The employer forces you to work 14-15 hours a day, is there any way to intimidate me? Samara

Applying a graph

The need for a shift schedule in an enterprise

Production may not be stopped, otherwise it may lead to unpredictable circumstances. To do this, it is necessary to establish a work schedule for employees in shifts, since one person cannot be employed around the clock, otherwise his rights will be violated. Malfunctions can also lead to equipment failure or failure to meet production targets.

These charts are used:

  • medical institutions;
  • fire departments;
  • boiler rooms;
  • railway and transport organizations;
  • airlines;
  • others.

All of the listed services and enterprises operate continuously, and if this cycle is disrupted, the unpredictable can happen.

Need for a schedule

A shift schedule is one of the important documents drawn up by an organization. This is the basis for calculating wages and recording employee working hours. Although it is not the main document, it has the force of accounting.

It is also worth taking into account that if the work is carried out continuously, it may be checked by inspection bodies. And the lack of a schedule may result in disciplinary action.

The number of shifts directly depends on the characteristics of the enterprise. Shifts may range from one to four as states allow. Moreover, workers in each shift can work from 3 to 12 hours a day.

How many people can work at the same time is decided on an individual basis. The main thing is that when organizing work at night, do not allow one person to work.

Night pay for certain categories of workers

A special amount of payment is provided for certain categories of employees:
1. Additional payment of 35%:

  1. railway and metro workers;
  2. workers working on river ships;
  3. housing and communal services workers;
  4. trade and catering workers;
  5. employees of motor transport companies, in the absence of shifts;
  6. workers of guard, paramilitary, fire protection.

2. 50% additional payment:

  1. workers working at pasta factories.

3. 75% additional payment:

  1. yeast factory workers working in shifts or continuously;
  2. textile workers;
  3. workers in plywood factories.

4. 100% additional payment:

  1. workers of bakeries, flour and cereal production enterprises.

There is an explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions No. 294/14-38 dated 05/07/1987, which states that if work at an enterprise is organized in several shifts, with a duration established by law, and more than half of the shift occurs at night, then all of it considered nocturnal. Accordingly, employees can receive additional payment not for night hours. Almost all of the exceptions described above are enshrined in acts from the times of the USSR. They are valid because no regulatory acts replacing them have been issued in Russia, and they have not been officially repealed.

How the issue is regulated by law

Provisions on working time in legislation

The Labor Code contains information regarding scheduling. Everything is described quite clearly, but you should pay attention to some issues:

  1. The duration of time during the week should not exceed 40 hours.
  2. A lunch break must be provided, the duration of which must be at least 30 minutes.
  3. Rest time must be at least 42 hours.
  4. It is the employer's responsibility to issue the task and monitor completion.
  5. If it is necessary to develop separate work schedules for each organizational structure in an enterprise, then the duration of the shift may also change. If the work time falls at night, then the shift is automatically reduced by an hour.
  6. When drawing up a schedule, you should take into account the norms of the Labor Code of the Russian Federation so that the rights of workers are not violated when paying wages and paying sick leave.

The employer forces you to work 14-15 hours a day, is there any way to intimidate me? Samara

Labor Code of the Russian Federation, Article 94. Duration of daily work (shift)

The duration of daily work (shift) cannot exceed:

for workers (including persons receiving general education or secondary vocational education and working during vacations) aged from fourteen to fifteen years - 4 hours, from fifteen to sixteen years - 5 hours, from sixteen to eighteen years - 7 hours;

for persons receiving general education or secondary vocational education and combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours;

for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift) established by part the second of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one - three of Article 92 of this Code:

with a 36-hour work week - up to 12 hours;

with a 30-hour work week or less - up to 8 hours.

Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Pay for labor

When calculating wages for work on a shift schedule, you do not need to adhere to standard frameworks. The total number of hours spent on work differs from the standard, and the hours may be more or less than required. That is, it turns out to be both a defect and a rework.

To avoid errors when calculating wages, it is necessary to reconcile the data with the norm regarding hours worked. If it turns out that overtime was allowed, then you need to recalculate the hours and be sure to issue an additional payment for the actual time worked.

When working according to a schedule on a day off, payment for work is made as for a regular day, and when working on officially established holidays, the employee is paid a salary at an increased rate, usually double the amount.

How is the work order established?

What documents contain the shift schedule?

If it is necessary to introduce a shift work schedule, this information should be reflected in the labor regulations, that is, written down in the local act of the enterprise. If there is a trade union in the organization, it is worth coordinating this action with its representatives; only upon receiving a reasoned opinion can this provision be put into effect.

The collective agreement must also indicate data on the use of a shift schedule.

In order for everything to be legalized, it is necessary to draw up labor agreements with employees and be sure to sign them by both parties. Agreements must include the number of hours and other information regarding the shift schedule.

The manager, as a rule, entrusts the preparation of the document to an employee of the human resources department or another specialist. The main thing is that there should be no questions about non-compliance with labor legislation.

What is night work and how is it paid?

According to Art.
96 TK, night time is considered to be from 22.00 to 6.00 am. Work during this period is recognized as night work. The employment contract specifies working hours; the employee signing the contract additionally signs his consent to work at night. According to Article 154 of the Labor Code, an employee working during the specified time period can count on additional payment for each hour of work. This article refers to Government Decree No. 554 of July 22, 2008, which states that the minimum additional payment is 20% of the hourly rate or salary calculated for 1 hour. The executive body has set a lower limit beyond which employers have no right to go. But the upper limit may be higher if it is approved in:

  • Collective agreement;
  • In a local act of a specific organization;
  • In the employment contract.

That is, organizations themselves can increase additional payments to their employees. We are talking about an additional payment for the watches themselves, and not for quality characteristics; for example, the additional payment is not affected by how much the employee produced.

How is a shift schedule formed?

The developed schedule must be approved by the administrative document of the enterprise. It must reflect the period for which it is valid, who is responsible for its creation, as well as other data.

The order must contain the following information:

  1. The name of the organization is written in the upper left corner, followed by the word “Order No.”
  2. By
  3. After the order part:

“Ensure the development and coordination with the trade union of a work schedule by December 4, 2015 to HR officer E.A. Syutkina

Labor organization engineer E.L. Bashkova to familiarize the employees with the document by 12/06/2015.

Control over the implementation of the Order is entrusted to the head of the personnel department E.V. Protopopov."

  1. Manager's signature.

Employees whose activities are related to shift work must be familiarized with the document, and the date and signature must be inserted. After this, you need to start preparing the immediate schedule. 30 working days are given for preparation before the start of the shift.

Each employee must also be familiarized with the schedule with a personal signature, this will indicate that the employee agrees to perform work in this mode. Once the schedule is approved, agreed upon and all employees are familiar with it, it will be a binding document.

The schedule can be prepared for any time period; this can be indicated in the regulatory documentation.

Some points related to payment for night work

Many employers who engage an employee to work on non-working holidays and weekends do not want to pay extra for night time, citing Article 153 of the Labor Code.
But the effect of Article 153 of the Labor Code does not cancel the effect of Article 154 of the Labor Code, therefore, the employer must pay for work on holidays and for night time. 20% should be calculated from the regular salary, and not from the salary with increased rates. If you work not under an employment contract, but under a civil law contract, the norm of Article 154 of the Labor Code does not apply to you. The amount of payment will be determined by the contract, and the employee actually finds himself without compensation for unfavorable working conditions.

Recommendation No. 178, given by the International Labor Organization in 1990, contains a clause stating that compensation can be replaced by reduced working hours. Russia has not ratified this act, therefore the Labor Code does not contain such an alternative.

Replacement in graphics

How the replacement is reflected in the graph

You cannot change anything in the approved document, but if there is an urgent need, then you must follow some rules. If the employer is forced to change the information in the schedule, then he must obtain the consent of the employees in writing, otherwise his actions will be considered illegal.

If any of the employees have unforeseen circumstances, they must write a statement in advance to the manager, in which they must indicate the request, and the request must be motivated. Employees who work with the employee must jointly be informed of this fact. If consensus is reached, then changes are made to the schedule.

However, in practice there are also situations when employees change on their own, while on shift, without notifying their immediate supervisor. This is strictly not allowed, as unpredictable circumstances may arise:

Nuances when creating a schedule

There is no officially approved form of the schedule, therefore each enterprise establishes its own form, the latter can be approved by an administrative document. But, most importantly, when compiling, take into account the following information:

  • codes and details of the organizational structure;
  • when the schedule was prepared;
  • place of preparation of the schedule;
  • the document itself.

The form is certified by interested parties, including the employer and head of the department, as well as by the person who compiled it. Moreover, it can be certified with the seal of the enterprise.

It can be written by hand or typed on a computer; format 11 is sufficient for registration.

Shift schedules developed at the enterprise are subject to mandatory registration in office work. When all stages of development, approval and familiarization have been completed, they must be transferred to the personnel department.

Storage is provided in a separate folder in a common file. Typically, the storage period is provided for no more than 5 years, and after that the graphics are destroyed according to the act.

( 2 ratings, average 4 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]