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How to reflect the shift work condition in the organization's local documents

limited liability ">Limited Liability Company "Beta"
LLC "Beta"

LABOR CONTRACT

01.11.2011 № 112/11

Moscow city

Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented byCEO Petrov Alexander Ivanovich, acting his based Charter, on the one hand, andKrasnova Nina Igorevna, we call and Ihereinafter referred to as the "Employee", on the other hand, hereinafter collectively referred to as the "Parties", have concluded the presentand employment contract(hereinafter referred to as the Agreement) about the following:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Employer instructs, and the Employee assumes the execution job duties onsales positionsin the trade department.
1.2. This Agreement regulates labor and directly related relations between the Employee and the Employer.
1.3. Work under this Agreement is for the Employee basic .
1.4. The place of work of the Employee isLLC "Beta".
!} 1.5. In order to verify the suitability of the position held, the Employee is placed on a three-month probation.
1.6. The probation period does not include the period of temporary disability of the Employee and other periods when he was actually absent from work.
1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement.
1.8. Working conditions at the workplace worker - admissible (grade 2).

2. TERM OF THE CONTRACT

2.1. The employee undertakes to start performing his labor duties with1 ноября 2011 г.!}
2.2. This Agreement is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties stipulated by this Agreement, the EmployeeSalary is set including:
Official salary">3.1.1. Official salaryin the amount of 30,000 (Thirty thousand) rubles per month.
!} 3.1.2. Compensation payments (surcharges for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and on the conditions established by the Regulations on the Remuneration of Employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses) that are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonuses to employees.!}
3.2. The salary is paid to the Employee every half a month in the following terms:5th and 20th of every month. The salary is paid to the employee by means of cash dstv to k essay of the Employer. At the request of the Employee, payment of wages innon-cash form by transferring it to the bank account specified by the Employee.
3.3. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. WORK FUNCTION OF THE EMPLOYEE

4.1. The worker performs!} the following job responsibilities:
- customer service;
- calculation of the purchase price, issuance cash receipt the buyer;
– full pre-sale preparation of goods;
- placement of goods (in a showcase, warehouse) by type to ensure the convenience of working with them;
– preparation of commodity reports, certificates for marriage, shortage, regrading of goods and acceptance certificates;
– resolution of disputes with buyers in the absence of representatives of the administration;
- other job responsibilities, envisaged D job description No.53 from 23.08.2011 .

5 . WORKING E TIME AND REST

5.1. The employee is set working mode two days after twoin accordance with the schedule work (n Annex No. 1 to this D slander) and working week with staggered days off.
Schedule approved by order taking into account the opinion of the primary trade union organization LLC "Beta"and brought to the attention worker no later than one month prior to its entry into force.
5. 2 . Start time, end time work, breaks for rest and meals,order of alternation of working days and days off installed The internal labor regulations in force at the Employer, and work schedules. Break s are not included in working time and use tsya R an employee at his own discretion.
5.3. The employer keeps a summary record of the time worked by the employee, with accounting periodone month.
5. 4 . The employee is granted an annual basic paid leave of28 (twenty eight)calendar daysand annual additional paid leave due to the fact that he suffered a disease associated with radiation exposure due to the Chernobyl disaster, lasting 14 (fourteen) calendar dayslabor law RF."> .
5.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay. The duration of the specified leave is determined by agreement of the Parties.
5.6. An employee may be involved in work on weekends and non-working holidays, overtime work in cases and in the manner prescribed by the current labor legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

6 .one. The employee has the right:
6.1.1. On p providing him with the work stipulated by this Agreement.
6 .1.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.
6 .1.3. Rest, including on paid annual leave, weekly holidays, non-working holidays.
6 .1.4. Compulsory social insurance in cases stipulated by federal laws.
6 .1.5. The employee has other rights envisaged s current legislation RF and other normative legal acts containing norms labor law, localregulations of the employer.
6 .2. The employee is obliged:
6 .2.1. Conscientiously fulfill their labor duties assigned to him by this Agreement, D job description, other local regulations of the Employerwith whom he wasfamiliarized under under writing .
6 .2.2. Conscientiously and in a timely manner to execute orders, instructions, instructions, assignmentsGeneral Director of LLC "Beta", fulfill established norms labor, comply with the Internal Labor Regulations adopted by the Employer, with which he would l familiarized under under writing.
6 .2.3. Observe labor discipline.
6 .2.4. Treat the property of the Employer with care (incl. to property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees.
6 .2.5. Use the equipment, tools, documents, materials transferred to him for work correctly and for the intended purpose.
6 .2.6. Comply with the requirements for labor protection and ensuring labor safety, safety, industrial sanitation, fire safety, with which he would l familiarized under under writing.
6 .2.7. Notify immediatelyGeneral Director of LLC "Beta"and to their 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).
6 .2.8. The list of other labor duties of the Employee is determinedcurrent legislation, Djob description, as well as local regulations of the Employer, with whichThe employee was introduced under writing.

7. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

7 .one. The employer has the right:
7 .1.1. Encourage the Employee for conscientious and efficient work.
7 .1.2. Require the Employee to perform works responsibilities definedby this Agreement, D job description, careful attitude to the property of 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, compliance with the provisions of the applicable at the Employer local regulations, with which the Employee was familiarized under signature.
7 .1.3. Bring the Employee to disciplinary and material liability in the manner and on the terms provided for by the current legislation of the Russian Federation.
7 .1.4. Accept, in accordance with the procedure established by law, local regulations.
7 .1.5. Exercise other rights provided for by the current legislation of the Russian Federation, other regulatory legal acts containing labor law norms, local regulatory acts of the Employer.
7 .2. The employer is obliged:
7 .2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, the terms of this D stipulation.
7 .2.2. Provide the Employee with work stipulated by this Agreement.
7 .2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his job duties.
7 .2.4. Ensure the safety of the Employee's work and working conditions that comply with state regulatory requirements for labor protection.
7 .2.5. On time and in full size pay the salary due to the Employee within the time limits established by the Internal Labor Regulations and this Agreement.
7 .2.6. Lead on Worker work book in the manner established by the current labor legislation of the Russian Federation and other regulatory legal acts containing labor standards rights.
7 .2.7. Process personal data of the Employee and provide them protection in accordance with the legislation of the Russian Federation and local regulations of the Employer.
7 .2. 8 . Introduce the Employee under a letter with the adopted local regulations directly related to his work activity.
7 .2. 9 . Provide for the daily needs of the Employee related to the performance of their labor duties.
7 .2. 10 . Insure the Employee on the mandatory social insurance in the manner prescribed by federal laws of the Russian Federation.
7 .2.1 1 . Perform other dutiesprovided for by laborlegislationand other regulatory legal acts containing labor law norms, local regulations, agreements and this Agreement.

8 . EMPLOYEE'S SOCIAL INSURANCE

8 .one. The employee is subject to compulsory social insurance (mandatory pension insurance, compulsory health insurance, compulsory social insurance against industrial accidents and occupational diseases) in the manner and under the conditions stipulated by dethe current legislation of the Russian Federation.
8.2. The employee has the right to additional insurance (voluntary medical insurance) on the terms and in the manner established by the Regulations on the social package of employees.

9 . WARRANTY AND REFUND

9 .one. For the period of validity of this Agreement, the Employee is subject to guarantees and compensations provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.

10 . RESPONSIBILITIES OF THE PARTIES

10 .one. In case of non-fulfillment or improper fulfillment by the Employee of his labor duties without good reason, violation of labor legislation, provisions of the local regulations in force at the Employer, with which the Employee was familiarized under under writing, as well as causing the Employer material damage The employee bears disciplinary, material and other liability.
10 .2. The Employee is liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee.
10 .3. The employer bears material and other liabilityin accordance with the current legislation of the Russian Federation.

1 1 . TERMINATION OF AN EMPLOYMENT CONTRACT

11 . 1 . The grounds for termination of this Agreement are:
1 1 .1.1. Agreement with the parties.
1 1 .1.2. Termination of this Contracts initiated by the Employee. In this case, the Employee is obliged to notify the Employer in writing about this later than two weeks before the expected date of termination of this D slander. The specified period begins the next day after the Employer receives the Employee's application for dismissal.
1 1 .1.3. Termination of this Agreements at the initiative of the Employer (in cases and in the manner provided for by the current labor legislation of the Russian Federation).
1 1 .1.4. Other grounds provided for by the labor legislation of the Russian Federation.
1 1 .2. The day of dismissal of the Employee is the last day of his work, with the exception of cases provided for by law.

1 2 . FINAL PROVISIONS

1 2 .one. This Agreement shall enter into force onthe moment it is signed by both Parties.
All changes and additions to this Agreement are made bilateral written agreements Parties.
1 2 .2. This 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.
1 2 .3. In the event of a dispute between the Parties, it is subject to settlement through direct negotiations between the Employer and the Employee. If the dispute between the Parties is not settled by negotiations, it is permitted in the manner prescribed by the currentlabor legislation of the Russian Federation.
1 2 .four. In all other respects that are not provided for by this Agreement, the Parties are guided by the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, as well as local regulatory acts of the Employer.

Prior to signing this Agreement, the Employee under signature familiarized with about the following local regulations of the Employer:

Name and details of the local regulatory act

Acquaintance date

Employee's signature

The employee has a shift schedule (3 days a day, 3 nights, 3 days off, working from 20:00 to 8:00 and vice versa). Wages are piecework. We want to conclude an employment contract with an employee. How to prescribe the working conditions of an employee so as not to violate labor laws (5-day work week lasting 40 hours) and not overpay him for such a work schedule?

You cannot legally do this. The point is that at shift work approved shift schedule. In addition, the condition on shift work should be contained in local documents (for example, a collective agreement). In addition, the hired employees must be familiarized with the shift schedule before signing the employment contract. Therefore, with proper registration, you will have to pay the employee for night shifts at an increased rate. There are also payment details. public holidays.

How to organize shift mode work

Shift work condition in a local document

How to reflect the shift work condition in the organization's local documents

When reflecting the conditions on shift work in the Labor Regulations or the collective agreement, indicate:

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.*

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 (according to forms No. T-12, No. T-13 or according to a self-developed form). 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 per year

If an employee who works in normal mode, at the initiative of the employer, it is necessary to change the mode of operation, then he is notified of this at least two months in advance (). For example, when switching from a three-shift to a two-shift regime. If the employee agrees to work in the changed conditions, an additional agreement is concluded with him to the employment contract.

In the case of an employee being transferred to a position or job that provides for a shift schedule, a change in conditions does not require a two-month notice. Transfer to another job is formalized by signing additional agreement about the new mode of work and position (). In this case, the employee must be familiarized with the local regulatory act governing the work on the shift schedule, and directly with the schedule before signing an additional agreement (). The same approach applies to newcomers. They should be introduced to the shift schedule before signing the employment contract along with the rest of the local regulations. Then they can start working immediately upon registration. labor relations, that is, the conclusion of an employment contract. It is not necessary to wait a special month in these cases.*

________________ "___" ___________ ____

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 labor law norms, collective agreement, agreements, local regulations and this employment contract, pay the Employee timely and in full wages, 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 probation duration _____ (___________) months from the date of commencement of work.

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 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 is not included in the working time.

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. Conscientiously perform the following 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 performance of their labor 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. Bring the Employee to disciplinary and material liability in accordance with the procedure established 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 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. 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

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

EMPLOYMENT CONTRACT (shift work schedule)

________________ "___" ___________ ____

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 labor law norms, the collective agreement, agreements, local regulations and this employment contract, to pay wages to the Employee on time and in full , and the Employee undertakes to personally perform the labor function determined by this employment contract, to 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 under normal conditions. Labor duties of the Employee are not related to the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

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 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 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 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. 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 is not included in the working time.

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 with 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.

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following 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 performance of his labor 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 fulfill the labor duties specified in the job description, respect the property of the Employer and other employees, and comply with the Internal Labor Regulations.

6.2.3. Bring the Employee to disciplinary and material liability in accordance with the procedure established 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

9. RESPONSIBILITIES OF THE PARTIES

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 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

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.

11.3. 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

Day shift work is acceptable for all workers. However, there are categories of persons who labor activity at night is strictly prohibited.

These include:

Persons with disabilities and single mothers may work the night shift by written consent.

Also, in local acts, it is allowed to establish groups of employees who cannot work at night.

What kind of enterprises need such a regime of work?

In a number of areas of activity, due to the peculiarities labor process this system the mode of work is most widespread:

production organizations with a continuous cycle (large industrial enterprises, factories). Stopping working machines or other equipment is fraught with considerable material losses that will have to be incurred due to the need to restart the machines.
Hundreds and even thousands of employees can work in such organizations at the same time.
Service sector (24 hour shops, gas stations). Shift work is a common occurrence in this area. Companies introduce such a mode of work so as not to lose revenue from potential customers in places where there is demand both day and night.
Emergency services (fire, rescue, ambulance, police). The lives of many people depend on their continuous work.
Transport ( Railway, airports). People drive and fly around the clock, so transport workers cannot take a day off at the same time.

What should an employer consider when scheduling?

The introduction of a replaceable system at the enterprise implies its competent formation, which does not conflict with the current legislation.

According to part 3 of Art. 111 of the Labor Code of Russia in shift mode, standard days off Saturday, Sunday, as well as holidays can be working days.

Labor Code of the Russian Federation, Article 111. Days off

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the rules of internal labor regulations.
(in ed. federal law dated 30.06.2006 N 90-FZ)

When compiling shift schedule labor is considered the general accounting of working time.

This system is used if the duration of the work of employees does not coincide with the standard norm of 40 hours per week (part 1 of article 91 of the Labor Code of the Russian Federation).

In most cases, the duration of the working day with a shift schedule is 12 hours. But there are exceptions.

There is no specific definition in the laws of how many hours a shift can last. However, it is worth focusing on the basic norms of the labor legislation of the Russian Federation.

Firstly, the shift cannot exceed 24 hours - even the most hardy person, due to his abilities, is not able to work longer.
Secondly, any employee is guaranteed the right to rest, which follows from Art. 110 of the Labor Code of the Russian Federation.
Labor Code of the Russian Federation, Article 110. Duration of weekly uninterrupted rest

The duration of the weekly uninterrupted rest cannot be less than 42 hours.
Thirdly Night shifts are paid higher than day shifts. Night time is the period from 22:00 to 6:00 ().

For some groups of people there are restrictions on the number of hours in one shift.

These include:

minors (the number of working hours is specified in the Labor Code);
disabled people (time is set on the basis of a medical report);
car drivers (this is indicated by part 2 of the Labor Code of Russia on the basis of section 2 of the Regulations by order of the Ministry of Transport of the Russian Federation No. 15 of August 20, 2008).

As for holidays, employees must go to work according to their own schedule, since red calendar dates are not transferred to non-working days.

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:

The legislation does not specify the specific duration of rest between shifts.

But you should focus on the basic provision - which states that the duration of continuous rest per week should be at least 42 hours.

The shift schedule is drawn up by employees of the personnel department on the basis of the provisions of the Labor Code.

The schedule of the system of work and rest is attached to the employment contract.

The full schedule indicates the length of the working day, the rotation order, as well as the time and number of breaks.

Changes in the working hours must be notified to the staff 30 calendar days before it comes into force.

How to reflect this in the employment contract? Sample document

From here you will learn how to correctly fill out an employment contract with a shift work schedule according to the model.

An employment contract with an employee who will work in shifts has its own design nuances (we will tell you how to write them correctly):

the section on working time and rest should contain information that the employee is working in shifts.
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.

Design example: an 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 work 2 through 2. This alternation of work and rest is quite convenient for workers.

The employee has 2 days - workers in the day shift. The beginning of the working day - 9:00, completion - 21:00. Then there are 2 days off, and he is replaced by a colleague who is a shift worker. The shift schedule is being developed in personnel department based on the goals and needs of the organization.

When developing a shift schedule, the main factor is the company's need for continuous implementation of the work cycle, which is divided into time intervals. Then a further work plan is drawn up.

The conclusion of an employment contract in shift work generally follows the same principles as in the normal mode. However, the points concerning the schedule should be covered in detail. When drawing up a document and drawing up a shift schedule, you should be guided by the current labor legislation and not go beyond it.

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