How to write a shift schedule in the work schedule. Main features of the working time regime in an employment contract
Employment contract with shift work schedule differs slightly from the classic sample employment contract with an employee. The company needs to take into account some nuances and write them down in the agreement so that in the future no disputes or disagreements arise between the parties.
Employment contract: shift, its features and key principles
Shift work implies that the working day of one employee meets all standards. This is especially true for manufacturing enterprises with hazardous working conditions, where it is necessary to ensure uninterrupted operation of equipment. The employment contract is replaceable must certainly contain a work-rest schedule, which fixes the “size” of the shift and the number of shifts per month. However, it is pointless to describe absolutely all the details. You can use it as an application to employment contract shift schedule, which the applicant must first familiarize himself with. The document contains the following data:
Number of shifts;
Duration of working hours in each shift;
Breaks for rest and meals for employees;
Weekly and inter-shift rest.
Employment contract for shift work: sample filling
The employer needs to indicate the full name of the employee and the name of the enterprise/employer, indicate the date and place of conclusion of the agreement, and emphasize the job responsibilities of the subordinate depending on the field of activity.
You also need to indicate the duration of the contract. Of course, when denoting exact date expiration of the document - fixed-term contract, you need to justify in writing the reasons why you are hiring a temporary worker (for example, in connection with maternity leave permanent employee or to perform seasonal work).
Employment contract, shift in which it is not recorded is unlikely to be recognized as valid. You must outline all the details in writing.
According to Art. 103 of the Labor Code of the Russian Federation, the employer has the right to introduce a shift schedule in several cases:
1. If the production process takes longer than the permissible working day for an employee;
2. If an increase in production volumes is necessary.
In this case, the employer needs to indicate not only the reason, for example, that it is necessary to provide round-the-clock security of the facility or provide medical assistance, but also carefully plan the work and rest schedule so as not to violate any legal norms. Shift employment contract, work schedule in which it is not standardized, must contain information about the accrual of bonuses or bonuses for overtime work.
Employment contract: shift schedule and features of transition to it
If you signed a document with your subordinates before making the transition to a shift work schedule, then you do not need to sign employment contract, shift work may be included in an existing agreement in accordance with Art. 72, 74 Labor Code of the Russian Federation. Record the necessary changes and coordinate them with employees.
In addition to making changes to employment contracts, the employer needs to perform a number of actions:
Issue an order to introduce a shift schedule;
Make changes to the Labor Regulations (Article 100 of the Labor Code of the Russian Federation).
The condition for introducing a shift schedule must be included in the TD on the basis of Art. 100 and art. 57 Labor Code of the Russian Federation. The order can be drawn up in free form, the main thing is to indicate the positions to which the new regime will be applied.
Employment contract, shift work schedule in which you want to record must be compiled taking into account several features:
1. It is customary to distinguish three shifts - day, night and evening. If more than 50% of an employee’s working time occurs from 22:00 to 6:00, then this is a night shift, and the one preceding it is considered an evening shift;
2. The weekly rest of employees performing their duties based on an employment contract (shift schedule) must be at least 42 hours;
3. The legislator prohibits working 2 shifts in a row; there must be rest between them;
4. If a shift falls on the day before a public holiday, its duration should be reduced by 1 hour.
When hiring new employees for shift work or when transferring subordinates to a new schedule, the employer needs to take into account restrictions regarding certain categories of persons. For example, night shifts are prohibited for women who have children under 3 years of age, disabled people, minors, and persons who are guardians of disabled people.
On our website you can download employment contract (shift work), sample compiled by experienced lawyers and fully complies with legal requirements. You can fill out the document in a few minutes; you just need to answer the questions in the left column. The responses received will be automatically distributed according to the contract; all you have to do is download it, sign and seal it. Enjoy all the benefits of our service!
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- Themes:
- Employment contract
Question
If the organization staffing table There are positions for which a shift work schedule is provided (2/2: day/day, night/night), then how correctly and exhaustively it should be described in employment contract chapter " work time and rest time"?
Answer
In accordance with Article 103 of the Labor Code of the Russian Federation, shift work is work in two, three or four shifts, introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of output or services provided.
When applying shift work in an organization, this circumstance must be enshrined in the local regulatory act of the organization and in the employment contract with the employee, if his work schedule differs from that generally accepted by this employer.
Therefore, the employment contract must indicate:
"5. Working time and rest time
5.1. The employee is assigned a shift work schedule in accordance with the shift schedule approved by the Employer.
5.2. The shift duration is 12 hours.
1st shift (day): start - 08:00; end - 20:00;
2nd shift (night): start - 20:00; end - 08 hours 00 minutes;
5.3. During the working day, the Employee is given a break for rest and food lasting 1 hour, which is not included in working hours. The time for providing a break is determined by the shift schedule.”
Details in the System materials:
Answer: How to create a template employment contract for an organization
Section “Working time and rest time”
In the section of the employment contract “Working time and rest time”, indicate the start and end time of the working day, and lunch break. If the employee’s working mode differs from the established mode in the organization, then be sure to indicate this condition (). For example, special operating modes in an organization may be or.
In this section, include conditions on the duration of annual paid leave and the provision of additional paid leave. For example, if an employee has an irregular working day, then he is entitled to additional paid leave of at least three calendar days (, Labor Code of the Russian Federation).
Ivan Shklovets,
Deputy Head Federal service on labor and employment
Answer: How to organize shift work
Reasons for introducing shift work
Order on transition to shift work
Issue an order to switch to shift work. In it, indicate the positions for which shift work is established, the timing and procedure for introducing shift work.
Shift work condition in a local document
When reflecting the conditions for shift work in or, indicate:
length of the working week;
duration of daily shift, including part-time shift;
start and end times of work;
time of breaks from work;
number of shifts per day;
alternating working and non-working days.
the work shift immediately preceding the non-work shift holiday, decreases by one hour ();
The night shift is reduced by one hour without further work ();
working two shifts in a row is prohibited ();
weekly continuous rest should not be less than 42 hours ().
There is no standard form for the shift schedule. Therefore, the organization has the right to draw up such a document in. The shift schedule can be designed as an attachment to the local normative act, establishing the shift nature of work (collective agreement, labor regulations, etc.), or approved as a separate document by order of the head of the organization.
Editor's tip: for the convenience of drawing up a shift schedule, use the unified form provided for recording working hours ( ). For this purpose, columns 1-6 can be used in the specified form.
The employer must communicate the approved shift schedule to each employee no later than one month before it comes into effect ().
The shift schedule is a mandatory document for the parties to the employment contract, therefore the organization does not have the right to engage an employee to work outside the schedule, with the exception of some cases of involvement in overtime work (Article , Labor Code of the Russian Federation).
Attention: draw up the shift schedule so that the employee’s working hours do not exceed the normal number of hours for this category of persons for the accounting period. Therefore, overtime work cannot be included in the shift schedule. Determine the hours worked overtime by the employee based on the working time sheet (using the forms , or ). It should be taken into account that overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year (Part, Article 99 of the Labor Code of the Russian Federation).
Working time tracking during shift work
As a rule, shift work is introduced together with the summarized recording of working hours. It applies if the duration of work of employees deviates from the established norm of 40 hours per week ().
Shift duration
The maximum duration of a work shift is not established by law (). An exception to this rule are certain categories of employees for whom working time during a shift is limited. These include, in particular:
disabled people (the duration of the work shift is established in accordance with a medical report);
car drivers ( , Regulations approved
