The concept of "shift schedule" in the employment contract. How to set shift work

EMPLOYMENT CONTRACT (shift work schedule)

________________ "___" ___________ ____

Hereinafter referred to as ___ "Employer", represented by _____________________________, acting ___ on the basis of ___________________, on the one hand, and _________________________, hereinafter referred to as ___ "Employee", on the other hand, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer undertakes to provide the Employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing the norms labor law, the collective agreement, agreements, local regulations and this employment contract, pay the Employee wages in a timely manner and in full, and the Employee undertakes to personally fulfill the labor function, comply with the Internal Labor Regulations in force at the Employer.

1.2. The employee is hired at ________________________________ for the position of _________________________.

The work under this contract is the main / part-time job for the Employee.

1.3. The place of work of the Employee is ________________________, located at the address: _________________________________.

1.4. The work of the Employee under this contract is carried out in normal conditions. The work obligations of the Employee are not related to the performance heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special conditions labor.

1.5. The employee reports directly to _____________________.

2. TERM OF THE CONTRACT

2.1. This employment contract is concluded without limitation of validity. Start date of work: "___" ___________ ____

Option: this employment contract is concluded for a period from "___" __________ ____ to "___" __________ ____, grounds: ____________________________.

Date of commencement of work: "___" __________ ____

2.2. The employee is set a probationary period of _____ (___________) months from the date of commencement of work.

Option: The employee begins to perform his duties without probationary period.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. The employee is paid wages in the amount of ______ (______) rubles.

3.2. The following measures of material incentives are provided for the Employee:

3.2.1. Surcharges ___________________________________________.

3.2.2. Allowances __________________________________________.

3.2.3. Prizes ____________________________________________.

3.2.4. Other ____________________________________________.

3.3. Wages are paid to the employee in cash Money at the Employer's cash desk (option: by non-cash transfer to the Employee's bank account) within the time limits established by the Internal Labor Regulations.

3.4. Deductions may be made from the Employee's salary in cases provided for by law Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. Working hours for the Employee are 48 hours per week in shift work in accordance with the shift schedule approved by the Employer: in two (three, four) shifts.

4.2. The duration of the shift is ___________ hours.

1 shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

2nd shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

3rd shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

4th shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes.

4.3. During the working day, the Employee is given a break for rest and meals lasting ___________, which work time does not turn on.

4.4. The employee is granted an annual paid leave of __________ calendar days, consisting of a main vacation of __________ (at least 28) calendar days; additional _________ calendar days.

The right to use the leave for the first year of work arises for the Employee after six months of his continuous work for this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the Employer.

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. The employee is obliged:

5.1.1. Faithfully perform the following official duties:

- _____________________________________________________________.

5.1.2. Comply with the Internal Labor Regulations and other local regulations of the Employer.

5.1.3. Observe labor discipline.

5.1.4. Comply with labor protection and labor safety requirements.

5.1.5. Take care of the property of the Employer and other employees.

5.1.6. Immediately notify the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property.

5.1.7. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management.

5.1.8. Do not disclose information constituting a trade secret of the Employer.

5.2. The employee has the right to:

5.2.1. Protecting your professional honor and dignity.

5.2.2. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this agreement.

6.1.2. Provide the Employee with the work stipulated by this agreement.

6.1.3. Provide the Employee with premises, equipment, technical documentation and other means necessary for the execution of job duties.

6.1.4. Pay in full the wages due to the Employee within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties.

6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious efficient work.

6.2.2. Require the Employee to perform the labor duties specified in job description, respect for the property of the Employer and other employees, compliance with the Internal Labor Regulations.

6.2.3. Involve the Employee in disciplinary and liability in the manner prescribed by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

8. WARRANTY AND REFUND

8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation labor law, the Internal Labor Regulations of the Employer, other local regulations of the Employer, as well as causing the Employer material damage he bears disciplinary, financial and other liability in accordance with the labor legislation of the Russian Federation.

9.2. The Employee is obliged to compensate the Employer for the direct actual damage caused to him. Lost income (lost profit) is not subject to recovery from the Employee.

9.3. The employer bears material and other liability in accordance with current legislation Russian Federation.

9.4. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

10. TERMINATION

10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.2. In all cases, the day of dismissal of the Employee is the last day of his work.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are drawn up bilaterally. written agreement.

11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the legislation of the Russian Federation.

11.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation.

11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS OF THE PARTIES

12.1. Employer: ___________________________________________________ location address: ________________________________________________________________, TIN ____________, KPP __________________, R / s _____________________________ in ______________________________________, BIC ____________________________. 12.2. Employee: ___________________________________________________________ Passport: series _____ number _____________, issued on ___________________________ _______________________ "___" _________ ____, subdivision code ________, registered at: ____________________________________________. 13. SIGNATURES OF THE PARTIES Employer: Employee: ____________/_____________/ ____________/__________/ M.P.

Similar Documents


Employment contract with an employee who will work in a shift schedule, has its own design nuances (we will tell you how to register them correctly):

  1. the section on working hours and rest should contain information that the employee spends labor activity in shift mode.
  2. The duration of the shift is specified in hours, the type of accounting for work time is monthly, weekly, or quarterly.

Other items are drawn up according to the standard scheme - salary, vacation conditions, mutual responsibility of the employee and employer, etc. Example of registration: the employee works on a shift schedule according to the “ Production activity". The schedule under the name "Production activity" must be attached to the contract, and the person must be familiarized with it. The most common shift mode is 2 through 2 work.

Employment contract with a shift work schedule

The employer bears material and other liability in accordance with the current legislation of the Russian Federation. 9.4. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

10. TERMINATION OF THE AGREEMENT 10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation. 10.2. In all cases, the day of dismissal of the Employee is the last day of his work.
11. FINAL PROVISIONS 11.1. The terms of this employment contract are confidential and not subject to disclosure. 11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties.

How to fill out an employment contract with a shift work schedule according to the model?

For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement. 9. RESPONSIBILITY OF THE PARTIES 9.1. In case of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Rules of the internal labor regulations of the Employer, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation .


9.2. The Employee is obliged to compensate the Employer for the direct actual damage caused to him. Lost income (lost profit) is not subject to recovery from the Employee.
9.3.

Employment contract with shift work schedule

Attention

Working hours for the Employee are 48 hours per week in shift work in accordance with the shift schedule approved by the Employer: in two (three, four) shifts. 4.2. The duration of the shift is hours. 1st shift: start - hours minutes; ending - hours minutes; 2nd shift: start - hours minutes; ending - hours minutes; 3rd shift: start - hours minutes; ending - hours minutes; 4th shift: start - hours minutes; ending - hours minutes.


4.3. During the working day, the Employee is given a break for rest and meals, which is not included in the working time. 4.4. The employee is granted an annual paid leave of 1 calendar days, consisting of the main 28 calendar days; additional calendar days.

The concept of "shift schedule" in the employment contract

Wages are paid to the Employee [indicate specific dates of the calendar month]./Wages are paid to the Employee at least every half a month on the day established by the internal labor regulations. 5.4. When performing work outside the normal working hours, at night, on weekends and non-working holidays, when combining professions (positions), when performing the duties of a temporarily absent employee, the Employee receives appropriate additional payments in the manner and amount established by the collective agreement and local regulations.

5.5. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation. back to index 6.1.

Employment contract (shift work schedule)

All changes and additions to this employment contract are formalized by a bilateral written agreement. 11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the legislation of the Russian Federation. 11.4.

In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation. 11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS OF THE PARTIES 12.1. Employer: location address: , TIN, KPP, R / s v, BIK. 12.2. Employee: passport: series number, issued » » city, subdivision code, registered at: . 13.
In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the current legislation of the Russian Federation. 6.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation. back to index 7.1.

Important

Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws. 7.2. In all other respects that are not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.


7.3.

Employment contract 2

Option: The employee begins to perform his duties without a probationary period. 3. CONDITIONS OF PAYMENT OF THE EMPLOYEE 3.1. The employee is set a wage rate in the amount of () rubles.

3.2. The following financial incentive measures are provided for the Employee: 3.2.1. Surcharges. 3.2.2. Allowances. 3.2.3. Prizes. 3.2.4. Others.
3.3. Wages are paid to the Employee by issuing cash at the Employer's cash desk (option: by non-cash transfer to the Employee's bank account) within the time limits established by the Internal Labor Regulations. 3.4. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation. 4. MODE OF WORKING TIME AND REST TIME 4.1.
the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees; - immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property); — [other obligations stipulated by the current labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, local regulations]. back to index 3.1.

Seller employment contract with shift work 2 through 2 sample

Home Salary and personnel Employment contract with shift work Hello! I have a question about an employment contract. Is it necessary to include the mode of operation in it? Now we are accepting two regular sellers for the 5/2 schedule, and in a couple of months we plan to transfer the store to work seven days a week. To do this, we will accept two more sellers for shift work work, and these also translate in shifts. All questions are discussed at the time of admission, no one refuses a shift schedule.
Perhaps it is possible to immediately prescribe a shift work schedule in the contract so as not to renew the contract with employees in a few months? After all, in fact, the schedule 5/2 is also replaceable? Or not? You can leave a comment on this topic after registration. Registered users have more options. Go to registration. You can leave a comment on this topic after registration.

RF [F. I. O. employee], hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the “Parties”, have concluded this agreement as follows: back to the table of contents 1.1. Under this employment contract, the Employee undertakes to fulfill the duties of the profession / position [indicates work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; specific view of work entrusted to the employee] in [place of work, and in the case when the employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location], and the Employer undertakes to provide the Employee the necessary conditions labor, provided for by labor legislation, as well as timely and full payment of wages.

This provision follows from paragraph 2 of clause 2 of the Procedure, approved by order of the Ministry of Health and Social Development of the Russian Federation No. 588n dated August 13, 2009. Employees work according to their own schedule, but they are entitled to additional payment, which follows from Art. 153 of the Labor Code of Russia. The amount of "cash incentive" is a single hourly or daily rate in excess of salary. In the case of processing (that is, exceeding the norm of working hours), the employee is entitled to triple wages, that is, an additional payment in double the amount in excess of the salary. Some circumstances suggest a reduction in working time by 1 hour while maintaining payment for a full shift:

  1. working day on the eve of the holiday;
  2. night shift (any).

Not everyone can work night shifts. There is certain group persons to whom such a schedule is strictly prohibited. These include:

  1. Pregnant women.
  2. Persons under 18 years of age.

Disabled persons, as well as single mothers, may work at night only with written consent. You can work no more than 8 hours in unhealthy production. The weekly rate should not exceed 36 hours.

Which enterprises need such a regime?

Such organizations include:

What should be taken into account when compiling?

  • The formation of the shift schedule must comply with generally established legislative norms and not deviate from them.
  • clearly states that a work shift should not exceed 24 hours. A weekly rate is 40 hours.
  • According to article 108 of the Labor Code of the Russian Federation, employees are entitled to rest.

When drawing up a schedule, all the nuances must be taken into account.

What time is considered night time?

The legislation does not set the duration of rest between shifts. Therefore, everyone is always guided by the regulations Labor Code RF. Taking into account the labor code of the Russian Federation, specialists personnel service create a schedule for each month. Each graph has its own name. The prepared shift schedule is attached to the main employment contract as an attachment.

Reference! Prior to the introduction of the new schedule, personnel administration employees are required to familiarize each employee personally with it. At the same time, familiarization should be at least one month before the entry into force of the schedule.

How to write in an agreement?

In the paragraph of the employment contract "Working hours and hours of rest" in the first paragraph, it is necessary to fix that the employee will perform his job duties in shifts. We talked about how to correctly display the working hours in the TD in.

Following the document specifies the name of the schedule according to which the employee will work In the organisation.

Then the number of working hours per shift is fixed. Other clauses in the contract are standard, namely:

  1. Rights and obligations of the parties.
  2. Details of the parties (personal data of the employee and information of the employer organization).
  3. The amount of wages.
  4. Subject of the contract (position of the employee).
  5. Job responsibilities.
  6. Validity.

We talked in more detail about the conditions and content of the employment contract, as well as what items should be reflected in it.

Regulations referring to working hours

Normative documents in which we are talking about working hours:

Model rules of internal labor regulations, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 05.04.2000 No. 46;

The employer is obliged to ensure the labor protection of employees, incl. the regime of work and rest of employees established by law, a collective agreement, an agreement, an employment contract (clause 4, article 226 of the Labor Code).

Working hours - the procedure for the employer to distribute the norms established by the Labor Code for employees daily and weekly working time and rest time during the day, week, month and other calendar periods(part one of article 123 of the Labor Code).

The working time regime determines the time of the beginning and end of the working day (shift), the time of lunch and other breaks, the sequence of alternation of workers in shifts, working days and days off (part two of article 123 of the Labor Code).

Therefore, in the employment contract, taking into account the reservation made in paragraph 6 of the second part of Art. 19 of the Labor Code in brackets, the following elements of working and rest conditions (working hours) are defined:

Start and end time of the working day (shift);

Lunch time and other breaks;

The sequence of alternation of employees by shifts (if the employee has a shift work regime);

Working days and weekends.

Note that the mode of operation is the time (schedule) of the organization, its structural unit. And on its basis, the regime of working hours of employees is already being developed (part three of article 123 of the Labor Code).

Consequently, in an employment contract, the regime of work and rest is reflected, for example, as follows:

"12. The following working hours and rest periods are established for the employee:

12.1. start time of the working day 09:00 ;

12.2. break time for rest and meals - with 13:00 to 14:00;

12.3. time of the end of the working day - 18:00;

12.4. weekend: Saturday and Sunday;

12.5. rest during public holidays and public holidays established and declared non-working by the President of the Republic of Belarus”.

How is the shift work in the employment contract?

Shift work is a kind of working time regime, which is characterized by the organization of work in two or more shifts (Articles 123, 125 of the Labor Code).

In case of shift work, in addition, the working time regime also includes the determination of the sequence of alternation of workers by shifts (part two of article 123 of the Labor Code).

The sequence of shifts is reflected in the shift schedule, and the employment contract indicates the start and end time of each shift, taking into account breaks, or a reference is made that the working hours are determined by the shift schedule (the latter is usually relevant when the shift rotation time is indicated in the employer's PWTR).

Reference:

PVTR - internal labor regulations.

Here is an example of the conditions for the shift work in the contract:

11. The Employer establishes for the Employee, in accordance with the law, the following shift work regime and rest regime:

11.1. The duration of the shift is __ hours __ minutes.

1 shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

2nd shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

3rd shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

4th shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes.

11.2. During the work shift, the Employee is given a 30-minute break for rest and meals, which is not included in the working time.

11.3. work in the mode of summarized accounting of working hours with an accounting period of one year.

11.4. Weekend days are provided in accordance with the shift schedule.

In what cases are changes made to the working hours in an employment contract?

The legislation does not contain an exhaustive list of such cases. But the TC provides, in particular, the following cases:

With the consent of the parties (part four of article 19 of the Labor Code);

At the initiative of the employer in the order of change essential conditions labor (Article 32 of the Labor Code) (for example, when changing the mode of operation of the employer);

Transfer of an employee (employees) from flexible working hours to a generally established mode of work (Article 130 of the Labor Code);

In the cases provided for by the second part of Art. 289 TC.

How to establish a part-time work mode in an employment contract?

As a rule, part-time workers are set to work part-time (clause 3, part two, article 289, part one, article 345 of the Labor Code), with the exception of cases provided for in part two of article. 345 TC (when the full working time mode can be established).

Accordingly, the features provided for in Ch. 22 TK.

The employer is obliged to provide employees during the working day with a break for rest and food lasting at least 20 minutes and not more than 2 hours (Article 134 of the Labor Code).

Guarantees and compensations provided for by the Labor Code, other acts of legislation, collective agreements, agreements, other local regulatory legal acts are provided to those working part-time in full (Article 349 of the Labor Code).

That is, the employer is obliged to provide part-time employees with a break for rest and meals lasting at least 20 minutes and not more than 2 hours, which will not be included in working hours.

In practice, such a break is often not provided, guided by the fact that the working day of part-time workers does not exceed 4 hours a day. For example, an employee is hired part-time from 18:00 to 20:00. However, even in such a situation, the law requires the provision of a lunch break.

Note that such a break, if we proceed incl. from its name (break), is provided during the working day.

In an employment contract, the mode of work and rest of a part-time worker can be reflected as follows:

"eleven. The Employer establishes for the Employee, in accordance with the law, the following regime of working hours and rest time:

11.1. start time of the working day 08:00;

11.2. break time for rest and meals - with 10:00 before 10:30;

11.3. end time of the working day - 12:30;

11.4. weekend: Saturday Sunday;

11.5. rest during public holidays and public holidays established and declared non-working by the President of the Republic of Belarus”.

Vladimir Samoseiko, lawyer

If in an organization staffing there are positions for which a shift work schedule is provided (2/2: day / day, night / night), then how correctly and exhaustively should the section “working time and rest time” be described in the employment contract?

Answer

In accordance with article 103 of the Labor Code of the Russian Federation, shift work is work in two, three or four shifts, introduced in cases where the duration production process exceeds the permissible duration of daily work, as well as for the purpose of more effective use equipment, increase the volume of products or services provided.

When using shift work in an organization, this circumstance should be fixed in the local regulatory act of the organization and in the employment contract with the employee, if his mode of work differs from that generally accepted by this employer.

The most important changes of this spring!


  • In the work of personnel officers there were important changes to consider in 2019. Check in the game format whether you have taken into account all the innovations. Solve all the tasks and get a useful gift from the editors of the Kadrovoe Delo magazine.

  • Read the article: Why should a personnel officer check accounting, is it necessary to submit new reports in January and what code to approve for a time sheet in 2019



Therefore, the employment contract must specify:

"five. Working hours and rest time

5.1. The employee is set shift mode work in accordance with the shift schedule approved by the Employer.

5.2. The duration of the shift is 12 hours.

1 shift (day): start - 08 hours 00 minutes; end - 20 hours 00 minutes;

2 shift (night): start - 20 hours 00 minutes; end - 08 hours 00 minutes;

5.3. During the working day, the Employee is given a break for rest and meals lasting 1 hour, which is not included in the working time. The break time is determined by the shift schedule.

Details in the materials of the System:

    Answer: How to create an employment contract template for an organization

Section "Working time and rest time"

In the section of the employment contract "Working time and rest time", indicate the time of the beginning and end of the working day, a lunch break. If the employee's work mode differs from the established mode in the organization, then be sure to indicate this condition (). For example, special modes of operation in an organization can be or.

In this section, include conditions on the duration of annual paid leave and the provision of additional paid leave. For example, if an employee has an irregular working day, then he is entitled to an additional paid leave of at least three calendar days (, Labor Code of the Russian Federation).

Ivan Shklovets,
Deputy Head of the Federal Service for Labor and Employment

    Answer: How to organize shift work

Grounds for introducing shift work

Order on the transition to shift work

Issue an order to switch to shift work at. In it, indicate the positions for which a shift regime is established, the timing and procedure for introducing shift work.

From the book you will learn what difficult situations can arise with the remuneration of employees and how to solve them, how to introduce piece-bonus wages, taking into account the latest changes.

Let's take a closer look at: how and when to provide compensation for work on weekends and non-working holidays, what common mistakes employers make when paying for overtime.

We will also analyze how to prepare for an unscheduled inspection of the GIT, what fines and sanctions are possible for violations of wages.

Shift work condition in a local document

When reflecting the conditions for shift work in or, specify:

    duration of the working week;

    duration of daily shift, including part-time shift;

    start and end time of work;

    time of breaks in work;

    number of shifts per day;

    alternation of working and non-working days.

work shift immediately preceding non-working shift holiday, decreases by one hour ();

the shift at night is reduced by one hour without subsequent working off ();

work for two shifts in a row is prohibited ();

weekly uninterrupted rest should not be less than 42 hours ().

standard form shift schedule has not been established. Therefore, the organization has the right to draw up such a document in. The shift schedule can be issued as an application to the local normative act, which establishes the shift nature of work ( collective agreement, Labor regulations, etc.), or approved as a separate document by order of the head of the organization.

Editor's tip: For the convenience of scheduling shifts, use unified form, which is provided for accounting of working time ( ). To this end, in specified form columns 1-6 can be used.

The employer must communicate the approved shift schedule to each employee no later than one month before its entry into force ().

The shift schedule is binding document for the parties to the employment contract, therefore, the organization does not have the right to engage an employee to work outside the schedule, with the exception of some cases of involvement in overtime work (Article , Labor Code of the Russian Federation).

Attention: draw up a shift schedule so that the employee's working time does not exceed the normal number of hours for this category of persons for the accounting period. That's why overtime work cannot be included in the shift schedule. Determine the hours worked by the employee overtime on the basis of the time sheet (using the forms, or). At the same time, it should be borne in mind that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours a year (part, article 99 of the Labor Code of the Russian Federation).

Accounting for working hours in shift mode

As a rule, shift work is introduced together with the summarized accounting of working hours. It applies if the hours of work of employees deviate from established norm at 40 hours a week ().

Shift duration

The maximum duration of a work shift is not established by law (). An exception to this rule are separate categories employees for whom working time during the shift is limited. These include, in particular:

    disabled people (the duration of the work shift is set in accordance with the medical report);

A detailed list of employees who have a maximum work shift is given in the Labor Code of the Russian Federation.

Engaging employees to work for two shifts in a row is unacceptable (). If the replacement employee fails to appear, the employer, with the written consent of the employee who worked the shift, may and at the same time is obliged to take measures to replace him. After four hours of work in the second shift, the employee must stop working. This follows from the provisions of par. 2 p. 2 of the Procedure approved). If the days off set by the shift schedule coincide with non-working holidays, these days off are not transferred to the next working day after the holiday.

For work on a public holiday within monthly rate time (i.e., if the holiday is a working day according to the shift schedule), the organization must pay the employee an additional payment in the amount of a single daily or hourly rate in excess of the salary ().

Night shift work

If the shift falls at night, then the employer must comply with the requirements of labor legislation on increased wages (
Read the article: Why should a personnel officer check accounting, is it necessary to submit new reports in January and what code to approve for a time sheet in 2019


  • The editors of the Kadrovoe Delo magazine found out which habits of personnel officers take a lot of time, but are almost useless. And some of them may even cause bewilderment in the GIT inspector.

  • Inspectors of the GIT and Roskomnadzor told us what documents should never be required from newcomers when applying for a job. You probably have some papers from this list. We have compiled full list and selected a safe substitute for each forbidden document.

  • If you pay vacation pay a day later than the deadline, the company will be fined 50,000 rubles. Reduce the notice period for the reduction by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.


  • 
    Top