Work schedule 2
A night shift is a shift, most of which occurs at night.
The time preceding it is called the evening shift. Their duration is a total of 16 hours. But in most cases, a 12-hour work shift is assumed, when the organization works 24 hours. It is mandatory that in the event of a transfer of an enterprise to work in shifts, several teams are formed. They will perform their duties alternately, in shifts, which guarantees the work process without interruption. In small teams, it is possible for workers to take turns replacing each other, working alone. But this is only permissible for simple areas of activity where the use of a large number of automatic equipment is not expected.
Peculiarities
Naturally, when establishing a shift schedule, a number of features arise in the organization of the work process. All of them depend on the specifics of production, but at the same time they should not contradict the Labor Code.
So, for example, a schedule can be permanent or temporary, that is, drawn up only for a certain period. It is important to observe the total number of permissible hours per week or per month.
The schedule is always drawn up for a certain period of time - a month, a quarter, six months. At the same time, it is approved by the head of the enterprise with mandatory consideration of the opinion of a representative of a trade union or labor organization.
The duration of the shift is determined depending on the nature of the workers’ activities.
For clarity: in hazardous production or work in conditions hazardous to health, the shift may be shortened, and, on the contrary, for employees of theaters, television and other fields of art and cinema, the shift may be lengthened.
Persons working on a shift schedule have the same right to paid annual leave and 10 days of sick leave as other employees.
A night shift is considered to be work from 10 pm to 6 am.
Work schedule 4 3 it's like
In other words. The work shift number for each employee must increase by one over time (from one calendar day to another). For example, for a four-shift job, the sequence of shifts in which the employee will need to go to work should look like this: 1,2,3,4,1,2,3,4.. and so on.
0.5.2 Of course, there is a way out of such “not good” situations. This is, first of all, the ability of all employees of an enterprise or organization to perform work in related specialties. That is, the ability of workers to perform work in various workplaces. In this case, replacing an employee who has become disorganized or who has become ill in good faith is not difficult at all. However. In order for workers to have related specialties and actually master them, they must regularly work in various workplaces. Thus, in addition to the potential opportunity for an employee to work in different jobs, the manager must provide the employee with a real opportunity to change jobs. In other words, keep workers “hot.” But. Then, in the return to work schedules, regular replacement of jobs for the employee must be ensured. And this, as it is not difficult to understand, is practically impossible to do without the use of a computer.
How to understand what a rotating work schedule is and how to create it
- This pace of work does not have a mode that is required according to the norm. And this negatively affects the lifestyle in general. While during a normal working day, with a clear time frame, it is possible to plan your day.
- In addition, night work shifts have a negative impact on human health. He begins to worry about diseases of the heart and blood vessels. This is due to the fact that at night there are simply colossal loads on the body. The rhythm of life decreases, there is constant “unpredictability”, which is not a positive factor for a person.
The responsible person records information on the arrival and departure of the employee. In other words, we can say that an employee’s working time slides according to the calendar individually for each person. And the electronic version of such a calendar will help you track time more specifically.
Working hours 4
Good afternoon Hurry up to become an “Online Manager”. Prelaunch 2021 https://toyota-autocenter.com/?mgr=Rostem Don’t miss the unique chance to become an “Online Manager” for the “AUTOCENTER” club, get your “TOYOTA” car and the most generous bonuses. Find out more https://toyota-autocenter.com/?mgr=Rostem Take action now!
I once worked 4/4 from 10.00 to 22.00. It was hell. Although she was still very young and full of strength. The first day after the 4-day period I slept all over. These four working days are taken away from life, because you crawl home at 23 and go straight to bed. I'm not even saying that there are weekends and holidays when you're stuck at work. Then there was no way out - work was difficult, and I came to another country. Now I won’t agree to such conditions for anything!
Shift work schedule
How to introduce shift work in an organization? The introduction of a shift work schedule in an organization must be provided for by a collective agreement or internal labor regulations (Article 100 of the Labor Code of the Russian Federation). Local regulations must establish: - the length of the working week (no days off, 5 days with two days off, 6 days with one day off, work weeks with days off on a rotating schedule); — duration of daily work (shift) and number of shifts per day (two, three, four); — start and end times of work, as well as breaks in work, alternation of working and non-working days. In practice, shift work is often introduced in conjunction with cumulative working time recording. All employees of the organization who will work in shift mode must be familiarized with this either upon hiring, which is fixed in employment contracts, or at least two months before the introduction of such a working time mode. The fact of warning to employees must be documented in writing. If the establishment of shift work occurs during the period of work in other working hours, then with the employee, with his consent, it is necessary to formalize a change (addition) to the employment contract. Otherwise, the previous working conditions must be met for such an employee for two months, after which the employment contract can be terminated (if this employee, in accordance with Article 73 of the Labor Code of the Russian Federation, cannot be offered another vacant position in the organization) on the basis of clause 7 of Art. 77 of the Code.
Shift work is a special mode of organizing working time, which is introduced during a long production process that exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided, for example, at industrial enterprises, in housing and communal services organizations , trade organizations, catering establishments. The introduction of shift work (which is emphasized in the Labor Code of the Russian Federation) is dictated by production conditions.
Interesting read: Where can you find out what benefits are available to labor veterans in Moscow?
Details
Features of shift work
There are several options for a shift schedule depending on the activities of the enterprise, the characteristics of the production process, socio-economic issues, and so on.
- The first option is a 12-hour work schedule. Typically there is one day shift from 8am to 8pm and one night shift from 8pm to 8am for 12 hours.
- Work in 3 shifts with scheduling for 4 teams. This schedule is convenient for enterprises and factories that carry out a continuous production cycle and have a large staff. Typically this schedule involves the following shifts:
— 4 outings per night lasting 8 hours, then 2 days off;
— 4 exits per day lasting 8 hours, then a day off;
— 4 exits per evening, then a day off.
- 3 shift schedule compiled for 5 teams:
— 2 days of work a day for 8 hours, then 2 days off;
— 2 days of work in the evening for 8 hours, then a day to rest;
- 2 days of work per night for 8 hours, then 3 days off.
- When drawing up a 3/3 work schedule, you need to remember that the duration of rest without a break per week should be at least 42 hours. The work shift should last no more than 12 hours.
There may also be a schedule with a duration of 10 hours, for example from 10 to 20 hours.
Overview of work by shift type
Features of the night shift
The following employees are not permitted to work the night shift:
— persons under the age of 18;
- pregnant women;
— persons who cannot be involved in night work due to internal regulations and in accordance with industry documentation;
In addition, there are the following categories of workers who can work night shifts only with their written consent. This:
- women who have children under 3 years of age;
— disabled people;
— persons caring for disabled children;
- persons caring for sick relatives, as confirmed by a certificate from a medical institution;
- guardians and single mothers with children under 5 years of age.
REFERENCE! The management of enterprises can independently determine their work schedule depending on their needs.
It is worth saying that the optimal work schedule is 4 shifts. Working in two shifts does not always have a good effect on the performance of workers, and working in three shifts does not allow for the full use of all resources. This is due to the fact that the employee cannot enter the work regime due to the fact that working hours are constantly changing.
The legislative framework
Labor relations between the employer and employees are regulated by the labor code. Article 103 covers the issues of drawing up shift work schedules.
Due to the fact that a shift work schedule obliges the employer to create small groups within structural units, a collective agreement is formed.
When concluding such an agreement, the employer must speak with representatives of the trade union, if any. The employer must independently familiarize employees with the approved version of the contract one month before it comes into force.
When drawing up a collective agreement, the following points must be taken into account:
— one person cannot work 2 shifts in a row;
- each employee must rest at least 42 hours without a break per week;
— breaks during the work shift must be provided;
— the total number of working hours per week cannot exceed 40.
Drawing up employee work schedules
In order to organize the work process, you need to create and approve a shift work schedule. It should include the following:
— information about the composition of shifts;
- schedule;
— the time at which the shift begins and ends;
- time for a break.
REFERENCE! There is no specific template for creating a schedule, so any company can create it in free form.
Usually the graph is drawn up in Excel or Word. You can search for a sample employee work schedule on the Internet by typing into a search engine “work schedule in Excel for dummies”, “monthly work schedule in Excel” and so on.
What to consider when creating a work schedule
There is no specific answer to this question, because each enterprise has its own specifics, so it is impossible to form a specific template. When drawing up a work schedule, management must pay attention to the specifics of the work, the weaknesses and strengths of employees, and based on this data, create a suitable composition of shifts and approve the optimal working hours for them.
The best option for creating a work schedule is to number shifts. Then you need to combine several employee names under one number and determine working hours for them. Everything ingenious is simple.
Nuances of scheduling
When creating a work schedule, you need to pay attention to the following:
- The working day before a holiday should last 1 hour less.
- If day and night shifts are paid the same, then the night shift should be reduced by 1 hour.
- Overtime hours are not included in the schedule.
- If a shift falls on a day off according to the calendar, then it will naturally also be a working day.
- Holidays must be paid at double the rate.
- Another option for paying for a holiday is to give the employee an extra day off.
Approval of employee work schedules
To put a new work schedule into effect, a collective agreement must be formed. The work schedule must be regulated by internal regulations.
Any employee must be familiar with the shift schedule upon hiring, which is stated in the employment agreement.
Typically, all difficulties arise during the transition to a shift work schedule. Employees must be notified in writing two months in advance that work schedules are changing. If shift work has a negative impact on the performance of other duties, then formal changes must be made to the employment contract. If this cannot be done, then after 2 months, if there are not enough places, or the employee refuses, he may be fired.
The new work schedule is usually implemented through local regulations. For example, the director issues an order for an employee work schedule or instructions that indicate all the necessary data on the work of the shifts.
REFERENCE! Absolutely all employees must familiarize themselves with the monthly work schedule, certified by the director , and also sign it.
How to eliminate recycling
Enterprises that switch to a new work schedule usually change the principle of recording working hours. At the same time, they switch from the usual rate per week to cumulative accounting. In this case, processing is calculated as follows:
- The employer determines the time period (for a month, quarter or year).
- The number of shifts is calculated based on the available work schedule.
- The number of shifts is compared with the teams.
- Conclusions are drawn about processing.
Shift work schedule - scheduling procedure
Carrying out their duties according to this principle, employees carry out the task within the established duration of the working period , which is actually regulated by the shift schedule. In certain cases, for example, if the output lasts three days for 8 hours, after some time (usually a month), the output of workers is divided into different shifts.
The mode of the process under consideration involves the performance of their immediate duties by employees of the organization in several shifts. This mode is divided into shifts in 2, 3, 4 stages. A shift schedule is introduced at enterprises in which the production process must run continuously or with short breaks. Consequently, the need for more efficient use of technical capacities and the impossibility of performing the optimal amount of work in the allotted time requires the introduction of work shifts.
Graph 3 is like
- Pregnant women.
- Minors, with the exception of those who create or perform artistic works.
- Other employees. A list of such persons may be provided both in industry regulations and in local regulations of the enterprise.
According to this article, a shift work schedule (work in 2, 3 or 4 shifts) is established in institutions where the production process exceeds the permissible standard duration of daily work, as well as for the purpose of maximizing the efficient use of machinery and equipment, increasing the volume of products produced, goods (services provided) ). The shift work schedule provides for the division of all workers into certain groups, each of which is obliged to work within the approved duration of working hours in accordance with the shift schedule. Since the shift schedule is an annex (addition) to the collective agreement and directly affects the interests of employees, during its preparation the employer is obliged to take into account the position and opinion of the representative body of employees, which, as a rule, is a trade union organization.
Salary
Payment is calculated depending on the accumulated accounting of working days. For this purpose, a certain accounting period is established.
This is the period of time for which a shift work schedule was established, taking into account all regulations and laws. Each employee must work the number of hours specified for him.
Schedules must be drawn up so that during the year each employee can work the required number of hours, while receiving at least 3 weeks of vacation.
The generally accepted norm is, as mentioned above, 167 hours per month. If the employee worked overtime, compensation for these days and hours is accrued additionally. And, on the contrary, if he did not have time to work the standard hours, they should be worked in the next accounting period. Or payment for them will be calculated.
That is, if the accounting period is three months, with a norm of 167 hours per month, and the employee worked 170 hours in the first month, 184 in the second, and 156 in the third, then his norm is met, and overtime will be 9 hours.
Payment for working hours on weekends or holidays is not subject to increase, unless otherwise established by internal labor regulations.
But if an employee is called to work on his legal day off (if it falls on a normal working day), the payment for going to work should be increased.
All points of labor and labor protection legislation must be strictly observed by employers. Violations identified during an inspection or due to employee complaints entail liability in the form of an administrative fine.
If an official has a history of violations, he or she faces temporary suspension of his organization's activities, up to and including removal from office for up to three years. People who work regular hours live on average four years longer than those who work shifts. Russian employers who provide monetary compensation to workers for health damage caused by such schedules are often suspected of tax evasion. At all OGK-4 power plants, the entire operating staff of the company—25% of the total number of employees—works on a two-shift (12-hour) and three-shift (8-hour) schedule. As compensation for shift work, the company's management provides employees with 2-4 days of additional leave, discounted vouchers for sanatorium and resort treatment, and conducts a variety of sports and recreational activities. However, this does not save you from occupational diseases. According to OGK-4 Deputy General Director for Human Resources Management Andrey Buzov, due to noisy production, power engineers most often suffer from hearing impairment. As a rule, employers find it difficult to name diseases that are aggravated by shift work. “It’s not easy to track; we don’t keep special medical statistics,” admits Buzov. A study from the School of Biological Sciences at Pandit Ravishankar Shukla University in Raipur, which analyzed the dates of death and retirement of 3,912 regular and 4,623 shift workers at a railway station over a period of 25 years, found that a jumping schedule negatively affects a person's biological rhythms and leads to disruption of important physiological functions: sleep, digestion, cell regeneration, hormone production and even brain function. For the rest of my life
Shift work according to Art. 103 of the Labor Code can be introduced by decision of the employer in cases “when the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided.” “Essentially, this means that there are no restrictions on establishing shift work: the employer can introduce it at his own discretion if he considers such an organization of work more appropriate,” explains Alexey Rusakomsky, a consultant in the legal practice of the auditing and consulting group Energy Consulting. But when drawing up shift schedules, he is obliged to take into account the recommendations of sanitary and hygienic standards, as well as special regulatory legal acts that determine the features of the working hours for a particular category of workers, he adds.
In order to reduce the negative consequences of shift work to a minimum, such a schedule must be constant, experts believe. “If, for example, it’s every other day, then a person should work like that all the time,” says Alexander Yurchenko, vice-rector of the National Institute of Health in St. Petersburg. It should also be taken into account that working more than 12 hours a day, even with subsequent days off, is harmful. “People often prefer to work for a day, and then rest for two or three days, without thinking at all that such a regime ultimately leads to diseases of the nervous system, disturbances in heart rhythm, blood circulation and potency,” explains Yurchenko. The most optimal option, in his opinion, is a three-shift schedule, in which a person works no more than eight hours a day. The president of the Russian Farms group of companies, Andrei Danilenko, completely agrees with the professor: “A person cannot function effectively for more than eight hours in a row, and even this time he will work effectively only if he rests for at least 16 hours.” Danilenko builds a shift work schedule in his company, guided by this conviction.
Heart Approach
“The performance of the circulatory organs at different times of the day is not the same,” Galina Belyaeva, a psychotherapist at the State Scientific and Practical Center for Interventional Cardioangiology, comments on the study. - At night, the heart beats slower, blood pressure decreases - the body prepares for rest. At this time of day, people, especially those who are early risers, work hard.”
The Gorky Automobile Plant was convinced that labor productivity directly depends on a person’s daily rhythms. In 2001, they decided to cancel the third, night shift, since, as it turned out, workers made the greatest number of defects at night. “Currently the plant operates in two shifts, each eight hours long,” says Sergei Lugovoy, GAZ’s director of public relations. The measure, according to him, had an effect: if in the early 2000s. delivery of products from the first presentation (determined by the ratio of the number of days worked without defects to the total number of working days) was 2%, but now the figure has reached 95%.
It's not just production workers who suffer from fluctuating schedules. 29-year-old musician Alexey Ulrikh, who plays in the group “Segodnya Noch,” told how, after graduating from the St. Petersburg Conservatory, he continued to study music and at the same time tried to work as a manager at I-Free (a Russian content provider). “After three months, I realized that it was physically impossible to combine a night schedule in the studio and a day schedule in the office, and I quit,” he says.
Tax against
According to the Labor Code (Article 154), “every hour of work at night is paid at an increased rate compared to work under normal conditions.” The size of the increase, notes Alexey Rusakomsky from Energy Consulting, is established by a collective agreement, local regulation or employment contract.
“Russian employers do not refuse additional payments, but they do not take into account that the employee is also required to compensate for loss of health for working different shifts - this obligation is established by Art. 212 of the Labor Code,” explains Sergei Khramov, chairman of the association of trade unions of Russia “Sotsprof”. “According to the Tax Code (Articles 217, 238), compensation related to the performance of work duties by an individual is not subject to personal income tax and unified social tax, but tax authorities persistently see them as tax evasion schemes and make claims against companies.”
For example, on this occasion, the Presidium of the Supreme Arbitration Court issued a resolution on October 17, 2006 in connection with the incorrect actions of tax officials in relation to the Chelyabinsk OJSC Prokatmontazh. The enterprise did not include in the tax base for calculating income tax compensation payments to employees engaged in heavy work and work with hazardous working conditions. Tax officials considered that these payments should be considered as one of the components of increased wages for work under special conditions, and therefore be taxed. The Presidium of YOU rejected the inspection's application.
“Despite the positive decisions of the court, the problem remains,” Khramov complains. “It turns out that everything that trade unions force out of employers through strikes turns into new difficulties for business.”
What does a shift work schedule mean and its features?
- All emergency services and response: ambulance, fire, police, rescue, gas services. They must come to the rescue at any time, and therefore both the operators and the rescuers themselves work in shifts.
- Transport services: This mainly includes train stations and airports. A delay of an entire night can cause serious disruptions to operations.
- Enterprises whose work does not stop at all, for example, blast furnace production. There, the furnaces operate without stopping for several years, and a sudden stop means serious local problems.
- Shops, stalls, tents and other retail outlets. Their working day can be extended to 10-12 hours, and they can also work around the clock.
- Companies related to the service sector: hotels, restaurants, cafes, security, information centers, etc.
- Two shifts - standard day and evening (or night). In the first case, the total time of both shifts lasts no more than 16 hours, each shift is 8 hours. To take a shift you often need to arrive early. In the second, the enterprise operates around the clock, each shift is 12 hours long: day shifts from 6 to 6 p.m., night shifts, on the contrary, from 6 to 6 p.m. A mixed option is also possible—some days the worker works during the day, some at night. All of them are noted on the report card;
Three-shift – the so-called four-brigade version. It is used in production, which employs a large number of people. All employees are divided into 4 groups, 3 of them work per day. The standard division is as follows:
- 4 shifts at night (from 23 to 7) – 2 days off;
- 4 days (from 7 to 15) – 1 day off;
- 4 in the evening (from 15 to 23) – 1 day off.
Types of shift work
Double shift work
There are two shifts, usually “day”, “evening” or “night” (with 12 hour work), the total time of which usually does not exceed 16 hours. A continuous schedule of two 12-hour shifts is often employed. As a rule, with a 12-hour shift, work occurs in two shifts: 08:00 - 20:00 - day shift 20:00 - 08:00 - night shift
Three-shift work (four-team schedule)
For continuous production with a large number of workers, the “four-team” work scheme is considered optimal. The workers are divided into four teams, and every day three teams work, each on its own shift, and one rests. In Russian industry, the typical shift distribution for 4-team, 3-shift work is as follows:
- four days on the night shift from 23:00 to 07:00, then two days off;
- four days on a day shift from 07:00 to 15:00, then one day off;
- four days on the evening shift from 15:00 to 23:00, then one day off.
In such a schedule per month, with a norm of 167 hours, the teams will actually work different times - 128, 178, 152, 184 hours, so the schedule is drawn up for an accounting period lasting several months, which makes it possible to compensate for overtime in one month with shortfalls in others and, on average, ensure compliance weekly working hours.
Three-shift work (five-brigade schedule, also known as “schedule 72”)
The workers are divided into five teams. In Russian industry, the typical shift distribution for 5-team, 3-shift work is as follows:
- two days on a day shift from 08:00 to 16:00, then two days off (48 hours);
- two days in the evening shift from 16:00 to 24:00, then one day off (the so-called “transition” = 24 hours);
- two days on the night shift from 00:00 to 08:00, then three days off (one “sleep” + two days off = 72 hours).
One cycle is 10 days. Each month, the teams will work from 136 to 152 hours.
Shift work schedule according to the Labor Code of the Russian Federation - standard hours and registration procedure
Following the requirements of Article 153 of the Labor Code of the Russian Federation, work time on a non-working holiday must be paid in accordance with the rules outlined by labor legislation. However, the employee will be paid in the standard single amount if he chooses to receive another day of rest for working on a non-working holiday.
- The duration of the production process associated with technological features, in which it is inevitable that the permissible duration of daily work will be exceeded. Or with the urgent need of society for the provision of certain services around the clock. For example: organizations providing security services (private security companies/private security companies); 24-hour emergency medical assistance.
- The need for highly efficient operation of technical equipment, a larger number of products, and certain services. For example, 24-hour operation of shops and canteens.
Features of a shift work schedule
- At facilities with a continuous technical process. These are all kinds of factories and factories based on chemical, metallurgical, automotive and other activities, as well as any other enterprises, the stop of production of which can lead to various negative consequences, including accidents.
- In emergency care organizations. The civilian population requires constant monitoring by police, fire, ambulance and other services, which can immediately respond to an incoming signal to prevent possible emergency situations.
- At retail chain and consumer service enterprises. These include 24-hour restaurant establishments, pharmacies, supermarkets and other stores with continuous customer service.
- In infrastructure institutions. The transportation of passengers and any other cargo requires continuous systematic work of transport enterprises.
- At facilities where the use of a shift schedule can organize the most efficient operation of the equipment of the entire enterprise.
The standard number usually includes 2,3 or 4 shifts, which provide a certain time frame for the fulfillment of all goals and tasks assigned to the work group. Workers who are part of specially created teams undertake to carry out a consistent process of performing all their duties without allowing any failures or stoppages in the coordinated work of the entire institution.
Work schedule 4 3 it's like
Answer: For employees who are assigned to shift work, holidays may be considered working days. Indeed, in continuously operating organizations (to which your organization apparently belongs), work on holidays is allowed without obtaining the consent of the employees, without a special order from the employer and without agreement with the trade union (Part 6 of Article 113 of the Labor Code of the Russian Federation) based on the shift schedule. But if an internal document of the organization establishes that these holidays do not reduce the standard working hours for the relevant employees, then this is unlawful. The standard working time for certain periods of time is calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday (clause 2 of the Explanation of the Ministry of Labor of Russia dated December 29, 1992 N 5 “On some issues arising in connection with the postponement of days off coinciding with holidays"). Since during a regular five-day work holiday, non-working days are always the rest time for workers, they are excluded when calculating the standard working time for shift personnel.
Note! When calculating overtime hours based on the results of the accounting period, work on holidays in excess of the norm is not taken into account, since it has already been paid double (clause 4 of the Explanation of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 N 13/P-21, Decision of the Supreme Court of the Russian Federation dated 11/30/2021 N GKPI05-1341).
Shift schedule: excluding overtime
In our organization, watchmen work on a shift schedule of “every three days.” It turns out that some of them work eight hours a week. How to create a schedule so that there are no overtime? What is the best accounting period to use so that processing is minimal?
With a work schedule of “every three days”, it is indeed not possible to comply with the weekly working hours. Therefore, you should not proceed from weekly working hours, but use summarized recording of working hours.
To do this, you must first determine the accounting period. This could be a month, a quarter (Article 104 of the Labor Code of the Russian Federation). Although, in our opinion, with this mode of operation it is advisable to take a longer period (for example, a year) as an accounting period.
Then, in order not to include overtime in the schedule, we calculate the number of shifts that fall (on average) per employee: 1987 hours: 24 hours = 82.79, where 1987 hours is the standard number of hours for a 40-hour work week in 2009 year; 24 hours – duration of one shift.
Now let's see how many employees need to be involved in this work: four or five?
If we assume that only four people will be involved in working according to the “every three days” schedule, then initially each of them in the accounting period under consideration (year) will be assigned significant overtime (an average of 8.46 shifts), which will amount to 203.04 hours (8.46 shifts x 24 hours).
It is unacceptable. Firstly, such a work schedule initially does not comply with the provisions of Article 104 of the Labor Code, according to which, when introducing summarized recording of working time (with the “every three days” schedule, as we said above, it is the summarized recording that is kept) of the duration of working time for the accounting period should not exceed the normal number of working hours. Secondly, it will lead to a violation of Article 99 of the Labor Code. After all, if an employee works more than the established norm during the accounting period, then this time will be considered overtime work. And overtime work for each employee should not exceed 120 hours per year. When recording working hours in aggregate, the accounting period cannot exceed one year (Article 104 of the Labor Code of the Russian Federation).
Thus, in order to ensure round-the-clock operation (without overtime!), the shift schedule must be drawn up taking into account the fact that at least five people must participate in the process of guarding the facility.
Our company has decided to introduce shift work. How to correctly create a shift schedule? In what form?
There is no unified form of shift schedule. Therefore, it is compiled by each organization independently. The most important thing is that it contains:
- employees for whom a shift work schedule has been established (indicating the full name of each, as well as position (profession, specialty));
- duration of shifts (indicating their beginning and end);
- break for rest and food;
- shift rotation order;
- number of workers in each shift.
It is advisable to provide columns in the shift schedule for employees to familiarize themselves with it (sample). The shift schedule can also be brought to the attention of employees (no later than a month before it comes into effect) in a separate document. For example, an application to a chart (sample).
How to calculate night hours on a rolling schedule?
A shift schedule has been established for the employees of our institution: two days every two for 12 hours (I shift - from 08:00 to 20:00; II shift - from 20:00 to 08:00, break for rest and food - 60 minutes) . How to calculate night hours: should the number of shifts be multiplied by eight hours or by seven (excluding breaks for rest and food)?
If we take into account that a break for rest and food, as a rule, is provided four hours after the start of work, then in the situation under consideration, when working on the second shift (from 20:00 to 08:00), such a break occurs at night. According to Article 108 of the Labor Code, breaks provided for rest and food are not included in working hours. Therefore, they should not be taken into account when calculating night hours.
If the shift falls on a non-working holiday, how do I pay?
The employee works on a “every three days” schedule. One of his shifts falls on a non-working holiday. Does he have the right to receive another day of rest and pay in a single amount for work on this day? If he has, then who will work on his day of rest, because other shift workers have worked out their hours.
On the one hand, in this case, the employee is obliged to go to work according to the shift schedule (there is no requirement to ask for his consent). On the other hand, this day remains a non-working holiday for him. Since Article 112 of the Labor Code, which establishes non-working holidays, applies to all employees, regardless of what mode they work under. Consequently, payment for work on a non-working holiday (even if work on this day according to the shift schedule is included in the monthly norm of his working time) must be made in an increased amount.
Now let's look at how work on a holiday can be compensated. According to Article 153 of the Labor Code, the employer is obliged to pay for this day at least double the amount. However, if an employee expresses his desire (instead of double pay) to receive another day of rest for work on a holiday, then such a day (within a period agreed with the employer) can be provided to him (please note that payment for work on a holiday must be be produced in a single size). As follows from the above-mentioned rule of law, the employer has the right to provide another day of rest (at the employee’s request) as compensation for working on a holiday, but is not obliged. If it is possible to replace an employee on his day of rest, then, as a rule, the employee’s application must be satisfied. Specific amounts of payment for work on a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.
As practice shows, in a situation where an employee can be involved in work on a holiday only with his consent, the issue of compensation is resolved taking into account his wishes (before actually going to work). Otherwise, he may refuse to work on a generally accepted holiday.
If an employee was sick during his shift, when should he return to work?
An employee working on a “two days every other” shift schedule was on sick leave during his shifts (September 1 and 2). Should he go to work the day after the sick leave ends (that is, September 3)?
No, you shouldn't. The employee must begin work on the next scheduled shift. In the situation under consideration (when working on a shift schedule: two days of work, then two days off), he must go to work on September 5.
It should be borne in mind that he is not required to work sick days. These days are excluded from the norm of his working hours.
Accountant's comment
Galina MEREZHKINA, accountant of the municipal unitary enterprise "Krasnoyarsk Housing and Public Utilities" (urban settlement Krasny Yar, Volgograd region):
– Disputes often arise regarding the amount of compensation for work on a non-working holiday. In particular, when instead of double payment to an employee (at his request) for working on a holiday, he is given another day of rest. Let's see how the calculation should be done. According to the law (Article 153 of the Labor Code of the Russian Federation), if an employee is given time off, payment for work on a holiday must be made in a single amount, and the day of rest is not subject to payment. If, for example, an employee was brought to work on June 12, 2009, and this work was carried out in excess of the monthly working hours, then if he is given another day of rest for that day (for example, June 30), 22 workers must be paid when calculating wages for the month days (21 working days (according to the production calendar) and 1 day for working on a holiday). Despite the fact that on June 30 the employee used a day of rest (which, as we said above, is not subject to payment), this should not affect his monthly salary in any way. After all, a day of rest in this case is considered as compensation for work on a holiday, which, according to Article 153 of the Labor Code, is provided in addition to salary.
What to do if the last shift goes beyond the fixed-term contract?
A fixed-term employment contract was concluded with the employee from March 20, 2008 to April 20, 2009. The work schedule is variable. Last shift from 20:00 April 20 to 08:00 April 21. On what date must the employee be fired?
Your employee should have been fired on April 20, since it was on this day that his employment contract expired. But since he was at work on April 21 (from 00:00 to 8:00) and fulfilled his duties, the employment contract with him is considered extended for an indefinite period. Consequently, it is no longer possible to dismiss him either on April 21 or later under paragraph 2 of part one of Article 77 of the Labor Code (due to the expiration of the employment contract). Since, according to Article 58 of the Labor Code, the urgent condition has lost force. From this moment on, it is possible to terminate an employment contract with an employee only on a general basis (for example, by agreement of the parties, in connection with a reduction in staff).
In order to prevent this from happening in the future, it is necessary to clearly monitor the expiration dates of employment contracts, and also take these deadlines into account when drawing up shift schedules.