Should shift work on holidays be paid double? Weekends on shift Are there days off on shift?

E.A. answered questions. Shapoval, lawyer, PhD. n.

We solve shift problems

Shift method - special regime work. Therefore, even standard situations under this regime raise questions.

Is it possible to work overtime on shift?

Z.M. Bunchuk, Ryazan

Is it possible to involve workers in overtime work during the shift period and do they need to be taken into account? overtime when calculating the duration of inter-shift rest?

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

• daily work (shift) should not exceed 12 hours;
• working two shifts in a row is prohibited;
• daily (between shifts) rest, taking into account breaks for rest and food, can be reduced to 12 hours;
• There must be at least one day off per full week.

Shift period (rotation cycle) includes Art. 299 Labor Code of the Russian Federation:

• shift period (working days and weekends according to the work schedule at the site);
• rest period until the next shift (rest between shifts, weekends and non-working days) holidays, including days spent traveling to and from work).

That is, during the shift period overtime is provided, since shift workers usually work 10-12 hours a day, 6 days a week, with a norm of 40 hours a week. For this overtime, shift workers are given inter-shift rest after the shift period x Articles 91, 301 of the Labor Code of the Russian Federation; Determination of the Constitutional Court dated September 29, 2015 No. 1883-O.

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

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

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

Such hours worked overtime on a shift do not need to be taken into account when determining the duration of rest between shifts. After all, they are compensated not as overtime during the shift period, but as overtime work.

An employee can choose the method of compensation:

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

How to calculate and provide inter-shift rest

L.A. Bobrovskaya, Moscow

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

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

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

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

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

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

How to pay for work on shift on a holiday

R.A. Katorova, Smolensk

For an employee whose salary is set, the working day on shift coincides with a non-working holiday. How to pay for such a day: as a regular working day on shift or as work on a holiday?

: Work on a holiday is always paid at least double the amount Art. 153 Labor Code of the Russian Federation. Work according to a schedule on a shift on a non-working holiday is included in the standard working hours, since for shift workers a summarized accounting of working hours and Articles 153, 300 of the Labor Code of the Russian Federation; clause 1 Explanation of the State Committee for Labor of the USSR dated 08.08.66 No. 13/P-21; Decision of the Supreme Court dated 02/08/2006 No. GKPI05-1644; section 5 Recommendations of Rostrud, approved. protocol No. 1 of 06/02/2014. Consequently, it is paid in the amount of at least a single daily part of the salary in addition to the salary.

How to reflect the work of shift workers on a timesheet

M.A. Solnyshkina, Krasnoyarsk

Our employees work on a rotational basis. We apply unified form time sheet. How to reflect on the time sheet work during the shift period, rest between shifts and days on the way to the shift site and back?

: For reflection in the report card (as a basis, you can take the unified form No. T-12 or T-13 Resolution of the State Statistics Committee dated January 5, 2004 No. 1) the duration of time worked on working days according to the schedule during the shift period, you can use the standard alphabetic code “VM” or the digital “05” indicating in the column under the code the duration of time worked. To account for the time spent working under conditions deviating from normal on these days, enter additional lines and use to reflect:

• work at night - letter code “N” or digital “02”;
• overtime- letter code “C” or digital “04”;
• work on weekends - letter code “РВ” or numeric “03”.

In the additional line below the code, indicate the duration of time worked under such conditions.

To designate days off both during the shift period and during the inter-shift rest period, you can use the standard letter code “B” or the numeric “26”. But for the convenience of calculating payments for days of inter-shift rest, an order can introduce additional designations for these days, for example the letter code “MO”. And the days on the way to the place of duty and back, for which there is also no standard designation, can be reflected, for example, with the additional code “DP”.

Do I need to pay for inter-shift rest days not used due to dismissal?

M.I. Volkova, Moscow

The employee submitted his resignation letter at will. On the day of dismissal, he had not used 10 days of inter-shift rest. Are we obligated to pay the employee for inter-shift rest days not used due to dismissal?

: Yes, we must. After all, such days were earned by the employee during the shift period before dismissal Part 3, 4 Art. 301 Labor Code of the Russian Federation; Resolution of the Supreme Court of the Komi Republic dated May 21, 2012 No. 33-1573AP/2012. ; CC dated July 12, 2006 No. 261-O. This is also confirmed by the fact that upon dismissal, the employer is obliged to pay overtime hours on shift that are not multiples of whole working days, which accumulate over the course of a calendar year up to whole working days. clause 5.4 of the Basic Provisions; Determination of the St. Petersburg City Court dated September 17, 2013 No. 33-12614/2013.

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

A.Yu. Bastanyan, Moscow

The employee presented a certificate of challenge for the session. Part of the study leave falls on inter-shift rest days. Does the employee need to provide inter-shift rest days not used due to study leave?

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

Is it possible to provide leave to an employee during inter-shift rest?

O.I. Babaeva, Ekaterinburg

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

: Annual leave a shift worker can be provided with rest only after using the days between shifts and clause 7.1. Basic provisions; Decision of the Supreme Court dated 02/09/2011 No. GKPI10-1462. Therefore, the start date of the vacation needs to be postponed. To do this, make changes to your vacation schedule. This can be done at the request of the employee after approval of the shift work schedule, which is brought to the attention of employees no later than 2 months before it comes into effect. Art. 301 Labor Code of the Russian Federation.

What to do if part of the employee’s vacation falls during the inter-shift rest period

A.I. Ilnitskaya, Rostov

The organization's employees work on a rotational basis. The vacation of one of the employees ended while his shift had a period of rest between shifts. He has no unused days of rest between shifts. What should we do in such a situation?

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

• <или>transfer him to another job before the start of the next shift;
• <или>transfer him to another shift;
• <или>provide him with leave without pay.

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

Is it possible to set part-time working hours for a shift worker on maternity leave?

I.I. Smirnova, St. Petersburg

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

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

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

Is it possible to stipulate in an employment contract a condition on a shift work method after the conclusion of an employment contract?

L.N. Popova, Tver

A contract was concluded with the employee employment contract, in which there was no provision for a shift work method. Six months later, it became necessary to involve him in shift work. Can we include such a condition in an employment contract?

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

At the initiative of the employer, such a condition can be included in the employment contract only if there have been changes in organizational or technological working conditions (for example, structural reorganization of production). If the employee agrees to your proposal, then the condition on a rotational work method will begin to apply 2 months after you notify him of this Art. 74 Labor Code of the Russian Federation. If he does not agree, then 2 months after notification he can be dismissed due to refusal to continue working, provided that you do not have a vacant position to which he agrees to move and clause 7, part 1, art. 77 Labor Code of the Russian Federation. If the employee subsequently challenges the transfer or dismissal, then in the absence of evidence confirming that the change in the terms of the employment contract was a consequence of changes in organizational or technological working conditions, the court may declare them illegal and Appeal ruling of the Supreme Court of the Republic of Sakha dated September 19, 2012 No. 33-3171/2012.

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

Z.M. Chikanova, Moscow

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

: If you do not have a job to which you can transfer an employee, then you need to release her from work before the start of maternity leave with payment of average earnings for her previous job for all working days during this time Art. 254 Labor Code of the Russian Federation. Then, based on the certificate of incapacity for work and the employee’s statement, you will need to grant her such leave for Art. 255 Labor Code of the Russian Federation. And you can fire an employee only after the end of maternity leave. Art. 261 Labor Code of the Russian Federation.

How to pay for sick leave during inter-shift rest

A.M. Bakhteeva, Izhevsk

The shift worker fell ill during the period between shifts. Are we obligated to pay him sick leave for days of incapacity for work that fall on inter-shift rest days, and do we then need to provide the employee with unused inter-shift rest days due to illness?

: Yes, you must pay the employee sick leave for the entire period of illness and part 8 art. 6 of the Law of December 29, 2006 No. 255-FZ; Letter of the FSS dated January 26, 2012 No. 15-03-11/12-782. Days of inter-shift rest not used due to illness must be provided to the employee later. After all, due to illness, he was unable to rest.

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

M.I. Mishulina, Vologda

The employee, for good reason, did not go to the place of work at the beginning of the shift. Can he himself get to the place of the watch after it has begun?

: Yes, it can. At the same time, you are obliged to reimburse him for travel expenses from the gathering place to the watch place according to the standards for business trips to

Good afternoon, Nikolay.

1. Providing other days of rest instead of double or triple payment for a non-working holiday is carried out only at the request of the employee.

2. The amount of payment on a non-working holiday depends on the monthly working hours. So in January the monthly norm for a 40-hour work week is 136 hours.

If the monthly norm is not exceeded, then payment for work on a holiday is made at double the rate, if it is exceeded, then at triple rate.

If the employee is on a cumulative account, then the time standard must be observed for the accounting period (month, quarter...). If the accounting period is, for example, a quarter, then in a particular month it may be exceeded, but subject to the condition that it is observed at the end of the quarter.

3. In general, employment on holidays is allowed only with written consent workers, and not according to notes from managers.

If you do not agree to the proposed conditions, do not write your consent and do not have to go to work. It will only be safer if you also write a statement that you do not agree with such conditions and refuse to work on holidays.

Rationale

Art. 153 Labor Code of the Russian Federation

Work on a weekend or a non-working holiday is paid at least double the amount:
for piece workers - no less than double piece rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in the amount not less than double daily or hourly rate(parts of salary (official salary) per day or hour of work) above salary(official salary), if the work was performed in excess of the monthly working hours.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

Art. 104 Labor Code of the Russian Federation

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

Art. 113 Labor Code of the Russian Federation

Work on weekends and non-working holidays is prohibited, except for cases provided for by this Code.
Employees are recruited to work on weekends and non-working holidays with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual structural divisions depends, an individual entrepreneur.
Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:
1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;
3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.
In other cases, employment on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Are employees entitled to a day off while on shift? Or do shift workers have the right only to rest between shifts? We will answer these and other questions in the article.

Shift is a way of organizing work

To organize work in remote areas or areas with special natural conditions, including for the purpose of reducing construction, repair or reconstruction time, it makes sense to use a rotational work method. Under these circumstances, the rotational method of organizing work has a number of invaluable advantages and is more effective in comparison with traditional work.

A shift is a way of organizing the production process when the enterprise does not have the opportunity to ensure the daily return of the employee to his place of permanent residence (Article 297 of the Labor Code of the Russian Federation).

An approximate list of organizations that use the rotation method in their work is contained in the list approved by Resolution of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, and the USSR Ministry of Health dated December 31, 1987 No. 794/33-82. For example, these include enterprises in the oil, gas, forestry and forestry industries, geological exploration and railway transport.

Workers are entitled to rest

Shift workers are given a day off on shift for a full calendar week (paragraph 6, part 1, article 21 of the Labor Code of the Russian Federation, clause 4.3 of the Basic Provisions, approved by Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR dated December 31, 1987 No. 794/33 -82).

The duration of a daily shift for a rotation worker cannot exceed 12 hours. In turn, rest on shift between shifts (inter-shift rest), taking into account lunch breaks, cannot be less than 12 hours (Article 107 of the Labor Code of the Russian Federation, clauses 4.2, 4.3 of the Basic Provisions, approved by the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR dated 12/31/1987 No. 794/33-82).

Thus, a day off on duty is the employer’s responsibility, and not at all his right.

Hello!

No, that's not true.

Article 153. Remuneration for work on weekends and non-working holidays

Work on a weekend or a non-working holiday is paid at least double the amount:

for piece workers - no less than double piece rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly working hours,

and in the amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working time standard.

Specific amounts of payment for work on a weekend or non-working holiday may be established collective agreement, local normative act, adopted taking into account the opinion of the representative body of employees, an employment contract.

Work on holidays is paid in the amount of at least a single daily or hourly rate in addition to the salary.

Why not double? But only an additional payment in the amount of a single daily or hourly rate on top of the salary?

Because your work schedule is 15 days, and work cannot be done outside of it, since after a 15-day shift you have inter-shift rest days.

If, for example, you remained on shift for a few more days beyond your schedule, then all days beyond your work schedule would be paid at double the rate.

According to the Basic Provisions on the shift method of organizing work, approved by Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82

5. Salary, benefits and compensation

5.1. Remuneration for workers under the rotation method of organizing work is made:

workers - piece workers - for the volume of work performed according to enlarged, complex and other applicable standards and prices;

workers - time workers - for all actually worked time in hours based on the established tariff rates of the assigned categories;

foremen, foremen, site (shift) supervisors and other line (shop) personnel directly supervising the site (site) - for all time actually worked according to the schedule (in hours) based on the established monthly official salaries. The hourly rate of employees in these cases is determined by dividing the monthly official salary by the number of working hours according to the calendar of the billing month;

other managers, specialists and employees also working on shifts - for the time actually worked (in days) based on the established monthly official salaries.

Chapter 47. FEATURES OF LABOR REGULATION OF PERSONS,

WORKING ON A SWITCH METHOD

ConsultantPlus: note.

On the issue concerning the shift method of organizing work, see also Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82.

Article 299. Duration of watch

A shift is considered to be a total period, including the time of work performed at the site and the time of rest between shifts.

The duration of the shift should not exceed one month. In exceptional cases, at individual sites, the duration of the shift may be increased by the employer to three months, taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations.

Article 300. Recording of working time when working on a rotational basis

When working on a rotational basis, a summarized accounting of working time is established for a month, quarter or other longer period, but not more than for one year.

The accounting period covers all working hours, travel time from the location of the employer or from the collection point to the place of work and back, as well as rest time falling on a given calendar period of time.

The employer is obliged to keep records of the working time and rest time of each employee working on a rotational basis, by month and for the entire accounting period.

Article 301. Work and rest schedules when working on a rotational basis

Working time and rest time within the accounting period are regulated by the shift work schedule, which is approved by the employer taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations, and is brought to the attention of employees no later than two days in advance. months before its implementation.

(edited) Federal Law dated June 30, 2006 N 90-FZ)

(see text in the previous edition)

The specified schedule provides for the time required to transport workers to and from their shifts. Days spent traveling to and from work are not included in working hours and may fall on inter-shift rest days.

Each day of rest in connection with overworking hours within the work schedule on a shift (day of inter-shift rest) is paid in the amount of the daily tariff rate, daily rate (part of the salary (official salary) for the day of work), unless higher payment is established by the collective agreement, local regulations or employment contracts.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

Hours of overtime within the work schedule on a shift, not multiples of a whole working day, can be accumulated over the course of a calendar year and summed up to whole working days, with the subsequent provision of additional days of inter-shift rest.

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

Article 302. Guarantees and compensation for persons working on a rotational basis

Employees performing work on a rotational basis, for each calendar day of stay at the places of work during the shift period, as well as for the actual days of travel from the location of the employer (collection point) to the place of work and back, are paid an allowance for rotational work instead of daily allowance .

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

Employees of organizations financed from federal budget, the bonus for shift work is paid in the amount and manner established by the Government Russian Federation.

Employees of organizations financed from the budgets of constituent entities of the Russian Federation and local budgets, the bonus for shift work is paid in the amount and manner established respectively by the state authorities of the constituent entities of the Russian Federation and local government bodies.

Employees of employers not related to the public sector are paid a bonus for shift work in the amount and manner established by the collective agreement, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, or labor contract.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

For workers traveling to perform work on a rotational basis to the regions of the Far North and equivalent areas from other regions:

a regional coefficient is established and percentage bonuses are paid to wages in the manner and amount provided for persons permanently working in the Far North and equivalent areas;

Annual additional paid leave is provided in the manner and under the conditions provided for permanently employed persons:

in the regions of the Far North - 24 calendar days;

in areas equated to the regions of the Far North - 16 calendar days.

The length of service that entitles workers who travel to perform work on a rotational basis to the regions of the Far North and equivalent areas from other areas to appropriate guarantees and compensation includes calendar days of shift in the Far North and equivalent areas and actual days of stay on the way, provided for by the shift work schedules. Guarantees and compensations for workers traveling to perform work on a rotational basis in the regions of the Far North and equivalent areas from the same or other regions of the Far North and equivalent areas are established in accordance with Chapter 50 of this Code.

(Part six as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

For workers who travel to perform work on a rotational basis in areas in which regional wage coefficients are applied, these coefficients are calculated in accordance with labor legislation and other regulatory legal acts containing labor law norms.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

For each day of travel from the employer’s location (collection point) to the place of work and back, provided for by the shift work schedule, as well as for days of delay in transit meteorological conditions or the fault of transport organizations, the employee is paid the daily tariff rate, part of the salary (official salary) for the day of work (daily rate).