into account the opinion of the elected trade union body of this organization, the duration of the shift may be increased to three months.
With shift work installed summarized accounting of working hours for a month, quarter or other longer period, but not more than one year.
The accounting period covers all working time, travel time from the location or collection point to the place of work and back, as well as rest time falling on this calendar period of time. At the same time, the total duration of working time for the accounting period should not exceed the normal number of working hours established by labor legislation.
The employer is obliged to keep records of the working time and rest time of each employee working on a rotational basis, by months and for the entire accounting period.
Working time and rest time within the accounting period are regulated by the shift work schedule, which is approved by the employer, taking into account the opinion of the elected trade union body of this organization and is brought to the attention of employees no later than two months before its entry into force.
The specified schedule provides for the time required for the delivery of workers to the shift and back. Days spent on the way to the place of work and back are not included in working hours and may fall on rotational rest days. Overtime working hours within the shift work schedule can be accumulated during the calendar year and summed up to whole days, followed by the provision of additional days of rest.
Rest days in connection with work outside the normal working hours within the accounting period are paid in the amount of the tariff rate (salary), unless otherwise established by the employment contract or collective agreement.
The procedure for introducing the summarized accounting of working hours is established by the rules of the internal labor procedure, which are approved taking into account the opinion of the representative body of the employees of the organization. Since these rules are in most cases an annex to the collective agreement, it can be concluded that the representative bodies of workers have the right to participate in deciding whether to establish or cancel the summarized accounting of working time, as well as the introduction of the rotational method of organizing work.

The concept of "shift method" became firmly established in the everyday life of the Russian population at the end of the 20th century. This period was characterized by a sharp reduction in jobs, especially in small towns, a total deterioration in the socio-economic standard of living. Therefore, earnings by shift began to quickly gain popularity.

What is shift work how to properly arrange this type of relationship between employees and organizations, who are shift workers, as well as other issues on the shift will be discussed in the article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

What it is?

Work at shift facilities means such a formation of working relationships when workers are physically unable to get home after a worked shift due to the significant distance between home and work facility.

Employer guarantees the provision of housing for the period of shift shifts for workers, provides satisfactory living conditions, organizes the delivery of shift workers to the workplace.

It is possible to earn money at shift facilities by an order of magnitude higher than similar activities carried out without the involvement of shift workers.

In addition to geographically remote places, more and more often Moscow and St. Petersburg are used as a watch. This is directly related to the much higher pay for work in the capitals, constantly available open vacancies and the lack of current vacancies in the provinces.

It is customary to distinguish several varieties of organizations working according to this method:

1. Intra-regional type– the work facility is slightly removed from the permanent habitat of the workers, the shift period is usually no more than 2 weeks.
2. Interregional(rotation-expeditionary) type - differs by a significant remoteness of the object of work from the place of residence of employees, such work lasts longer than 2 weeks.
3. Research expedition. Field research also has the format of rotational work.

The very concept of a shift includes not only directly performed work manipulations, but also the duration of rest between shifts.

Legislative regulation

All the nuances of organizing the rotational method of work are spelled out in the Labor Code of the Russian Federation, namely in chapter 47. The definition itself is given in article 297 of the Labor Code.

List of enterprises and fields of activity, for which the services of shift workers are relevant, is given in the "Basic provisions on the rotational method of work" under the number 794/33-82.

In each organization working on a rotational basis, a Regulation is developed based on generally accepted standards.

A sample Regulation on the shift method can be downloaded.

Shift duration

A special type of work, when labor is not carried out at the place of actual residence, is common in work carried out in hard-to-reach places. That's just some industries that use shift workers:

The duration of the watch should not exceed 1 calendar month. In exceptional situations, this period may be maximum - three calendar months.

But in this case, the approval of the trade union of workers of the organization must be obtained. The procedure for approval by the trade union of an extended shift period is prescribed in article 372 of the Labor Code.

If there is no trade union organization, the working period of a shift shift over one month is considered processing. charged for processing (in a larger amount).

Inter-shift rest

The phenomenon of inter-shift rest is disclosed in the Labor Code, or rather, in Article 301. Inter-shift rest is days of due rest provided to a shift worker after the end of the shift, during processing during the rotational shift according to the work schedule.

That is, this is the rest time that should have been used by the shift worker daily and weekly, but due to the specificity of the shift work method, it was not used. Accumulated days of rest in full are provided after the end of the shift.

If not working days turned out to be overworked, but working hours, then they are summed up over the entire duration of the shift. The accumulated hours are converted into full working days for which the employee receives paid rest between shifts.

Do not confuse the concepts of inter-shift rest and annual leave. In the first case, additional rest time is provided for actual processing during the work shift. An annual paid vacation provided on a mandatory basis order, regardless of the presence or absence of processing.

In the Basic Provisions, in paragraph 7.1, it is indicated that the employee receives annual leave only after using days of rest between shifts. In this case, the coincidence in time of these two types of rest is not allowed.

In addition to inter-shift and annual leave, article 302 of the Labor Code is established with payment. It is provided:

1. for employees operating in the Far North - they are supposed to 24 calendar days;
2. for employees operating in the vicinity equated to the Far North - they are supposed to 16 calendar days.

Days of rest between shifts must be paid in an amount equal to standard salary for the completed working day(according to the fixed salary).

Documents for registration

When making the transition to a shift method of work, you need to observe some nuances. It must be taken into account that Not everyone is eligible for this job..

• minors;
• pregnant women;
• women with children under 3 years old;
• a man, if he is the only educator of the child;
• persons who, for some medical reasons, are not allowed to work in adverse climatic conditions.

When switching to watch the manager must prepare a number of documents:

Watch the detailed video on the design of the shift method of work:

Employment contract

Features of labor regulation of persons working on a rotational basis, spelled out in the employment contract.

It should contain the following items:

• A cap. This is the standard part. It indicates the name of the enterprise, its address, the time the contract was drawn up, the passport data of the employee.
• General terms. In this paragraph, it is necessary to indicate that the work involves a rotational method. The exact location of the work object is noted. The duration of the work is recorded.
• Conditions of material remuneration for work. The tariff rate and possible are indicated. You need to specify how the payment will be formed (fixed salary, rate or time-based scheme).
• The duration of the working period and the time period of rest. The contract specifies the duration of the actual working time. This indicator includes not only the duration of the labor process itself, but also the time to arrive from the place of collection to the immediate working point. It must be remembered that, by law, one work shift cannot be longer than 12 hours. Also in this paragraph, the conditions for the provision of various holidays and the nuances of receiving payment for overtime work are prescribed.
• Compensation and guarantee. This is a standard contract clause. It prescribes: compulsory health insurance, mutual responsibility of the employee and the employer, conditions and terms.
• Conclusion. The contract is signed by both parties, confirmed by a seal.

Work schedule for a shift worker

The greatest number of problems arises in the preparation of the work schedule. To avoid conflicts, you need to resolve this issue in advance.

The shift provides for the work schedule established by the Labor Code. It is characterized by a 40-hour work week(common work 5 days a week for 8 hours). Any additional time an employee spends on work is considered overtime. Days of processing are paid additionally (for more details, see the section on rest between shifts).

Overtime shift work, to which employees are involved, must be paid according to an additional scheme. The first 2 hours of overtime are paid 1.5 times higher than the standard. If processing lasts more than 2 hours, then the surcharge is 2 times more.

To record hours worked directly on the watch itself use a time sheet, or an individual card for each employee. In the time sheet, with the help of numbers and letters that form a code, a strict calculation of the time an employee is on duty is kept.

To indicate the time spent on the way from the place of temporary residence to the direct working object, sometimes the code “P” is used in the time sheet. It is approved and fixed by the Decree of the State Statistics Committee of the Russian Federation under No. 20 of March 24, 1999.

Sample schedule for workers on a rotational basis (clickable):

Order of transition to a rotational method of work

The system for introducing the rotational method of work at the enterprise is established by the employer. But in order to enter the watch, several rules must be observed:

1. Normative act together with the relevant justifications, if necessary, the shift is submitted for consideration to the trade union of the enterprise.
2. within five days the trade union makes a decision on the proposal. The trade union can either support or reject the initiative.
3. The employer may approve the transfer order without taking into account the opinion of the workers' organization. At the same time, the disagreements of the trade union must be noted in the protocol. If there is no trade union at the enterprise, the manager independently approves the order, relying on Art. 74 . The approved order must contain: name and exact address of the object of work, indication of the full name and positions of the persons transferred to the watch, a note on the consent of these persons to work in this way.
4. Notify employees in writing 2 weeks in advance before the upcoming transfer about changing the form of work.

sample order on the introduction of a shift work method:

Sometimes workers, for one reason or another, refuse to be transferred to rotational work. In this case the employer is obliged to offer an alternative vacancy. If there are no vacancies, or if the employee is not satisfied with the offers, then the employment contract should be terminated.

Worker referral on watch might look like this:

Surcharge and payment features

The appointment of monetary remuneration for rotational work differs from the standard registration of wages under a regular employment contract. The distinguishing feature is accrual of shift allowance for workers.

This additional surcharge can be charged in two ways:

1. as a percentage of the established salary or salary;
2. a fixed amount (as accrual of travel expenses during a business trip).

Most often, the first method of calculating the surcharge is used.

Employees of budgetary and municipal institutions can count on the percentage of the allowance established by law:

The allowance for persons of the same position should be the same. Differences in additional cash bonuses can be for employees of different professional skills and positions.

To understand the process of forming wages for the work of a shift worker, consider an illustrative example:

• Fixed payment for one working hour - 300 rubles per hour.
• Compensation payments - 700 rubles / day.
• Cash accrual for the time that the employee uses daily to travel to the work site - 100% of the salary per day of work, taking into account an 8-hour work week.

The calculation is made on a quarterly basis. The calculation of wages for December is clearly carried out. Counting the time overtime worked in the period under review:

The actual time worked by the employee is: Q4 2018: in October - 172 hours, in November - 172 hours, in December - 172 hours. The total number of hours actually worked was 516 hours for the specified time period. Normally, 511 hours should be worked. It means that 5 hours will be paid for processing.

Shift work is a popular and highly paid method of work. Before concluding a contract for a similar type of work, it is necessary to familiarize yourself with all the nuances and points at a particular enterprise. In this case, both the employer and the shift worker will be satisfied.

Shift work is especially popular in Russia. Entire sectors of the economy function, to a large extent, relying on this format Rotational work method - what is it? What are the features of its legislative regulation? Do shift workers have certain preferences in terms of exercising their labor rights?

on watch?

The shift method of work implies the implementation of labor functions by a person outside his permanent place of residence. As a rule, on a periodic (seasonal) basis. Traditionally, the shift method of work is typical for such areas as oil and gas production, logging, development of deposits of precious metals, and fishing. The implementation of labor functions in this format is regulated by separate provisions of the Labor Code of the Russian Federation.

Attractive salary

One of the reasons for the popularity of shift work is the high salary. In some cases, it exceeds the average for the same position in the city of permanent residence of a shift worker several times. Especially if it is work on a rotational basis in the North, in difficult climatic conditions. In many cases, "polar" and other kinds of allowances are added to the salary, the value of which is already very impressive. As a result, the income becomes even higher.

It should be noted that shift work is not always associated with a trip to the North. For example, many labor contracts were concluded in this format during the preparation for the Sochi Olympics. In a place where many people go to spend money, not to earn money. Of course, exciting trips to other interesting places in Russia are also possible.

Working conditions

Is it easy on a rotational basis? There is an opinion that not much. Nevertheless, wages, despite the difficult working conditions, are the factor that causes significant competition for shift jobs. Most companies employing people in this format put forward fairly strict criteria for candidates. Health is checked, conversations are held with a person for his real readiness to work in the expected conditions.

It is known, for example, that in the polar regions there is a much smaller percentage of oxygen in the air than, say, in the middle zone. A person must understand, choosing a shift method of work, what it is. And objectively evaluate their capabilities in terms of compliance with such a format of work.

Accommodation

It is assumed that the shift method of work implies difficult conditions not only in terms of climate, but also living. Everything, however, depends on the criteria by which to evaluate the comfort of life. As a rule, shift workers have at their disposal, albeit small in size, but quite well-equipped resources for living. Modern modular designs allow the employer company to quickly build housing with acceptable infrastructure: plumbing, electricity, heating. In the structure of residential premises for shift workers, as a rule, there are canteens, rooms for leisure, the ability to access the Internet. The law requires the employer company to reduce the time it takes employees to travel from their place of residence to the facility where the work is supposed to be performed.

At the same time, the shift worker is checked by a special commission before putting it into practical operation. It consists of representatives of the company-employer, officials of the municipality in whose territory the watch will operate, in some cases - employees of the trade union, specialists from various public services. Upon verification, an act of acceptance of the complex into operation is delivered. The shift camp is supposed to accommodate not only hired employees who will perform targeted labor functions, but also personnel. At the same time, as soon as the work season ends (the facilities are erected), everyone should leave the housing complex. A variant is possible in which work on a rotational basis with accommodation is organized without the construction of a separate complex. The hiring company in this case places people in hotels or corporate apartments.

Watch types

There are two main options for organizing work on a watch. First, it is an intra-regional format. He assumes that the duration of the work on the shift is quite short, about a week, and the facility itself, where the work is being carried out, is located relatively close (in the same region) as the city of permanent residence of the employees. Secondly, this is an inter-regional watch, sometimes called an expedition watch. The duration of work here, as a rule, is much longer, as well as the distance from the cities of residence.

The difference between a shift and a business trip

There is an erroneous opinion that a shift is a kind of business trip. This is wrong. The fact is that a person who is sent by the employer on a business trip carries out an official assignment.

In this case, payment occurs, as a rule, within the framework of the current salary and allowances. In turn, the shift method of organizing work implies that a person travels to a remote facility in order to perform not an assignment, but a separate labor function. In the second case, a separate contract is often concluded, which fixes the salary and other working conditions. During business trips, as a rule, no changes are made to an already signed employment contract.

Laws

Actually, about legal regulation. As we said above, the main source that normalizes the shift method of work is the Labor Code. It has sections that contain special language adapted to this format of employment. Let's study them. There is an opinion that the shift method of work in Russia has become popular in many respects not only because of the high salary, but also because of the provisions of labor legislation that are loyal to employees. Is it really? Rotational method of work - what is it from the point of view of specialized sources of law?

The norms in question are mainly set out in Article 47 of the Labor Code of the Russian Federation. First of all, it sets out general provisions regarding the regulation of labor on a rotational basis. In particular, the definition of such a format of work is given. According to the legislator, the shift method is a specific type of implementation of the labor process, provided that the place of work does not coincide with the city of residence of employees, and moreover, their return there on a daily basis cannot be ensured. This method of employment is used by companies, if you follow the wording of the Labor Code, in order to optimize the timing of the necessary work, such as construction, reconstruction or repair in areas characterized by special natural conditions. It is also possible that the shift method of work is a way to reduce the corresponding costs in the implementation of production activities by the enterprise.

Working mode

The mode of work within the framework of the shift, as noted in a number of comments to the Labor Code, may differ significantly from the standards prescribed in the Code. There is an opinion among lawyers that the rights of people working within the framework of the format in question are sufficiently protected, and especially in terms of organizing the regime. Is it really? The shift method of work - what is it: constant hard work or a well-balanced mode of people performing their duties?

As a rule, working time is taken into account by summing up hours, and the main rest is supposed after the return of shift workers to their homes. A place of work is an object where people carry out their direct labor functions. At the same time, if a periodic move from place to place is required due to a change in the specific location of task areas, this is not considered a transfer of an employee from one organization to another, and does not require written consent from employees. For example, shift work in the North often involves moving between different fields, or, if this is road construction, moving in the direction of the highway being built.

Schedule

The work schedule is one of the most important local documents that regulate the implementation of labor functions by shift workers within the limits of being at the facility. Therefore, when approving it, the employer must coordinate the provisions of this source with the opinion of employees (as a rule, represented by people). The main document in which the schedule is documented is the Regulation on the shift method of work, which has the status of a local regulatory legal act.

What are the main criteria that, in accordance with the law, the employing company must be guided by when drawing up the document in question? The Labor Code of the Russian Federation prescribes that the total duration of working time for the period of stay of people on a watch does not exceed the standard number of hours provided for by the Code. In this case, the maximum duration of one shift can be 12 hours. The number of days off cannot be less than the number of weeks in a month. It is acceptable, however, that the corresponding days of rest will be provided unevenly - the main thing is that their number satisfies the main criterion.

Shift work schedules can be drawn up both for the entire team of employees, and individually. The second option is possible, for example, in cases where a person who ends his labor functions and is about to leave needs to transfer authority to his future deputy.

Rest

The main legislative document regulating the shift method of work, the Labor Code, contains such a term as "between shift rest". Its meaning is defined as follows. These are days of rest (sometimes called days off), which appeared as a result of hourly overtime of the working hours established by the schedule at the rotational facility. Some lawyers consider inter-shift rest to be a kind of analogue of vacation, but provided not on an annual basis, but due to the objective capabilities of the employer. But at the same time, the frequency of such days off can reach several times a year. Also, inter-shift rest differs from a typical vacation in the way compensation is calculated. Its base is not average earnings. The number of days of inter-shift rest is also calculated differently. To do this, the sum of all hours of processing is divided by 8 (based on the standard length of the working day according to the Labor Code). At the same time, a variant is possible, in which the inter-shift rest will be paid in the amount of the salary. In practice, this is possible if appropriate time off is provided by the employing company in the form of compensation for extra hours within the reference period.

Regarding the ratio of vacation and inter-shift rest, some lawyers recommend paying attention to the following feature. The fact is that, as a matter of priority, time off for processing hours should be provided, first of all. And only after a person uses them, he can go on a standard vacation. At the same time, the days that make up the inter-shift leave should be included in the total length of service, on the basis of which the leave is also calculated.

Overtime

The Labor Code of the Russian Federation admits that shift workers can provide processing not only in the aspect of their own initiative (and in this case qualify for inter-shift rest), but also by virtue of the order of the management. In this case, their activities will take the form of overtime work. The reasons that may lead to the appropriate initiative of the watch management may be different. A common option is when the need to perform overtime work arose due to the fact that the team did not arrive on time, replacing the one that is currently working. If a person was involved in overtime work, then remuneration is calculated in one and a half or double size, depending on the specific conditions for the employee to perform labor functions.

It should be noted that with regard to the organization of working time and rest for employees of a medical and pharmaceutical profile who carry out their labor functions, serving shift workers, they act based on the specifics of production and its specific conditions. At the same time, the key provisions of Article 47, which regulate labor for employees, also apply to specialists of this profile.

Above, we outlined the thesis according to which the shift method of work in Russia has become especially popular due to the loyalty of the national labor legislation. Based on the regulatory norms of the Labor Code, we can assume that this is largely true. Despite the fact that, for example, the law allows employers to establish a 12-hour working day, at the same time, it is prescribed to provide shift workers with days off, as well as opportunities for exercising the right to rest between shifts and regular leave. In addition, overtime work is paid at one and a half or even double the rate. Russians who know what shift work is, leave positive feedback, often emphasizing the fact that the Labor Code is a source of law that makes people who decide on a difficult journey to earn money sufficiently protected.