Shift work schedule according to the Labor Code of the Russian Federation - the rate of hours and the procedure for registration. Shift work schedule according to the Labor Code of the Russian Federation - the norm of hours and the procedure for registration Article 103 of the Labor Code of the Russian Federation provides

The needs of modern society dictate going beyond the standard working day to maximize the efficiency of enterprises and institutions. This article will discuss the conditions for drawing up and introducing a shift schedule, how to keep track of working hours, and the intricacies and nuances of legislative registration of shift work.

Article 103 of the Labor Code of the Russian Federation provides the concept of shift work and the grounds for introducing a shift work schedule. The legislator attributes the following objective circumstances to the reasons for introducing shift work:

The duration of the production process associated with technological features, in which exceeding the permissible duration is inevitable daily work... Or with an urgent need of society for the round-the-clock provision of some services. For example: organizations providing security services (PSC / PSC); round-the-clock emergency medical care.
The need for highly efficient operation technical equipment, more products, certain services... For example, shops and canteens are open 24 hours a day.

Thus, the shift work schedule is widely used in different areas: in the sphere of public services, in continuous production, where conveyors are involved, production lines stopping which is not economically feasible.

According to labor legislation, a shift schedule is a document that regulates the start and end of work, the type of shift (day, night, etc.), the duration of breaks for rest and meals. A shift schedule is a work in 2, 3 or 4 shifts.

We draw up a shift schedule

For the correct drawing up of the shift schedule, it is necessary to take into account its basic components:

the accounting period used by the employer and ensuring the balance of working hours;
the duration of work, which must be provided by the shift schedule;
the procedure for the transfer of workers from one shift to work in another;
actions of the employee in the absence of a shift.

Legally, the standard form of the shift schedule is not fixed. The employer is entitled to prescribe the basic conditions of the document in any form. However, the employer is obliged to comply with the following rules:

according to Part 2 of Art. 91, part 2 of Art. 104 of the Labor Code of the Russian Federation, the duration of working hours should not exceed the normal number of working hours established by labor legislation;
in accordance with Art. 94 of the Labor Code of the Russian Federation, the duration of daily work (shift) for certain categories of workers should not exceed the limit established by law;
according to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of a work shift immediately preceding a non-working holiday is reduced by one hour;
in accordance with Part 2 of Art. 96 of the Labor Code of the Russian Federation, the duration of the shift at night is reduced by one hour without subsequent working off;
according to Part 5 of Art. 103 of the Labor Code of the Russian Federation, work for two shifts in a row is prohibited;
in accordance with Art. 110 of the Labor Code of the Russian Federation, weekly continuous rest should not be less than 42 hours;

The legislator has not established the maximum permissible duration of a work shift, which is confirmed by the letter of Rostrud dated 02.12.2009 No. 3567-6-1. Clarification is required by Art. 94 of the Labor Code of the Russian Federation, since the exceptions to this rule are: minors, disabled people, workers with dangerous or harmful conditions labor for which the time of work during the shift is limited.

Sample shift schedule:

Putting the schedule into action

To put the shift schedule into effect, the employer must:

Issue an order on the introduction of a shift mode of work in any form. The document should indicate the positions for which the shift regime is established, the timing and procedure for introducing shift work.
According to Part 1 of Art. 100 of the Labor Code of the Russian Federation, reflect the condition on the introduction of a shift mode in the labor regulations or a collective agreement.
According to Part 2 of Art. 103 of the Labor Code of the Russian Federation to draw up a shift schedule. After drawing up the schedule, its draft in accordance with Art. 103 of the Labor Code of the Russian Federation, should be sent to the representative body of workers to take into account the opinion. After carrying out all the procedures, including approval, the document is approved by the management by issuing an order.
According to Part 1 of Art. 100, para. 6 h. 2 tbsp. 57 of the Labor Code of the Russian Federation, prescribe a condition on the introduction of a shift mode of work in an employment contract with an employee.

Shift schedule, according to Art. 103 of the Labor Code of the Russian Federation, is an annex to the collective agreement. If not, the schedule of shift activities is developed and adopted as an independent local regulatory act.

In accordance with Art. 103 of the Labor Code of the Russian Federation, shift schedules are brought to the attention of workers no later than one month before they are put into effect. Particular attention should be paid to the date of approval and the date of familiarization of employees with the schedule, since labor legislation protects the employee's rights to timely inform about.

Order on the introduction of a shift schedule:

The schedule of shift activities for a month must be approved and brought to the attention of employees earlier than one month before the start of the month of work. This requirement is difficult to implement if there is a permanent staff turnover at the enterprise, in the institution, it is difficult to put the shift schedule into effect without adjustments, taking into account the dismissed and newly hired employees.

The employer has a wide range of ways to notify employees about the introduced shift work schedule:

mailing of letters;
placement of information on information stands;
announcement against receipt, etc.

The norm of hours with a shift work schedule according to the Labor Code

Time tracking is a measurement of compliance with an employee's obligation to meet the working time standard. There are modes:

with the day;
weekly;
summarized accounting of working hours.

Cumulative count

According to Part 1 of Art. 104 of the Labor Code of the Russian Federation with this special regime, the duration of working time for the accounting period should not exceed the normal number of working hours, the accounting period itself cannot exceed 1 year.

It is possible to comply with the requirements of the current legislation if it is possible to properly organize a continuous work process and correctly calculate the norm of working time, relying, among other things, on the Order of the Ministry of Health and Social Development of the Russian Federation of 13.08.2009 No. 588n "On approval of the Procedure for calculating the norm of working time for certain calendar periods quarter, year) depending on the established working hours per week. " A useful tool when calculating the rate of hours for a shift work schedule is the working time calculator, with the basic values and values already entered into the calculation program.

The introduction of summarized accounting is inevitable if workers must be at the workplace all 24 hours. For specific work schedules:

2 – 2 – 3;
2 through 2;
three days later;
day - night - dump - day off and others,

the normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of employees.

For workers:

part-time work (shift);
mainly in the second shift;
part-time work week;
non-working holidays;
weekend,

the normal number of working hours for the accounting period decreases accordingly, however, the payment for night hours in case of shift work is especially taken into account, the payment overtime hours, the duration of the shift at night and non-working holidays with a shift mode of activity.

The current legislation, namely article 96 of the Labor Code of the Russian Federation, refers to work at night from 22.00 to 6.00. Each hour labor activity that falls on the night period must be paid in an increased amount compared to work under normal conditions, according to Art. 154 of the Labor Code of the Russian Federation. Minimum size the increase in pay for night work is 20% of the hourly wage rate for each hour.

Following the requirements of Article 153 of the Labor Code of the Russian Federation, working hours on a non-working holiday must be paid in accordance with the rules specified by labor legislation. However, the employee will be paid the standard single rate if he or she chooses to receive another day of rest for work on a non-working holiday.

When drawing up a shift work schedule weekends fall on different days of the week, and do not always fall on Saturday or Sunday. Therefore, if the work shift falls on a day off, then this day is considered a working day and the salary is calculated in a single amount.

With the summarized accounting of working hours, overtime work includes:

planned processing - if the processing hours are already indicated in the shift schedule, which could not be drawn up within the normal range;
unplanned processing - carried out by an employee at the initiative of the employer, for example, if he does not appear at workplace replacement.

Leave for a shift work schedule is provided taking into account the same requirements of labor legislation that apply to the usual mode of work, i.e. according to Art. 114 of the Labor Code of the Russian Federation.

Daily count

If the employer applies a daily calculation, then a certain established rate of work per day does not change and is always the same, regardless of the day of the week. Hours worked in excess of the fixed rate are considered overtime work and are due for financial compensation... Following the requirements of Article 100 of the Labor Code of the Russian Federation, when organizing the labor process, daily time counting is established for workers who work on a 5- or 6-day working week, with two or one day off, respectively. The length of the working day is equal and fixed. This is enshrined in the internal labor regulations. Per reporting period to be taken into account is taken 1 working day.

Time tracking can be weekly. At the same time, the time of daily work is established and regulated by the shift schedule. The weekly count is applicable for flexible work. With this schedule, the number of working hours per day is variable. The calculation of the labor rate with this approach is done daily, but accounting and analysis is carried out weekly. At the same time, the labor norm is observed precisely for a week, and not for one shift. At the end of the week, overtime is calculated.

For executives looking to improve productivity and business profitability, shift work is the optimal solution. The rationality of work in shifts is determined by the management, at the same time, implementation in the production process is carried out with strict observance of the requirements of the current legislation, ensuring guarantees of the organization's employees.

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.

From this article you will learn

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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 the 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 of 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 a collective agreement has already been concluded at the time of the introduction of the shift work, 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 documenting them. 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 the trade union organization, if there is one 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. A list of the most common mistakes that are made when forming a 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

The full text of Art. 103 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 103 of the Labor Code of the Russian Federation.

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.

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 Article 103 of the Labor Code of the Russian Federation

1. The norms of the commented article by the legislator set out the procedure for organizing work in the mode of several shifts.

Shift work is the organization of work in two, three or four shifts.

The main feature of the specified mode of operation is the need to organize the production process for a time exceeding the permissible duration of daily work. The goal of organizing work on a multi-shift basis may be to maximize equipment utilization. In addition, such a work schedule may be due to an increase in the volume of products or services provided.

In the case of organizing work in several work shifts, the duration of work during one shift should not exceed the duration established in accordance with the requirements of the current labor legislation.

By letter of Rostrud dated March 1, 2007 N 474-6-0 "Multi-shift mode of operation", explanations were given in relation to the spirit-shift mode of work. According to the Legal Department of Rostrud, in a two-shift mode of operation, the duration of a shift is, as a rule, 12 hours. However, it may slightly exceed the permissible duration of daily work. The permissible (maximum) duration of daily work is established only for certain categories of workers. 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 4 hours. And if we are not talking about the categories of workers for which the Labor Code of the Russian Federation has established a maximum duration of daily work, then in this case the establishment of part-time work will take place. If the organization has a 20-hour work week for employees, but they actually work 40 hours a week, overtime work takes place. Moreover, the duration overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year. This cannot be recognized as a two-shift operation.

2. The employer approves the shift schedules.

The legislator obliges the employer, when drawing up shift schedules, to take into account the opinion of the representative body of employees. The latter, in turn, after receiving the draft schedule for the shift of workers, must agree in writing such a LNA in writing and return it to the employer no later than five working days.

If the elected body of the primary trade union organization for any reason does not agree with the draft shift work schedule, or there are comments and suggestions for making changes, then the relevant proposals, changes, comments are sent to the employer simultaneously with the shift schedule.

The legislator obliges the employer to agree with the proposals of the body of the primary trade union organization or, in order to reach a mutually acceptable solution, within three days after receiving a reasoned opinion, to conduct additional consultations with the elected body of the primary trade union organization of workers.

Note that at present, due to the absence of a representative body of workers in many organizations, the coordination of the shift schedule in organizations with a small number of employees can be carried out directly with the workers. In the case of the presence in the organization of teams working in shifts, coordination is often carried out through the head of the team (foreman) as a representative of the workers.

One of the important conditions for organizing work in several shifts is the obligation of the employer to draw up shift schedules and bring them to the attention of employees no later than one month before the schedule is put into effect. In this case, the employees must be familiarized with the schedules in writing.

The provisions of the commented article also establish that carrying out work for two shifts in a row is prohibited.

Another commentary on Art. 103 of the Labor Code of the Russian Federation

1. Part 1 of the commented article indicates two cases when it is possible to introduce a shift mode:

1) if the duration of the production process exceeds the permissible duration of daily work;

2) in order to more efficiently use equipment, increase the volume of products or services provided.

2. At the heart of the organization of shift work is the shift schedule, which sets the number of shifts, the beginning and end of each shift, rest breaks and the order of rotation of shifts.

The duration of the change is not determined by either the Labor Code or other federal laws. Limitations on the duration of shifts apply only to minors, disabled workers and persons employed in jobs with harmful and (or) hazardous working conditions (see Article 94 of the Labor Code and the commentary to it).

3. In continuous production, when it is impossible to comply with the weekly norm of working time for each shift of workers, shift schedules are drawn up on the basis of the summarized accounting of working time (see article 104 of the Labor Code and the commentary to it).

Shift schedules can be drawn up for different periods. If shift work is organized using the summarized accounting of working hours, the shift schedule is drawn up for the accounting period.

When drawing up a shift schedule, the employer is obliged to take into account the opinion of the representative body of employees and bring the approved schedule to the attention of employees no later than one month before its entry into force.

Consultations and comments of lawyers under Article 103 of the Labor Code of the Russian Federation

If you still have questions about Article 103 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

New edition of Art. 103 of the Labor Code of the Russian Federation

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.

Commentary on Article 103 of the Labor Code of the Russian Federation

Multi-shift operation - work in two, three or four shifts during the day (for example, three shifts of 8 hours). At the same time, employees of the organization work in different shifts for a certain period of time (for example, a month).

The organization of labor using a multi-shift work regime is carried out in the manner determined by Article 103 of the Labor Code of the Russian Federation and the Decree of the USSR Council of Ministers 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 "On the transition of associations and enterprises to multi-shift work in order to increase production efficiency."

Shift work is introduced at enterprises in cases where the duration of the production process exceeds the permissible duration of daily work, in order to more efficient use of equipment, increase the volume of products or services provided.

When using a shift mode of work, each group of workers must perform work during the established duration of working hours in accordance with the shift schedule (for example, 8 hours with a 5-day working week), which determine the order of transition of workers from one shift to another.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. The shift schedule can be either an independent local act or annexed to the collective agreement.

Shift schedules should reflect the requirement of Article 110 of the Labor Code of the Russian Federation to provide employees with a weekly uninterrupted rest of at least 42 hours. Daily (inter-shift) rest must be at least twice the duration of the work time in the shift preceding the rest.

Shift schedules are communicated to employees no later than one month before they are put into effect. Failure to comply with this deadline violates the employee's right to timely inform him about changes in working conditions. Work for two shifts in a row is prohibited.

When using shift work, day, evening and night shifts are distinguished. A shift in which at least 50 percent of the working time falls on night time is considered a night shift (the night time is from 10 pm to 6 am), and the shift immediately preceding the night time is considered to be evening.

Another commentary on Art. 103 of the Labor Code of the Russian Federation

1. Article 103 of the Labor Code of the Russian Federation regulates both the conditions for the use of shift work and the procedure for approving and introducing shift schedules.

2. Part 1 of Art. 103 indicates two cases where it is possible to introduce shift operation:

a) if the duration of the production process exceeds the permissible duration of daily work. The duration of the production process is determined by technological factors; the production process can take part of a day that exceeds the duration of the work shift, or it can be continuous. Since the duration of daily work is not established by law (with the exception of the duration of daily work of certain categories of workers), the permissible duration of daily work should be understood as the duration of work (shift) established by the internal labor regulations;

b) in order to more efficiently use equipment, increase the volume of products or services provided.

3. The organization of shift work is based on the shift schedule, which sets the number of shifts, the beginning and end of each shift, rest breaks and the order of rotation of shifts.

The duration of the shift is not determined by the Labor Code or other federal laws. Limitations on the duration of shifts apply only to minors, disabled workers and persons employed in jobs with harmful and (or) hazardous working conditions (see article 94 of the Labor Code of the Russian Federation and a commentary to it).

4. In continuous production, when it is impossible to comply with the weekly norm of working time for each shift of workers, shift schedules are drawn up on the basis of the summarized accounting of working hours (see article 104 of the Labor Code of the Russian Federation and the commentary to it). The most rational for continuous production is considered to be a mode of operation based on the use of a four-brigade shift schedule. The essence of this schedule is that four teams provide round-the-clock work, of which three work daily, and the fourth rests. There are several options for a four-brigade schedule. The four-day option is widely used: each team works four days in one shift, and then after a rest (one or two days) switches to another shift. With an eight-hour shift, the brigade will work a different number of hours per month. For example, if the standard working time per month is 167 hours, the first team will work 128 hours, the second - 178, the third - 152, and the fourth - 184 hours. Such schedules are introduced, as a rule, for three months or a longer period, which makes it possible to compensate for overworking in one month by underworking in other months and, on average, ensure compliance with the weekly norm of working hours ( Guidelines on the organization of multi-shift work of industrial associations (enterprises) of industry // Transition to a multi-shift mode of work: Collection of materials. M., 1988.S. 15).

See Encyclopedias and other comments on Article 104 of the Labor Code of the Russian Federation

When, according to the conditions of production (work), individual entrepreneur, in the organization as a whole or when performing certain types the daily or weekly working hours established for this category of workers (including employees engaged in work with harmful and (or) hazardous working conditions) cannot be observed, it is allowed to introduce a summarized recording of working hours so that the working hours for the accounting period (month, quarter and other periods) did not exceed the normal number of working hours. The accounting period cannot exceed one year, and for accounting of the working time of workers employed in work with harmful and (or) dangerous working conditions - three months.

In the event that for reasons of a seasonal and (or) technological nature for certain categories of workers employed in jobs with harmful and (or) hazardous working conditions, the established working hours cannot be observed during an accounting period of three months, industry (intersectoral ) an agreement and a collective agreement may provide for an increase in the accounting period for recording the working time of such employees, but not more than up to one year.

The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers. For employees working part-time (shift) and / or part-time working week, the normal number of working hours for the accounting period is reduced accordingly.

The procedure for introducing the summarized recording of working hours is established by the internal labor regulations.

Information about changes:

Federal Law No. 90-FZ of June 30, 2006 amended Article 105 of this Code, which shall enter into force 90 days after the day of the official publication of the said Federal Law

Article 105. Division of the working day into parts

See comments on article 105 of the Labor Code of the Russian Federation

In those jobs where it is necessary due to the special nature of work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total working time does not exceed the established duration of daily work ... Such a division is made by the employer on the basis of a local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization.

See the List of professions and positions of communications workers for which the employer can establish a divided working day, approved by order of the Ministry of Communications of the Russian Federation of September 8, 2003 N 112

Article 103 of the Labor Code of the Russian Federation. Shift work

New edition of Art. 103 of the Labor Code of the Russian Federation

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.

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 Article 103 of the Labor Code of the Russian Federation

The organization of work when using a multi-shift work regime is carried out in the manner determined by Article 103 of the Labor Code of the Russian Federation and the Decree of the USSR Council of Ministers 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 "On the transition of associations and enterprises to multi-shift work in order to increase production efficiency."

Another commentary on Art. 103 of the Labor Code of the Russian Federation

1. Article 103 of the Labor Code of the Russian Federation regulates both the conditions for the use of shift work and the procedure for approving and introducing shift schedules.

2. Part 1 of Art. 103 indicates two cases where it is possible to introduce shift operation:

b) in order to more efficiently use equipment, increase the volume of products or services provided.

3. The organization of shift work is based on the shift schedule, which sets the number of shifts, the beginning and end of each shift, rest breaks and the order of rotation of shifts.

4. In continuous production, when it is impossible to comply with the weekly norm of working time for each shift of workers, shift schedules are drawn up on the basis of the summarized accounting of working hours (see article 104 of the Labor Code of the Russian Federation and the commentary to it). The most rational for continuous production is considered to be a mode of operation based on the use of a four-brigade shift schedule. The essence of this schedule is that four teams provide round-the-clock work, of which three work daily, and the fourth rests. There are several options for a four-brigade schedule. The four-day option is widely used: each team works four days in one shift, and then after a rest (one or two days) switches to another shift. With an eight-hour shift, the brigade will work a different number of hours per month. For example, if the standard working time per month is 167 hours, the first team will work 128 hours, the second - 178, the third - 152, and the fourth - 184 hours. Such schedules are introduced, as a rule, for three months or for a longer period, which makes it possible to compensate for overworking in one month by shortcomings in other months and, on average, to ensure compliance with the weekly norm of working hours (Methodological recommendations for organizing multi-shift work of industrial associations (enterprises) of industry // Transition to a multi-shift mode of operation: Collection of materials. M. 1988. P. 15).

5. Shift schedules can be drawn up for different periods. If shift work is organized using the summarized accounting of working hours, the shift schedule is drawn up for the accounting period.

6. The prohibition of work for two shifts in a row is additional guarantee realization by employees of their right to rest.

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Article 100 of the Labor Code of the Russian Federation. Working hours

The working time regime should provide for the duration of the working week (five days with two days off, six days with one day off, a working week with the provision of days off on a sliding schedule, part-time work week), work with irregular working days for certain categories of workers, the duration of daily work ( shifts), including part-time workdays (shifts), start and end times of work, break time, number of shifts per day, alternation of workers and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, and for employees whose working hours differ from the general rules established by the given employer - labor contract.

Read also: How vacation pay is calculated upon dismissal

The specifics of the working hours and rest hours of transport, communications and other workers with a special nature of work are determined in the manner established by the Government. Russian Federation.

Comments to Art. 100 of the Labor Code of the Russian Federation

1. The Labor Code for the first time reveals the concept of "working hours" and its content. It follows from the commented article that the working time regime is the distribution of work time during a specific calendar period (the number of working days per week or another period, the duration and rules for alternating shifts, the start and end time of work, the time and duration of breaks).

Working time consists of the actual hours worked during the day, which may be more or less than the duration of work (shift) established for the employee. V work time some other periods within the normal working hours are also included when the work was not actually performed, for example, idle time through no fault of the employee, paid breaks during the working day (shift), but the employee must be in the organization.

2. The working hours include both the structure of the working week and the establishment of part-time work, a fragmented working day, as well as shift schedules, flexible work schedules and a rotational work method.

3. At the level of legislation, the procedure for establishing the labor regime and some of its elements are determined. For individual sectors of the economy, it can be determined at the level of a sectoral agreement, which is able to take into account the peculiarities and specifics of the work of a particular sector.

4. Specific working hours for categories of workers or individual worker are established by the employer in local regulations (collective agreement, internal labor regulations, shift schedules) or employment contracts. In this case, the shift schedules are approved by the employer in agreement with the relevant trade union body, taking into account the opinion of the labor collective.

In accordance with Art. 190 of the Labor Code, internal labor regulations are usually attached to the collective agreement and communicated to all employees.

5. The start and end times of daily work (shift) are stipulated by the internal labor regulations and shift schedules, taking into account local specifics (operating mode of transport, local institutions). These local acts are consistent with both labor collective and, if necessary, with local governments.

6. Local acts on working hours must comply with the norms of working hours enshrined in the Labor Code and other normative acts on labor, as well as in sectoral and local acts on labor.

7. Workers rotate evenly in shifts. The transition from one shift to another is determined by the shift schedules.

In practice, modes are used with daily, weekly and cumulative accounting for working hours. These modes mean different ways implementation of the working time norm established in the legislation during the corresponding accounting period. Each of the modes has specific features and can be used taking into account the type of activity of the organization and the nature of the job function of a particular employee.

The employer is obliged to keep a daily record of the time worked by employees.

8. The commented article states that the working hours should include regulation of such issues as:

the duration of the working week (normal working hours (Article 91 of the Labor Code);

reduced working hours (Article 92 of the Labor Code);

types of the working week (5-day with 2 days off, 6-day with 1 day off, working week with the provision of days off on a sliding schedule - Art. 111 of the Labor Code);

a list of positions of employees with irregular working hours (Article 101 of the Labor Code);

duration of daily work (shift) (Article 94 of the Labor Code);

time of breaks in work (breaks for rest and meals) (Article 108 of the Labor Code); special breaks for heating and rest (Article 109 of the Labor Code); breaks for feeding a child (Article 258 of the Labor Code); alternation of working and non-working days (compliance with the duration of inter-shift, weekly uninterrupted rest (Articles 107, 110, 111 of the Labor Code) and other modes of operation (part 1 of the commented article).

9. The specifics of the working hours are determined in the manner established by the Government of the Russian Federation. These are, for example, regulatory legal acts that determine the specifics of working hours and rest time for certain categories of workers with a special nature of work, in particular, the Regulation on the specifics of the working hours and rest hours of communications workers with a special nature of work (approved by Order of the Ministry of Communications of Russia dated 8 September 2003 N 112). In practice, various modes of determining working hours are used (namely, daily, weekly and summarized), with the help of which the peculiarities of the organization's activities are taken into account.

The mode of working time or the mode of work determines the order of distribution of the norm of working time, its beginning, end, break in work. By agreement between the employee and the employer, flexible, rolling work schedules may be introduced for certain categories of employees. Sometimes such schedules are introduced taking into account the specifics of the work, collective agreements or internal labor regulations.

The rotational work method is established for workers performing labor function in areas of work remote from a permanent place of residence (for example, oil fields, etc.). A shift is an on-site shift of workers for 2-4 weeks (in accordance with their shift schedules). The shift hours include both working hours and rest hours.

The watch lasts up to 1 month. then it is replaced by another shift group and rests (also up to 1 month) at the place of residence. To work on a rotational basis an additional payment of 50 or 75% of the tariff rate is made.

The fragmented working day is introduced for some workers who perform a labor function at certain time periods, for example, for drivers of urban passenger transport and other workers. With such a schedule, the established working hours of work per day, week, month must be observed.

10. By Decree of the Government of the Russian Federation of December 10, 2002 N 877, it is determined that the features of the working time and rest time of certain categories of workers with a special nature of work are determined by the corresponding federal authorities executive power in agreement with the Ministry of Health and Social Development of Russia.

Regulations on the specifics of working hours and rest hours for crew members (civilian personnel) of support vessels of the Armed Forces of the Russian Federation, approved by By order of the Russian Ministry of Defense of May 16, 2003 N 170.

Regulations on the specifics of the working hours and rest hours of employees of organizations engaged in the extraction of precious metals and precious stones from alluvial and ore deposits, approved. By order of the Ministry of Finance of Russia dated April 2, 2003 N 29n.

Regulations on working hours and rest hours of workers of the floating composition of ships of the sea fleet approved. Resolution of the Ministry of Labor of Russia of February 20, 1996 N 11.

11. By order of the Ministry of Transport of Russia dated May 16, 2003 N 133 approved. Regulations on the specifics of the working hours and rest hours for workers of the floating composition of inland water transport vessels.

By order of the Ministry of Transport of Russia dated August 20, 2004 N 15 approved. Regulations on the peculiarities of the working hours and rest hours of car drivers.

In addition, you should also call Orders:

Ministry of Railways of Russia of March 5, 2004 N 7 "On approval of the Regulation on the specifics of the working hours and rest time, working conditions of certain categories of railway workers directly related to the movement of trains";

Ministry of Transport of Russia dated January 30, 2004 N 10 "On the approval of the Regulations on the specifics of the working hours and rest hours of workers exercising control over the air traffic of civil aviation of the Russian Federation";

Ministry of Transport of the Russian Federation of November 21, 2005 N 139 "On approval of the Regulations on the specifics of the working hours and rest hours of crew members of civil aviation of the Russian Federation";

Ministry of Transport of Russia dated October 18, 2005 N 127 "On approval of the Regulation on the specifics of the working hours and rest hours of tram and trolleybus drivers";

Ministry of Transport of Russia of June 8, 2005 N 63 "On approval of the Regulation on the specifics of the working hours and rest hours of metro workers";

Roshydromet dated December 30, 2003 N 272 "On approval of the 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 ";

Goskomrybolovstvo of Russia of August 8, 2003 N 271 "On approval of the Regulations on the specifics of the working hours and rest hours of certain categories of workers in the fishery complex with a special nature of work";

FSB of Russia of April 7, 2007 N 161 "On approval of the Regulation on the specifics of the working hours and rest hours of crew members from among the civilian personnel of border patrol vessels, boats";

Ministry of Industry and Energy of Russia dated January 9, 2007 N 1 "On approval of the Regulation on the specifics of regulation of work, work and rest regimes of certain categories of workers of paramilitary rescue units performing rescue services for coal (oil shale) mining (processing) organizations";

Read also: An employee who has entered into an employment contract is obliged

Ministry of Education and Science of Russia of March 27, 2006 N 69 "On the peculiarities of the working time and rest time of pedagogical and other employees of educational institutions."

Federal Service for Supervision of Consumer Rights Protection and Human Welfare, the Main State sanitary doctor RF September 19, 2006 approved. Methodical recommendations MP 2.2.7.2129-06 "Modes of work and rest of workers in cold weather in an open area or in unheated rooms."

12. One of the types of working hours is duty, which is often found in organizations. Legal act regulating the watch is the Resolution of the Secretariat of the All-Union Central Council of Trade Unions of April 2, 1954 N 233 "On duty at enterprises and institutions."

In accordance with the said Resolution, the duty of workers and employees at enterprises and institutions after the end of the working day, on weekends and holidays can be introduced in exceptional cases and only by agreement with the factory, plant, local committee. It should not be allowed to involve workers on duty more than once a month.

In the case of bringing on duty after the end of the working day, the attendance for workers with both standardized and irregular working hours is postponed on the day of duty to a later time. The duration of duty or work together with duty cannot exceed the normal length of the working day.

Shifts on weekends and holidays are compensated by the provision within the next 10 days of time off for the same duration as the shift.

RF Codes

Features of shift work

The established schedule for the employee to fulfill his duties, characterized by the presence of a different time regime, is usually called a shift schedule of work activities.

In the event that the production process requires specialists to constantly monitor and continuously implement the goals and objectives set by the enterprise, it is advisable to use just such a method for determining the time intervals for which it should be performed. definite plan work.

This article will go into more detail about the main features of this graph and about its main ways of debugging the coordinated work of the entire enterprise.

Shift work schedule - Labor Code (Labor Code of the Russian Federation)

The shift work schedule is based on article 103 of the Labor Code of the Russian Federation. According to all these points, the shift schedule can include 2,3 or 4 work shifts if the work process requires exceeding the standard norms for the duration of daily activities, or in order to produce maximum output using equipment and technologies to increase the volume of manufactured product and, as a result, a significant growth in profits.

The system is regulated by dividing all employees into several groups and determining for each of them the appropriate mode of performance of their work duties. Simply put, a special schedule is drawn up for all workers to go to work in different shifts and the duration of the labor process is determined.

The employer, when drawing up the schedule, must mandatory take into account the wishes and capabilities of all specialists working at his enterprise, whose interests are under the reliable protection of a special trade union body. The achievement of all mutually beneficial agreements between an entrepreneur and a trade union is regulated by article 372 of the Labor Code of the Russian Federation.

All working groups must be deliberately aware of the subsequent introduction of a new shift mode no later than one month before the entry into force of all of its orders.

What does shift work mean?

A shift work regime is a necessary measure for the implementation of the production process at enterprises where stoppage is excluded technical work or there may be short breaks that require a minimum expenditure of working time.

The standard number is usually 2.3 or 4 shifts, assuming a certain time frame for the implementation of all the goals and tasks assigned to the working group. Employees who are part of specially created teams undertake to carry out a consistent process of fulfilling all their duties without admitting any disruptions and interruptions in the coordinated work of the whole institution.

This approach guarantees the maximum use of all technical resources, the production of a large volume of products and a gradual increase in the monetary profit of the entire enterprise.

In the labor legislation there is no clarification about the quantitative indicator of workers in one group, and for this reason there is a certain debate regarding the shift to work between two specialists in the production process. And yet, most employers agree that the team must have at least three employees throughout the shift.

Institutions and enterprises operating on the basis of shift work

According to article 103 of the Labor Code of the Russian Federation, a continuous work schedule can be implemented at those enterprises that are characterized by the implementation of continuous work activities of the entire technical process. Namely:

At facilities with a continuous technical process. These are all kinds of factories and plants based on the performance of chemical, metallurgical, automotive and other activities, as well as any other enterprises, the interruption of production of which may lead to various negative consequences, up to accidents.
In emergency organizations. The civilian population requires constant monitoring by the police, firefighters, ambulances and other services that can immediately respond to an incoming signal to prevent possible emergency situations.
At enterprises trading network and customer service. These include 24/7 establishments restaurant business, pharmacies, supermarkets and other stores with continuous customer service.
In infrastructure institutions. Carrying out the transportation of passengers and any other cargo requires continuous systematic work of transport enterprises.
At facilities where the use of a shift schedule is able to organize the most effective work equipment of the entire enterprise.

Shift work: what to remember

When establishing such a working regime, the employee must keep in mind all his rights, backed up by legislation, and the entrepreneur should take into account the fulfillment of all relevant duties.

Therefore, it is worth considering the following individual points:

The length of time for an employee to perform his duties should not exceed all the relevant standards regulated by Russian law.
The duration of a work shift for a certain team of workers cannot violate the established norms prescribed in Article 94 of the Labor Code of the Russian Federation.
Article 110 of the Labor Code of the Russian Federation regulates the receipt by an employee of a weekly rest, the duration of which cannot be less than 42 hours.
It is impossible for the same employee to accept two consecutive shifts.
If the labor process falls on the period from 22.00 to 6.00, then such a shift is usually called a night shift.
If the entrepreneur does not agree on the established schedule with the trade union body, such a document can be considered in the appropriate courts for further appeal.
When a specialist's work shift falls on a holiday of the calendar, in this case he is entitled to a double equivalent of money or the opportunity to choose another day for rest.

How long can a shift last

The length of a shift may differ according to different categories of workers:

For people aged 15 to 16, the shift can last for 5 hours. For persons aged 16 to 18 - 7 hours.
For persons combining work with study and who are between the ages of 14 and 16, the duration of a shift is 2.5 hours; if the age is in the range from 16 to 18 years, then the schedule cannot exceed 4 hours of work.
For persons whose working conditions are characterized by harmful or dangerous factors of production, a shift is established, calculated for 8 hours if the working week consists of 36 hours, and for 6 hours if the working week consists of 30 hours.
A special employment contract may provide for an increase in the duration of a shift to 12 hours with a working week of 36 hours and up to 8 hours with a working week of 30 hours.

Night work, weekends and holidays with a shift schedule

The night schedule presupposes a number of certain features, namely, groups of certain specialists who are prohibited from being included in the night work schedule:

women at any stage of pregnancy;
persons who have not reached the age of majority, except for those involved in artistic events;
workers listed in special regulations.

women who have small children under 3 years old;
persons with disabilities;
workers who have children with disabilities in their families;
persons who assume the care of a sick relative;
mothers and fathers who are single-handedly raising children under 5 years of age.

Also, in accordance with written consent, it is possible to attract an employee to work on weekends. If the shift fell on a holiday, payment is made in double size or you can choose one day of rest.

Time tracking

According to article 91 of the Labor Code of the Russian Federation, the employer is obliged to keep track of all the time worked, established in special regulations. To carry out such control, developed and approved timesheets are used, which are filled in on the basis of the internal work procedure.

How to draw up a shift schedule correctly

When drawing up, the following points should be taken into account:

In the process of developing a schedule, it is necessary to build on all the prescribed norms and limits in specially developed regulatory documents.
The shift that falls on the eve of the holiday is reduced by one hour.
The work schedule at night becomes one hour less without further working off.
The entrepreneur has the right to any form of drawing up the document.