What does it mean to work a shift? Shift work method: samples of basic documents. Shift method: working conditions

Sometimes there is a need to hire employees to work remotely. Such activities are particularly specific. It is regulated in a separate manner by the Labor Code of the Russian Federation.

Basic theses about shifts according to the Labor Code of the Russian Federation

The list of structures that have the right to use rotational work is established by Resolution of the State Committee for Labor of December 31, 1987 No. 794/33-82:

• Subjects of the oil and gas industry.
• Construction education.
• Public catering places.
• Transport companies.
• Subjects of health protection.

The concept of the considered method of work is disclosed in Article 297 of the Labor Code of the Russian Federation. This is a type of work organization in which an employee works far from his place of residence and cannot return home. The shift is used to reduce the delivery time of the project, if it is necessary to work in uninhabited areas and in areas with special natural conditions. The decision to use a given method of work is made if it will be most effective in this situation. To determine the effectiveness of the method, technical and economic calculations are used. The rotation method can be established both for the entire company and for certain teams and locations.

ATTENTION! The employer is obliged to provide employees with all conditions for comfortable work during shift conditions. In particular, he must build workers' towns or villages in which workers will live. A dormitory can be used for workers' accommodation. It is paid by the employer. This rule is stipulated by part 3 of article 297 of the Labor Code of the Russian Federation. In any case, the accommodation of employees is the responsibility of the employer.

Duration of watch

A shift period is a time period that includes the shifts themselves, as well as rest periods between them (according to Article 299 of the Labor Code of the Russian Federation). The maximum duration of a shift is a month. However, the period can be extended to 3 months if there is permission from the trade union, the procedure for obtaining which is established in Article 372 of the Labor Code of the Russian Federation. The maximum duration of a shift is 12 hours, the minimum duration of rest between shifts is 12 hours.

An employee may underuse rest hours between shifts. They can be summed up and then provided in the form of days off. The number of daily days off should not be less than the number of weeks in a month.

Who can't work on a shift basis?

According to Article 298 of the Labor Code of the Russian Federation, the following persons cannot be involved in the watch:

• Minors.
• Pregnant women.
• Mothers of children under three years of age or fathers raising children under 3 years of age alone.
• People with relevant contraindications.

The list of contraindications, in the presence of which an employee cannot be involved in the work in question, is determined by Order of the Ministry of Health and Social Development No. 302.

How is shift work paid?

Payments and guarantees provided to workers are determined by Article 302 of the Labor Code of the Russian Federation. The first and eighth parts establish the following rules:

• Daily tariff rate and allowance for the time spent in the rotation work area, as well as for days on the road.
• Tariff for delays in transit. In this case, there must be a valid reason for the delay: weather conditions, transport problems.

The amount of the shift allowance is regulated by law if it is a budget company. If this is not a budget organization, the amount of the bonus is determined by internal regulations. If this is a company whose activities are financed from the federal budget, the premium is established by Government Decree No. 51 of February 3, 2005.

IMPORTANT! If a worker travels to the Far North or regions equivalent to it, in addition to the allowance, it is necessary to list the coefficients and additional allowances regulated by part 5 of Article 302 of the Labor Code of the Russian Federation. The coefficient will be calculated not on the basic allowance, but on the tariff rate. This is due to the fact that the bonus is compensation, not salary (according to Articles 129 and 164 of the Labor Code of the Russian Federation).

Providing leave

The employee is given annual paid leave of 28 days. Graduation graduations are calculated in the standard manner. It is performed based on the average salary.

Let's look at an example of a calculation. The employee was on shift for a month. Of these, he rested for 15 days and worked for 15 days. As a rule, rest days are taken into account when calculating. The average daily earnings is 1,000 rubles. We multiply the daily salary by the number of vacation days:

1,000*28 = 28,000 rubles.

This is the amount that the worker receives as vacation pay.

Additional leave

The employee is given additional leave. This right is established by part 5 of Article 302 of the Labor Code of the Russian Federation. Duration of this holiday:

• 24 days for persons working in the Far North.
• 16 days for workers working in conditions similar to those of the Far North.

Vacation is paid in the standard manner.

Responsibilities of the employer to the employee and tax accounting

The entrepreneur must pay all transportation costs associated with moving the employee to the shift site. Expenses are provided for by internal regulations. The company's own vehicle can be used for transportation. In this case, according to Article 264 of the Tax Code of the Russian Federation, the corresponding expenses must be taken into account as part of the costs of maintaining official vehicles. Shipping costs are subject to tax.

The employer is obliged to create a rotational camp for employees to live. Related expenses will be classified as other expenses. Payment for accommodation will not be subject to taxes and insurance premiums.

Documentation of the watch

The use of the rotation method is approved by the employer. In this case, the opinion of the trade union must be taken into account. Approval of a watch is made by issuing a regulation or order. Employees must be familiarized with the document. The following information must be included in the documents:

• Approval of shift work schedule and internal work schedule (in accordance with Article 190 of the Labor Code of the Russian Federation).
• Approval of labor time recording.
• Conditions for issuing wages and compensation.
• Duration of the watch.
• Trade union approval.

ATTENTION! Foreign citizens can also be involved in the shift. However, the registration procedure must comply with the requirements for attracting foreigners to work. Within a week from the date of arrival of the foreign specialist, the migration registration authorities must be notified of this fact.

The employer must establish a work schedule. It is needed to track time (according to Article 300 of the Labor Code of the Russian Federation). The schedule must be agreed upon with the union. Employees must be familiarized with the document 2 days before the schedule goes into effect. This rule is established by Article 301 of the Labor Code of the Russian Federation. The schedule should establish:

• Working hours, including overtime.
• The time required to transport employees to their shift.
• Rest period.

Overtime should not exceed 120 hours per year in accordance with Part 6 of Article 99 of the Labor Code of the Russian Federation. Otherwise, the relevant services may identify violations.

FOR YOUR INFORMATION! Shift work can only be established if the place of work is located far from the head office. Otherwise, questions may arise. However, sometimes this rule is broken.

Shift work is especially popular in Russia. Entire sectors of the economy operate largely based on this format. Shift work - 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?

Shift work involves a person performing labor functions outside his or her permanent place of residence. As a rule, on a periodic (seasonal) basis. Traditionally, a rotational work method is typical for such areas as oil and gas production, logging, mining 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 types of allowances are added to the salary, the value of which is already quite impressive. As a result, earnings become even greater.

Let us note that working on a shift is not always connected with a trip to the North. For example, many labor contracts were concluded in this format during the preparation of the Olympics in Sochi. In a place where many people go to spend money rather than earn money. Of course, exciting trips to other interesting places in Russia are also possible.

Working conditions

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

It is known, for example, that in the polar zones there is a much lower percentage of oxygen in the air than, say, in the middle zone. When choosing a shift work method, a person must understand what it is. And objectively assess your capabilities in terms of compliance with this format of work.

Accommodation

It is assumed that the shift method of work involves difficult conditions not only in terms of climate, but also accommodation. Everything, however, depends on the criteria by which to evaluate the comfort of life. As a rule, shift workers have at their disposal, although small in area, fairly well-equipped resources for living. Modern modular designs allow the employing company to quickly build housing with acceptable infrastructure: water supply, electricity, heating. The structure of living quarters for shift workers, as a rule, includes dining rooms, leisure rooms, and the ability to access the Internet. The law requires the employing company to ensure a reduction in the time spent traveling for employees from their place of residence to the facility where work is expected to be performed.

At the same time, the shift worker is checked by a special commission before putting him into practical operation. Its members include representatives of the employing company, officials of the municipality in whose territory the shift will operate, in some cases - union employees, and specialists from various government services. Upon inspection, a certificate of acceptance of the complex into operation is supplied. The rotational camp is intended 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 objects are erected), everyone must leave the housing complex. An option is possible in which work on a rotational basis with accommodation is organized without the construction of a separate complex. In this case, the hiring company places people in hotels or corporate apartments.

Types of watches

There are two main options for organizing shift work. Firstly, this is an intraregional format. He assumes that the duration of work on 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 interregional watch, sometimes called an expeditionary watch. The duration of work here is usually much longer, as is the distance from the cities of residence.

The difference between a shift and a business trip

There is a misconception that a shift is a type of business trip. This is wrong. The fact is that a person who is sent on a business trip by his employer is carrying out an official assignment.

In this case, payment occurs, as a rule, within the framework of the current salary and allowances. In turn, the rotational method of organizing work implies that a person travels to a remote site in order to perform not an assignment, but a separate function of a labor nature. In the second case, a separate contract is often concluded, which fixes the salary and other working conditions. When traveling on business, as a rule, changes are not 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 contains sections that contain special wording adapted to this employment format. Let's study them. There is an opinion that the rotational method of work in Russia has largely become popular not only because of high salaries, but also due to the provisions of labor legislation that are loyal to hired employees. Is it really? Shift work method - 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 work on a rotational basis. In particular, a definition of this format of work is given. According to the legislator, the rotation 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 the 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 necessary work, such as construction, reconstruction or repairs in areas characterized by special natural conditions. It is also possible that a rotational work method is a way to reduce the corresponding costs when an enterprise carries out production activities.

Working hours

The work regime during a 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? Shift 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 the hours, and the main rest is assumed after the shift workers return to their home. A place of work is recognized as an object where people perform their direct labor functions. Moreover, if periodic moving 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 the hired employees. For example, shift work in the North often involves moving between different fields, or, if it 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 performance of labor functions by shift workers within the limits of their presence at the site. Therefore, when approving it, the employer must coordinate the provisions of this source with the opinion of the hired employees (usually represented by the representative). The main document in which the schedule is documented is the Regulations on Shift Work, which has the status of a local legal act.

What are the main criteria that, in accordance with the law, must be followed by the employing company when drawing up the document in question? The Labor Code of the Russian Federation prescribes that the total duration of working hours during the period people are on shift 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 on an individual basis. The second option is possible, for example, in cases where a person who is finishing his work duties and is about to leave needs to transfer powers to his future deputy.

Rest

The main legislative document regulating the shift method of work, the Labor Code, contains the term “rest between shifts.” Its meaning is defined as follows. These are days of rest (sometimes called compensatory days), which appeared as a result of hourly overtime of the working hours established by the work schedule at the rotational site. 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 the frequency of such time off can reach several times a year. Also, inter-shift vacation differs from 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 overtime hours is divided by 8 (based on the standard working day according to the Labor Code). At the same time, an option is possible in which inter-shift rest will be paid in the amount of salary. In practice, this is possible if the corresponding time off is provided by the employing company in the form of compensation for extra hours within the accounting period.

Regarding the relationship between 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 overtime must be provided. And only after a person uses them, he can go on a standard vacation. In this case, the days that make up the inter-shift leave must be included in the total length of service, on the basis of which leave is also calculated.

Overtime

The Labor Code of the Russian Federation allows that shift workers can provide overtime not only in terms of their own initiative (and in this case, qualify for inter-shift rest), but also by virtue of management orders. In this case, their activities will take the form of overtime work. The reasons that may determine the corresponding initiative of the watch management may be different. A common scenario is that the need to perform overtime work arose due to the fact that the team replacing the one currently working did not arrive on time. If a person is involved in overtime work, then wages are calculated at one and a half or double times, depending on the specific conditions of the employee’s performance of labor functions.

Let us note that with regard to the organization of working time and rest for medical and pharmaceutical employees who perform their labor functions by 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 hired employees, also apply to specialists of the specified profile.

Above, we outlined the thesis according to which the rotational 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 in many respects this is true. Despite the fact that, for example, the law allows employer companies to establish a 12-hour working day, at the same time, it is prescribed that shift workers be given days off, as well as opportunities to exercise the right to inter-shift rest and regular vacation. In addition, overtime is paid at one and a half or even double the rate. Russians who know what shift work is and leave positive reviews often emphasize 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.

Adjustable Labor Code of the Russian Federation shift method of work- a specific form of labor relations between the employer and employees. In addition to the Labor Code of the Russian Federation, it is regulated by another legislative act in the field of labor - a resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR« On approval of the main provisions on the shift method of organizing work» dated December 31, 1987 No. 794/33-82.

When is it necessary to use a rotational work organization method?

In the modern economy, there are some economic sectors that, due to the specifics of their functioning, require workers to be located at a considerable distance from their permanent place of residence. Such activities may be associated with the construction of various construction projects, the organization of transport routes, the creation of closed military facilities, etc. To carry out these works, it is necessary to organize relationships between enterprises and workers who are sent on shift to perform their professional duties.

Resolution No. 794/33-82 contains a list of organizations that can primarily use shift work as a form of organizing labor relations between the employer and staff. In particular, these are enterprises related to the oil or gas industry, transport and communications, construction or geological exploration, forestry, etc.

What is a shift work method according to the Labor Code

The rotation method of organizing work is a form of labor relations in which employees perform their professional duties away from their permanent place of residence, and therefore do not have the opportunity to return home every day. They have to live in another territory for some time, and at the same time, the employer is legally obliged to provide them with the necessary conditions for living. With this method of organizing work, special carriage camps are used, consisting of buildings and utility facilities, the purpose of which is to create conditions for the life of employees involved in rotational work. Also, employees sent on shift can live in rented housing (for example, in dormitories), the costs of which are financed by the employer.

The shift has economic feasibility, since it allows you to reduce the cost of transporting employees to the actual place of their work, as well as shorten the period of construction or repair work on facilities that have social or production significance and are located in remote areas with specific natural and climatic conditions.

How is a shift established at an enterprise?

The decision to use the rotation method of organizing labor relations is made by the management of the enterprise, which must make technical and economic calculations of the need and effectiveness of using labor relations of this kind. These calculations are reflected in special design and technological documentation, on the basis of which a conclusion is formed on the use of the rotation method.

In addition, when establishing a rotation method, it is necessary to draw up an order or directive, which is developed taking into account the opinion of the elected body of the trade union organization. This document reflects the information:

• on the organization of a rotational work method at the enterprise from the established date;
• on settlements with personnel during shift work using summarized recording of working hours;
• on determining the terms of remuneration, as well as the duration of the shift;
• on the development of a shift schedule as an annex to the order;
• on obtaining approval for the use of the rotation method from the trade union organization.

This order is required for familiarization by all employees directly related to the rotational method of forming labor activities at the enterprise.

Formation of a rotation team

The use of the rotation method of organizing labor relations can be used both as a whole for the entire personnel of the enterprise, and for its individual teams or sections. The formation of a rotation team occurs through the selection of employees who agree to temporarily move to another territory to perform their professional duties. The employer must ensure (or compensate) the delivery of personnel from a specially designated place (collection point) to the shift and back (at the end of the shift). The movement of workers from their place of residence to the place of assembly can also be organized or compensated by the employer, but such compensation remains at the discretion of the employer.

IMPORTANT! It should be noted that a shift is not a business trip; it is just a specific form of organizing labor relations between employer and employee.

Restrictions associated with working on a rotational basis according to the Labor Code of the Russian Federation

Peculiarities of labor regulation for persons working on a rotational basis reflected in the Labor Code of the Russian Federation. When organizing work, there are certain restrictions that the employer must take into account when hiring and sending employees on shifts to remote areas. Such restrictions apply to the following categories of employees:

• employees under 18 years of age;
• women who are pregnant or have children under 3 years of age;
• men raising children under 3 years of age without a mother;
• guardians raising children under 3 years of age;
• employees who, in accordance with a medical report, are contraindicated to perform work based on the use of a rotation method.

It should be noted that the list of contraindications for performing work on a rotational basis was established by order of the Ministry of Health and Social Development of Russia “On approval of lists of harmful and (or) hazardous production factors...” dated April 12, 2011 No. 302n.

It should also be said that workers sent on shift to remote areas with unfavorable or severe climatic conditions must undergo a preliminary (primary) medical examination, and then (at least once a year) periodic medical examinations. All inspections must be carried out at the expense of the employer.

Duration of shift work

The total duration of the shift cannot be longer than 1 month, but the law also allows the duration of rotation work to be up to 3 months if special circumstances of production activities require it. This point must be agreed upon with the elected body of the trade union organization (Article 372 of the Labor Code of the Russian Federation) by submitting for consideration a specially developed local regulatory act of the organization on the shift method of work of employees.

Compensation for irregular working hours

Since the rotation method of organizing labor relations differs from the generally accepted 40-hour work schedule per week, the employer is required by law to provide its employees with certain guarantees and compensation. In accordance with this, in addition to standard wages, employees are also entitled to a special bonus for working on a rotational basis. It is established for all calendar days that the employee is in the territory where he performs his work duties. In addition, this bonus is paid for those days that the employee spent traveling from the place of assembly to the place of his actual work and back. In this case, this allowance is accrued instead of the daily allowance, which is paid when a person is sent on a business trip.

The amount of the bonus for shift work and the procedure for its payment to personnel must be regulated by a special local regulatory act of the company on the organization of rotation work, a collective agreement, and an employment contract.

Compensation for difficult working conditions

In addition to the bonus, employees have the right to a regional coefficient and special percentage bonuses if they are sent for rotational work in the Far North or equivalent territories. It should be noted that the regional coefficient and special percentage bonuses are not charged on the bonus in connection with the rotational form of labor relations, since the bonus itself is a compensation payment, and not part of the salary on which these bonuses and the coefficient are calculated.

Providing additional vacation days

It should also be said that employees hired or transferred to a rotational work schedule have the right not only to the basic annual paid leave of 28 days, provided in accordance with labor legislation, but also to additional paid leave:

1. If the employee is located in the Far North, it is equal to 24 calendar days.
2. If an employee is located in a territory equated to the regions of the Far North, it is equal to 16 calendar days.

Read more about allowances in the article .

You can learn about vacations in the Far North from the material .

Work and rest schedule during shifts according to the Labor Code

The work and rest regime when organizing work on a rotational basis is reflected in a special schedule, which is developed and approved by the employer, and the opinion of the elected body of the trade union organization must be taken into account. The developed local regulatory act is required to be studied by all employees of the organization with whom labor relations of this kind are formalized. Employees must be familiarized with this document no later than 2 months before its approval and entry into force.

In addition to the shift work schedule, the schedule also includes the time required to transport employees from the initial assembly point to the final point of performance of their work duties and back. This time is not included in the working period, and therefore may well fall on days related to the period of inter-shift rest.

What points must be indicated in the shift work schedule?

This document provides the following main points related to shift work:

1. The work shifts for each specific employee are directly indicated, indicating the number of hours that he must work on that day.
2. The time it takes to travel from the collection point to the destination and back is reflected.
3. The days falling on inter-shift rest are indicated.

Using summarized accounting when calculating wages

A work schedule is necessary in order to calculate employee wages, since summarized working hours are used for this. The period of such accounting cannot exceed one year. The accounting period includes the entire period of shift work, that is, not only working days, but also the time required to travel from the gathering place to the shift site, as well as the rest period between shifts. Working hours are recorded for each employee with a monthly breakdown for the entire annual accounting period.

Shift work cycle and shift duration

In general, the full cycle of shift work can be presented as follows:

• the time it takes to travel from the collection point to the final point of performance of work duties;
• time spent on direct performance of job duties;
• the time it takes to travel from the place of watch to the place of initial assembly;
• time during inter-shift rest.

The duration of one daily shift on watch cannot exceed 12 hours. The duration of daily rest can be reduced to 12 hours, including lunch breaks during this period.

Payment for inter-shift rest days

Since each day of the shift is associated with overtime within the limits established by the Labor Code for the duration of working hours, it must be compensated by the fact that days of inter-shift rest are paid using the daily tariff rate or part of the salary for calculations. This calculation is used if the collective agreement or local act on the organization of rotational work does not provide for higher pay. To do this, you need to calculate the number of days of inter-shift rest using the following algorithm:

1. The normal number of working hours for the accounting period is calculated.

2. The number of working hours is calculated according to the schedule.

3. The number of hours of overtime or underproduction is determined in relation to the standard established by law.

4. The number of hours and whole days that relate to days of inter-shift rest is established.

Overtime working hours, presented in whole days, are added to the days of inter-shift rest and paid based on the tariff rate or salary, and non-whole days (that is, hours) are transferred to another rest period and summed up. After the summed parts reach entire working days, they can be added to the inter-shift rest in the form of additional days.

You can learn about recording working hours using the rotation method of organizing work activities from the article .

Results

The shift method of work differs to a certain extent from the standard work mode with a 40-hour work week, because the main feature of the rotation organization of work is the significant distance of the workplace from the employee’s place of permanent residence. In connection with this characteristic of the shift, a special form of relationship is established between the employer and the employee, which entails the provision of special guarantees and compensation to the employee in accordance with the labor legislation of the Russian Federation.

In labor law there is such a thing as “rotation work”. Due to its specificity, it is associated with many features.

What is “shift work”?

The definition of this method of carrying out labor activity is given in Article 297 of the Labor Code of the Russian Federation. As stated in the Code, this a specific way of organizing an employee's work, due to production needs.

Its distinctive feature, in accordance with the provisions of the regulatory legal act, is the employee is unable to return home. Method applied if necessary, speed up deadlines completion of repairs or construction of facilities, as well as when workplaces are located in remote areas.

Large enterprises often invite specialists from other cities as mentors or assistants. Moreover, they can continue their work in a “new place” for several weeks or even months.

Time spent by an employee in another city or country due to business needs will also be considered a shift.

At first glance, it may seem that the principle of organizing a shift is identical to business trips. However, it is not. Here we are not talking about a one-time duty, but about regular work outside of permanent residence. Moreover, the employer is obliged to provide all conditions for both work and rest.

Depending on the conditions, under the shift method, employees either live in specially constructed villages or in premises provided by the employer. In this case, all expenses for renting housing are borne by the employer.

Work and rest schedule

First, you need to understand what is meant by a shift and what is meant by rest. In accordance with Article 299 of the Labor Code of the Russian Federation, a shift is the time that an employee spends to perform his functions at the site. Drawing a parallel with a regular working day, this is the working day of a shift employee.

The shift schedule is developed by the employer. However, it must not contradict the requirements established by the Code.

Article 299 states that a daily watch cannot exceed 12 hours. If the count is not for days, but for months and weeks, the employee’s stay at the workplace should not exceed a month.

The employer has the power to increase it. Maximum period - up to three months. However, this must be necessary, justified and documented.

By rest we mean the time an employee spends recovering energy spent on overtime. After all, any shift entails overtime - the shortest is 4 hours longer than the classic working day. This means that the employee spends more energy on performing functions and tasks.

According to the rules, the shortest rest period is 12 hours. It can be reduced to this value according to production needs. However, such a schedule - 12 through 12 - will lead to the fact that in two weeks the employee will complete the monthly requirement of hours and the remaining days will be recycled. And then - in compensation, which is very expensive.

Another legal requirement is a minimum number of rest days. For example, in a month, it must be no less than the number of weeks in it, namely -4. Every employee whose work is organized on a shift basis can count on this number of days off.

In general, such a watch schedule is rare. It is usually developed in cycles that are repeated, and depends on the number of employees and the type of work - round the clock, day or night. Classic option -2 through 2, but there are other variations.

How is payment made?

Employee work organized on a rotational basis, in monetary terms is assessed on general economic principles. They are based on the tariff rate for time worked (hours/minutes) or the cost of a unit of production. However, with a shift method also there is a system of bonuses that make him so attractive . These include:

• overtime work;
• payment for additional days of rest;
• allowances.

Particular attention should be paid to the last point. Salaries can be increased:

• regional coefficients. If an employee works in the Far North and in a region whose territory is equivalent to it, he is additionally charged 75% of the rate or salary; for the Siberian regions and the Far East the figure is 50; for others - 30%;
• bonuses established by the collective agreement;
• additional payments for special working conditions.

The amount of the second and third allowance is established by law or internal regulations of the enterprise.

The system on the basis of which payments are made can be any. In its pure form: tariff, based on salary, piecework, etc., it is also a combination of them - piecework-bonus, time-bonus, etc.

The method of calculating working time is cumulative. It is used to track the time of work in which the weekly working hours established by law are not observed and has several distinctive features.

The calculation is based on the salary and standard working hours for the accounting period (week, month or year). The quotient of these values ​​is multiplied by the number of hours worked by the employee. As a result, the salary is displayed.

For example, the monthly salary is 50 thousand, the norm is 150 hours, 128 are processed.

(50000: 150) * 128 = 33,33 * 128 = 42666

An employee should receive a little more than 42 thousand for the time worked this month.

Employees who work on a rotational basis, like everyone else, are subject to bonuses. There are no legal restrictions here. The calculation of the incentive amount depends on internal regulations. Bonus days spent by the employee on inter-shift rest should not be taken into account.

Who pays for travel to the site and accommodation for the employee?

The cost of travel is the responsibility of the employer. However, there is a condition. It is regulated by Article 302 of the Labor Code. The employer, at his own expense, organizes transportation of employees from the collection point to the place of work. Where this starting point will be located is also determined by the boss. Moreover, the document does not establish its distance from the object.

Most often similar “combined” fare payment method is set for remote objects. If the place of work is located within the city, then the financial burden of paying for travel falls on the shoulders of the employee himself. However, if the boss is very interested in the employee’s work, the law does not prohibit spending corporate funds on transporting an employee to his place of work.

It is worth noting that the time that employees are on the road when traveling from the collection point to the place of work is paid as working time. Even if the delay occurred due to conditions beyond the control of the company, for example, due to bad weather, etc.

Disadvantages and advantages of "watch"

The differentiation of working conditions on a rotational basis into positive and negative is a faster condition than the real one. After all, everything depends on the person who decided to formalize the employment relationship in this way.

One of the disadvantages The rotation method, so to speak “official”, can be considered the restrictions established by law. For example, the Code prohibits formalizing relationships in this way with pregnant women, teenagers, mothers of children under three years of age, and with persons who have contraindications. Even if the employee himself is ready to go against the letter of the law and organize his work on a rotational basis.

The main advantage of shift work considered high earnings. The fact is that it is often associated with dangerous production or special working conditions, which entails many premiums.

But, on the other hand, regular changes in temperature and climate, and the lack of a unified sleep and rest schedule puts too much stress on the body. He becomes exhausted faster and is more susceptible to disease. Only a few are capable of working in such a mode for a long time. Therefore, the rotation method for many becomes a way to improve their financial condition, but only for a while.

Also, many consider the disadvantages lack of necessary infrastructure in villages. The absence of entertainment venues that are familiar to us, and sometimes even things that have become familiar and necessary: ​​satellite television, the Internet, supermarkets.

However, everyone can judge for themselves whether this is really a minus.

Watch the video to get more information about the shift work method. It will be interesting.

Shift method in Russia

The rotation method is used when the place of work is significantly removed from the place of permanent residence of workers 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 20th century, in many regions of the Russian Federation, due to a drop 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 on 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 there are local “capitals”, such as Novosibirsk, Yekaterinburg, etc. As a rule, those working on a rotational basis are called guest workers . In some of the most depressed cities and towns, the number of such workers reaches 90% of the total working population.

Shift work is also common in hard-to-reach, sparsely populated areas (for example, in the Far North), where it is difficult to build housing. In this case, the employee is paid for accommodation and travel to his place of permanent residence.

Schedule

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

Work time

The duration of a shift on watch should not exceed 12 hours, and the duration of rest between shifts, taking into account the 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 rest hours must be summed up and provided in the form of additional days off from work.

Salary

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

• Piece workers - for the volume of work performed according to current standards and prices;
• For time workers - for all actually worked time in hours based on established tariff rates and assigned categories;
• For line managers who carry out direct management at the facility/site (foremen, foremen, etc.) - for all actual time worked in hours based on the established monthly salaries;
• For other managers, specialists and employees - for the actual time worked in days based on the established monthly official salaries.

Place of residence

During periods of employment on shifts, workers live in specially equipped rotation camps. According to the Labor Code, such a village must meet certain requirements, the implementation of which is fully ensured by the employer. Namely, the village should have:

Disadvantages of the method

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

• excessive workload;
• difficult living conditions during the shift;
• lack of rights and social vulnerability;
• high level of injuries to workers;
• family breakdown;
• conservation of the depressed state of small towns and villages.

Notes

Literature

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

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See what “Shift method” is in other dictionaries:

See the shift method Dictionary of business terms. Akademik.ru. 2001... Dictionary of business terms

Shift method- a special form of carrying out the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured. The rotation method is used when the place of work is significantly removed... ... Official terminology

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

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

Legal dictionary

SHIFT METHOD Legal encyclopedia

SHIFT METHOD- a method of organizing work used when production sites are located at a significant distance from the developed infrastructure. The work is carried out by shift personnel who periodically return to their place of residence or location of the parent company.… … Encyclopedia of Labor Law

shift method- a system for organizing work, used when production facilities (sites) are located at a significant distance from the enterprise and it is inappropriate to perform work using conventional methods. The work is carried out by shift personnel living in... ... Large legal dictionary

One of the methods of organizing work, a method of providing work with labor resources, consists in the periodic delivery of replacement workers (rotation personnel) from places significantly remote 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 return cannot be ensured... ... Large legal dictionary