What are the features of shift work under Article 103 of the Labor Code of the Russian Federation?

New edition of Art. 103 Labor Code of the Russian Federation

Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.

When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. Shift schedules are usually an annex to the collective agreement.

Shift schedules are brought to the attention of employees no later than one month before they come into effect.

Working two shifts in a row is prohibited.

Shift work concept

The norm means shift work, the time of which exceeds the standard 8-hour working day. The need for it arises due to the specifics of the production process, when in eight hours it is impossible to ensure the normal functioning of the equipment at the enterprise or the effective solution of the assigned tasks.

According to the shift norm there may be:

• 2;
• 3;
• 4.

During each shift, only one group of workers is used, into which the workforce is divided. The time during which she performs her duties sets the shift schedule. The rest of the groups rest during this period. When the first one finishes her shift, the second one replaces her. And so with all groups in turn.

In practice, the mode is most often used:

• industrial enterprises;
• management companies;
• public catering;
• trading companies;
• security companies;
• transport companies;
• medical organizations.

Important! Although the regime is widespread in government departments (Ministry of Internal Affairs, Ministry of Emergency Situations), Article 103 of the Labor Code regulates their activities only partially. The fact is that civil service is regulated by industry legislation.

Work on a shift schedule during the night shift

Labor Code of the Russian Federation - Art. 96 provides that the night shift is considered to be the time from 22:00 to 6:00 hours. The duration of such a shift, compared to a day shift, is an hour shorter, without the need for additional work.

Article 96 of the Labor Code of the Russian Federation

“Night work” (more details)
It is prohibited to involve the following categories of workers in night shift work:

1. Pregnant women.
2. Minor employees. The exception is if such employees work in the creative field and are forced to perform part of their functions at a late time.
3. Other employees. The list of employees who are not allowed to work on the night shift may be established by local regulations of the employer.

There are categories of workers who can be sent to work night shifts with the written consent of the workers themselves. It is prohibited to force people to sign such consents.

The Labor Code of the Russian Federation provides for the possibility of working night shifts for the following employees:

• women who are raising a child under three years of age;
• disabled people. Persons with disabilities can work night shifts regardless of their disability group. The main condition is the consent of such citizens to work at night. Written permission is issued in accordance with the general procedure.
• persons raising a child with disabilities;
• employees who are forced to care for a relative or loved one with a serious illness. This fact must be confirmed by medical documentation.
• single fathers, mothers, guardians who are forced to independently raise a child under 5 years of age.

Expert commentary

Potapova Svetlana

Lawyer

The employer may ask these categories of employees to sign an agreement to work the night shift. By agreement with the head of the enterprise, an employee can work a part-time shift, but this may affect the amount of wages.

Consent of a disabled person to work at night (sample)

In Art. 103 of the Labor Code of the Russian Federation additionally specifies the areas of production that require a shift work schedule.

Article 103 of the Labor Code of the Russian Federation

“Shift work” (more details)
The organization of continuous work can be established at the following enterprises:

Expert commentary

Gorbunova Olga

Lawyer

In fact, any enterprise can be transferred to shift work. The decision depends on the commercial processes in the company and the feasibility of working in shifts.

When to administer

The article names the following as the goals of introducing the regime:

• continuous maintenance of the production process, the duration of which exceeds the normal working day;
• effective use of industrial equipment;
• increasing the volume of products produced by the enterprise or services provided.

In this case, the employer coordinates the shift schedule and the issue of its introduction with the representative body of employees (that is, the trade union). The provisions of local regulations are also taken into account - after all, they may prohibit a shift schedule.

Important! Although the employer agrees on the introduction of a shift schedule with the trade union, the latter’s disagreement with such a decision does not entail its cancellation. Article 103 of the Labor Code contains wording about “taking into account opinions”, and not about strict compliance with the requirements of the representative body.

Features of working time recording

Article 91 of the Labor Code of the Russian Federation confirms the requirement to organize recording of working time at the enterprise, for which employers are responsible. This requirement applies to everyone, regardless of whether they have received the status of individuals or legal entities. The current form of ownership does not play any role.

A time sheet with a set form is the main tool that helps to properly organize the process. This document contains information about all the hours that the citizen worked in practice.

Table 1. Types of working time recording

How things work in practice

In practice, the introduction of a shift schedule consists of the following stages:

1. Coordination of innovation with the trade union. At this stage, the employer brings the decision to the representative body and considers its objections and wishes.
2. Publication of a local act. After considering the innovation in the trade union, the employer issues a normative act in which it fixes the possibility of introducing fixed-term work.
3. Conclusion of a collective agreement. A collective agreement is concluded with employees, which stipulates the possibility of introducing a regime.
4. Drawing up schedules. The last stage of introducing the regime is the preparation of schedules that distribute workers among shifts.

The Labor Code suggests attaching schedules to the collective agreement. The article in question contains the wording “as a rule”. In practice, this means that it is not at all necessary to attach schedules - the employer can act in a different, more convenient way for him.

Procedure for drawing up a schedule

The employer and authorized specialists are responsible for drawing up a schedule providing for shift work. The document is developed by the HR department inspector. The employer must thoroughly study the feasibility of introducing a shift work process at the enterprise. The HR department inspector pre-assembles the teams and divides them into shifts, taking into account the needs of the work process.

The shift schedule takes into account the following data:

• shift rotation order. They can be daytime, nighttime, in between, “exciting” in duration at different times of the day;
• duration of each shift. The schedule indicates the beginning and end of each work period;
• number of employees per shift, their area of ​​activity;
• Availability of breaks and rest time. Usually the break should be at least an hour, but can be broken into shorter periods or be longer than the standard rest time.

The shift schedule is formed simultaneously with the working time sheet. A document regulating the procedure for shift work can be an annex to a collective agreement, but it can also be formed separately or be an addition to the internal rules of the enterprise.

When drawing up a shift schedule, the following is taken into account:

1. The duration of the shift, according to Art. 94 of the Labor Code of the Russian Federation, there cannot be more than the established working hours (maximum 36 hours per week).
2. The duration of the shift cannot be extended by the employer at its discretion. A shift can only be extended with the consent of the employees and taking into account the position of the trade union body (Article 102 of the Labor Code of the Russian Federation).
3. Employees' rest time cannot be less than 42 hours per week.
4. During shift work, it is prohibited to involve an employee in performing work not provided for by job regulations and instructions.
5. If the shift schedule has not been agreed upon with the employees and (or) the trade union, then the validity of such a document can be challenged in court.
6. If a holiday falls on the shift schedule, then such work must be paid double. Instead of double pay, the employee has the right to choose another day of rest, but then the holiday shift will be paid at a single rate.

Article 94 of the Labor Code of the Russian Federation

“Duration of daily work (shift)” (more details)

Article 102 of the Labor Code of the Russian Federation

“Working in flexible working hours” (more details)
With a shift schedule, the total working time is taken into account. The schedule separately reflects work during the day and at night. The employer keeps personalized records of working time. The shift schedule is drawn up in tabular form and communicated to employees visually. The document can be posted on the company’s website or posted on information boards.

More about creating charts

Article 103 does not directly regulate the procedure for creating schedules. The rules that regulate the procedure are “scattered” across various acts (some of them were adopted back in the Soviet period and are partially still in effect). Of course, when using the article in practice, they also need to be taken into account.

Here are the basic rules for creating charts:

1. Accounting for employees who have the right to a shortened shift. These include minors, disabled people, and persons who have reached a certain age. The issue is settled by Article 94 of the Labor Code.
2. Features of the regime in hazardous production. Its duration should not be more than 8 hours for a 36-hour work week and more than 6 hours for a 30-hour week. The issue is also regulated by Article 94.
3. Other factors. It is necessary to take into account the duration of past shifts, rest, and night work. The issues are regulated by Articles 95-96 and 110.

It is also necessary to take into account the provisions of the Decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, which regulate a number of issues (for example, the right to a shortened shift in some conditions).

Article 103 of the Labor Code of the Russian Federation. Shift work (current edition)

1. Article 103, dedicated to shift work, establishes the possible number of shifts: two, three and even four.

In some cases, the introduction of shift work is necessary because it ensures the functioning of the production process when its duration exceeds the permissible duration of daily work (for example, in continuously operating organizations); in others, it is possible when the employer pursues the goal of efficient use of equipment, increasing the volume of products or services provided (for example, in organizations serving the population). The choice of a specific option for shift work: whether employees will work in two, three or four shifts is determined by the employer, taking into account the reasons for using a shift work schedule.

2. The number of work shifts and the sequence of transition of workers from one shift to another are established by the shift schedule. In cases where such a schedule also covers night time, the employer is obliged to take into account that a certain circle of employees can work at night only with their consent.

Based on Art. 96 of the Labor Code these include: women with children under three years of age; disabled people; workers with disabled children; workers caring for sick members of their families in accordance with a medical report; mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age. On the procedure for attracting them to work at night, see Part 5 of Art. 96 TK.

3. The shift schedule developed by the employer is sent to the representative body of employees, whose opinion the employer is obliged to take into account. After taking into account the opinion of the representative body, the employer approves the schedule.

This procedure does not apply if the organization does not have a representative body of employees.

4. The shift schedule regulating the work of employees can either be an independent local regulatory act or be attached to a collective agreement.

5. Part 4 of the commented article establishes a one-month period for bringing to the attention of employees information about the introduction of a shift schedule. This rule applies to cases where employees are already working in shifts and there is a need to introduce a new schedule or change the current one.

Article 103 does not establish a procedure for communicating this information to employees. Based on Art. 22 of the Labor Code, the employer is obliged to familiarize employees, against signature, with the adopted local regulations directly related to their work activities.

6. When a shift schedule is introduced for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the employer is obliged to notify the employee about this in writing no later than two months (h 2 Article 74 Labor Code).

7. The length of working time during a shift is determined depending on the established standard of working time and the type of working week (five- or six-day working week).

The legally permissible (maximum) duration of daily work is provided only for certain categories of workers. For the duration of daily work (shift), see Art. 94 of the Labor Code, on the duration of work (shift) at night, see Art. 96 TK.

For other categories of workers, the duration of daily work (shift) is established by internal labor regulations, collective agreement, agreement, based on the normal weekly working hours, which should not exceed 40 hours. The duration of daily work (shift) can be less than four hours if we are talking about part-time work (see letter of Rostrud dated March 1, 2007 N 474-6-0).

8. Typically, shift schedules provide for a direct order of alternation of workers in shifts (after the first shift, the employee goes to work in the second, then in the third) or a reverse order of alternation (after the first shift, the employee works in the third shift, then in the second, and the cycle repeats again ). In practice, the most common is the direct order of alternating shifts, since it corresponds to the natural daily rhythm of natural human processes (see: Intersectoral recommendations for the development of rational work and rest regimes. M., 1967).

9. A shift in which at least half of the working time is at night is considered night. The shift immediately preceding the night shift is considered evening (joint Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated 05/07/1987 N 294/14-38 “On approval of the explanation “On the procedure for applying additional payments and providing additional leave for work in the evening and night shifts, provided for by the Resolution of the Central Committee CPSU, Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 02/12/1987 N 194").

10. The duration of daily (between shifts) rest must be at least twice the duration of work on the previous working day (shift) together with the lunch break (see paragraph 11 of the Resolution of the Council of People's Commissars of the USSR dated September 24, 1929 “On working time and rest time in enterprises and institutions switching to a continuous production week").

When drawing up shift schedules, the employer is obliged to take into account the rule of Art. 110 of the Labor Code on providing employees with weekly uninterrupted rest of at least 42 hours.

11. Workers alternate shifts evenly at the hours determined by the shift schedules. The number of working days and days off according to the schedule may not coincide with the number of days in the week. In this case, the transition from one shift to another occurs, as a rule, after a day off, determined by the schedule.

In conditions of continuous production, when it is not possible to use a working time schedule of a five- or six-day work week, shift schedules are used to ensure continuous maintenance of the production process, personnel work in shifts of constant duration, regular days off for each team, a constant composition of teams and transition from one change to another shift after a day of rest as scheduled. Typically, four-team shift schedules are used. At the same time, three teams work every day, each in its own shift, and one team rests.

12. The legislator prohibits engaging an employee to work for two shifts in a row. However, it should be borne in mind that according to clause 3, part 2, art. 99 of the Labor Code, involvement in overtime work (with written consent) is possible to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

13. For some categories of workers, specific features of the use of shift work have been established. Thus, the Regulations on the peculiarities of the working time and rest time regime for workers of floating personnel of inland water transport vessels stipulate that for floating personnel when the fleet operates on rivers with limited navigation periods, when ensuring the delivery of goods to the regions of the Far North and equivalent areas, a two-shift regime can be established work with a daily work duration of 12 hours for the entire full-water period from the date of the official opening of navigation in this region, but not more than three months (see clause 14).

The regulation on the peculiarities of working hours and rest time, working conditions for certain categories of railway transport workers directly related to the movement of trains, determines that the duration of working hours during shift work is established by the employer, taking into account the opinion of the representative body of workers, but not more than 12 hours. Working more than two calendar days in a row at night (from 10 p.m. to 6 a.m.) is not permitted (see clause 6).

The Regulations on the peculiarities of working hours and rest time for employees of operational production organizations of Roshydromet, their structural divisions that have a special nature of work, determine that for employees with a shift work schedule, it is not allowed to start work (shift) earlier than 6 hours and end work (shift) later than 22:00 local time (see clause 8).

Comment source:

Rep. ed. Yu.P. Orlovsky “COMMENTARY ON THE LABOR CODE OF THE RUSSIAN FEDERATION”, 6th edition ACTUALIZATION

ORLOVSKY Y.P., CHIKANOVA L.A., NURTDINOVA A.F., KORSHUNOVA T.YU., SEREGINA L.V., GAVRILINA A.K., BOCHARNIKOVA M.A., VINOGRADOVA Z.D., 2014