Shift work schedule - labor code and scheduling procedure

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Published: 08/07/2016

Reading time: 9 min

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Labor legislation provides for several modes (schedules) of working time distribution. Each employer is obliged to develop and establish a work schedule that does not contradict the legislative norms reflected in the Labor Code and local documents, and also satisfies the production or commercial needs of a given legal entity.

The working hours can be established by local documents, for example, a collective agreement or special rules recorded in writing. Typically, these documents are agreed upon with trade union bodies in order to avoid unnecessary disputes with the work team .

Such a schedule is individual for each individual enterprise, organization or company, as it reflects the characteristic features of the activities of a legal entity. However, there are general scheduling rules that employers need to consider.

Legislation
Main types and their features Single-shift schedule
Irregular schedule
Flexible work schedule
Shift schedule Shift schedule

Fragmented work schedule

Labor Code on shift work schedules

If a company operates on a shift schedule, the employer must take into account the nuances provided for by labor legislation.
Shift work The Labor Code of the Russian Federation (Article 103) allows the following :

if the duration of the production process is higher than the permissible duration of daily work;
for the efficient use of equipment, increasing the volume of products (works, services).

Typically, internal company local acts and labor contracts establish the duration of workers' shifts and the order of their alternation with rest periods between shifts.

A ready-made solution with detailed explanations and examples of wording from ConsultantPlus will help you draw up an employment contract with a condition on a shift work schedule. If you do not have access to this legal system, a full access trial is available for free.

The materials on our website will help you understand the nuances of drawing up other documents that determine the work and rest schedule of employees:

“Internal labor regulations - sample 2021”;
"Unified form No. TD-1 - Employment contract."

To properly organize shift work, shift schedules are drawn up in compliance with the following conditions:

the schedule may include working in several shifts (2, 3 or more);
working 2 shifts in a row is prohibited;
when drawing up a schedule, the employer will have to take into account the opinion of the trade union body (if there is one in the company);
It is necessary to familiarize employees with the shift schedule at least 1 month before it comes into force.

Procedure for registration and accounting

The transition to shift work must be confirmed by an agreement with each employee. Registration and proper record keeping is required. The employee must be informed of the schedule at the time of joining the position. He also regularly gets acquainted with changes in work every month. The fact of familiarization must be recorded in writing. As a rule, two copies are prepared - one for the personnel department, the second for the employee.

Attention! If the schedule changes significantly, the employee is informed, and he makes a decision about further work. After this, an additional agreement to the employment contract is prepared.

Types of shift schedules

Depending on the company’s operating technology, shift schedules with different durations and a combination of working periods of time and rest periods may be established for different positions.

For example, for workers in such a specific field as railway transport, schedules with the following parameters can be developed:

day and night shifts, rest after night work and a day off followed by a new work shift;
2 working days of 11 hours each (no night work) alternate with two consecutive days of rest;
work shifts are combined with rest in the following combination: a working day after three days of rest.

The first form of shift work is typical for operators, station attendants, wagon inspectors and repairmen, rolling stock repairmen and other workers who provide round-the-clock reception, access and processing of rolling stock.

The specific nature of the activities of workers in the second group does not require round-the-clock presence at workplaces, but does not allow any breaks in daytime work shifts. Such workers include dispatchers for the accounting of cars requiring uncoupling repairs and other similar positions.

Working in the “every three days” mode is typical for the security service of premises and territory. We will consider further how to calculate a shift schedule for this category of workers.

Everyone has a day off, but you have work according to schedule

If your schedule is rotating, forget that holidays usually fall on the weekend. This may turn out to be this way, or it may turn out to be different - it all depends on how the schedule was planned. If Saturday or Sunday turns out to be intended for work, nothing can be done; this is a feature of the sliding schedule. They are considered normal workdays and are paid accordingly. An additional day of rest is not provided. The employee has no right to refuse to go to his workplace on this day.

FOR YOUR INFORMATION! Certain types of employees, such as mothers of children under three years of age, have advantages regarding work schedules. But not in cases where their signature is on the consent to a rotating schedule: there are no exceptions for them, that is, they will have to work on any day of the week that turns out to be working according to the schedule.

Calculation of shift work schedule

To calculate the working time schedule for shift work “in three days”, you need to:

establish a summarized accounting of working time (Article 104 of the Labor Code of the Russian Federation);
reflect separately in the schedule work during the day and at night;
take into account the legally established duration of breaks for rest and meals (no more than 2 hours and no less than half an hour, Article 108 of the Labor Code of the Russian Federation);
personalize the accounting of time actually worked by each employee (Article 91 of the Labor Code of the Russian Federation).

You can familiarize yourself with the documents used to record actual time worked using the materials on our website:

“Unified form No. T-12 - form and sample»;
“Unified form No. T-13 - form and sample».

Important! When drawing up a working time schedule, it is necessary to take into account the legally established condition of 42 hours of weekly continuous rest (Article 110 of the Labor Code of the Russian Federation).

The results of calculating the parameters of the shift schedule and its results are usually presented in tabular form and posted for public viewing.

The employee must learn about the parameters of the shift schedule at least 1 month before it comes into force. The responsibility for such familiarization lies with the employer (Article 103 of the Labor Code of the Russian Federation).

Find out what are the nuances of providing annual leave to employees with a shift schedule from ConsultantPlus. Get trial access to the system and go to the Ready-made solution.

What is a shift schedule

IMPORTANT!

If your organization is operating during the quarantine period and employees are actually present at their places, then there is no need to make changes to the schedule. If the organization is not a continuous cycle enterprise or serving the population, then employees must stay at home in accordance with the presidential decree. The period of non-working days is subject to payment. In this case, the shift schedule does not need to be changed, the work is simply not performed, and the working time sheet will have to be filled out after the fact. Until now, HR specialists have not reached a consensus on what code to put on the report card. Some put code B (day off), some put code I (appearance). According to the editors, enterprises should develop and approve a separate code for this case, for example OND, so that there is no confusion in the future.

A standard daily work schedule for the entire team is not always beneficial for both the employer and the employees themselves. To ensure continuity of the production process, optimize the use of equipment and obtain maximum production volume, shift work is required in some cases. Typically, two-, three-, or four-shift schedules are established. For each shift, strict time frames are determined.

Remuneration for shift work: nuances

Payroll calculation for shift work has its own characteristics compared to similar calculations in a 5-day working week with days off at the end.

With a shift schedule, the usual weekends for everyone (Saturday and Sunday) can be scheduled as working days, and the shift worker’s rest will fall during working hours.

The calculation of wages for a shift worker is specific in that the number of working hours according to the schedule may differ from the norm in the direction of increase (planned overtime) or create a planned shortfall.

Important! When using summarized working time accounting, the annual number of overtime hours cannot exceed 120 (Article 99 of the Labor Code of the Russian Federation).

To avoid errors in salary calculations during shift work, it is necessary to carry out a reconciliation procedure for the following indicators at the end of the accounting period established by the company:

hours actually worked by the employee according to the schedule;
number of working hours during the accounting period according to the norm.

If, upon comparison, the first indicator exceeds the second, it is necessary to calculate and pay for processing.

Important! In accordance with clause 5.5 of the resolution dated 05.30.1985 of the State Committee for Labor of the USSR No. 162, All-Union Central Council of Trade Unions No. 12-55, overtime is subject to payment in time and a half (the first 2 hours, falling on average for each working day of the accounting period) and double (subsequent hours of work).

A similar approach when paying overtime was confirmed by the Supreme Court of the Russian Federation (Section 5 of the review approved by the Presidium of the Supreme Court of the Russian Federation on February 26, 2014).

We will consider an example of calculating the salary of a shift worker with overtime in the next section.

Organizations operating this schedule

In accordance with the Labor Code of the Russian Federation (Article 103), a shift work system can only take place in organizations that observe a continuous production process that requires stable supervision and control by workers. These categories include the following organizations:

Continuous production enterprises. For example, chemical, metallurgical, automobile plants, mines, the shutdown of which can slow down or cause a disruption in the technological process of one or more departments. For example, stopping a blast furnace would cause a serious industrial accident.
Emergency services. The availability of ambulance, fire service, and police requires round-the-clock duty, since their functionality sometimes depends on unforeseen factors (disasters, emergency calls, etc.).
Certain food and retail enterprises (convenience stores, cafes, restaurants, hotels).
A transport system that must provide transportation of passengers and comply with traffic schedules.
Organizations in which shift work allows for the most efficient use of resources, equipment and premises of the enterprise.

How to calculate salary for shift work

Let's look at an example.

The operational dispatcher has a summarized recording of working time with a recording period of 1 month. Work is carried out on a 2/2 schedule (2 working days of 11 hours each, followed by 2 days off).

According to the schedule, the dispatcher worked 165 hours for the month against the norm of 160 hours. The accountant made the following calculation (the hourly tariff rate of the dispatcher is 260 rubles):

salary for hours worked: 165 hours × 260 rubles/hour = 42,900 rubles;
processing hours: 165 – 160 = 5 hours;
number of working days in the accounting period: 165 hours / 11 hours per shift = 15 days;
calculation coefficient (average duration of overtime work per 1 working day of the accounting period): 5 hours / 15 days. = 0.33 hours/day. (does not exceed 2 hours a day, which corresponds to payment for overtime hours at one and a half times the rate);
amount of additional payment for overtime work: 260 rubles/hour × 5 hours × (1.5 – 1) = 650 rubles;
total salary: 42,900 + 650 = 43,550 rubles.

With the same approach, you can calculate differently:

salary for standard hours: 160 hours × 260 rubles/hour = 41,600 rubles;
additional payment for overtime: 5 hours × 260 rubles/hour × 1.5 = 1,950 rubles;
total salary: 41,600 + 1,950 = 43,550 rubles.

The choice of calculation method does not affect the final result.

Features of compilation

Work according to the schedule according to the Labor Code of the Russian Federation cannot be imposed on an employee. It must be drawn up by mutual agreement of the parties. For example, if a candidate for a vacancy does not agree with the proposed work regime, he has the right not to apply for such a job. It’s another matter if an employee is already working at the enterprise, and suddenly, due to production needs, the employer wants to introduce a rotating work schedule. In this case, the employer must obtain the employee’s consent through an additional agreement.

In the process of developing a regime, an accounting period is selected, and then, depending on the work rate adopted at a particular enterprise, a plan is drawn up. For example, if an organization has adopted a 40-hour work week, then the monthly norm will be 160 hours. These 160 hours must be distributed over the month so that the weekends “slide”. To the extent possible, the employer can take into account the wishes of subordinates.

Holiday salary supplements for shift workers

With regard to payment for holidays that fall during work shifts, the general procedure established by labor legislation applies.

Important! In accordance with Art. 153 of the Labor Code of the Russian Federation, work on holidays is paid at least double the amount. Holidays and non-working days are listed in Art. 112 Labor Code of the Russian Federation.

Following the legally defined minimum level of holiday surcharges, the employer has the right to set its own amount of such surcharges. Their maximum limit is not regulated by law. The procedure for paying for holidays, like all other important nuances of salary calculations, must be reflected in the internal local act of the company (collective agreement, regulations on wages, etc.).

When calculating the salary of a shift worker, provided that in the billing month his work shifts coincided with non-working holidays, the following must be taken into account:

if an employee starts his shift at 8:00 a.m. on a holiday and his shift lasts 11 working hours, all hours actually worked are subject to holiday surcharge in full;
if part of the work shift falls on the night period (for example, from 20:00 on a holiday until the morning of the next day), the calculation of the holiday surcharge must be made only up to 24 hours of the holiday (in this case, 4 hours) - from 20:00 to 24 :00 holiday.

What about the holidays?

Official non-working days adopted within the country are also not always days off for sliding-scale workers.

Art. 113 of the Labor Code of the Russian Federation prohibits assigning work on these days, however, there are exceptions to this law:

inability to suspend work due to production needs;
work related to serving people, provided for in the relevant list (for example, transport employees, doctors, emergency responders, etc.);
signature of the employee himself, indicating his consent (taking into account the opinion of the trade union).

If for an employee with a flexible schedule the working day falls on a public holiday, it will have to be worked. But the status of a holiday cannot be canceled, so it must be paid at a double rate or provided with an additional day off on some other day (by agreement).

Question: Employees have a working week with days off on a staggered schedule. Is it necessary to issue a separate order on increased payment for work on holidays to those employees who have working days on these days? View answer

Employees with benefits

On holidays, if they happen to be working, employees with special statuses have the right to refuse to work:

disabled people;
mothers of children under three years of age.

For them, it is better to plan their work hours so that they do not have to work on official holidays. But if for some reason it is difficult, and they themselves do not mind going on a work shift on such a day, this is possible, if it is not contraindicated for them for health reasons. In this case, the authorities must obtain their signature on the document indicating that they are aware of their right of refusal.

ATTENTION! An additional order, which is usually issued to attract employees to work on holidays, is not necessary in this case: its role is performed by a signed agreement on a sliding schedule or its establishment under an employment contract.

Results

Shift work refers to working under flexible working hours. Labor legislation regulates the specifics of its organization, accounting and payment.

The employer needs to correctly calculate the duration of work shifts and rest breaks, draw up a shift schedule, promptly familiarize employees with it, record the time actually worked by employees, and then correctly calculate wages taking into account the peculiarities of shift work.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

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Build function

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Benefits of online charting

Visual display of entered functions
Building very complex graphs
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The ability to save charts and receive a link to them, which becomes available to everyone on the Internet
Control of scale, line color
Possibility of plotting graphs by points, using constants
Plotting several function graphs simultaneously
Plotting in polar coordinates (use r and θ(\theta) )

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How does a graphing calculator work for graphing functions?

The online service works very simply. The function (i.e. the equation itself, the graph of which needs to be plotted) is entered into the field at the very top. Immediately after entering, the application instantly draws a graph in the area below this field. Everything happens without refreshing the page. Next, you can make various color settings, as well as hide/show some elements of the function graph. After this, the finished chart can be downloaded by clicking on the appropriate button at the very bottom of the application. The drawing will be downloaded to your computer in .png format, which you can print or transfer to a paper notebook.

Main differences in concepts

Schedule	Operating mode
Document	Procedure
Plan	Conditions
Well defined	May be irregular
The sequence of actions is clearly indicated	The sequence of actions is not specified
Accurately allocates time to complete specific tasks	Assumes general operating time, without much differentiation
Can be individual	Required for everyone

What features does the graph builder support?

Absolutely all mathematical functions that may be useful when plotting are supported. It is important to emphasize here that, in contrast to the classical language of mathematics adopted in schools and universities, the degree sign within the application is indicated by the international sign “^”. This is due to the lack of the ability to write a degree in the usual format on a computer keyboard. Below is a table with a complete list of supported features.

The application supports the following functions:

Trigonometric functions
Sinus	Cosine	Tangent	Secant	Cosecant	Cotangent	arcsine	arc cosine	Arctangent	Arcsecant	Arccosecant	Arccotangent
sin(x)	cos(x)	tan(x)	sec(x)	csc(x)	cot(x)	asin(x)	acos(x)	atan(x)	asec(x)	acsc(x)	acot(x)
Hyperbolic functions
sinh(x)	cosh(x)	tanh(x)	sech(x)	csch(x)	coth(x)	asinh(x)	acosh(x)	atanh(x)	asech(x)	acsch(x)	acoth(x)
Other
Natural logarithm		Logarithm		Square root		Module		Round down		Round up
ln(x)		log(x)		sqrt(x)		abs(x)		floor(x)		ceil(x)
Minimum						Maximum
min(expression1,expression2,…)						max(expression1,expression2,…)

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To plot a function online, you just need to enter your function in a special field and click somewhere outside it. After this, the graph of the entered function will be drawn automatically. Let's say you want to build a classic graph of the "x squared" function. Accordingly, you need to enter “x^2” in the field.

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Why do you need to graph a function?

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What does a shift work schedule mean according to the Labor Code of the Russian Federation (nuances)?