How much rest should there be after a 12-hour night shift and are they immediately put into the night? | Chelyabinsk

What it is?

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Rest between shifts is a fairly important time period that allows employees to recover from the previous work shift and begin their duties again the next day.

That is, within the framework of the law, this is the time that, according to the regime established in a particular company, is officially given to employees for rest between two working days.

Why is it important?

Even the lack of adequate sleep of less than 8 hours a day entails the risk of developing a number of psychological and physical diseases, given that the body does not fully recover and, as work continues, requires more and more energy expenditure, which is no longer available.

At the same time, minimal rest entails other equally negative consequences - the same inattention, slow reaction and a very mediocre thought process.

Now let’s imagine what could happen to a driver who slept only a few hours and was unable to react in time to a difficult situation while driving. If he turns the steering wheel even a fraction of a second later, people could get hurt. Or let’s remember the conveyor belt, where not only the quality of the products, but also their safety depends on the speed of the employees’ hands.

At the same time, another factor is important in the labor process, namely the presence of harmful conditions, which imply staying in a dusty room or vibration, not to mention radiation or other factors that harm human health.

But if you rest for at least 15 hours after a shift, the vestibular apparatus will restore its functions, the lungs will be ventilated, and the joints will get rid of fatigue due to repetitive movements.

Legislative norms

Of course, employers are interested in keeping full-time employees working as long as possible, producing more products and generating profit. But they do not think that excessive loads entail an increase in periods of incapacity, which, by the way, are paid at the expense of the company and incur additional costs.

And since one of the main functions of the state is to care for its citizens, including their health, a number of measures are provided at the legislative level that make it possible to provide workers with proper rest, contrary to the wishes of unscrupulous management.

They are set out in the following regulations:

• The main document that provides for the mandatory provision of time for recuperation is Part 5, Section 37 of the Constitution.
• Also, the obligation to rest is enshrined in the Labor Code of the Russian Federation, namely in Article 21, which defines the rights of workers.
• And the general concept of rest, as well as the procedure for its registration and provision, is regulated by the norms of Chapter 18 of the Labor Code of the Russian Federation.

At the same time, taking into account that each industry has its own characteristics, in particular, the same intensity of labor and other aspects, the procedure for calculating the same daily rest between shifts, as well as its length, is established by industry orders, agreements and other regulations.

Duration of rest between shifts

The length of breaks between shifts depends on how long the working day lasts. Its value in hours is not prescribed in labor legislation, but is regulated by instructions and rules developed at the enterprise. It is considered normal when the daily rest between shifts, taking into account the time for a lunch break, is twice as long as the working time. For example, under normal conditions the working day lasts 8 hours. The break between shifts should be 15 hours and a 1 hour lunch break.

This rule does not apply to workers who have a reduced work week, such as healthcare workers. Separate regulations establish rules for the work of drivers.

To whom is it provided?

Working relationships between the parties can arise for different reasons and types of agreements.

Thus, if the contract was concluded in the civil law regime, the work and rest regime is determined by the employee and his customer without defining a specific period for the performance of the work.

However, if there is permanent employment, secured by the terms of the same employment contract, compliance with the norms of providing daily rest between shifts is mandatory within the framework of the Labor Code of the Russian Federation, which regulates the second type of legal relationship.

In what cases is it permissible to recall an employee from vacation? You will find the order for granting leave to the General Director here.

Break between shifts

For drivers

The duration of the work shift is regulated by the Labor Code and regulations. In accordance with them, an employee should not work more than 40 hours a week. It follows from this that the duration of one shift during a five-day shift cannot be more than 8 hours.

Some exceptions apply to drivers' working and rest conditions. The rest between shifts for this category of workers cannot be shorter than twice the previous shift. It must be taken into account that lunch breaks are necessarily included in the inter-shift break.

It is allowed to break the break between shifts into several parts. The main condition is that one of its segments should not be shorter than 8 hours.

For health workers

The duration and working conditions of medical workers have certain specifics. In accordance with legislative acts, the working day of a worker in the healthcare sector cannot exceed 39 hours per week. Health workers are conventionally divided into categories, according to which the working week is set to:

• 24;
• 30;
• 33;
• 36 hours.

Accordingly, the duration of a health worker’s shift in a standard five-day week will be less than 8 hours. The break between shifts for them cannot be shorter than double the duration of the shift preceding it.

Daily rest between shifts in 2021

Labor relations are very diverse. And not all aspects are spelled out in the main document on labor - the Labor Code of the Russian Federation, given that in the regime of one legislative act it is impossible to take into account all the nuances, as well as the specifics of a particular industry or enterprise.

That is why, according to the norms of the Labor Code of the Russian Federation, some aspects of labor relations are regulated through industry agreements and local acts. This rule also applies to the length of daily rest between shifts, which is not specifically stated in the Labor Code of the Russian Federation.

It is worth considering that with a five-day working week, determining the rest between working days is not particularly necessary, since 15 hours is quite enough. But with a shift work schedule at enterprises with round-the-clock employment, the length of both shifts and rest between them is very important. Work in such institutions, as a rule, is also associated with harmful working conditions.

How many hours should there be between shifts?

Many companies are guided by standards established back in Soviet times. Thus, in 1929, the Resolution of the Council of Commissioners “On Working Time” was adopted, where in paragraph 11 it was stated that the rest time between shifts should be equal to at least twice the length of the working day itself, including a lunch break.

However, at the end of 2021, this act lost its force. What should we be guided by now in 2021?

Legislators do not consider it necessary to specify the issue of the length of rest between shifts because Article 91 of the Labor Code of the Russian Federation has already established a weekly working time standard, which also applies to companies engaged in continuous production.

Even if the institution uses the norm not for a week, but for an accounting period equal to six months or a quarter, there is quite enough free time for a good rest.

You should also take into account the fact that employers are given the right to independently determine their work and rest schedule, taking into account the specifics of work, as well as industry legislation. It is this that is used as the basis for developing an employment regime in a particular company.

Minimum break

As a general rule, the break between shifts cannot be less than twice the length of the shift itself with a lunch break together, which actually implies a legal minimum.

However, in some institutions that are occupied in special conditions - for example, on a rotational basis, rest can be 12 hours, even if the shift has a similar duration without a lunch break.

Duration for drivers

The work of drivers requires high concentration of attention, as well as ideal health, given that road safety depends on their reaction.

That is why for this category of workers, not only a special work schedule is provided in some cases, but also a regulated length of daily rest between shifts, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15.

This norm stipulates that a driver with a shift length of 8 hours or more can be provided with two lunch breaks for proper rest, but the duration of release from duties between shifts must be equal to at least double the length of the shift.

That is, with an 8-hour load, the driver must rest for 16 hours. Moreover, if the transport company is busy around the clock, the rest between shifts should be at least 12 hours.

Although in special circumstances, for example, during intercity transportation, the rest can be reduced by another 3 hours, that is, up to 9, but with the condition that after the trip the employee will be free for the next 48 hours before the next shift.

Can they not let me go on vacation? Information is in our article. How to fill out an employee’s personal card correctly? Read here.

Why do you need staffing? Find out here.

For medical workers

Being a physician means constantly guarding the interests of those under your care, which results in long shifts and overtime.

But doctors and medical personnel also need to rest, and no less than the norm, which, unfortunately, was determined by regulations back in Soviet times.

They are no longer in force, but are used as a basis, given that no other laws have been adopted to this day:

• So in paragraph 3 of the Letter of Explanation No. 02-19/21 of 1954 it is said that the length of rest between shifts for doctors should be equal to double the duration of the shift.
• At the same time, the Order of the USSR Ministry of Health No. 685 of 1987 stipulates that the working day is medical. staff cannot last more than 12 hours, even if we are talking about a night shift, but at the same time, by decision of the team, shifts can be increased to a full day.

That is, there is a slight contradiction, which, however, means that the length of duty is determined by the hospital administration in agreement with the Trade Union Committee, and taking into account the working time standards already established in the Russian Federation. However, no matter what the duration of duty is, rest should be equal to their double amount of hours.

At school

The employment of teachers is associated with excessive psychological stress. Therefore, for this category, the standard for teaching hours has been reduced from 40 hours per week to 35-20, of course, taking into account the position held.

At the same time, teachers are required to cover the difference between the same 20 and 40 hours by working with teaching materials and preparing for lessons, which in principle means having sufficient rest time, given that we are talking about at least 15 hours between each working day.

At the watchmen's

Many businesses have a security guard or watchman on duty, which has a standard five-day work schedule, but cannot leave company property unattended at night.

And since the guards work in a mode that differs from the standard one, a separate schedule is developed for them, taking into account working time standards for cumulative accounting.

That is, they can work both 8 and 12 hours in the evening and at night. But the inter-shift rest for this category, nevertheless, must be at least double the length of the worker, because otherwise the standard working time cannot be met.

When recording working hours in total

Summarized recording of working time in accordance with Art. 104 of the Labor Code of the Russian Federation is used mainly in institutions that have a continuous work schedule and it is quite difficult to adhere to a 40-hour weekly employment. That is why companies use accounting periods equal to a quarter or half a year, during which labor standards are observed.

For example, in a month there may be 160 working hours, in three months it will already be 480 hours. Moreover, in one month an employee can work 150 hours, but in another 170, which, in fact, will be the norm if we take a quarter. And since the standard working hours are always developed and take into account rest time, both between shifts and weekly, there will be no overtime, as well as violations of workers’ rights.

By the way, the employer has no right to violate working time standards, as well as to assign an employee to two shifts in a row; this is a direct violation of Article 103 of the Labor Code of the Russian Federation.

Also, the manager cannot allow overtime overtime, given that they are paid at an increased rate under Article 152 of the Labor Code of the Russian Federation, so the schedule will be drawn up in such a way as to take into account both labor legislation and the rights of workers to rest.

With a shift method

The procedure for organizing work on a rotational basis, as well as the process of drawing up a work schedule, is regulated by the norms of the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82, which, by virtue of Article 423 of the Labor Code of the Russian Federation, is still in force to this day.

Thus, clause 4.3 states that the length of a shift on a watch should not exceed 12 hours, but the time between shifts, if urgently necessary, can be reduced to 12 hours, taking into account lunch breaks, but with the condition of compensation for unused rest time in the period after the end of the watch .

Under hazardous working conditions

By virtue of Article 92 of the Labor Code of the Russian Federation, workers employed in conditions related to the 3rd and 4th degree of harm can be recruited to work only with a shortened working week, which should be no more than 36 hours.

Although, at the request of workers, their shifts can be increased at the rate of 40 hours of employment per week, but for a separate additional payment the difference is 4 hours.

And since the specified standard of working time assumes employment throughout the week, between-shift and weekly rest will be 132 hours, which is clearly enough for proper rest.

Read about the timing of quarterly bonus payments on our website. Is it necessary to keep a time sheet? Find out here.

Between night shifts

The law does not determine the duration of rest between shifts for any of the work schedules, but it does establish a standard working time.

If the employer provides too long a rest period, the work standard will not be met and the employee will be able to make claims for non-fulfillment of his rights to work, according to the working time standard. If the employment rate is exceeded, problems will arise with the regulatory authorities during the next inspection.

That is why many employers use the most optimal time-tested option for the duration of rest between shifts, namely rest equal to double the duration of the shift itself.

During irregular working hours

By virtue of Article 101 of the Labor Code of the Russian Federation, an irregular working day implies occasional involvement in work outside the established labor regime. And since it is impossible to foresee on which days an employee may need an extra hour or two at the enterprise, overtime is compensated for by additional paid leave.

And between-shift rest, in contrast to episodic involvement, is a constant value, and reflected in the schedule, which is why even after being called to work after the same emergency situation, the employee still goes to work on schedule, even if he managed to rest for a couple of hours less.

How much rest should there be after a 12-hour night shift and are they immediately put into the night? | Chelyabinsk

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Quote: Rest after a night shift - questions and answers

Rest after night shift

Summary

How long should you rest after a night shift? 12

How much rest should you have after a 12 hour night shift?

How long should a doctor rest after a 12-hour night shift?

How much rest do you have after a night shift from 18:00 to 10:00?

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Questions

1. How long should you rest after a night shift 12

1.1. Shift schedules must reflect the requirement of Art. 110 of the Labor Code on the provision of weekly uninterrupted rest of at least 42 hours. Daily (between shifts) rest must be at least twice the duration of work in the shift preceding the rest.

1.2. Good day!

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours.

Those. You must be paid for at least 10 hours per shift. You have the right to appeal to the labor inspectorate, prosecutor's office, or court.

Based on Art. 100 of the Labor Code of the Russian Federation, the working time regime must provide for the length of the working week (five days with two days off, six days with one day off, a work week with days off on a sliding schedule, part-time work week), work with irregular working hours for certain categories of workers, duration of daily work (shift), including part-time work (shift), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days, which are established by internal labor regulations in accordance with labor legislation . Further, in accordance with Art. 91 Labor Code of the Russian Federation:

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

Normal working hours cannot exceed 40 hours per week.

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

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

By virtue of Art. 97 of the Labor Code of the Russian Federation, the employer may engage in overtime work for work outside the established working hours (Article 99 of the Labor Code of the Russian Federation).

Thus, the duration of working hours cannot exceed 40 hours per week, and if it exceeds the established standards, then the employer is obliged to make additional payments (Article 152 of the Labor Code of the Russian Federation, etc.).

2. How long should you rest after a 12-hour night shift?

2.1. The duration of daily rest (between shifts, etc.) for employees of enterprises and institutions, in any case, should be, together with the lunch break, no less than twice the duration of work on the working day (shift) preceding the rest.

Those. If the shift is 12 hours, then the rest between shifts is 24 hours.

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3. How long should rest last after a 12-hour night shift with a medic.

3.1. Hello. According to Art. 108 of the Labor Code of the Russian Federation, during the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

4. How much rest is required after a night shift from 18:00 to 10:00?

4.1. When moving from one shift to another, the inter-shift rest cannot be less than twice the duration of the previous work shift (clause 11 of the Resolution of the Council of People's Commissars of the USSR dated September 24, 1929). This Decree is in force in the Russian Federation to this day.

5. How many hours of rest are provided after night shifts? Is it possible to schedule 4-5 night shifts in a row?

5.1. At least all night shifts can be included in the schedule. Only the general norms of the Labor Code are taken into account - there must be a weekly break of at least 42 hours, the general standard of working time is no more than 40 hours per week, on night shifts work is reduced by 1 hour.

6. How much rest do I have after a night shift? Today they set me to work at night, I’ll finish work on Monday at 3 am, and go to work on Tuesday at 6-20

6.1. Article 96 of the Labor Code of the Russian Federation. Work at night Download the Labor Code of the Russian Federation Print Share Night time is the time from 22:00 to 6:00. The duration of work (shift) at night is reduced by one hour without further work. (as amended by Federal Law No. 90-FZ of June 30, 2006) The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise not provided for by the collective agreement. The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations. Consultant Plus: note. Guarantees and benefits provided to women in connection with motherhood apply to fathers raising children without a mother, as well as to guardians (trustees) of minors (see Article 264 of the Labor Code of the Russian Federation). The following are not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with the medical report. In this case, these employees must be informed in writing of their right to refuse to work at night. (as amended by Federal Laws dated July 24, 2002 N 97-FZ, dated June 30, 2006 N 90-FZ) Night work procedures for creative workers in 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 of works, 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, may be established collective agreement, local regulatory act, employment contract. (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated February 28, 2008 N 13-FZ)

6.2. Good afternoon

The work schedule is set for you by your employer, the main thing is that there are no delays based on the total for a month or another period, if you have a summarized recording of working hours

Best wishes.

7. The employee worked his shift and went home at 17.00. there was an emergency and at 20.00 they called to work, by 11.00 (having worked all night) the employee was free, but the boss says the following. If you go home now, you will have to show up at work tomorrow at 12.00 (after lunch).

How should it be according to the Labor Code? For the night shift there is double pay, this is one option.

For a night shift, are you provided with rest according to the hours worked and at double the rate?

Which options are legal?

7.1. Hello.

The employee has the right to choose his option: double pay or regular pay plus time off. There is no option for time off equal to double the time worked.

8. An employee’s 8-hour work schedule was transferred during the period of another employee’s study leave to a schedule from 8 to 20-00, from 20-00 to 8-00. Study leave until the 29th inclusive and a replacement worker's shift from 2-00 to 8-00 is also on the 29th. What date should an employee work according to his schedule for 8 hours on the 31st or use rest after a night shift of 48 hours, i.e. on the 1st?

8.1. In any case, he should be given rest between shifts. If they do not provide it, then you can refuse such work with reference to Art. 379 of the Labor Code of the Russian Federation, indicating that such work threatens your health. Write a written refusal.

Labor Code of the Russian Federation

Article 379. Forms of self-defense

For the purpose of self-defense of labor rights, an employee, having notified the employer or his immediate supervisor or other representative of the employer in writing, may refuse to perform work not provided for in the employment contract, as well as refuse to perform work that directly threatens his life and health, except in cases provided for by this Code and other federal laws. During the period of refusal of the specified work, the employee retains all rights provided for by labor legislation and other acts containing labor law norms.

For the purpose of self-defense of labor rights, an employee has the right to refuse to perform work also in other cases provided for by this Code or other federal laws.

8.2. 29 the employee does not come out.

And he will go to the next shift on the 31st.

Art. 91 of the Labor Code of the Russian Federation indicates:

“The employer is obliged to keep records of the time actually worked by each employee.”

8.3. Night work is work from 22:00 to 06:00 in the morning. (Article 96 of the Labor Code of the Russian Federation) He should not perform the duties of the 29th because he is on study leave. He goes back to his schedule after the end of his study leave.

8.4. According to Article 110 of the Labor Code, the duration of weekly continuous rest cannot be less than 42 hours. Leave on the 1st.

9. I have a question. I work 8 hour day shifts. The boss puts me out for one night, 8 hours, on the night shift due to production needs. What will be the salary and what rest will be provided after the night shift?

9.1. Good afternoon The employer is obliged to notify you of payment by order in advance, before additional work

9.2. Hello. For every hour of night work + 20% to your salary. There are no additional hours of rest for working at night.

10. How many hours of rest should there be after a night shift, if day 1 is from 8 a.m. to 5 p.m. and day 2 is from 8 p.m. to 8 a.m. https://www.9111.ru/%D0%B7%D0%B0%D0%BA %D0%BE%D0%BD%D1%8B_%D0%B8_%D0%BF%D1%80%D0%BE%D1%87%D0%B8%D0%B5_%D1%82%D0%B5%D0 %BC%D1%8B/%D0%BE%D1%82%D0%B4%D1%8B%D1%85_%D0%BF%D0%BE%D1%81%D0%BB%D0%B5_%D0% BD%D0%BE%D1%87%D0%BD%D0%BE%D0%B9_%D1%81%D0%BC%D0%B5%D0%BD%D1%8B/

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Employer's liability for non-compliance

Compliance with the standard hours of both work and rest is one of the constitutional guarantees that must be provided to all workers.

If for any reason the specified values ​​are violated, an unscrupulous or inattentive manager will face penalties under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (499) 938-81-90 (Moscow)

+7 (812) 467-32-77 (Saint Petersburg)

8 (800) 301-79-36 (Regions)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

Working time and rest time

Responsibility for violation

The legislation provides for the liability of the employer for violating the duration of breaks between shifts for workers, including drivers and medical workers. In particular, the Code of Administrative Violations provides for a fine for the head of the enterprise in the amount of up to 3,000 rubles for failure to comply with the minimum duration of breaks between driver shifts established by law. In addition, such a violation can be considered as a failure to comply with the requirements and conditions necessary to obtain a license. Therefore, it can lead to more serious consequences, including deprivation of the organization’s license to carry out road transport.

From 2021, it is expected that penalties for violating the work and rest schedule of drivers will be tightened.