Shift work method - what is it? Labor Code, regulation on shift work in Russia

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Shift work is especially popular in Russia. Entire sectors of the economy function, to a large extent, relying on this format of labor relations. Shift work - what is it? What are the features of its legislative regulation? Do shift workers have certain preferences in terms of exercising their labor rights?

What is shift work?

The rotational method of work implies the implementation of labor functions by a person outside his permanent place of residence. As a rule, on a periodic (seasonal) basis. Traditionally, the shift method of work is typical for such areas as oil and gas production, logging, development of deposits of precious metals, and fishing. The implementation of labor functions in this format is regulated by separate provisions of the Labor Code of the Russian Federation.

Attractive salary

One of the reasons behind the popularity of shift work is the high salary. In some cases, it exceeds the average for the same position in the city of permanent residence of a shift worker by several times. Especially if it is work on a rotational basis in the North, in difficult climatic conditions.conditions. In many cases, "polar" and other kinds of allowances are added to the salary, the value of which is already very impressive. As a result, earnings become even greater.

Note that shift work is not always associated with a trip to the North. For example, many labor contracts were concluded in this format during the preparation for the Sochi Olympics. In a place where many people go to spend money, not to earn money. Of course, exciting trips to other interesting places in Russia are also possible.

Working conditions

Is it easy to get a job on a rotational basis? There is an opinion that not much. Nevertheless, the salary, despite the difficult working conditions, is the factor that causes significant competition for shift jobs. Most companies employing people in this format put forward fairly strict criteria for candidates. He alth is being checked, conversations are being held with a person regarding his real readiness to work in the expected conditions.

It is known, for example, that in the polar regions there is a much lower percentage of oxygen in the air than, say, in the middle lane. A person must understand, choosing a shift method of work, what it is. And objectively evaluate your capabilities in terms of compliance with such a format of work.

Accommodation

It is assumed that the shift method of work implies difficult conditions not only in terms of climate, but also living. Everything, however, depends oncriteria by which to evaluate the comfort of life. As a rule, shift workers have at their disposal, albeit small in size, but quite well-equipped resources for living. Modern modular designs allow the employer to quickly build housing with acceptable infrastructure: plumbing, electricity, heating. In the structure of living quarters for shift workers, as a rule, there are canteens, rooms for leisure, the ability to access the Internet. The law requires the employer company to reduce the time it takes for employees to travel from their place of residence to the facility where the work is supposed to be performed.

At the same time, the rotational residential complex is checked by a special commission before it is put into practical operation. It consists of representatives of the company-employer, officials of the municipality on whose territory the watch will operate, in some cases - employees of the trade union, specialists from various public services. Upon verification, an act of acceptance of the complex into operation is delivered. The shift camp is supposed to accommodate not only hired employees who will perform targeted labor functions, but also personnel. At the same time, as soon as the work season ends (the facilities are erected), everyone should leave the housing complex. A variant is possible in which work on a rotational basis with accommodation is organized without the construction of a separate complex. The hiring company in this case places people in hotels or corporate apartments.

Types of watches

Eattwo main options for organizing work on a watch. First, it is an intra-regional format. He assumes that the duration of the work on the shift is rather short, about a week, and the facility itself, where the work is being carried out, is located relatively close (in the same region) as the city of permanent residence of the employees. Secondly, this is an inter-regional watch, sometimes called an expedition watch. The duration of work here is usually much longer, as well as the distance from the cities of residence.

The difference between a watch and a business trip

There is an erroneous opinion that a watch is a kind of business trip. This is not true. The fact is that a person who is sent by the employer on a business trip carries out an official assignment.

In this case, payment occurs, as a rule, within the framework of the current salary and allowances. In turn, the shift method of organizing work implies that a person travels to a remote facility in order to perform not an assignment, but a separate labor function. In the second case, a separate contract is often concluded, which fixes the salary and other working conditions. During business trips, as a rule, no changes are made to an already signed employment contract.

Laws

Actually, about legal regulation. As we said above, the main source that normalizes the shift method of work is the Labor Code. It has sections that contain special language adapted to this format of employment. Let's study them. There is an opinion that the shift methodwork in Russia has become popular in many respects not only because of the high salary, but also because of the provisions of labor legislation that are loyal to employees. Is it really? Shift work method - what is it from the point of view of specialized sources of law?

The norms in question are mainly set out in the 47th article of the Labor Code of the Russian Federation. First of all, it sets out general provisions regarding the regulation of labor on a rotational basis. In particular, the definition of such a format of work is given. According to the legislator, the shift method is a specific type of work process, provided that the place of work does not coincide with the city of residence of employees, and moreover, their return there on a daily basis cannot be ensured. This method of employment is used by companies, if you follow the wording of the Labor Code, in order to optimize the timing of the necessary work, such as construction, reconstruction or repair in areas characterized by special natural conditions. It is also possible that the shift method of work is a way to reduce the corresponding costs in the implementation of the enterprise's production activities.

Working hours

The work schedule within the framework of the shift, as noted in a number of comments to the Labor Code, may differ significantly from the standards prescribed in the Code. There is an opinion among lawyers that the rights of people working within the framework of the format in question are sufficiently protected, and especially in terms of organizing the regime. Is it really? Shift work method - what is it:constant hard work or a well-balanced mode of people performing their duties?

As a rule, working time is taken into account by summing up hours, and the main rest is supposed after the return of shift workers to their homes. A place of work is an object where people carry out their direct labor functions. At the same time, if a periodic move from place to place is required due to a change in the specific location of task areas, this is not considered a transfer of an employee from one organization to another, and does not require written consent from employees. For example, shift work in the North often involves the movement of labor collectives between different fields, or, if this is road construction, movement in the direction of the highway being built.

Work Schedule

The work schedule is one of the most important local documents that regulate the implementation of labor functions by shift workers within the limits of being at the facility. Therefore, when approving it, the employer must coordinate the provisions of this source with the opinion of employees (as a rule, represented by a trade union organization representing people). The main document in which the schedule is documented is the Regulation on the shift method of work, which has the status of a local regulatory legal act.

What are the main criteria that a company must follow in accordance with the law-employer, drawing up the document in question? The Labor Code of the Russian Federation prescribes that the total duration of working time for the period of stay of people on a watch does not exceed the standard number of hours provided for by the Code. In this case, the maximum duration of one shift can be 12 hours. The number of days off cannot be less than the number of weeks in a month. It is acceptable, however, that the corresponding days of rest will be provided unevenly - the main thing is that their number satisfies the main criterion.

Schedules of work on the watch can be drawn up both for the entire team of employees, and individually. The second option is possible, for example, in cases where a person who ends his labor functions and is about to leave needs to transfer authority to his future deputy.

Rest

The main legislative document regulating the shift method of work, the Labor Code, contains such a term as "between shift rest". Its meaning is defined as follows. These are days of rest (sometimes called days off), which appeared as a result of hourly overtime of the working hours established by the schedule at the rotational facility. Some lawyers consider inter-shift rest to be a kind of analogue of vacation, but provided not on an annual basis, but due to the objective capabilities of the employer. But at the same time, the frequency of such days off can reach several times a year. Also, inter-shift rest differs from a typical vacation in the way compensation is calculated. Its base is not average earnings. In another way, the number is also calculateddays of off-duty rest. To do this, the sum of all hours of processing is divided by 8 (based on the standard length of the working day according to the Labor Code). At the same time, a variant is possible in which the inter-shift rest will be paid in the amount of the salary. In practice, this is possible if the appropriate time off is provided by the employing company in the form of compensation for extra hours within the reference period.

Regarding the ratio of vacation and inter-shift rest, some lawyers recommend paying attention to the following feature. The fact is that, first of all, time off for processing hours should be provided as a matter of priority. And only after a person uses them, he can go on a standard vacation. At the same time, the days that make up the inter-shift vacation should be included in the total length of service, on the basis of which the vacation is also calculated.

Overtime

The Labor Code of the Russian Federation admits that shift workers can provide processing not only in the aspect of their own initiative (and in this case qualify for inter-shift rest), but also by order of the management. In this case, their activities will take the form of overtime work. The reasons that may lead to the appropriate initiative of the watch management may be different. A common option is when the need to perform overtime work arose due to the fact that the team that replaced the one that is currently working did not arrive on time. If a person was involved in overtime work, then remuneration is calculated in one and a half or doubleamount depending on the specific conditions for the employee to perform labor functions.

Note that with regard to the organization of working time and rest for medical and pharmaceutical employees who carry out their labor functions, serving shift workers, they act based on the specifics of production and its specific conditions. At the same time, the key provisions of Article 47, which regulate labor for employees, also apply to specialists of this profile.

Above, we outlined the thesis according to which the shift method of work in Russia has become especially popular due to the loy alty of the national labor legislation. Based on the regulatory norms of the Labor Code, we can assume that this is largely true. Despite the fact that, for example, the law allows employers to establish a 12-hour working day, at the same time, it is prescribed to provide shift workers with days off, as well as opportunities for exercising the right to rest between shifts and regular leave. In addition, overtime work is paid at one and a half or even double the rate. Russians who know what shift work is, leave positive feedback, often emphasizing the fact that the Labor Code is a source of law that makes people who decide on a difficult journey to earn money sufficiently protected.