The shift work method - what is it? Labor Code, Regulations on the shift work method in Russia

Work on the watch is especially popular in Russia. Entire sectors of the economy function, largely relying on this format of labor relations. The shift work method - what is it? What are the features of its legislative regulation? Do vocational workers have certain preferences in the aspect of exercising their labor rights?

What is work on the watch?

The shift work method implies the exercise of labor functions by a person outside his / her permanent residence. As a rule, on a periodic (seasonal) basis. Traditionally, the shift work method is characteristic for such areas as oil and gas production, logging, development of precious metal deposits, and fishing. The implementation of labor functions in this format is regulated by separate provisions of the LC RF.

Attractive salary

One of the reasons that led to the popularity of work on a rotational basis is a high salary. In some cases, it exceeds the average for the same position in the city of permanent residence of the shift worker several times. Especially if this work is shift work in the North, in difficult climatic conditions. In many cases, a "salary", the size of which is already quite impressive, adds "polar" and other kinds of allowances. As a result, the earnings become even greater.

Note that work on the watch is not always connected with a trip to the North. For example, in this format, many labor contracts were concluded during the preparation of the Sochi Olympics. In the place where many people go to thoroughly spend, and not earn. Of course, exciting trips are possible to other interesting places in Russia.

Working conditions

Is it easy to get a job as a shift worker? There is an opinion that it is not. Still, wages, despite difficult working conditions, are the factor that causes considerable competition for shift workplaces. Most companies employing people in this format, put rather strict criteria for candidates. Health is checked, conversations are conducted with the person for his real readiness to work in the expected conditions.

It is known, for example, that in the subpolar zones there is a much smaller percentage of oxygen in the air than, say, in the middle band. A person should understand, choosing the shift work method, what it is. And objectively assess their capabilities in terms of compliance with this format of work.

Accommodation

It is assumed that the shift work method implies complex conditions not only in terms of climate, but also of living. All, however, depends on the criteria by which to assess the comfort of life. As a rule, shift workers have at least some small but quite well-developed resources for living. Modern modular structures allow the employer company to quickly build a house with an acceptable infrastructure: running water, electricity, heating. In the structure of living quarters for shift workers, as a rule, there are dining rooms, rooms for leisure, the opportunity to go online. The law requires the employer company to ensure a reduction in the time it takes to travel employees from the place of residence to the facility where work is supposed to be done.

In this case, the shift housing complex before commissioning it into practical operation is checked by a special commission. It consists of representatives of the company-employer, officials of the municipality, in whose territory the watch will function, in some cases - employees of the trade union, specialists of various public services. Upon verification, an act is submitted on the acceptance of the complex into operation. In the shift camp, it is assumed that not only employees who will perform targeted labor functions will live, but also staff. At the same time, as soon as the season of work is completed (the facilities are erected), everything should leave the housing complex. A variant is possible in which work by the shift method with accommodation is organized without erecting a separate complex. The company-employer in this case places people in hotels or corporate apartments.

Types of watches

There are two main options for organizing work on the watch. First, it is an intra-regional format. He assumes that the duration of the work on the watch is quite small, about a week, and the object on which the work is done is relatively close (in the same region), where the city of permanent residence of employees. Secondly, it is an interregional watch, sometimes called an expeditionary one. The duration of work here, as a rule, is much greater, as well as the distance from the cities of residence.

The difference between the watch and the business trip

There is an erroneous opinion that a watch is a kind of business trip. This is not true. The fact is that the person who is sent by the employer on a business trip, carries out an official assignment.

In this case, payment is, as a rule, within the current salary and allowances. In turn, the rotational method of work organization implies that a person leaves for a remote site in order to fulfill a separate function of a labor character rather than an instruction. In the second case, a separate contract is often concluded, in which the salary and other working conditions are fixed. When traveling, as a rule, there is no change in the already signed labor contract.

Laws

Actually, on the legal regulation. As we have said above, the main source that ranks the shift work method is the Labor Code. It contains sections that contain special formulations adapted to this format of employment. Let's study them. There is an opinion that the shift work method in Russia in many respects has become popular not only because of high wages, but also because of the provisions of labor legislation, which are loyal to hired employees. Is it really? The shift work method - what is this from the point of view of the main sources of law?

The norms in question are mainly outlined in the 47th article of the LC RF. The first thing there outlines the general provisions relating to the regulation of work on a rotational basis. It is given, in particular, the definition of such a format of work. According to the legislator, the shift method is a specific type of implementation of the labor process, provided that the place of work does not coincide with the city of residence of employees, and moreover, their return there on a daily basis can not be ensured. This method of employment is used by companies, if to follow the wording of the TC, in order to optimize the timing of necessary work, such as construction, reconstruction or repair in areas characterized by special natural conditions. It is also possible that the shift work method is a way of reducing the corresponding costs when the enterprise performs production activities.

Labor regime

The regime of work within the framework of the watch, as noted in a number of comments to the TC, may differ significantly from the standards prescribed in the Code. Among lawyers there is an opinion that the rights of people working in the framework of the format in question are sufficiently protected, and especially in the aspect of the organization of the regime. Is it really? The shift work method - what is this: constant hard work or competently balanced mode of people's fulfillment of their duties?

As a rule, working hours are taken into account through summation of hours, and the main rest is supposed after the return of shift workers to their home. The place of work is recognized as an object where people exercise their direct labor functions. At the same time, if you need a periodic move from place to place due to a change in the specific location of the task sites, this is not considered a transfer of an employee from one organization to another, and does not require the written consent of hired workers. For example, shift work in the North often involves moving labor collectives between different fields, or, if this is road construction, movement along the direction of the constructed highway.

Schedule

The schedule of work is one of the most important local documents that regulate the exercise of labor functions by shift workers within the limits of being on site. Therefore, by approving it, the employer must agree the provisions of this source with the opinion of hired employees (usually in the person of a trade union organization representing people). The main document, in which the schedule is documented, is the Regulation on the shift work method, which has the status of a local normative legal act.

What are the main criteria that the employer company should follow in accordance with the law, drawing up the document in question? The RF TC instructs that the total length of working time for the period of stay of people on watch does not exceed the standard number of hours provided for by the Code. The maximum duration of one shift can be 12 hours. The number of days off can not be less than the number of weeks in a month. It is permissible, however, that the corresponding rest days will be given unevenly - the main thing is that their number satisfies the main criterion.

The schedules of work on the watch can be drawn up for the whole team of employees, and individually. The second option is possible, for example, in cases when a person who ends his labor functions and is going to leave, is required to transfer his powers to his future deputy.

Recreation

The main legislative document regulating the shift work method, the Labor Code, contains such term as "interhvt vacation". Its value is defined as follows. These are days of rest (sometimes called compensatory holidays), which appeared as the result of hourly processing of the working hours set by the schedule on a rotational object. Some lawyers consider interhuman rest as a kind of analogue of leave, but provided not on an annual basis, but because of the objective capabilities of the employer. However, the frequency of such compensatory time offs can be several times a year. Also, from a typical holiday, the inter-vivental vacation differs in the way of charging compensation. Its base is not the average earnings. In another way, the number of days for intervahta rest is calculated. For this purpose, the sum of all hours of processing is divided by 8 (based on the standard length of the working day for TC). At the same time, an option is possible, in which the intervaht vacation will be paid in the amount of the salary. In practice, this is possible if the compensatory time off is provided by the employer company in the form of compensation for excess hours within the accounting period.

Regarding the ratio of vacation and intervaht rest, some lawyers recommend paying attention to the following feature. The matter is that, first of all, the time off for the processing of watches should be given as a matter of priority. And only after a person uses them, he can go on a standard vacation. At the same time, the days constituting the inter-vacation leave must be included in the total length of service on the basis of which the vacation is calculated.

Overtime

The RF TC admits that shift workers can provide processing not only in terms of their own initiative (and in this case claiming inter-vowal rest), but also by virtue of a management order. In this case, their activities will take the form of overtime work. The reasons that may lead to a corresponding watch management initiative may be different. A variant is widespread in which the need for overtime work has arisen due to the fact that the team did not arrive in time to replace the one that is currently working. If a person was involved in overtime work, the salary is calculated in a one-and-a-half or double size, depending on the specific conditions for the employee to perform labor functions.

It should be noted that in relation to the organization of working time and rest for employees of the medical and pharmaceutical profile, who carry out their labor functions, serving the shift workers, act on the basis of the specifics of production and its specific conditions. At the same time, the key provisions of Article 47, which standardize labor for employees, also apply to specialists in this profile.

Above we outlined the thesis that the shift work method in Russia became especially popular due to the loyalty of the national labor legislation. Based on the regulatory norms of the TC, we can assume that in many respects this is indeed the case. Despite the fact that, for example, the law allows employers to establish a 12-hour working day, at the same time, it is required to provide weekends for workmen, as well as opportunities for exercising the right for inter-community rest and ordinary leave. In addition, overtime processing is paid in a one-and-a-half or even double size. Russians, who know what a shift work means, give positive feedback, often emphasize the fact that the Labor Code is the source of the right, which makes people who have decided on a difficult journey for earnings, sufficiently protected.