Work schedule 5 through 2 - how many hours are you supposed to work?

In permanently operating companies, it is not always acceptable to maintain the usual work schedule, when employees take their jobs in the morning and return home in the evening. Sometimes it is necessary to ensure round-the-clock operation of an enterprise or its individual divisions.

But this should be done taking into account the restrictions on the standard of time established by the Labor Code of the Russian Federation, as well as the method of using it. To understand how to properly implement a shift work schedule and comply with the standard hours, we suggest that you familiarize yourself with the provisions of the Labor Code.

Features of shift work mode

Shift work. As a rule, it is implemented in permanent enterprises. It provides for the organization of a technological schedule in two or three shifts. It can be introduced only in cases where there is a need for round-the-clock operation of equipment, efficient performance of services, and an increase in production volume.

Among certain legislatively restrictive measures of influence on companies using shift work, the following should be highlighted:

• The period of time that each employee involved in this work regime works is a maximum of 40 hours per week. Or the total estimated time for a decade (month);
• Between shifts, workers must have a technological break. It must be at least one shift. Engaging workers to work two days (times) in a row is prohibited by law.
• The useful activity of employees is usually set from 8 hours (with a three-shift schedule) to a day. Next, the employee should be given a rest period of at least the duration of the shift. Optimal rest between shifts is at least 42 hours;
• the involvement of minors, pregnant women, and persons with medical contraindications in shift work is prohibited;
• in the evening, at night, as well as on weekends, employees can receive additional compensation payments, or in addition to the available days off;
• Even when working, a worker has the right to breaks for meals, rest, and physiological needs. If at this moment the employee does not leave the company, he can count on including this time in his pay as a worker.

Remember, shift work does not mean that an employee must work an uncontrollable number of hours. The rules for its planning, accounting and payment simply change.

Concept of daily work schedule

Not everyone is ready to work all day

First of all, it should be noted that the Labor Code allows for the establishment of a work shift longer than the normal duration (8 hours) if this is required by the production process or the specifics of the work. Thus, we can conclude that a 24-hour work shift is also permitted.

The daily schedule assumes continuous presence at the workplace for 24 hours, that is, it will include both night and day working hours.

Rest during daily work schedule

Naturally, with a 24-hour work shift, the work schedule will differ from the usual 5-day week with an 8-hour working day. In this case, a special schedule will be established for employees. Very often, graphs of a day in two or a day in three are practiced.

At first glance, both the first and second are acceptable, since the Labor Code requirement for the duration of rest between shifts is observed, which states that it should be twice as long as the duration of the work shift. In this case, the shift duration is 24 hours (days), and the rest period is 48 or 72 hours. But there are some nuances here, which will be discussed in more detail in the next paragraph.

With this mode of work, the schedule must be drawn up in advance and the employee must become familiar with it no later than a month before it starts. The Labor Code also obliges the employer to provide employees with a rest break of at least half an hour during normal working hours. This time is not included in working hours and is not subject to payment.

But the employee can dispose of it at his own discretion. Including leaving the workplace. With a daily schedule, due to the specifics of the work, he most often does not have such an opportunity. In this case, the law states that breaks for food and rest must be included in working hours and paid.

How many such breaks should there be per day? There is no direct guidance in the legislation. But the accepted practice is based on the fact that there is one break per 8-hour working day, which means that there must be at least 3 breaks of half an hour or more per 24 hours.

Legislation

It is very important to take into account the requirements of legal regulations during the transition from normal work to shift work. In this case, several groups of documents should be identified that can be used in the process of introducing a new work and rest regime for employees:

1. Legislative acts. The key document here is the Labor Code of the Russian Federation. It contains basic norms that are used in the process of developing individual regulations for industries, or restrictions (for example, standard hours, a ban on involving certain categories of citizens in night and overtime work) used in the preparation of documents. It is also worth taking into account Federal laws regulating the specifics of the work of individual departments (law enforcement agencies, firefighters, sailors, teachers and others).
2. Regulatory acts of the government, relevant ministries and departments. With the help of this group of documents, individual legislative norms, set out in a condensed form, are specified and described in detail. Usually these are instructions on how to apply the legislative norm in practice for the industry as a whole, or for a specific production category. For example, documents regulating the standard hours, work schedule, organization of rest for drivers, divers, teachers, sports trainers and others. They also contain standards common to each category, taking into account the professional specifics of their work.
3. Local documents of the enterprise. The key document of the company regulating the recording of working hours and its features is the collective agreement. Separate provisions can also be developed and, in agreement with trade union organizations, introduced by enterprise orders. This group of documents takes into account the local characteristics of each company and category of workers. But all the rules set out here must fit within the framework limited by the legislative and regulatory acts of the country.

Remember, in the process of preparing local documents for shift workers, it is necessary to take into account legal restrictions. Otherwise, you can get into serious trouble from regulatory organizations.

Working hours: every other day from 8.00 to 22.00

When is it legal to change the schedule at the initiative of the employer?

In accordance with Art. 72 of the Labor Code of the Russian Federation, for a legal revision of the work schedule, the written consent of the employee is required.

At the same time, according to Art. 74 of the Labor Code of the Russian Federation, sometimes an employer, without the consent of a subordinate, has the right to change the working conditions in the contract. However, the following rules must be observed:

• labor functions remain the same;
• it is necessary to change the schedule due to new technological or organizational working conditions.

Technological conditions of activity - automation, use of new equipment, changes in working methods, reduction of the production process. Organizational conditions of activity – renaming of a division, restructuring of a branch.

In other cases, changing the work schedule is permissible only by agreement with the employee.

When changing your work schedule, the following points must be considered:

• Women with children under 3 years of age, disabled people and minors should not be called upon to work at night;
• single mothers raising children under 5 years of age may be called upon to work at night only with their written permission (and they should not have medical contraindications);
• the activities of some enterprises are regulated by both federal laws and regional agreements (for example, in Russian Railways), providing for social and labor relations and guarantees for subordinates.

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