Rotational work method, annual schedule. Calculation of days of inter-shift rest. What are the rules for providing inter-shift rest? Available options for solving the problem

SITUATION: To work on a rotational basis an employee was hired for whom piece-rate wages were established that were not related to the time spent on work. How in this situation should be paid for the period between shifts rest? And are there any peculiarities of paying the allowance for the rotational work method?

SOLUTION: In the case of piecework (tariff-free) form of remuneration, the amount of payment for inter-shift rest can be calculated as follows: determine the average cost of an hour of work on a shift, divide the total amount accrued for work during the shift by the hours actually worked in accordance with the schedule and the average cost hours of work multiplied by the duration of the working time established for this category of workers. The amount of the allowance for the rotational work method does not depend on the form of remuneration.

In accordance with Art. 301 Labor Code RF each day of rest due to overworking within the shift work schedule (day of inter-shift rest) is paid in the amount of the daily wage rate, the daily rate (part of the salary (official salary) per day of work), unless a higher wage is established by a collective agreement, local regulation or employment contract.

The application of the norm in question does not cause any difficulties in cases where the employee is set either a time wage (it is obvious that it is easy to calculate the daily rate from both the salary and the hourly rate), or piece rate, but within the framework of the tariff system.

Labor legislation does not address tariff system wages as the only possible one. The employer has the right to establish other, tariff-free systems, including the introduction of piecework forms, in which the cost of a unit of production or work is established in other ways that are not directly related to hourly rates.

Calculation of payment for days of inter-shift rest

When using a piece-rate (tariff-free) form of remuneration, the amount of remuneration for days of inter-shift rest (that is, the amount of additional payments for overtime work), in our opinion, can be calculated as follows.

Read also:

Is it possible to call an employee to work during the inter-shift rest period?

First, the average cost per hour of work is determined: total piecework payment labor accrued for the work performed during the shift period is divided by the hours actually worked for this period in accordance with the schedule. Then the average cost of an hour of work is multiplied by the working time established for this category of workers: by 8 hours with a 40-hour week, by 7.2 hours with a 36-hour (reduced), etc. The amount of payments saved for a rotational worker for the days on the way from the location of the organization (collection point) to the place of work and back, provided for by the work schedule on the shift, as well as for days of delays on the way due to meteorological conditions or due to the fault of transport organizations (Article 302 of the Labor Code of the Russian Federation ).

These payments, by their economic nature, are guarantees, the purpose of which is to reimburse the unreceived wages for the time when the employee has already left the place of permanent residence (i.e., has already interrupted the rest), but has not yet started to perform job responsibilities due to the remoteness of the place of work (compare with the average earnings saved for an employee sent on a business trip for the days of travel to the place of business and back).

As for the allowance for the rotational work method, this payment is of the nature of compensation and is similar to the daily allowance - reimbursement of additional costs incurred by the employee in connection with living outside the place of permanent residence. Its size does not depend on the form of remuneration and is established by a local regulatory act.

In connection with the conclusion of a contract for the implementation of construction and installation work in another area, two teams of 15 people are transferred to a rotational work method. We assume to establish the following schedule of work and delivery of workers to the place of shift: 1 day delivery to the place of shift from the place of gathering, 15 days of the shift for 12 hours of work and 12 hours between shifts, 1 day of delivery from the place of shift to the employer. QUESTION: 1. How to calculate the duration of the staff rest between shifts, if possible using an example. 2. How are the days of the shift rest being paid.

The employee needs to pay for the days between the shift rest. Inter-shift rest - the time of rest, which is provided to an employee working in the conditions of a rotational work method, during overtime during the shift period. Such processing is formed due to the fact that work time shift shift may exceed the duration of the working day established for the normal (non-rotational) mode of operation.

To determine the number of days off between shifts, it is necessary to divide the total number of overtime hours by 8 hours. Each day of rest due to overworking (day of inter-shift rest) is paid in the amount of the daily wage rate.

The rationale for this position is given below in the materials of the "Glavbukh Systems"

Watch duration

Moreover, if work using the rotational method is carried out in a period exceeding one month, then the organization has separate subdivision at the place of watch (clause 2 of article 11 of the Tax Code of the Russian Federation). Accordingly, the organization is obliged to register with the tax authorities at the location of such a unit (). Similar clarifications are contained in the letters of the Ministry of Finance of Russia dated October 12, 2012 No. 03-02-07 / 1-250 and the Federal Tax Service of Russia dated January 19, 2012 No. PA-4-6 / 604.

The duration of daily work (shift) cannot be more than 12 hours, and the duration of daily (inter-shift) rest, taking into account lunch breaks, cannot be less than 12 hours (clause 4.2). Days off must be at least one calendar day for a full calendar week (paragraph 6 of part 1 of article 21 of the Labor Code of the Russian Federation, by the decree 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 No. 794 / 33-82 dated December 31, 1987).

With the rotational method of work, the summarized accounting of working time is established (). With this accounting, an employee can accumulate rest days from overtime hours during a calendar year with the subsequent provision of additional days of inter-shift rest (part 4 of article 301 of the Labor Code of the Russian Federation). *

Time tracking

Situation: how to keep records in the timesheet when working on a rotational basis *

To organize the tracking of working hours, you need to use the following codes in the timesheet:

the letter code "VM" and the digital code "05" - denotes the duration of the working time falling on each working day of the shift;
the letter code "B" or the digital code "26" - means days off during the watch;
the letter code "ОВ" or the digital code "27" - denotes an inter-shift rest.

Such designations are established by section 2 of the instructions approved by the decree of the Goskomstat of Russia dated January 5, 2004 No. 1.

When reflecting the days of inter-shift rest in the report card, take into account the following features:

days between shifts should not coincide with weekends and non-working days holidays and. If the day of the inter-shift rest coincided with a day off, then it is transferred to the next working day after it (part 4 of article 14 of the Labor Code of the Russian Federation); *
days on the way to the place of work and back are marked as days of inter-shift rest (paragraph 2, clause 4.2 of the General Provisions, approved);
by the time of the inter-shift rest, hours of working hours processing, which are not multiples of whole working days, accumulated during work on a shift (paragraph 3 of article 5.4 of the Basic Provisions approved by the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health of December 31, 1987 No. 794 / 33-82).

Situation: how to indicate in the time sheet the days of being on the way to the shift place and back *

The legislation does not contain an unequivocal answer to this question.

There are no alphabetic or numeric codes in the timesheet for this case. But at the same time, the time spent on the road must be noted (for subsequent payroll calculation). Therefore, the organization can enter the code additionally and designate it at its discretion. This follows from paragraph 2 of the Procedure approved by the resolution of the Goskomstat of Russia dated March 24, 1999 No. 20.

For example, the days of being on the way to the place of watch and back can be designated by the letter code "P".

Situation: what the employer should do if the end of the employee's annual leave falls on the days of between shifts *

If the end of the employee's annual leave falls on the days of between shifts, then the employer can:

provide the employee with other work in the organization before the start of the shift;
transfer an employee to another shift shift;
by agreement with the employee, grant him unpaid leave.

Such options are provided for in paragraph 3 of clause 7.1 of the Basic Provisions, approved by the decree of the USSR State Committee of Labor, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health No. 794 / 33-82 dated December 31, 1987, and do not contradict the norms of the Labor Code of the Russian Federation.

Nina Kovyazina

Accounting

The allowance and other payments related to the rotational work method are paid to the employee together with the basic salary (). Reflect the accrual of payments in accounting in the same way as the basic salary:

Debit 20, 25, 44 ... Credit 70
- a surcharge (other payments) has been calculated for the rotational work method.

An example of the reflection in accounting of the allowance for the rotational method *

Employee of CJSC "Alpha" A.I. Ivanov works on a rotational basis (from the 1st to the 15th day of each month, 10 hours a day). Ivanov has an hourly rate of 100 rubles per hour. The organization uses the summarized accounting of working hours. The accounting period is a quarter.

In November, Ivanov worked for 15 days. On November 16-17, he was en route to his place of work. In November, Ivanov was charged 19 627 rubles, including:

salary for hours worked - 15,000 rubles;
allowance for the rotational method - 3027 rubles;
daily rate for travel time to the place of work - 1600 rubles.

In accounting, the accountant made the entry:

Debit 20 Credit 70
- 19 627 rubles. - the salary for November was accrued to Ivanov.

Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

3.Article:Surcharge for rotational work method

Payment for travel days and breaks between shifts

Travel costs, if they are provided for by the collective agreement, are included in labor costs on the basis of paragraph 17 of Article 255 of the Tax Code of the Russian Federation.

As for the days of inter-shift rest, according to the Tax Code of the Russian Federation, labor costs include any payments to employees in cash and in kind. These include compensation payments related to the work schedule or working conditions provided for by the norms of the legislation of the Russian Federation, labor or collective agreements. This means that they are taken into account for the purpose of taxation of profits - on the basis of clause 3 of September 2, 2011 No. 03-04-06 / 0-197 article 302 of the Labor Code of the Russian Federation, it is not mentioned.

And although such a vacation is provided in connection with processing and its payment is carried out in accordance with the requirements of the legislation (), in the author's opinion, the amount of payment for the vacation should be taxed on income individuals and insurance premiums in general established order... Indeed, based on the explanations given in the definition of the Constitutional Court of the Russian Federation dated July 12, 2006 No. 261-O, the inter-shift rest actually represents the summed up time of daily and weekly rest (unused and accumulated during the shift), which, due to the specifics of this type of work provided after the watch period. *

N.K. Chernyakova, auditor

Journal "Accounting in construction", No. 5, May 2012

received
fee 33%

Good day!

Inter-shift rest and vacation cannot coincide with each other at all.

According to
Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which an employee
free from the performance of labor duties and which he can
use at your own discretion.

V
Art. 107 of the Labor Code of the Russian Federation provides a list of types of rest time, including
vacations also appear. And, although the days of the shift rest are not directly indicated in
this article, from the subsequent provisions of the law, it becomes obvious that
the days and days of vacation indicated are two different times
recreation.

So,
days of inter-shift rest are provided to the employee only in connection with
processing of working hours within the schedule of work on shift (part
third art. 301 of the Labor Code of the Russian Federation), while the granting of leave does not depend on
the presence or absence of processing. It is provided to the employee
annually (part one of article 122 of the Labor Code of the Russian Federation), and in the length of service, giving the right to
its provision, includes the time of actual work, the time when
the employee was absent from work, but he retained workplace(v
including days of inter-shift rest), as well as the time of forced
absenteeism, being on vacation without pay
lasting not more than 14 days, the period of suspension from work in
connection with the failure to undergo a medical examination through no fault of the employee (part one of Art.
121 of the Labor Code of the Russian Federation).

So
Thus, annual paid leave and days of rest between shifts
are two independent types of recreation that do not coincide between
yourself.

Article
301 of the Labor Code of the Russian Federation establishes that an inter-shift day of rest is understood as
every day of rest due to the processing of working hours within
work schedule on the watch. Overtime working hours within
shift work schedules that are not multiples of a whole working day may
accumulate during the calendar year and sum up to whole
working days with the subsequent provision of additional days of rest.
Moreover, the additionally provided days must be free from
work (clause 4.3 of the Basic Provisions).

So
Thus, the inter-shift rest is actually
summed daily and weekly rest time
(unused and accumulated during the watch period), which by virtue of
the specifics of this type of work is provided after the shift period, to
this conclusion was reached by the Supreme Court of the Russian Federation in its decision dated 09.02.2011 N
GKPI10-1462.

except
In addition, the inter-shift rest is in the nature of compensation for overwork
working hours during the accounting period. Hence, if the days
between the rotational rests will coincide with the days of the vacation, this will lead to
the fact that the actual compensation of processing will not occur and the amount
hours worked by the employee during the accounting period will exceed
the established norm, which will directly violate the provisions of part one
Art. 104 of the Labor Code of the Russian Federation (see also the decision of the RF Armed Forces of 04.07.2002 N GKPI02-398).

V
in accordance with clause 7.1 of the Basic Provisions on the rotational method of organization
works in force in the part that does not contradict the Labor Code of the Russian Federation, annual leave
workers employed on a rotational basis are provided with
in the prescribed manner after using the days of rest (time off).

From
of the above, it follows that the annual leave of workers employed
at work on a rotational basis, provided after using days
inter-shift rest.

Insofar as
The main provisions are valid regulatory legal act and
imperatively instruct employers to provide annual leave
only after using the rest days, their non-observance is
violation of labor law.

except
In addition, such workers are provided with an annual additional
paid vacation in the manner and on the conditions that are provided for
persons constantly working: in the regions of the Far North - 24 calendar
days; in areas equated to the regions of the Far North - 16
calendar days (Article 302 of the Labor Code of the Russian Federation).

received
fee 33%

Good afternoon, Yuri.

According to the Labor Code of the Russian Federation

Article 301. Regimes of work and rest when working on a rotational basis
Working hours and rest time within the accounting period are regulated by the work schedule on the shift, which is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization in the manner prescribed by Article 372 of this Code for the adoption of local regulations, and is communicated to employees no later than two months before its introduction.
The specified schedule provides for the time required for the delivery of workers to the shift and back. Days on the way to the place of work and back are not included in working hours and may fall on days of inter-shift rest.
Each day of rest in connection with the processing of working time within the work schedule on the shift (day of inter-shift rest) is paid in the amount of the daily wage rate, the daily rate (part of the salary (official salary) per day of work), unless a higher wage is established by the collective agreement, local regulation or employment contract.
Hours of overworking of working time within the work schedule on a shift, not multiples of a whole working day, may accumulate during the calendar year and be summed up to whole working days with the subsequent provision of additional days of inter-shift rest.

Article 299. Duration of a watch
A shift is considered to be the total period, including the time of work at the facility and the time between shifts.
The duration of the shift should not exceed one month. In exceptional cases, at certain sites, the duration of the shift can be increased by the employer to three months, taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations.

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I agree with the opinion of my colleagues, drawing up a vacation schedule for the period of inter-shift leave, this is a violation of your labor rights... You need to apply in writing to the head of the organization and in case of refusal, you will be able to contact the state labor inspectorate or the prosecutor's office.

The terms for consideration of complaints in these instances are spelled out in: Code of Criminal Procedure Russian Federation"dated 18.12.2001 N 174-FZ

Art. 124. Procedure for consideration of a complaint by a prosecutor, head of an investigative body
1. The prosecutor, the head of the investigative body shall consider the complaint within 3
DAY from the date of its receipt. In exceptional cases, when to verify the complaint
it is necessary to request additional materials or take other measures,
consideration of the complaint is allowed within a period of up to 10 DAYS, about which the applicant is notified.

2. Based on the results of the consideration of the complaint, the prosecutor, the head of the investigative
the authority issues a resolution on the full or partial satisfaction of the complaint, or
about the refusal to satisfy her.

Federal Law of 02.05.2006 N 59-FZ

"On the Procedure for Considering Applications of Citizens of the Russian Federation":

Art. 12.
1. A written application received by a state body, local self-government body or an official in accordance with their competence shall be considered within 30 days from the date of registration of the written application.
2. In exceptional cases, as well as in the case of sending a request provided for in Part 2 of Article 10 of this Federal Law,
head of a state body or local self-government body, official
a person or an authorized person has the right to extend the period for consideration of the appeal
for no more than 30 days, notifying of the extension of the period for its consideration
the citizen who sent the appeal.

Thus, the consideration of a complaint in the prosecutor's office takes up to 10 days in state bodies, the complaint will be considered within 30 days.

The limitation period is 3 months

Article 392. Time limits for applying to court for resolution of individual labor dispute
[Labor Code of the Russian Federation] [Chapter 60] [Article 392]

The employee has the right to apply to the court for the resolution of the individual labor dispute in within three months from the day when he found out or should have found out about violation of your right

We would like to clarify the calculation methodology for the shift worker. According to your recommendations, we must calculate vacation pay in the following order: An employee was hired from 01/01/2016, for him a cumulative record of working hours and a watch 28 through 28 are set. He worked in January from 01/01/2016 to 01/28/2016, this period is paid daily rate - 280,000.00 rubles, after that he was on an inter-shift rest from January 29 to February 25, from February 26 to February 29 he worked and received payment for working hours in the amount of 40,000.00 rubles. For the period between the shift rest, no payments were accrued in favor of the employee, since he did not work beyond the established schedule. Determine the amount of payments that must be included in the calculation to calculate the average daily earnings: 1. January - 280,000.00 rubles 2. February - 40,000.00 rubles. Determine the number of calendar days that must be included in the calculation of average earnings: 1. January - 29.3 (there are no days to exclude their calculation). 2. February - 29.3 (there are no days to exclude their calculation) Average daily earnings: (280,000.00 40,000.00) / (29.3 29.3) = 5,460.75 rubles. Is this calculation correct? Do we understand correctly that in this case the employee will lose a lot of money due to the fact that the inter-shift rest was not paid, and the calendar days of the calculation period were included in the calculation in full? Does this calculation worsen the worker's working conditions?

Answer

In this situation, the days of inter-shift rest are the accumulated overtime of an employee. It appears as the difference between the hours worked on the schedule, and the normal number of hours that the employee must work during the accounting period. If there is overwork, then the employee is entitled to days of inter-shift rest. To determine the number of days of rest between shifts, it is necessary to divide the overtime hours by 8.

If there was no overwork, the employee is not entitled to days of inter-shift rest.

Days off between shifts are granted to employees in connection with overworking during shift work. The inter-shift rest actually represents the summed up time of daily and weekly rest (unused and accumulated during the shift period), which, due to the specifics of this type of work, is provided after the shift period. Consequently, the days of rest between shifts are not a period of release from work, but fall on the attendance time. Therefore, when calculating the average earnings, the days of inter-shift rest and the amount of wages for these days are not excluded from the calculation period.

The procedure for calculating the average earnings is given in the text of the detailed answer. In accordance with the rules of the Expert Support, examples with specific numbers are not considered.

It should be borne in mind that days of inter-shift rest are paid in an amount not less than the daily rate, if a larger amount is not established by local acts of the organization. Therefore, in this case, when calculating the average earnings, there are no impairments for the employee.

Attention: if you make an accounting error when determining the average earnings, payments to employees will be mistakenly underestimated or overestimated during the period of keeping their average earnings. Therefore, if errors are found, the average earnings must be recalculated.

Withhold the amounts overpaid during the period of keeping the average earnings for the employee from his salary. The fact is that the list of deductions that an organization can make on its own initiative is limited by the provisions of the Labor Code of the Russian Federation and Article 15 of the Law of December 29, 2006 No. 255-FZ. If the employee does not agree with the deduction, go to court (,).

If the average earnings are underestimated, pay the difference to the employee ().

What time of work to include in the billing period when calculating the average earnings

Duration of the billing period *

The duration of the calculation period is 12 calendar months preceding the period of keeping the average earnings for the employee ().

The organization may set a different calculation period for determining the average earnings, provided that this does not worsen the situation of employees. In this case, indicate the selected billing period in the collective agreement or other local document. This is stated in article 139 of the Labor Code of the Russian Federation.

What time is included in the billing period *

When calculating the average earnings, keep in mind that only the hours actually worked should be included in the calculation period.

What time is excluded from the billing period

Exclude from the billing period: *

periods in which the employee, according to the legislation, retained the average earnings (except for breaks for feeding the child). For example, the time spent on a business trip ();
time of illness;
time of maternity leave;
vacation period without pay;
the time when the employee was provided with additional paid days off to take care of children with disabilities and disabled children from childhood;
the period when the employee did not work due to downtime due to the fault of the organization or for reasons beyond the control of the organization and the employee (for example, due to the suspension of the organization or workshop);
the time when the employee did not participate in the strike, but in connection with it could not perform work;
other periods when the employee did not work for reasons provided by law.

This procedure is provided for by the regulations approved.

From the situation of Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

how to determine the average daily earnings for paying vacation pay to an employee working on a rotational basis

When calculating the average daily earnings for paying vacation pay to a shift worker.

With the rotational method of work, the summarized accounting of working hours () is used. And with the summarized accounting, the average daily earnings for paying vacation pay. *

When calculating the average daily earnings, you need to consider:
- ;
- ;
- .

When including certain payments in the calculation of the average daily wages of a shift worker, it is necessary to pay attention to the following features.

There are situations when the end of an employee's vacation falls on an inter-shift rest of the team in which he works. In this case, the employer can ():

Temporarily transfer an employee to another job in the organization for production needs in order to avoid downtime ();
- arrange the transfer of an employee (sample below) to another shift shift ();
- by agreement with the employee, grant him unpaid leave ().

Surcharge for rotational work method

Payment for travel days and breaks between shifts

Travel costs, if they are provided for by the collective agreement, are included in labor costs on the basis of Article 255 of the Tax Code of the Russian Federation.

As for the days of inter-shift rest, according to the Tax Code of the Russian Federation, labor costs include any payments to employees in cash and in kind. These include compensation payments related to the work schedule or working conditions provided for by the norms of the legislation of the Russian Federation, labor or collective agreements. This means that they are taken into account for the purposes of taxation of profits - on the basis of the named article.). This position is reflected in the letters of the Ministry of Finance of Russia).

E.A. Shapoval, lawyer, Ph.D. n.

We solve rotational problems

The rotational method is a special mode of work. Therefore, even standard situations in this mode raise questions.

Is it possible to work overtime on a watch

Z.M. Bunchuk, Ryazan

Is it possible to involve workers in overtime work during the shift and is it necessary to take into account overtime when calculating the duration of the shift rest?

: When working during the shift Articles 103, 304 of the Labor Code of the Russian Federation; nn. 4.2, 4.3, 5.5 Basic provisions, approved. Resolution of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health dated December 31, 1987 No. 794 / 33-82 (hereinafter referred to as the Basic Provisions):

daily work (shift) should not exceed 12 hours;
work for two shifts in a row is prohibited;
daily (inter-shift) rest, taking into account the break for rest and food, can be reduced to 12 hours;
a full week must have at least one day off.

Rotational period (rotational cycle) includes Art. 299 of the Labor Code of the Russian Federation:

shift period (working days and days off according to the work schedule at the facility);
rest period until the next shift (inter-shift rest, weekends and non-working holidays, including days on the way to the place of work and back).

That is, during the shift period, processing is envisaged, since shift workers work, as a rule, 10-12 hours a day, 6 days a week, while the norm is 40 hours a week. For this processing, shift workers after the shift period are provided with an inter-shift rest x Articles 91, 301 of the Labor Code of the Russian Federation; Determination of the Constitutional Court dated 09.29.2015 No. 1883-О.

Involvement of shift workers for overtime work is allowed in case of non-arrival of shift personnel a clause 5.5 of the Basic Provisions.

However, the work of shift workers can be overtime not only in this case. For example, if shift workers, on the basis of the order of the employer, were involved in work e Determination of the Armed Forces of the Komi Republic dated May 21, 2012 No. 33-1573AP / 2012.:

<или>in excess of the working time established by the work schedule during the shift period (for example, this is work in excess of 10 hours, if the shift according to the schedule is 10 hours);
<или>in excess of 12 hours, that is, in excess of the maximum duration of the working day (shift) established by law, if there is no work schedule during the shift period.

Such hours worked overtime on the shift should not be taken into account when determining the duration of the rest between the rotations. After all, they are compensated not as overwork during the shift period, but as overtime work.

The employee can choose the method of compensation:

<или>payment in an increased amount based on the results of the accounting period (since with the rotational method, the summarized accounting of working hours is used and Art. 300 of the Labor Code of the Russian Federation);
<или>additional rest of the same duration as overtime work a Art. 152 of the Labor Code of the Russian Federation.

How to calculate and provide an inter-shift rest

L.A. Bobrovskaya, Moscow

How to correctly calculate the number of days of inter-shift rest, if the shift workers worked during the shift period from 4 to 23 January 2016 18 days to 10 hours? The normal working week for them is 40 hours. How to provide days of inter-shift rest to a shift worker: in calendar days or in working days, that is, excluding weekends and non-working holidays?

: Inter-shift rest are additional days of rest provided to rotational workers for overworking on working days on a shift (as a rule, they work more than 8 hours a day, 6 days a week) Art. 301 of the Labor Code of the Russian Federation.

We calculate the number of days between the shift rest as follows Art. 301 of the Labor Code of the Russian Federation:

* Remaining hours that are not multiples of a whole working day are summed up during the calendar year up to a whole working day (days) and are subsequently added to the days of the next shift between shifts. Art. 301 of the Labor Code of the Russian Federation.

In your case, employees are entitled to 12 full days of inter-shift rest ((18 days x 10 hours - 80 hours (working hours from 4 to 23 January 2016 to production calendar)) / 8 h).

Days of rest between shifts are provided in a row in working days according to the calendar of a five-day working week, that is, they should not coincide with regular weekends (Saturday and Sunday) and non-working holidays and Art. 112 of the Labor Code of the Russian Federation.

How to pay for work on a shift on a holiday

R.A. Katorova, Smolensk

For an employee who has a salary, the working day on the shift coincides with a non-working holiday. How to pay for such a day: as a normal working day on a shift or as work on a holiday?

: Work on a public holiday is always paid at least double the size of e Art. 153 of the Labor Code of the Russian Federation... Scheduled work on a shift on a non-working holiday is included in the standard working time, since for shift workers, the summarized accounting of working hours is applied and articles 153, 300 of the Labor Code of the Russian Federation; p. 1 of the Clarification of the State Committee for Labor of the USSR dated 08.08.66 No. 13 / P-21; Decision of the Supreme Court of 08.02.2006 No. ГКПИ05-1644; sect. 5 Recommendations of Rostrud, approved by Protocol No. 1 dated 02.06.2014... Consequently, it is paid in the amount of at least one day's salary in addition to the salary.

How to reflect the work of shift workers in the report card

M.A. Solnyshkina, Krasnoyarsk

Employees of our organization work on a rotational basis. We use a unified time sheet. How to reflect in the report card work during the shift, inter-shift rest and days on the way to and from the shift?

: For reflection in the report card (as a basis, you can take the unified form No. T-12 or T-13 Resolution of the State Statistics Committee of 01/05/2004 No. 1) the duration of the hours worked on working days according to the schedule during the shift period, you can use the standard alphabetic code "ВМ" or the digital "05" indicating the duration of the hours worked in the column under the code. To take into account these days of operating time in conditions deviating from normal, enter additional lines and use to reflect:

work at night - letter code "H" or digital "02";
overtime work- letter code "C" or digital "04";
work on weekends - alphabetic code "РВ" or digital "03".

In the additional line under the code, indicate the length of time worked in such conditions.

For designation of days off both during the shift period and in the period between the shift rest, the standard letter code "B" or the numeric "26" can be used. But for the convenience of calculating payments for days of inter-shift rest, by order, you can enter additional designations for these days, for example, the letter code "MO". And the days on the way to the place of watch and back, for which there is also no standard designation, can be reflected, for example, with the additional code "ДП".

Is it necessary to pay for the days between the shift rest, not used due to dismissal

M.I. Volkova, Moscow

The employee filed a letter of resignation on on their own... On the day of his dismissal, he did not use 10 days of inter-shift rest. Are we obliged to pay the employee for the days of non-use due to dismissal between shifts?

: Yes, we do. After all, such days were earned by an employee during the shift period before dismissal. h. 3, 4 art. 301 of the Labor Code of the Russian Federation; Definitions of the Armed Forces of the Komi Republic dated May 21, 2012 No. 33-1573AP / 2012. ; KS dated 12.07.2006 No. 261-О... This is also confirmed by the fact that upon dismissal, the employer is obliged to pay overworking hours that are not multiple for whole working days, which accumulate during the calendar year up to whole working days. p. 5.4 of the Basic Provisions; Determination of the St. Petersburg City Court dated 17.09.2013 No. 33-12614 / 2013.

Is it necessary to provide an employee with an inter-shift rest that was not used due to study leave

A.Yu. Bastanyan, Moscow

The employee presented a call-out certificate for the session. Part of the study leave falls on the days of between shifts. Is it necessary for the employee to provide the days of the shift rest that were not used due to the study leave?

: Yes need. After all, study leave is provided for the period specified in the certificate-call e approved By order of the Ministry of Education and Science of December 19, 2013 No. 1368, regardless of whether the days included in this period are workdays or weekends and Art. 107 of the Labor Code of the Russian Federation... At the same time, study leave is not a time of rest, which means that the employee did not use his right to an inter-shift rest. Art. 107 of the Labor Code of the Russian Federation.

Is it possible to provide an employee with a vacation during an inter-shift rest

O.I. Babaeva, Yekaterinburg

According to the vacation schedule, the start date of the employee's vacation falls on the last day of the inter-shift rest. Is it possible to provide the shift worker with a vacation from the date specified in the vacation schedule, or does the vacation need to be rescheduled?

We have already written about changing the planned date in the vacation schedule:

: The annual leave of the shift worker can be granted only after the use of the days of inter-shift rest. p. 7.1. Main provisions; Decision of the Supreme Court of 09.02.2011 No. ГКПИ10-1462... Therefore, the start date of the vacation must be rescheduled. To do this, make changes to the vacation schedule. This can be done at the request of the employee after the approval of the work schedule on the shift, which is brought to the attention of the workers no later than 2 months before it is put into operation. Art. 301 of the Labor Code of the Russian Federation.

What to do if part of the employee's vacation falls on the period of between shifts

A.I. Ilnitskaya, Rostov

Employees of the organization work on a rotational basis. The vacation of one of the workers ended at a time when his shift shift had a period of rest between shifts. He has no unused days of inter-shift rest. What should we do in such a situation?

: In such a situation, the employee had a simple one. By agreement with the employee, you can Art. 72.2 of the Labor Code of the Russian Federation; clause 7.1 of the Basic Provisions:

<или>transfer him to another job before the start of the next shift;
<или>transfer him to another shift shift;
<или>grant him unpaid leave.

If the employee does not agree, then the time until the next shift he needs to be paid in the amount of at least 2/3 of the average wage as a downtime due to the fault of the employer. Art. 157 of the Labor Code of the Russian Federation.

Is it possible to establish part-time working hours for a shift worker on parental leave

I.I. Smirnova, St. Petersburg

The shift worker is on leave to care for a child under the age of 3, as he is raising him alone (without a mother). After the child was 2 years old, he applied for a part-time job. How can we satisfy the employee's application if the shift lasts 3 weeks and the shift workers work in another region?

: It is forbidden to involve women with children under the age of 3 in work performed on a rotational basis. Art. 298 of the Labor Code of the Russian Federation... This prohibition also applies to fathers of children under 3 years of age raising children without mothers and Art. 264 of the Labor Code of the Russian Federation.

Therefore, you cannot allow such an employee to work on the watch. But with the consent of the employee, you can transfer him for up to 1 year to another job on a part-time basis and Art. 72.2. Labor Code of the Russian Federation.

Is it possible to prescribe in an employment contract a condition on a rotational work method after the conclusion of an employment contract

L.N. Popova, Tver

With the employee was concluded labor contract, in which there was no provision for a rotational method of work. Six months later, it became necessary to involve him in work on the watch. Can we include such a condition in the employment contract?

: If the employee agrees to such a change in the employment contract, then you need to conclude an additional agreement with him to the employment contract with Art. 72.1 of the Labor Code of the Russian Federation.

At the initiative of the employer, such a condition can be included in the employment contract only if you have experienced changes in the organizational or technological working conditions (for example, structural reorganization of production). If the employee agrees to your proposal, then the condition on the rotational work method will begin to operate 2 months after you notify him of this. Art. 74 of the Labor Code of the Russian Federation... If he does not agree, then 2 months after notification, he can be dismissed due to refusal to continue working, provided that you will not have vacant post, to which he agrees to transfer and Clause 7, Part 1, Art. 77 of the Labor Code of the Russian Federation... If the employee subsequently challenges the transfer or dismissal, then in the absence of evidence confirming that the change in the terms of the employment contract was the result of changes in the organizational or technological working conditions, the court may recognize them as illegal and Appeal ruling of the Armed Forces of the Republic of Sakha dated 19.09.2012 No. 33-3171 / 2012.

Is it possible to fire a pregnant worker if there is no non-shift work

Z.M. Chikanova, Moscow

An employee has a fixed-term employment contract for a year to perform work on a rotational basis. After 6 months, she submitted a pregnancy certificate and a medical opinion on the provision of another job. There is no work that can be provided to her in the Moscow office. Can we fire her?

: If you do not have a job to which the employee can be transferred, then you need to release her from work before the start of maternity leave with the payment of average earnings from the previous job for all working days falling on that time Art. 254 of the Labor Code of the Russian Federation... Then, on the basis of a certificate of incapacity for work and an employee's statement, you will need to provide her with such a leave to Art. 255 of the Labor Code of the Russian Federation... And you can dismiss an employee only after the end of maternity leave. Art. 261 of the Labor Code of the Russian Federation.

How to pay for sick leave, which falls on the time of the shift rest

A.M. Bakhteeva, Izhevsk

The shift worker fell ill during the inter-shift rest. Are we obliged to pay him sick leave for the days of incapacity for work falling on the days of inter-shift rest, and is it necessary to give the employee then the days of the inter-shift rest unused due to illness?

: Yes, you must pay the employee sick leave for the entire period of illness and h. 8 art. 6 of the Law of December 29, 2006 No. 255-FZ; FSS letter dated 26.01.2012 No. 15-03-11 / 12-782... The unused days between shifts due to illness must be given to the employee later. After all, due to illness, he could not rest.

What to do if the employee is late for the start of the shift

M.I. Mishulina, Vologda

The employee, for a good reason, did not go to the place of work by the start of the shift. Can he himself get to the place of the shift after it has started?

: Yes maybe. At the same time, you are obliged to reimburse him the transportation costs for the journey from the place of gathering to the place of watch according to the standards for commanders to