Hello! When working on a daily/three-day work schedule, is the time for sleep 4 hours or not and what is regulated.

The concept of daily work

Daily work refers to the performance by an employee of his work duties within 24 hours. With regard to such a regime, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) does not contain any prohibitions, but when establishing it, the following must be taken into account:

• per week, the employee must work no more than 40 hours - part 2 of Art. 91 of the Labor Code of the Russian Federation (read about those who have a shorter working week in our article “Reduced working hours (nuances)”);
• During the week, the employee must have continuous rest for at least 42 hours (Article 110 of the Labor Code of the Russian Federation).
• not all categories of workers can be involved in shift work lasting a day due to the presence of restrictions on the length of the working day/week for certain categories of workers (minors, disabled people, etc. - Articles 92, 94 of the Labor Code of the Russian Federation) - see block - diagram below;
• not all categories of workers can be involved in work according to such a schedule due to the ban on involving them in work at night - Art. 96 of the Labor Code of the Russian Federation (more details in our article “Payment for night work under the Labor Code (nuances)”).

Daily duty according to the labor code sleep

In fact, it turns out that the staff comes to work in 5 minutes, drinks tea twice while working, and the guys three more times. After work we have to wait for the last customer and hello! Tell me the norms for being at the workplace (technical breaks) and the norms for work and rest shifts. (day, night_ sleep off. My employment contract specifies an 8-hour work week. And yesterday she generally refused to turn it off after 11 pm, citing revenge for the fact that I allegedly did not let her sleep during the day. I live 5 minutes from work and I think that this does not harm work! I work as a courier from 11-00 to 21-00, no paid lunch hour, no employment contract. For absence from work in within 30 minutes, I was given a fine of 5 thousand. I worked that day for no more than two hours, I had to urgently go to a driving school. Because before there were chairs and we could sit, but during rush hour we stood.

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The adoption of normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

How to create a work and rest schedule during daily shifts?

The most common schedules in practice are a day after 2 and a day after 3. With such schedules, the requirement for a 40-hour week is violated, so the employer introduces summarized time tracking provided for in Art. 104 Labor Code of the Russian Federation.

Risks! According to Art. 104 of the Labor Code of the Russian Federation, if it is not possible to comply with daily and weekly working time limits, the employer counts the hours worked for the accounting period and controls that they do not exceed the established norm for the accounting period.

The procedure for introducing summarized recording of working time is regulated by internal labor regulations. Accordingly, these rules determine the accounting period - month, quarter, six months or year. It is not allowed by law to take into account hours worked more than a year (for workers in an industry with hazardous conditions, the limit is 3 months - Part 1 of Article 104 of the Labor Code of the Russian Federation).

Note! Thanks to working time tracking, unworked hours can be covered by overworked ones.

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

We recommend checking compliance with working hours twice: at the stage of drawing up the schedule and at the end of the accounting period.

Let's look at a specific example of the rules for drawing up a daily work schedule, for example, for April 2021:

• scheme – after 3 days;
• accounting period – month;
• number of working days according to the calendar of a five-day working week – 22;
• the number of hours per month that accounts for the reduction in working hours in April 2021 is 1 hour.

Calculation of the standard working hours for a month is carried out in accordance with the Calculation Procedure..., approved. by order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n:

Standard hours = (40 hours x 5 / 22) – 1 hour = 175 hours.

The shift schedule for the month is presented below (C - shift, B - day off).

Daily duty according to the labor code sleep

The working day is 8 hours, the foremen refuse to let us go for lunch and detain us, do they have the right to do this? Good afternoon, tell me what to do if the employer has set fixed lunch breaks of 15 minutes during a 12-hour working day, but there will be a need to go to the toilet outside of these breaks? Does the head of his own security have the right to demand from a store employee: 1. RD in a letter threatens with administrative punishments up to and including dismissal. Should you go out for a smoke break only through the service entrance on the landing stage? Announce a lunch break with the service entrance closed from to? During this break and until its end, should we prohibit going out for a smoke break? Force the employee to sign in a log for a cigarette break indicating the exact time of departure and return of the employee? Should I take an explanatory note from him in the event of an employee leaving without permission through the central exit during a period when the office is closed for lunch break?

The list of such work, as well as places for rest and meals, are established by the internal labor regulations. For certain types of work, it is provided for the provision of special breaks to employees during working hours, determined by the technology and organization of production and labor. Types of these works, duration and procedure for providing such breaks are established by internal labor regulations.

Work time and rest time with a daily schedule

The start and end times of work are indicated in the internal regulations and, if necessary, in the employment contract.

According to the Labor Code of the Russian Federation, with a daily work schedule, rest time is no different from rest time under other work modes. It is established taking into account the provisions of Chapter. 18 Labor Code of the Russian Federation:

• During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours (Part 1 of Article 108 of the Labor Code of the Russian Federation). If an employee is on a shift lasting 24 hours, then during this time, then, for example, internal labor regulations may provide for 2 breaks of 1 hour each or 4 breaks of 30 minutes each. etc.;
• if the employer cannot provide the employee with the opportunity to leave the workplace and use rest time at his own discretion (which most often happens with daily work), then the time for meals and rest will be included in working hours.

Note! In accordance with the above, a shift lasting 22 hours may be indicated in the timesheet (for example, if the employee is given 2 hours for a break during the shift and the employee can leave the workplace) or 24 hours (if the employee was not allowed to leave the workplace). workplace).

Weekends are 2 or 3 days (depending on the mode) after 24 hours worked.

Important! Generally accepted weekends (Saturday, Sunday) or holidays when a shift falls on them are not days off, because The employee works according to his own schedule and his days off are determined precisely in accordance with this shift schedule.

Employees working on a shift schedule are entitled to leave in accordance with the legislation of the Russian Federation. For more information about vacations, read the article “Procedure for granting vacations under the Labor Code.”

Does a store security officer have the right to use physical force?

Yes, it has. Art. 16 of the law in question directly indicates this, but there are a number of conditions and nuances that the security guard must comply with so that his actions remain within the legal framework.

Firstly, the security guard is obliged to use physical force strictly in cases where he has grounds for doing so. In our case, this can only be the suppression of offenses and forcing the person who committed it to remain within the store until he is handed over to the police.

Secondly, there is a clear procedure for using physical force - warn about its use, minimize the harm caused, provide first aid. The security guard must balance the resistance provided with the volume of actions he is performing. Under no circumstances can he exactly swing his fists left and right, but he can truss up a violent citizen and force him to wait for the police to arrive.

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Open taking of money without the use of weapons

This is what the guards call the fine system.

What does the Labor Code provide for negligent employees? Reprimand, severe reprimand, dismissal. But private security companies have their own territory, their own laws, which they can introduce or change whenever they want.

Private security company "Garant" in the village of Inozemtsevo. During daily duty, the security guard is allowed 2 hours of rest (according to the Labor Code, even with round-the-clock duty, the employee has the right to 4 hours of rest), but at the same time they are paid for 22 hours of work. The “body” is on the object and in the form, but at the same time it seems to be absent!

If you arrive 15 minutes before you take up your post, you will receive a fine of 500 rubles, because the scam starts half an hour before your shift.

Private security company "Vympel" To receive weapons and formation, you must show up at 7.30, or even earlier. Ten shifts cover 5 hours. Nobody thinks to pay for them.

"Enhanced Security Measures"

Departmental security is weakening everywhere, coming to naught, and it is very expensive for the enterprise. Increasingly, reputable institutions (even banks) use private security services.

How this happens can be seen in the example of the security service reform at the North Caucasus Federal University (NCFU).

Is the daily schedule considered shift work?

The daily schedule can be established not only during shift work, but also in the flexible schedule mode provided for in Art. 102 Labor Code of the Russian Federation. How they differ - see the table below.

Note! Regardless of the type of regime in force at the enterprise, the employee retains his labor rights and guarantees. For example, if an employee fails to show up for work for valid reasons (sick leave, etc.), he is not required to work the missed shift. Of course, all other guarantees provided for by the Labor Code of the Russian Federation are also preserved (the right to annual paid leave, due to a reduction in compensation and payments, etc.)

Requirements, restrictions and prohibitions

In order for the work of employees working on a daily schedule to fall within the framework of the law, the employer needs to focus on the requirements established for such work and comply with a number of restrictions (Articles 91, 103, 110 of the Labor Code of the Russian Federation):

If the employer, when organizing work on a daily schedule, ignores existing requirements and prohibitions, the efficiency of the company and the productivity of employees, as well as their health, will deteriorate. And violation of labor laws may result in administrative penalties under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Night shifts with and without the right to sleep according to the labor code

An employee’s use of other time for rest (including sleep) may result in his being brought to disciplinary liability (appeal rulings of the Moscow City Court dated 04/04/2021 No. 11-10533/13, judicial panel for civil cases of the Moscow Regional Court dated 08/12/2021 to case No. 33-17289/2021). Night work is considered work under conditions deviating from normal conditions, and therefore the employee is paid accordingly (Article 149 of the Labor Code of the Russian Federation). As follows from Art. 154 of the Labor Code of the Russian Federation, the amount of remuneration for night work depends on the time of actual work in the appropriate conditions. Since break time for rest and meals is not included in working hours, the employer is not required to pay for this time. Look through the demo version of the printed magazine on Electronic subscription for 8,400 rubles.

A work shift starting after 22.00 is called a night shift. Night staff appeared due to the peculiarities of the technologies of many industries: for example, steelmaking shops cannot be stopped for a minute. Labor Code on Night Work The legislator formulated a list of categories that are allowed to work after 10 p.m., payment conditions, and defined the term “night work.” The Labor Code states that the period of time from 22.00 to 6.00 is considered night (Part 1 of Article 96 of the Labor Code of the Russian Federation). Night mode affects biorhythms and threatens the normal functioning of body systems.

Three days later: set the mode correctly and pay

For timesheets, it is necessary to take into account not only the duration of daily work, but also the periods that can adjust it. The timesheet reflects the hours actually worked. Their number may differ from the number according to the schedule, since it indicates the planned days and hours of work and rest. During the accounting period, an employee can go on a business trip, get sick, take leave without pay, etc. 2. For overtime work. Since the first 2 hours of each shift are paid at one and a half times the rate, let’s check whether 16 hours (184 - 168) of overtime fit into this norm. To do this, multiply 8 shifts by 2 hours. We received 16 hours - the amount of the first 2 hours of overtime work on average for each of 8 shifts.

06 Jan 2021 marketur 179

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