Shift work schedule according to the Labor Code of the Russian Federation - the rate of hours and the procedure for registration. Labor code working hours Articles 100 103 104 73 tk rf

Shift work

1. Article 103 on shift work sets out the possible number of shifts: two, three and even four.

In some cases, the introduction of shift work is necessary, since it ensures the functioning of the production process when its duration exceeds the permissible duration. daily work(for example, in continuously operating organizations); in others, it is possible when the employer pursues a goal effective use equipment, increasing the volume of products or services provided (for example, in organizations serving the public). The choice of a specific option for shift work: whether employees will work in two, three or four shifts is determined by the employer, taking into account the grounds for using a shift mode of work.

2. The number of work shifts and the sequence of transition of workers from one shift to another are established by the shift schedule. In cases where such a schedule also covers night time, the employer is obliged to take into account that a certain circle of employees can work at night only with their consent.

Based on Art. 96 TC they include: women with children under the age of three; disabled people; workers with disabled children; workers caring for sick members of their families in accordance with a medical report; mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age. For the procedure for attracting them to work at night, see Part 5 of Art. 96 of the Labor Code of the Russian Federation.

3. The shift schedule developed by the employer is sent to the representative body of employees, the opinion of which the employer is obliged to take into account. After taking into account the opinion of the representative body, the employer approves the schedule.

This procedure does not apply if the organization does not have a representative body of employees.

4. The shift schedule regulating the work of employees can either be an independent local normative act or be attached to a collective agreement.

5. Part 4 of the commented article sets a one-month deadline for bringing to the attention of workers information on the introduction of a shift schedule. This rule applies to cases when workers are already working in shift mode and it became necessary to introduce a new schedule or change the existing one.

Article 103 does not establish a procedure for communicating this information to workers. Based .

6. When the shift schedule is introduced by reasons related to changes in the organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons), then the employer must notify the employee in writing no later than two months () ...

7. The duration of the working time during the shift is determined depending on the established norm of working time and the type of working week (five or six day working week).

The legally permissible (maximum) duration of daily work is provided only for certain categories of workers. For the duration of daily work (shift) see Art. 94 of the Labor Code of the Russian Federation, for the duration of work (shift) at night, see Art. 96 of the Labor Code of the Russian Federation.

For other categories of employees, the duration of daily work (shift) is established by the internal labor regulations, collective agreement, agreement, based on the normal weekly working time, which should not exceed 40 hours. The duration of daily work (shift) may be less than four hours, if we are talking about part-time work (see Rostrud letter dated 01.03.2007 N 474-6-0).

8. Usually, shift schedules provide for a direct order of alternation of workers in shifts (after the first shift, the employee goes to work in the second, then in the third) or the reverse order of rotation (after the first shift, the employee works in the third shift, then in the second, and the cycle repeats again ). In practice, the most common is the direct sequence of shifts, since it corresponds to the natural daily rhythm. natural processes a person (see: Interbranch recommendations for the development of rational modes of work and rest. M., 1967).

9. A shift in which at least half of the working time is at night is considered a night shift. The shift immediately preceding the night shift is considered evening (joint Resolution of the USSR State Committee of Labor, the All-Union Central Council of Trade Unions Secretariat dated 05/07/1987 N 294 / 14-38 "On approval of the clarification" On the procedure for applying additional payments and granting additional leaves for work in the evening and night shifts, provided for by the Central Committee Resolution CPSU, Council of Ministers of the USSR and All-Union Central Council of Trade Unions of 12.02.1987 N 194 ").

10. The duration of daily (inter-shift) rest must be at least twice the duration of work on the previous working day (shift), together with the lunch break (see clause 11 of the Resolution of the Council of People's Commissars of the USSR dated 09.24.1929 "On working time and rest time in enterprises and institutions moving to a continuous production week ").

When drawing up shift schedules, the employer is obliged to take into account the rule of Art. 110 of the Labor Code on providing employees with a weekly continuous rest lasting at least 42 hours.

11. Workers rotate in shifts evenly during the hours determined by the shift schedules. The number of working days and days off according to the schedule may not coincide with the number of days in a week. In this case, the transition from one shift to another occurs, as a rule, after the day off, determined by the schedule.

In conditions of continuous production, when it is not possible to use the working hours of a five- or six-day working week, shift schedules are used that ensure continuous maintenance of the production process, staff work in shifts of constant duration, regular days off for each team, a permanent composition of teams and a transition from one change to another after a day of rest according to the schedule. Usually four-brigade shift schedules are used. At the same time, three brigades work every day, each in its own shift, and one brigade is resting.

12. The legislator prohibits employing an employee to work for two shifts in a row. However, it should be borne in mind that according to paragraph 3 of part 2 of Art. 99 of the Labor Code, involvement in overtime work (with written consent) is possible to continue work in the absence of a shift worker, if the work does not allow for a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

13. For some categories of workers, the features of the use of shift work have been established. Thus, the Regulations on the Peculiarities of the Working Time and Rest Hours of the Workers of the Floating Crew of Inland Water Transport Vessels stipulates that a two-shift mode can be established for the ship crew when the fleet operates on rivers with limited navigation periods, while ensuring the delivery of goods to the Far North and equivalent areas. work with a duration of daily work of 12 hours for the entire full-flowing period from the day of the official opening of navigation in a given region, but not more than three months (see paragraph 14).

Regulations on the peculiarities of the working time and rest time, working conditions of certain categories of workers railway transport directly related to the movement of trains, it is determined that the duration of working hours during shift work is established by the employer, taking into account the opinion of the representative body of workers, but not more than 12 hours. Work for more than two calendar days in a row during the night time period (from 10 pm to 6 pm) is not allowed (see clause 6).

Regulations on the specifics of the working hours and rest hours of employees of operational and production organizations of Roshydromet, their structural units having a special nature of work, it is determined that for workers with a shift mode of work, it is not allowed to start work (shift) earlier than 6 hours and end work (shift) later than 22 hours local time (see clause 8).

In case of shift work, each group of workers must perform work during the established duration of working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.

Shift schedules are communicated to employees no later than one month before they are put into effect.

Work for two shifts in a row is prohibited.

Commentary on Art. 103 of the Labor Code of the Russian Federation

1. The organization of shift work, introduced in order to optimize production processes, is based on the shift schedules that are timely brought to the attention of workers, when drawing up which the employer must take into account the opinion of the representative body of workers (see the commentary to Article 372 of the Labor Code of the Russian Federation).

2. Work in accordance with the shift schedules must be carried out in compliance with the norms of working time and rest time established for workers.

3. On the use of shift work, see also the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of the USSR and the All-Union Central Council of Trade Unions of February 12, 1987 N 194 "On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to multi-shift operation in order to increase production efficiency" (see also the commentary to Art. 96 of the Labor Code of the Russian Federation).

Second commentary on Article 103 of the Labor Code

1.In order to use the equipment more efficiently and increase production output, or if the duration of the production process exceeds the permissible duration of daily work, the introduction of 2-, 3- and 4-shift work is allowed.

2. The transition from one shift to another must take place regularly after a certain number of working days in accordance with the shift schedule. In this case, a direct (I - II - III - I) order of alternation of shifts or reverse (I - III - II - I) is allowed. Intersectoral recommendations for the development of rational modes of work and rest (M., 1967, p. 86) recognize the direct order of alternation of shifts as more preferable, since it corresponds to the natural daily rhythm of human natural processes.

If the number of working days and days off according to the schedule does not coincide with the calendar week, the transition from one shift to another should take place after the day off according to the schedule.

3. The break between shifts cannot be less than twice the duration of work in the shift preceding the rest.

4. The shift schedule is mandatory for both the employee and the employer. The latter cannot call the employee to perform work duties outside the schedule. An employee cannot change the sequence of shifts provided for in the schedule without the permission of the employer, as well as change shifts with other employees. Failure to comply with this rule is regarded as a violation of labor discipline.

5. Employees working in shifts, at the expense of the organization, may be provided with additional vacations and additional payments. Heads of organizations can increase the amount of remuneration based on the results of work for the year for workers employed in multi-shift mode, introduce (free or at reduced prices) hot meals for people working in night shift, etc.

Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to make more efficient use of equipment, increase the volume of products or services provided. In case of shift work, each group of workers must perform work during the established duration of working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement. Shift schedules are communicated to employees no later than one month before they are put into effect. Work for two shifts in a row is prohibited.

Legal advice under Art. 103 of the Labor Code of the Russian Federation

Tatiana Lazareva

Hello! Does Article 103 apply to kindergarten teachers?

Zhanna Ershova

Hello, I work in a clothing store, tomorrow, according to my schedule, I have a day off. The director at 23:00 said to go to work tomorrow. It is legal?

The answer to the question was given by phone

Maxim Pobedonostsev

good evening, I work on a shift schedule 3,2,1. the employer changes the schedule every month, transfers to different shifts (for example 3,1,3,1), the schedule is brought a week before the release, is it legal?

The answer to the question was given by phone

Kirill Tsybulenko

Hello, I work in a store, the store starts working at 8 am. Previously, the working day began at 8 am, At the moment, they want to postpone the beginning of the shift at 7 am, do you need an order for the company? : 9:00 am - 11:00 am

The answer to the question was given by phone

Anastasia Zakharova

help to draw up a schedule for the watchmen in a day or two, an example of filling is needed.

Lawyer's answer:
Dear Kirill! An example of filling out will not help you, because you need to know how many hours you plan to guard the object. And since you only have 2 guards (probably public sector entity), then your processing will "come out". Therefore, take as a basis for scheduling the production calendar for 2014, articles 100,103,104 of the Labor Code. For example, you can see:

Anatoly Grischanin

Can the management make adjustments to the shift schedule at the request of the employee? If the schedule was not agreed with the employee before the introduction? And are there any regulations to support it?

Lawyer's answer:
The answer to your questions is yes. And the normative legal acts regulating this issue are also available ... BUT ... the employer is not allowed to violate the requirements of these acts, and, specifically, the Labor Code of the Russian Federation, namely: Part 3 and 4 of Article 103 of the Labor Code of the Russian Federation indicate that when drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement. Shift schedules are communicated to employees no later than one month before they are put into effect.

Alexander Kochetov

When to go to work from sick leave? Tomorrow I have to go out on the night shift. Also tomorrow they will close my sick leave, which will say that I will go to work on Tuesday, and since the night shift starts on Monday evening and ends on Tuesday morning, respectively, when I go to work: on Monday or only after the weekend. those. on Thursday?

Lawyer's answer:
I'll start my answer from the stove. Based on the information provided by you in the question, the time of your work is regulated by the shift schedule. In accordance with Part 2 of Art. 103 of the Labor Code of the Russian Federation with shift work, each group of workers must perform work during the established duration of working hours in accordance with the shift schedule. Parts 3 and 4 of the same article of the Labor Code of the Russian Federation indicate that when drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by article 372 of the Labor Code of the Russian Federation for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement. In this case, shift schedules are brought to the attention of employees against signature no later than one month before they are put into effect. I doubt very much that the employer, when scheduling shift work, accurately and consistently followed all the requirements of the law that I have just pointed out here. And, the employer's compliance with these requirements of the law is mandatory, since in the event of their violation, he will not be able to bring to disciplinary responsibility any of the employees working on this shift schedule. Being in a state of illness, you, of course, did not know and could not know: how long your illness would last. The schedule of shift work was violated by you for a good reason - due to illness (there is a b / sheet as evidence). The shift work schedule was, of course, adjusted by the employer and, at the same time, the employee who took over your shift on Monday evening is not obliged to interrupt his work at 00 o'clock. 00 minutes. And if your doctor ordered you to go to work on Tuesday, then you should go to work on Tuesday morning in order to clarify the issue of your further work in accordance with the newly adjusted shift work schedule, taking into account the end of your illness. In this case, you should be ready to start work (take over the shift) on Tuesday morning. If you follow everything I have stated, it will not be possible to see signs of a labor offense in your actions, even if you have a very strong desire for that.

Olga Ershova

in how many days is the employer obliged to notify the employee about the change in the schedule? I work in a clothing store and it became interesting. The schedule is drawn up a week in advance, but it so happens that the change is warned a day before the shift. If possible with a link to shopping mall.

Lawyer's answer:
I understand that you work in shifts? And the employer changes the shift schedule? If so, then he is obliged to warn about changes in the shift schedule 1 month in advance (Article 103 of the Labor Code). If we are talking about the work schedule for the entire team (that is, it was "we work from 8-00 to 17-00", but it became "from 10-00 to 19-00"), then this is considered a change in working conditions. In principle, such a change should be notified 2 months in advance (.

Elena Shestakova

Changing the work schedule .. We have a schedule for each month. We work 2/2. As they say, nothing complicated. BUT. What if the employer suddenly wants to shift shifts? For example, 2-3, 6-7 numbers worked, and he puts 3-4, 7-8 numbers in the schedule. How long does it take to warn about changes in working days and acc. with which article?

Lawyer's answer:
If the employer shifts shifts, this does not mean at all that there have been changes in working hours. Another question is, if the labor contract contains 2/2 working hours, and the employer changed the time to 5/2, then this is a change in the essential conditions of the employment contract. In this case, he must substantiate his decision with the employee's warning not less than 2 months in advance. In your case, there are no significant changes to the employment contract, and, therefore, the employer is obliged to familiarize the employee with the new schedule against signature. In case of shift work, the working hours are determined in accordance with the shift schedules (Article 103 of the Labor Code of the Russian Federation), which, similar to the rules of the internal labor schedule, can be approved in the form of a separate local normative act or an annex to the collective agreement. The employer is obliged to inform the employees of the shift schedules no later than one month before they are put into effect.

Lyudmila Shestakova

and if I worked day, night and the next day again in the day, is it a violation of the labor code?

Lawyer's answer:
You shift work? 1. Work for two shifts in a row is prohibited (article 103 of the Labor Code). Thus, you should not have been left even for the night. 2. Please also note that the aggregate normal working time cannot exceed 40 hours per week (Art. 91 Labor Contract). 3. Your employer has recruited you to work overtime. He was obliged to take your WRITTEN CONSENT from you (you could refuse). (Art. 99). 4. Please note that the duration of overtime work should not exceed 4 hours for each employee on two consecutive days and 120 hours per year (Art. 99). 5. Overtime work is paid for the first two hours of work not less than 1.5 times, for the next hours - not less than double. At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime (Article 152).

Fedor Vtorushin

procedure for organizing shift work

Lawyer's answer:

Svetlana Romanova

Please tell me, it's very important. The duration of a worker's shift can be three calendar days?
- Lawyer's answer:
  In accordance with article 103 of the Labor Code (Labor Code) of the Russian Federation "shift work is work in two, three or four shifts," that is, the duration of a shift can be no more than 24 hours (since always one shift has a day off on this day ). In accordance with Article 110 of the Labor Code of the Russian Federation, “there can be no less than 42 hours,” that is, with a 12-hour shift per week, there can be no less than two days off and more than five working days. But in any case, for a month (quarter or year with the summarized accounting of working time for the accounting period according to article of the Labor Code of the Russian Federation), a limit is set for the "duration of working time" for each individual employee, since for ALL employees the normal duration of working time cannot exceed 40 hours per week "and" the employer is obliged to keep records of the time actually worked by each employee "(Article 91 of the Labor Code of the Russian Federation). An extract from the Labor Code of the Russian Federation is attached: Article 91. The concept of working time. Normal working hours Working hours - the time during which the employee, in accordance with the 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 Russian Federation refer to working hours. Normal working hours cannot exceed 40 hours per week. ... The employer is obliged to keep records of the time actually worked by each employee. Article 99. Overtime work Overtime work is work performed by an employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative recording of working hours - in excess of the normal number of working hours for the accounting period ... Article 103. Shift work Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. In case of shift work, each group of workers must perform work during the established duration of working hours in accordance with the shift schedule. ... Shift schedules are communicated to employees no later than one month before they are put into effect. Work for two shifts in a row is prohibited. Article 110. Duration of weekly uninterrupted rest The duration of a weekly uninterrupted rest may not be less than 42 hours.

Zoya Fedorova

If I work 12 hours a day, I am forced to stay at work for another 12 hours a night. What to do?

Lawyer's answer:
Article 103 of the Labor Code. Shift work (see last line) Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily In case of shift work, each group of employees must perform work during the established duration of working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules are usually annexed to the collective bargaining agreement. Shift schedules are communicated to workers no later than one month before they become effective. Working two shifts in a row is prohibited. And even if your boss assesses your work as overtime, it is necessary your written consent - see Art 99 of the Labor Code of the Russian Federation. So if your work is not an industrial accident or a disaster, but simply, for example, a replacement does not come, you have the right to quietly retire home.

Valentina Fedorova

Help me figure it out .. At work, the next repression. They said that now we will work in two shifts. Tell me, how many hours a day can you work according to the Labor Code of the Russian Federation? Is it generally possible to work 15 hours a day? After all, this is how many of us have now been obliged to work. And if it is possible, how much rest are we entitled to after that and how will it be paid for? We need a qualified answer, so as not to fall face down in the dirt. Thank you in advance. Thank you for your time.

Lawyer's answer:
According to Art. 103 of the Labor Code of the Russian Federation, work for two shifts in a row is prohibited. This rule is firm, established by law without reservations and exceptions for enterprises, even with short shifts. and more ... even if your employer prescribes in its Local Normative Acts (Regulations, Shift Schedule, additional agreements to your labor contracts) that you are obliged to work for 2 shifts, then according to Art. 8 of the Labor Code of the Russian Federation, the norms of local regulations that worsen the situation of employees in comparison with those established by labor legislation are not applicable.

Galina Sokolova

How is the amount of vacation pay calculated - by calendar days or workdays?

We have no idea about the laws of other countries. In Kazakhstan and ask. In accordance with article 103 of the Labor Code of the Republic of Kazakhstan (hereinafter - the Code), the duration of paid annual labor leave calculated in calendar days ...

Timur Pechersky

Is the employer right

That's for sure. The more oak trees there are in the army, the stronger our defense.)))) This is definitely not for me.TK read it without your consent, they cannot transfer you anywhere. Only in urgent, extraordinary cases for a certain period. Moreover, in addition to ...

Alina Romanova

How to pay for the day on February 23 \ double or not \ if the employee worked on a sliding schedule?

According to the production calendar, there are 8 days off in February. If he rested for less than 8 days, the payment is 200%, if 8 or more, then 100%, but the holiday is paid in any case. By general rule work on weekends and non-working holidays ...

Inna Petrova

Absenteeism at work. The situation is as follows: I work on flexible hours, which changes randomly during the month, i.e. periodically an updated schedule is sent by mail, where for the place of the weekend (say, tomorrow) you can see the change, because lack of staff. Yesterday, on Friday, they sent an updated work schedule, where instead of my day off there was a shift, I did not notice this update and did not go to work, respectively, in fact - absenteeism. On Monday I will have to write an explanatory note. But the question is, is there any fault in this situation of the person responsible for the schedule, who did not personally agree with me on the possibility of going to work? Is it possible to substantiate the absence of my guilt from the legislative point of view? Are there statutory deadlines for notifying employees of work schedule changes?

Lawyer's answer:
In accordance with Art. 103 of the Labor Code of the Russian Federation, the employer is obliged to bring the shift schedule to the attention of the employee one month before its entry into force. Thus, this requirement was violated by the employer in relation to you. So you can write in the explanatory note that "in accordance with the shift schedule for" August 2011 ", which I was familiarized with in writing" ___ "_________2011," ___ "August 2011 I have a day off. For this reason, I did not go out to work. "Do not paint too much. In this case, the employer has no right to dismiss or bring you to disciplinary responsibility for absenteeism. In the event of a trial, the court will be on your side.

Vadim Podgursky

It is possible without disturbing work. of the law to transfer the employee, with the daily work schedule, to the schedule in four days .. Will this not be a violation on my part (this is not stipulated).

Lawyer's answer:
The employment contract MAY not stipulate a work schedule, since this is not essential conditions labor contract. It will be required if the work mode differs from the work mode established by the Internal Labor Regulations. The employer has the right to change the work schedule taking into account production calendar and article 104 of the Labor Code of the Russian Federation (summarized accounting of working hours).

Gennady Useinov

Can the boss move my shift? The boss suddenly wants to move my shift next week, is it legal?

What does the law have to do with it?) ask him why he decided that. Maybe everything can be solved normally, if it is not convenient for you to move the shift like that. He is the boss! The law is just WHAT IT DOES! Article 103 of the Labor Code of the Russian Federation: In shift work, each group ...

Valentina Belova

document circulation. Tell me what work schedules should be, in what form, what should be the timesheet? If suddenly there is a check, what can the company be fined for?

Take a look at the HR administration website. There are a bunch of samples of documents and regulations.

Antonina Gerasimova

Can chief physician to transfer an employee to a different work schedule without his consent?

if the work is on schedule, yes, notifying one month in advance. In the case when, for reasons related to changes in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production ...

Vladislav Simushin

Where to go if you work on weekends and beyond working hours, but are paid as for a normal working day?

Lawyer's answer:
Try to talk to your employer, keep the RF TRK with you. Art. 99 This is a description of overtime work, but for the greatest benefit you need to try to find a dialogue with your superiors, then you can help someone else. Labor Code vs overtime work According to the Labor Code of the Russian Federation (Art. 99), overtime is work that is performed by an employee on the initiative of the employer outside the established working hours for the employee. obliges the employer to ensure that the working time does not exceed the normal number of working hours: 40 hours per week or 160 hours per month (Article 91 of the Labor Code of the Russian Federation). Important! Overtime work should only be permitted with the written consent of the employee. With the exception of accidents and other emergencies at work, as well as the performance of unforeseen work in advance, the further work of the organization as a whole or its individual divisions depends on the urgent execution of which. The Labor Inspectorate responds to complaints from workers about unpaid overtime. If you cannot get compensation for overtime work from the employer, contact the inspectorate. Overtime work must not exceed 4 hours on two consecutive days or 120 hours per year. It is the employer's responsibility to ensure that overtime work is accurately recorded for each employee. Overtime work, in accordance with Art. 152 of the Labor Code of the Russian Federation, must be compensated. For the first two hours, it must be paid no less than one and a half, and for subsequent hours, like forced work on weekends and non-working holidays, no less than double. At the request of the employee, instead of money as compensation, he can receive extra days for vacation or time off (Article 13 of the Labor Code of the Russian Federation). Overtime work may be waived by: pregnant minors (with the exception of creative professions) disabled women with children under the age of three. Recycling with a shift schedule In accordance with article. 103 of the Labor Code of the Russian Federation in an organization, a shift mode of operation can be established when "the duration of the organization's production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided." At the same time, employees should be familiar with the shift schedule that regulates the start and end of work, the duration of breaks for rest and meals, the procedure for transferring workers from one shift to work in another, etc. The shift schedule must be communicated to all workers no later than one month before its introduction. For employees working in shifts, work on weekends and non-working holidays is paid taking into account certain features. So, for going to work on a schedule on Saturday and Sunday, they are paid a regular salary (Article 111 of the Labor Code of the Russian Federation). If an employee is hired on a day that is not defined in his schedule as a worker, the organization is obliged to charge an increased remuneration of at least twice the usual amount. Processing by pieceworkers With a piecework system of remuneration, products manufactured in work time over the established duration, is paid at normal piece rates, and in addition, the employee is paid extra for each hour of processing: for the first two hours - at least 50% of the hour tariff rate, and for each next hour - at least 100% of this rate. God help!

Roman Talalakhin

I am supposed to work 8 hours, I work 10 hours, how should 2 extra hours be paid? Work in kindergarten(private) ml. teacher for 10 hours. It is supposed to be 8 o'clock. How should we be paid for these extra hours?

Lawyer's answer:
You can, of course, cite articles of the Labor Code of the Russian Federation on the duration of the working week no more than 40 hours (Article 91 of the Labor Code of the Russian Federation), overtime work, cases of its application (Article 99 of the Labor Code of the Russian Federation) and ITS PAYMENT (Article 152 of the Labor Code of the Russian Federation), the regime working time (Article 100 of the Labor Code of the Russian Federation), shift work (Article 103 of the Labor Code of the Russian Federation) and even the summarized accounting of working hours (Article 104 of the Labor Code of the Russian Federation). But is it worth it? In any (with the rarest exceptions) PRIVATE institution the principle "master - master" prevails. So the head of the kindergarten, working for her owner, or even being the mistress herself, will put a condition like: "If you want to work, if you don't like it, leave." Therefore, it is possible to achieve something in this situation only by initiating a collective labor dispute (Chapter 61 of the Labor Code of the Russian Federation), but personally I am 100% sure that it will never take place with you - in a private shop "every man for himself - one god for all ". Sad....

Arthur Marshev

The employer has established a work schedule of 48 hours a week Is there a right and how to appeal thanks

contact the trade union committee, if you have one, an employment contract must be drawn up in accordance with the current legislation In accordance with the Labor Code of the Russian Federation, article 91, Normal ...

Victoria Davydova

Urgently, Please help solve the problem for the exam! Does a pensioner (military service) have the right not to work ?. Convict Bobrov, born in 1953, sent a complaint to the prosecutor's office that he was forced to do physical labor in the penal colony (manufacturing of packaging containers). He himself does not want to work, since he is a pensioner on preferential grounds (military service) References to articles or other justification are desirable. Or why should not a seniority / hazard pensioner work, but this person is not yet 60 years old?

Lawyer's answer:
Criminal Executive Code of the Russian Federation Article 103. Engaging convicts to work in prison 1. Everyone sentenced to imprisonment is obliged to work in places and jobs determined by the administration of correctional institutions. The administration of correctional institutions is obliged to attract convicts to work, taking into account their gender, age, ability to work, health status and, if possible, specialty, as well as based on the availability of jobs. 2. Convicted men over 60 years old and convicted women over 55 years old, as well as convicts who are disabled of the first or second group, are involved in labor at their request in accordance with the legislation of the Russian Federation on labor and the legislation of the Russian Federation on social protection disabled people. Convicted minors are involved in labor in accordance with the labor legislation of the Russian Federation. Should work!

To introduce a shift schedule at your enterprise, issue an order, draw up an additional agreement to labor contracts and a shift schedule. Everything required documents You will find in this article.

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Article 103 of the Labor Code of the Russian Federation: the concept of shift work

A shift work schedule is a special work schedule in which the working hours of a particular employee differ from the standard schedule. Moreover, in this mode, it can fall on different time days on different working days. The main task of the shift schedule is to ensure the continuity of the production process. Workers who work on a shift schedule are divided into groups that start work sequentially. In accordance with article 103 of the Labor Code of the Russian Federation, the company can organize work .

Grounds for the introduction of a shift schedule

According to Art. 103 of the Labor Code of the Russian Federation, shift work is allowed at enterprises whose production cycle requires a longer working day than is allowed by law. In addition, this principle of organizing work is used in companies where a shift schedule can improve production efficiency.

Where is the shift schedule applied in practice?

On manufacturing enterprises with a continuous cycle. This group includes metallurgical companies, large industrial organizations and other companies.
In emergency services.
At the enterprises of the service direction, including catering, the organization of consumer services for the population, etc.
In infrastructure facilities, including transport organizations, communications enterprises, and so on;
V in which a continuous work schedule is a production or economic necessity.

Nina Kovyazina answers,
Deputy Director of the Department medical education and personnel policy in healthcare of the Ministry of Health of Russia

To organize a shift mode of work, issue an order on the introduction of such a mode and reflect the condition on the introduction of a shift mode in the Labor Regulations or the collective agreement. After that, draw up a shift schedule and ...

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Registration of shift work according to TC: 103 article

The work schedule of employees in this situation is formalized by the shift schedule. It extends its effect to a number of employees at once. The shift schedule can be drawn up in the form of an annex to the collective agreement. Also, article 103 of the Labor Code of the Russian Federation with comments allows other options for the design of such a regime, including:

Fixing the condition of the shift schedule in the Internal Labor Regulations. The schedule can be drawn up as an attachment to the PVTR.
Approval of a separate document. For this, a separate order is issued to approve the shift schedule.

Note! If collective agreement has already been concluded at the time of the introduction of the shift mode of operation, it can be fixed by means of an additional agreement.

At enterprises where trade union organizations operate, local acts are adopted, taking into account the opinion of the representative body. This is necessary to protect the interests of employees and to resist pressure from the employer. How and to issue his consent to the introduction of the shift mode, read in “ ».

Informing employees about the working hours

According to Art. 103 of the Labor Code of the Russian Federation, shift work can be introduced at the enterprise ... It prescribes the procedure for introducing such a schedule, informing workers about new working conditions and their documenting... Part 4 of Article 103 of the Labor Code of the Russian Federation requires that employees be familiarized with the new regime no later than one calendar month before its actual introduction. How and, most importantly, to fix this fact, learn from “ ».

Night shift

Special instructions in the current labor legislation relate to the organization of work on the night shift. In accordance with Art. 96 of the Labor Code of the Russian Federation, it means the period of time from 22 to 6 hours. The duration of the shift is set by the employer in accordance with the schedule adopted by the organization. However, the shift that falls at night should be shorter than the usual one by one hour.

Not all employees can work the night shift. The Labor Code of the Russian Federation contains a ban on the involvement of the following categories in such work:

pregnant women;
employees under 18 years of age;
for which such restrictions are established by industry legislation or local regulatory documents enterprises.

Shift schedule

The specific procedure for employees entering work is determined by the shift schedule. It is drawn up by the employer, taking into account the specifics of the production cycle of the enterprise. According to Art. 103 of the Labor Code of the Russian Federation with comments of 2018, such a schedule should contain the following information:

an algorithm for alternating production shifts;
the duration of work within a single shift, as well as the start and end times of the shift;
the number of employees employed in each shift;
breaks provided for by the shift schedule, their duration and start and end times.

The conditions prescribed in the shift schedule must be agreed with trade union organization, if any at the enterprise.

Restrictions

When drawing up a shift schedule, the employer must ensure that its conditions do not contradict the requirements of current legislation. List of most frequent mistakes, which are allowed when forming the schedule:

Exceeding the limit on the duration of working hours during the accounting period.
Exceeding the statutory maximum work shift. Read about the current restrictions for different categories of workers in this .
Insufficient duration of the employee's weekly rest, which, according to Art. 110 of the Labor Code of the Russian Federation must be at least 42 hours.
Failure to comply with restrictions on the composition of workers involved in work on the night shift.
Attracting employees to work for two shifts in a row or more;
Non-coordination of the shift schedule with the trade union organization.
Failure to comply with the conditions for the provision of compensation to the employee for work on a weekend or holiday.

Test

What is the maximum number of shifts provided for by Art. 103 of the Labor Code of the Russian Federation?

For how long is the employer obliged to warn employees about the transition to a shift mode?

Per month
In two months
For half a year

Can an employee be hired for two shifts in a row?

It is possible in case of production need
It is possible if there is a written consent of the employee
It is forbidden