Employment contract with a shift work schedule - sample. Employment contract for shift work Shift work agreement 4 through 2

Labor contract with shift work schedule slightly different from the classic sample of an employment contract with an employee. The company needs to take into account some of the nuances and prescribe them in the agreement so that in the future there will be no disputes and disagreements between the parties.

Employment contract: shift, its features and key principles

Shift work implies that the length of the working day of one employee meets all standards. Especially it concerns manufacturing enterprises from harmful conditions where it is necessary to ensure the smooth operation of the equipment. Employment contract is changeable must certainly contain a work-rest regime, which fixes the “size” of the shift and the number of shifts per month. However, it is pointless to prescribe absolutely all the details. You can use as an application to employment contract shift schedule with which the applicant must first familiarize himself. The document contains the following data:

Number of shifts;

Working hours in each shift;

Breaks for rest and meals for employees;

Weekly and inter-shift rest.

Employment contract 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 the conclusion of the agreement, emphasize the duties of the subordinate, depending on the field of activity.

You also need to specify the duration of the contract. Of course, when designating the exact expiration date of the document - fixed-term contract, you need to writing justify the reasons why you hire a temporary worker (for example, in connection with maternity leave of a permanent employee or for seasonal work).

Employment contract, shift in which it is not fixed is unlikely to be recognized as valid. You must outline all the subtleties 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 more time than the allowable working hours for an employee;

2. If it is necessary to increase production volumes.

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 care, but also carefully plan the mode of work and rest, so as not to violate any legislative norms. Shift work contract, work schedule in which irregular, must contain information on the accrual of bonuses or bonuses for overtime work.

Employment contract: shift schedule and features of the transition to it

If you signed a document with your subordinates prior to the transition to shift work, then you do not need to sign employment contract, shift work may be included in an existing agreement in accordance with Art. 72, 74 of the Labor Code of the Russian Federation. Fix desired 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 on the introduction of a shift schedule;

Amend the Labor Regulations (Article 100 of the Labor Code of the Russian Federation).

The condition for the introduction of a shift schedule must be included in the TD on the basis of Art. 100 and Art. 57 of the Labor Code of the Russian Federation. The order can be drawn up in free form, the main thing is to indicate the positions for which the new regime will be applied.

Employment contract, shift work in which you want to fix should be composed taking into account several features:

1. It is customary to distinguish three shifts - day, night and evening. If more than 50% of the employee's working time falls on the period from 22:00 to 6:00, then this is night shift, and the previous one is considered evening;

2. Weekly rest for employees performing their duties based on an employment contract (shift schedule) must be at least 42 hours;

3. The legislator prohibits the work of 2 shifts in a row, between them there must be rest;

4. If the shift falls on the day preceding a public holiday, its duration must be reduced by 1 hour.

When hiring new employees for shift work or when transferring subordinates to new schedule, the employer needs to take into account the restrictions on certain categories of persons. For example, night shifts are prohibited for women who have children under 3 years old, disabled people, minors, persons who are guardians of disabled people.

On our site you can download employment contract (shift work), sample compiled by experienced lawyers and fully complies with the law. You can fill out the document in a few minutes, you just need to answer the questions in the left column. The received answers will be automatically distributed according to the contract, you will only have to download it, put down signatures and stamps. Evaluate all the benefits of our service!

Despite the fact that the duration of the shift can reach 10 or even 12 hours, this is not considered processing, therefore, in this case, the employee is not entitled to additional payments. No shift schedule overtime. All of these features and nuances are reflected in the employment contract. In some cases, companies prefer to draw up additional agreements in this regard. The legislative framework Features of the work schedule 2 2 and how to organize it - all this is indicated in the current labor legislation. At the same time, the right to regulate the schedules of employees and their formation remains with the management of the organization. It is important not to exceed the current labor standards - the employee must work no more than 167 hours per week, as with the standard duration working week at 40 o'clock. The duration of each shift is set by the management of the enterprise.

How to fill out an employment contract with a shift work schedule according to the model?

Attention

In a number of organizations, the workflow is continuous, which is associated with its specifics. The labor cycle cannot be stopped, otherwise it will entail financial losses and other Negative consequences. Due to physiology, workers cannot constantly work, so the only right decision is to break the schedule into shifts.

A shift work schedule is a schedule of work activity, according to which the working time of an employee of an enterprise falls on different days of the week. Shift work may be set by the employer if the duration production process above the norm in the organization daily work, which follows from Article 84 of the Labor Code of the Russian Federation. For information on how to correctly indicate in the employment contract the nuances associated with shift work, read the article.

… Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

How to set work schedule 2 through 2?

Therefore, everyone is always guided by the regulations Labor Code RF. Taking into account the labor code of the Russian Federation, specialists personnel service create a schedule for each month. Each graph has its own name. The prepared shift schedule is attached to the main employment contract as an attachment.

Reference! Prior to the introduction of the new schedule, personnel administration employees are required to familiarize each employee personally with it. At the same time, familiarization should be at least one month before the entry into force of the schedule. How to write in an agreement? In the clause of the employment contract " Work time and hours of rest "in the first paragraph, it is necessary to fix that the employee will perform his job duties in shifts.

Next, the document specifies the name of the schedule according to which the employee will work in the organization. Then the number of working hours per shift is fixed.

The concept of "shift schedule" in the employment contract

These include:

1. persons under the age of 18;
2. pregnant women.

By written consent disabled people and single mothers can work in the night shift. Also, in local acts, it is allowed to establish groups of employees who cannot work at night. What kind of enterprises need such a regime of work? In a number of areas of activity, due to the peculiarities labor process This system of work regime is most widespread:

• production organizations with a continuous cycle (large industrial enterprises, factories).

  Stopping working machines or other equipment is fraught with considerable material losses that will have to be incurred due to the need to restart the machines. Hundreds and even thousands of employees can work in such organizations at the same time.

• Service sector (24 hour shops, gas stations).

Employment contract with a shift work schedule

This takes into account the general norms of working time, and, if necessary, the norms for certain categories of employees (minors, employed in work with harmful working conditions, etc.). The schedule, as a rule, is drawn up immediately for the entire accounting period in such a way as to prevent overwork or shortcomings to the norm. Usually days off are provided in a row (part two of article 111 of the Labor Code of the Russian Federation).

But it is not mandatory requirement. The main thing is that the duration of the weekly uninterrupted rest is at least 42 hours (Article 110 of the Labor Code of the Russian Federation). The longer the accounting period the employer chooses, the more chances he will have to avoid violating the norms of work and rest. Fix the deadline for familiarizing employees with a rolling schedule in a local regulation or directly in employment contracts.

Duration of work in pre-holiday days decreases by one hour.

Schedule 2/2 - how is it? shift work

the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees; - immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property); - [other obligations provided for by the current labor legislation and other regulatory legal acts containing the norms labor law, collective agreement, local regulations]. back to index 3.1.

Labor contract

Often the equipment is not turned off for several years or even decades.

• Enterprises representing the service sector - restaurants and hotels, information and security services, as well as many catering establishments.
• Transport service. First of all, this applies to airports and train stations, where even a minute hitch is unacceptable.
• Many trade organizations - if some offer their services to customers around the clock, then others may be expected to have a longer working day.
This is far from complete list organizations where such a work schedule can be introduced. Moreover, you can switch to shift work at any time if the need arises.
Features of shift schedules To figure out how it is - a work schedule 2 2, you need to know all its features that relate to work processes.

Employment contract with a work schedule "two days after two"

Info

Groups of people for whom restrictions are indicated in the Labor Code There is a group of citizens for whom the Labor Code of the Russian Federation indicates restrictions on the number of hours in one shift, these include:

1. Drivers of vehicles (Article 329 of the Labor Code of the Russian Federation, part 2).
2. Persons with disabilities (their work shift is formed on the basis of the conclusion of a medical institution).
3. Citizens under the age of 18 (their work shift is formed in accordance with the norms of the Labor Code of the Russian Federation).

Reduction of hours In certain situations, working hours may be reduced. For example, the time of the night shift is automatically reduced by one hour. Similarly, the shift is reduced by one hour on holidays.

Shifts that follow one after the other without rest cannot be established and coordinated in the schedule. This is clearly explained by article 103 of the Labor Code of the Russian Federation. The legislation does not set the duration of rest between shifts.

Important

With a two-by-two schedule, duties in a certain period are performed by the same employee (group of employees) within one working day (sample below). The weekend falls on a different day of the week each time. That is, the employees are set a work schedule that provides for a working week with the provision of days off on a rolling schedule (part

first st. one hundred

TC RF). At the same time, the summarized accounting of working hours is entered. download sample Is it possible to set a five-day working week with rolling holidays? The director wants to give employees a regular 40-hour, five-day work week. But the weekend will be provided on different days according to the schedule. Is it possible to set this mode? Yes, it is possible to introduce a 40-hour work week with staggered days off.

How to draw up a contract for a work schedule two days in two

When scheduling, be sure to take these provisions into account. Night time: article 96 of the Labor Code calls the interval 22.00-6.00 night time. Night shift is called if at least half of it lies in this time period. Holidays: Additional pay for employees on holidays is not provided if their working hours fell on a holiday according to a predetermined schedule. An additional payment is made if the employee went to work on days (holidays) that are not assigned to his usual schedule. Reduction of working hours: in some cases, there is a reduction in working hours.
time. For example, night shift time is automatically reduced by 1 hour. On the eve of the holiday, there is a similar reduction in working hours by 1 hour. Two shifts: Article 103 of the Labor Code prohibits an employee from having 2 shifts in a row without rest.
Concept Often the specifics of the workflow dictates the need to introduce a system of shifts in the enterprise. The continuous cycle cannot be stopped, this can lead to extremely negative consequences and large material losses. But the capabilities of the worker are limited due to his physiology. In this regard, there are legislative prohibitions on exceeding the norm of working hours. From this it follows that the only way not to stop the process is to break it into component parts - shifts. The main governing article is Art. 103 of the Labor Code of the Russian Federation.
According to her, the workflow cycle can be divided into two/three/four parts. The simplest option is a two-shift system. For example - day / night shifts, each for 12 hours. The schedule is drawn up in the form of one of the appendices of the collective agreement.
What to put in the report card with the “day after three” schedule? Our security guards work every other day, that is, they are at work 24 hours: from 7 am one day to 7 am the next day. What to put in the time sheet - 24 or 23 hours? How to code correctly night work in the table? When working on a 3-day schedule, work hours may be 24 hours or less. It all depends on whether the employer has the opportunity to provide the employee with a break for rest and food.

If there is lunch, then it is not included in working hours, in which case the working day will be less than 24 hours (part one, article 108 of the Labor Code of the Russian Federation). Depending on the duration of the break, the working day can be from 22 to 23.5 hours. During daily work, the break, as a rule, is two hours (an hour in the first and second half of the shift).

Day shift work is acceptable for all workers. However, there are categories of persons who labor activity at night is strictly prohibited.

These include:

Persons with disabilities and single mothers may work the night shift by written consent.

Also, in local acts, it is allowed to establish groups of employees who cannot work at night.

What kind of enterprises need such a regime of work?

In a number of areas of activity, due to the peculiarities of the labor process, this system of labor regime is most widespread:

• production organizations with a continuous cycle (large industrial enterprises, factories). Stopping working machines or other equipment is fraught with considerable material losses that will have to be incurred due to the need to restart the machines.

  Hundreds and even thousands of employees can work in such organizations at the same time.

• Service sector (24 hour shops, gas stations). Shift work is a common occurrence in this area. Companies introduce such a mode of work so as not to lose revenue from potential customers in places where there is demand both day and night.
• Emergency services (fire, rescue, ambulance, police). From them continuous work the lives of many people depend.
• Transport ( Railway, airports). People drive and fly around the clock, so transport workers cannot take a day off at the same time.

What should an employer consider when scheduling?

The introduction of a replaceable system at an enterprise implies its competent formation, which does not conflict with current legislation.

According to part 3 of Art. 111 of the Labor Code of Russia in shift mode, standard days off Saturday, Sunday, as well as holidays can be working days.

Labor Code of the Russian Federation, Article 111. Days off

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the internal labor regulations.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When compiling a shift work schedule, it is considered general accounting working time.

This system is used if the duration of the work of employees does not coincide with the standard norm of 40 hours per week (part 1 of article 91 of the Labor Code of the Russian Federation).

In most cases, the duration of the working day with a shift schedule is 12 hours. But there are exceptions.

There is no specific definition in the laws of how many hours a shift can last. However, it is worth focusing on the basic norms of the labor legislation of the Russian Federation.

1. Firstly, the shift cannot exceed 24 hours - even the most hardy person, due to his abilities, is not able to work longer.
2. Secondly, any employee is guaranteed the right to rest, which follows from Art. 110 of the Labor Code of the Russian Federation.

   Labor Code of the Russian Federation, Article 110. Duration of weekly uninterrupted rest

   The duration of the weekly uninterrupted rest cannot be less than 42 hours.

3. Thirdly Night shifts are paid higher than day shifts. Night time is the period from 22:00 to 6:00 ().

For some groups of people there are restrictions on the number of hours in one shift.

These include:

• minors (the number of working hours is specified in the Labor Code);
• disabled people (time is set on the basis of a medical report);
• car drivers (this is indicated by part 2 of the Labor Code of Russia on the basis of section 2 of the Regulations by order of the Ministry of Transport of the Russian Federation No. 15 of August 20, 2008).

Concerning public holidays, then employees must go to work according to their own schedule, since red calendar dates are not transferred to non-working days.

This provision follows from paragraph 2 of clause 2 of the Procedure, approved by order of the Ministry of Health and Social Development of the Russian Federation No. 588n dated August 13, 2009.

Employees work according to their own schedule, but they are entitled to additional payment, which follows from Art. 153 of the Labor Code of Russia. The amount of "cash incentive" is a single hourly or daily rate in excess of salary.

In the case of processing (that is, exceeding the norm of working hours), the employee is entitled to triple wages, that is additional payment double the salary.

Some circumstances suggest a reduction in working time by 1 hour while maintaining payment for a full shift:

The legislation does not specify the specific duration of rest between shifts.

But you should focus on the basic provision - which states that the duration of continuous rest per week should be at least 42 hours.

The shift schedule is drawn up by employees of the personnel department on the basis of the provisions of the Labor Code.

The schedule of the system of work and rest is attached to the employment contract.

The full schedule indicates the length of the working day, the rotation order, as well as the time and number of breaks.

Changes in working hours must be notified to staff 30 days in advance. calendar days before its entry into force.

How to reflect this in the employment contract? Sample document

From here you will learn how to correctly fill out an employment contract with a shift work schedule according to the model.

An employment contract with an employee who will work in shifts has its own design nuances (we will tell you how to write them correctly):

1. the section on working time and rest should contain information that the employee is working in shifts.
2. The duration of the shift is specified in hours, the type of accounting for work time is monthly, weekly, or quarterly.

Other items are drawn up according to the standard scheme - salary, vacation conditions, mutual responsibility of the employee and employer, etc.

Design example: an employee works on a shift schedule according to the “ Production activity».

The schedule under the name "Production activity" must be attached to the contract, and the person must be familiarized with it. The most common shift mode is work 2 through 2. This alternation of work and rest is quite convenient for workers.

The employee has 2 days - workers in the day shift. The beginning of the working day - 9:00, completion - 21:00. Then there are 2 days off, and he is replaced by a colleague who is a shift worker. The shift schedule is being developed in personnel department based on the goals and needs of the organization.

When developing a shift schedule, the main factor is the company's need for continuous implementation of the work cycle, which is divided into time intervals. Then a further work plan is drawn up.

The conclusion of an employment contract in shift work generally follows the same principles as in the normal mode. However, the points concerning the schedule should be covered in detail. When drawing up a document and drawing up a shift schedule, you should be guided by the current labor legislation and not go beyond it.

Duration of the weekly uninterrupted rest The duration of the weekly uninterrupted rest cannot be less than 42 hours.

• Thirdly, night shifts are paid higher than day shifts. Night time is the period from 22:00 to 06:00 (Article 96 of the Labor Code).
For some groups of people there are restrictions on the number of hours in one shift. These include:

• minors (the number of working hours is specified in the Labor Code);
• disabled people (time is set on the basis of a medical report);
• car drivers (this is evidenced by article 329 part 2 of the Labor Code of Russia on the basis of section 2 of the Regulations by order of the Ministry of Transport of the Russian Federation No. 15 of August 20, 2008).

As for holidays, employees must go to work according to their own schedule, since red calendar dates are not transferred to non-working days.

Employment contract with a shift work schedule

The work under this contract is the main / part-time job for the Employee. 1.3. The place of work of the Employee is located at: . 1.4. The work of the Employee under this contract is carried out under normal conditions.

Labor obligations of the Employee are not related to the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special conditions labor. 1.5. The employee reports directly. 2. TERM OF THE AGREEMENT 2.1. This employment contract is concluded without limitation of validity.
Date of commencement of work: » » Option: this employment contract is concluded for a period from » » to » », grounds: . Date of commencement of work: » » 2.2. The employee is set probation duration () months from the start date of work.

How to fill out an employment contract with a shift work schedule according to the model?

Attention

Working hours for the Employee are 48 hours per week in shift work in accordance with the shift schedule approved by the Employer: in two (three, four) shifts. 4.2. The duration of the shift is hours. 1st shift: start - hours minutes; ending - hours minutes; 2nd shift: start - hours minutes; ending - hours minutes; 3rd shift: start - hours minutes; ending - hours minutes; 4th shift: start - hours minutes; ending - hours minutes. 4.3. During the working day, the Employee is given a break for rest and meals, which is not included in the working time.

4.4. The employee is granted an annual paid leave of 1 calendar days, consisting of the main 28 calendar days; additional calendar days.

Employment contract with shift work schedule

The employee is granted annual additional paid leave lasting [value] calendar days [indicate the reason for granting additional leave]. 4.6. For family reasons and others good reasons The Employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the Employee and the Employer. back to index 5.1. The employee is paid a salary of [amount in figures and words] rubles.
5.2. Additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and allowances of a stimulating nature and bonus systems, are established by a collective agreement, agreements, local regulations and other regulatory legal acts containing labor law norms. 5.3.

The concept of "shift schedule" in the employment contract

The right to use the leave for the first year of work arises for the Employee after six months of his continuous work for this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Vacation for the second and subsequent years work can be provided at any time of the working year in accordance with the vacation schedule.
4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by labor legislation Russian Federation and the Internal Labor Regulations of the Employer. 5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE 5.1. The employee is obliged: 5.1.1. Conscientiously perform the following duties: - .
5.1.2.

Employment contract (shift work schedule)

Info

Characteristic areas Due to the specifics of the workflow, in some areas of activity, this system is most common. Let's list them:

1. Production with a continuous cycle - factories, large industrial facilities. Stopping the conveyor (and other complex installations) entails huge losses associated with the cost of restarting it.

Therefore, industrial enterprises are characterized by a shift mode of operation. At the same time, thousands of workers can work according to this scheme.

Emergency services - ambulance, police, rescue services. The lives of people directly depend on their uninterrupted work.

Private sector/service sector - gas stations, convenience stores.
For the service sector, shifts are a characteristic phenomenon.

Option: The employee begins to perform his duties without a probationary period. 3. CONDITIONS OF PAYMENT OF THE EMPLOYEE 3.1. The employee is set a wage rate in the amount of () rubles. 3.2. The following financial incentive measures are provided for the Employee: 3.2.1.

Surcharges. 3.2.2. Allowances. 3.2.3. Prizes. 3.2.4. Others. 3.3. Wages are paid to the employee in cash Money at the Employer's cash desk (option: by non-cash transfer to the Employee's bank account) within the time limits established by the Internal Labor Regulations. 3.4. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME 4.1.

Employment contract 2

The opinions of employees are also taken into account - the procedure is regulated by article 372 of the Labor Code. Restrictions There are certain categories of persons who are strictly prohibited from working on night shifts. Persons under the age of majority and pregnant women cannot work the night shift.

Local acts may additionally establish groups of workers who are prohibited from night shifts. Persons with disabilities, single mothers and some other groups may only work on such a schedule with specific written consent. In hazardous industries, the maximum duration cannot exceed 8 hours, and the total working time per week - 36 hours.

Detailed information on the employment of adolescents, pregnant women and disabled people can be found in the following articles: “Peculiarities of hiring minors”, “Procedure for hiring pregnant women”, “Peculiarities of hiring disabled people”.
EMPLOYMENT CONTRACT (shift work schedule) d. » » d., hereinafter referred to as the "Employer", in the person acting on the basis of, on the one hand, and, hereinafter referred to as the "Employee", on the other hand, have concluded this agreement on the following : 1. SUBJECT OF THE AGREEMENT 1.1. The Employer undertakes to provide the Employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this employment contract, to pay the Employee on time and in full wages, and the Employee undertakes to personally perform the labor function determined by this employment contract, to comply with the Internal Labor Regulations in force at the Employer. 1.2. The employee is accepted into the position.

Seller employment contract with shift work 2 through 2 sample

Comply with the Internal Labor Regulations and other local regulations of the Employer. 5.1.3. Observe labor discipline. 5.1.4. Comply with labor protection and labor safety requirements. 5.1.5. Take care of the property of the Employer and other employees. 5.1.6.

Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer. 5.1.7. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management. 5.1.8. Do not disclose information constituting a trade secret of the Employer.

5.2. The employee has the right to: 5.2.1. Protecting your professional honor and dignity. 5.2.2. Other rights established by the current legislation of the Russian Federation. 6.
The work under this contract is the main / part-time job for the Employee. 1.3. The place of work of the Employee is located at: . 1.4. The work of the Employee under this contract is carried out under normal conditions.

Labor obligations of the Employee are not related to the performance of hard work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions. 1.5. The employee reports directly. 2. TERM OF THE AGREEMENT 2.1. This employment contract is concluded without limitation of validity.

Date of commencement of work: » » Option: this employment contract is concluded for a period from » » to » », grounds: . Date of commencement of work: » » 2.2. The employee is set a probation period lasting () a month from the date of commencement of work.

RIGHTS AND OBLIGATIONS OF THE EMPLOYER 6.1. The employer is obliged: 6.1.1. Comply with laws and other regulations legal acts, local regulations, the terms of this agreement. 6.1.2. Provide the Employee with the work stipulated by this agreement.

6.1.3. Provide the Employee with premises, equipment, technical documentation and other means necessary for the performance of their labor duties. 6.1.4. Pay in full the wages due to the Employee within the time limits established by the Internal Labor Regulations. 6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties. 6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws. 6.1.7. Perform other duties established by the current legislation of the Russian Federation. 6.2. The employer has the right: 6.2.1.

When applying for a job, an employment contract is concluded between the employee and the employer. The conclusion of the contract is laid down in labor legislation, because it regulates labor Relations that arise between the parties. An employment contract helps to sort out unpleasant situations that may arise in the future, because it fixes the main points of work that an employee or employer can refer to.

Employment contract and its structure

An employment contract is an agreement between an employee and an employer, concluded in writing and signed by both parties. An employment contract reflects the working conditions that are provided for by labor legislation and labor functions. Each contract has essential conditions that must be included in the contract. The essential terms of the contract are the conditions, if not included in the contract, it will be considered invalid. Therefore, the employment contract also has its own mandatory conditions that must be included. It is also possible to include in the employment contract optional conditions that comply with labor legislation and do not worsen the position of the employee.

Mandatory conditions on the basis of Art. 57 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) are:

• Place of work (The Labor Code does not contain the concept of “place of work”), however, the place of work means a specific organization, representative office, branch or separate subdivision located in a certain area.
• Labor function (here the job responsibilities of the employee, his profession, qualification, if any) are indicated. The labor function includes exactly those requirements that can be fixed in information guides and professional standards.
• Start date (Date is prerequisite, it reflects when the employee has job duties. Also, a fixed-term employment contract is concluded with the employee, then it indicates the period of validity and the circumstances that led to the conclusion of such an agreement. If the term of the contract is not indicated in the fixed-term employment contract, then the contract will be considered concluded for an indefinite period).
• Conditions of remuneration (Here indicate the amount of the official salary or the amount tariff rate, it can also be discussed about allowances, bonuses and additional payments for certain working conditions).
• Mode of working time and rest time (Working time must be indicated necessarily, they can indicate the duration of the working week, as well as the length of the working day).
• Guarantees and compensations for work with harmful and (or) dangerous working conditions.
• Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).
• Working conditions in the workplace.

Working hours

The working time regime is a time sheet of an employee in an organization indicating the duration of working hours.

The working hours are usually set by the internal labor regulations of the company and the employment contract. Also, by agreement of the parties, if necessary, any employee can establish a different mode of operation on the basis of documents, for example, Order of the Ministry of Finance of Russia dated 02.04.2003 N 29n;

Working hours can be divided into four types:

• Irregular working hours
• Work in flexible working hours
• Shift work
• Dividing the working day into parts

What is shift work?

Shift work, in accordance with Art. 103 of the Labor Code of the Russian Federation is work in which 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. Work can be two-shift, three-shift, and so on. Most often, a shift work schedule is set at a bakery, hospital, and transport sector. A feature for an employee with a shift schedule should be spelled out in the employment contract.

During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule.

Based on Art. 103 of the Labor Code of the Russian Federation, shift schedules are drawn up for a group of employees, which reflect the working hours of each employee. Performance official duties an employee in two shifts in a row is prohibited (clause 5, article 103 of the Labor Code of the Russian Federation).

The most varied is the two-shift work. Two-shift work is usually subdivided into night and day shifts, for example:

Morning shift - from 06.00 to 18.00

Night shift - from 18.00 to 06.00, and "night shift" must be clearly stated in the employment contract. An employee can be assigned one shift per day and another at night, alternating among themselves, all these conditions must be spelled out in the employment contract.

Two shift work usually the length of the working day is 12 hours, however, it can be exceeded or, on the contrary, reduced, in accordance with the rules of the internal labor schedule.

The schedule establishes a direct order of alternation of workers in shifts, and the schedule should also reflect rest, at least 42 hours weekly. Employees must be familiarized with the shift work schedule at least a month in advance. The schedule is approved by the relevant head of the organization, and signed personally by him. Employees also, after familiarization, sign with familiarization of the work schedule.

When changing the schedule or accounting for shift work, employees must be notified by the employer at least two months before the relevant changes. Upon familiarization with the new work schedule and the consent of the employee, the employer concludes with him an additional agreement to the contract, duly executed. Additional agreement signed on both sides, in two copies, one copy for each side.

Payment for night and holidays with a shift schedule

From the foregoing, we can see that the shift work schedule can be completely different, so often employees with a shift schedule work on weekends, as well as on holidays.

Based on Art. 153 of the Labor Code of the Russian Federation, a shift on a non-working holiday is always paid double. A working day that falls on a public holiday is also included in the working hours. An employee who worked on a holiday cannot then take a day off for that day, since his working days are distributed in accordance with the schedule.

Also, if an employee works on a day that is scheduled for him as a day off, but he married someone, then his shift must be paid in a single amount as a regular shift, provided that the employee took a day off for that day when he worked on your day off.

If the employee worked on his day off and did not take a day off, then the shift must be paid in double the amount.

As for working at night, an additional payment is also due for it, even if the employee was initially hired with a shift schedule. The amount of additional payment for night work may be established by a collective agreement or other normative acts. The additional payment cannot be less than 20% of the hourly tariff rate (or of the salary), depending on the established wages of the employee. The number of hours worked at night must be entered on the time sheet.

Question: Is it possible to establish that an employee with a two-by-two shift schedule (12-hour day shifts) replaces a temporarily absent employee on his days off between shifts?

Answer: In Art. 107 of the Labor Code of the Russian Federation indicates the types of rest time, including daily (inter-shift) rest and weekends (weekly continuous rest). The duration of a weekly uninterrupted rest cannot be less than 42 hours (Article 110 of the Labor Code of the Russian Federation). According to paragraph 10.24 of SP 2.2.2.1327-03, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation of May 26, 2003 N 100, the duration of daily rest between shifts should be twice the duration of work. Lesser rest (but not less than 8 hours) is allowed only when emergency(emergency work).

Thus, an employee with a two-by-two shift schedule (12-hour day shifts) must rest 24 hours between shifts.

The employer cannot establish for an employee with a “two in two” shift schedule (day shifts of 12 hours) a replacement for a temporarily absent employee on his days off between shifts.