Duration of daily shift work for certain categories of workers. Work shift and its duration

Shift work - work in two, three or four shifts - is introduced in cases where the duration production process exceeds the permissible duration of daily work, as well as in order to more effective use equipment, increasing the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation).
Unfortunately, the Labor Code does not provide a clear limitation on the maximum duration of a work shift. This duration depends, first of all, on the type of recording of working hours (daily, cumulative), and the time of day (work during the day or night). However, there are a number of rules that must be followed.
Duration of work shift, according to general rule, does not differ from the length of the working day and is determined for most workers based on the normal length (40 hours) of working time and the established type of working week (five-day with two days off or six-day with one day off). The legal requirement to provide employees with daily (between shifts) rest (Article 107 of the Labor Code of the Russian Federation) must also be taken into account. Unfortunately, the Labor Code has not defined a specific minimum duration of such rest, but according to established practice, it (together with the lunch break), as a rule, should not be less than twice the duration of work on the day (shift) preceding the rest. The requirements of Art. 94 of the Labor Code of the Russian Federation establishing the duration of the work shift for certain categories of workers (minors, disabled people, etc.), and all other special norms of the Labor Code. Thus, for medical workers, a reduced working time of no more than 39 hours per week is established. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government of the Russian Federation. Now the Order of the USSR Ministry of Health of December 12, 1940 No. 584 “On the duration of working hours for medical workers” is still in force (see also question No. 3324).

All of the above rules can be defined in one term - the daily or weekly working hours established for this category of workers. There are exceptions to it, both in the direction of reduction and possible increase.
1) Work at night (Article 96 of the Labor Code of the Russian Federation). Night time is the time from 22:00 to 6:00.
The duration of work (shift) at night (night shift) is reduced by one hour. A night shift is considered to be one in which more than half of its duration occurs at night. However, this rule does not apply to employees for whom a reduction in working hours is already provided (see Article 92 of the Labor Code of the Russian Federation “Reduced working hours”, according to which working hours for medical workers are reduced, Part 1 of Article 350 of the Labor Code of the Russian Federation). The duration of work is not reduced even when a person is hired specifically to perform work only at night, unless otherwise provided by the collective agreement (for example, doctors on duty hired only at night).
The duration of night work is equalized with day work in cases where this is necessary due to production conditions, in particular in continuous production, as well as in shift work with a 6-day shift. working week with one day off. The list of specified works can be fixed by a collective agreement, an order of the head of the organization or other local normative act.
2) Exceeding is possible with the introduction of summarized working time recording in an organization. According to Art. 104 of the Labor Code of the Russian Federation in organizations or when performing certain types of work, where, due to production (work) conditions, the daily or weekly working hours established for a given category of workers cannot be observed, the introduction of summarized accounting is allowed; while the duration of working hours for accounting period(month, quarter and others, but not more than 1 year) should not exceed the normal number of working hours.
The procedure for maintaining summarized accounting is established by the internal rules labor regulations. The employee is given a shift schedule, for example, he goes to work every other day, two or three days, and a shift with total accounting, as a rule, should not exceed 10-12 hours (formally it can last 24 hours).

The duration of daily work (shift) cannot exceed:

for employees (including persons receiving general education or secondary vocational education and working during the holidays) from the age of fourteen to fifteen years - 4 hours, from the age of fifteen to sixteen years - 5 hours, from the age of sixteen to eighteen years - 7 hours;

for persons receiving general education or secondary vocational education and combining school year obtaining education with work, from the age of fourteen to sixteen years - 2.5 hours, from the age of sixteen to eighteen years - 4 hours;

for disabled people - in accordance with the medical certificate issued in the manner prescribed federal laws and other regulatory legal acts Russian Federation.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

Industry (inter-industry) agreement and collective agreement, as well as if there is written consent employee, formalized by concluding a separate agreement to the employment contract, an increase in the maximum permissible duration of daily work (shift) may be provided in comparison with the duration of daily work (shift) established by part two of this article for employees engaged in work with hazardous and (or) hazardous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one - three of Article 92 of this Code:

with a 36-hour work week - up to 12 hours;

with a 30-hour work week or less - up to 8 hours.

Duration of daily work (shift) of creative workers mass media, cinematography organizations, television and video filming crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission social and labor relations, can be established by a collective agreement, local regulations, or employment contracts.

Comments to Art. 94 Labor Code of the Russian Federation

1. The legislation establishes both the weekly standard of working time and the duration of daily work for certain categories of workers, i.e. the maximum permissible duration of daily work for a specific employee (group of employees) during the day.

The length of working time for a specific employee (group of employees) during the day is called a working day (shift).

2. The specific duration of daily work (shift) is determined by the internal labor regulations or shift schedules for both a 5-day and a 6-day work week in compliance with the requirements specified in the commented article, i.e. subject to the maximum permissible working day (shift).

3. For disabled people, the duration of daily work (shift) is established taking into account the requirements specified in the individual rehabilitation program for a disabled person, developed on the basis of a decision of the authorized body carrying out management federal institutions medical and social examination. It is mandatory for execution by organizations regardless of their organizational and legal form (Article 11 of the Law “On social protection disabled people in the Russian Federation").

4. For certain categories of workers employed in hard work and in jobs with dangerous and (or) harmful working conditions, the maximum permissible duration of daily work (shift) is established by federal laws.

5. Limitation by law (or on its basis) of working hours is necessary not only to determine the measure of labor, but also to protect the employee’s right to rest. Therefore, in some cases, legislation classifies as working time some breaks during the work process, for example, for heating during cold work, 3-5 minute breaks for rest during intensive assembly line work, breaks for feeding a child under 1.5 years of age, etc. These breaks are paid according to average earnings. In such cases, working time as a labor standard does not coincide with the actual time worked - the actual one will be less. At overtime work the actual time worked will be more than the norm established by law.

6. The duration of normal working hours for creative workers of theaters, theater and concert organizations, as well as cinematography organizations, television and video crews, circuses, the media, professional athletes, as well as other workers, cannot exceed 40 hours per week ( Article 351 of the Labor Code).

Decree of the Government of the Russian Federation of April 28, 2007 N 252 approved. List of professions and positions of creative media workers, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, features labor activity which TCs are installed.

7. By Order of the Ministry of Railways of Russia dated March 5, 2004 No. 7 approved. Regulations on the peculiarities of working time and rest time, working conditions for certain categories of railway transport workers directly related to the movement of trains.

Commentary on Article 94

1. The duration of daily work has a direct impact on a person’s performance. Long-term continuous operation Tires a person, leads to a decrease in his performance (decreased speed of movements, weakened attention, making mistakes, decreased productivity, etc.), affects his health. Therefore, the legislation establishes not only the weekly standard of working time, but also the maximum permissible duration of daily work for a number of categories of workers.

Moreover, these requirements must be met not only when distributing the weekly norm of working time, but also when distributing working time within the accounting period.

2. The specific duration of daily work (shift) is determined by the internal labor regulations or shift schedules for both a 5-day and a 6-day work week, in compliance with the requirements of Art. 94 on the maximum permissible working day (shift).

So, according to Part 1 of Art. 94 daily working hours are established primarily for persons under 18 years of age. Moreover, for students it is common educational institutions, educational institutions of primary and secondary vocational education who combine study with work during the academic year, the norm for the duration of daily work in accordance with the previous edition of the commented article decreased by 2 times. For example, for persons aged 16 to 18 years, the duration daily shift could not exceed 3.5 hours. New law allowed workers of the specified age to increase the duration of daily work to 4 hours.

3. The duration of daily work (shift) for disabled people is established in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In particular, the recommended duration of daily work (shift) for a disabled person is indicated in an individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by the institution of the state medical and social examination service for recognizing a citizen as disabled. An individual rehabilitation program for a disabled person is mandatory for execution by any enterprise, regardless of their organizational and legal forms (Article 11 of the Law on the Protection of Persons with Disabilities).

4. In relation to workers engaged in work with harmful and (or) dangerous working conditions, the commented article retains general requirement that with a 36-hour work week, the duration of daily work cannot exceed 8 hours; with a 30-hour work week or less - 6 hours.

At the same time, the new edition of Part 3 of the commented article allows for the possibility of increasing the duration of daily work (shift) by collective agreement compared to the duration of daily work (shift) established by Part 2 of the commented article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours (Part 1 of Article 92 of the Labor Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation. It seems that this addition should be considered only as an exception allowed during the systematic control of the territorial bodies of Rospotrebnadzor.

As follows from the note to the concept of “hygienic standards for working conditions,” hygienic standards are justified taking into account an 8-hour work shift. For longer shifts, but not more than 40 hours per week, in each specific case the possibility of working must be agreed with the territorial departments Federal service on supervision in the field of consumer rights protection and human well-being, taking into account the health indicators of workers (according to periodic medical examinations, etc.), the presence of complaints about working conditions and mandatory compliance with hygiene standards (see paragraph 3 of the section Basic concepts used in the Guide. // Guidelines for hygienic assessment of factors working environment and the labor process. Criteria and classification of working conditions. R2.2.2006-05, approved. Chief State Sanitary Doctor of the Russian Federation July 29, 2005).

5. Normal duration working hours for creative workers of cinematography organizations, television and video filming groups, theaters, theatrical and concert organizations, circuses, media, professional athletes, like other workers, cannot exceed 40 hours a week. However, the duration of the daily work (shift) of specific creative workers in accordance with the lists of categories of these workers approved by the Government of the Russian Federation could be established in a special manner - in accordance with laws and other regulatory legal acts, a collective agreement or an employment contract.

The new Law provided that the duration of daily work (shift) of these categories of workers in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement or local regulatory act , employment contract. This laid the legal basis for the development of a system of social partnership on the establishment of work and rest regimes for creative workers of a significant number of organizations: the media, cinematography, theaters, circuses, concert organizations, etc.

On the specifics of regulating the labor of these creative workers, see Art. 351 and comments. To her.

Working hours require a strict regime and consideration of its duration at each individual enterprise. Therefore in legal regulation working hours, a special place is occupied by methods of constructing a regime and recording the duration of working hours.

A work schedule or working time is a certain order of distribution of time norms, in particular its beginning, end and breaks in work.

The work schedule includes a certain duration of working time for the corresponding period: working week, working day, work shift, division of working time into parts, irregular working hours, night working time, overtime, duty and time recording. All these concepts will be discussed in more detail in the legal aspect in the second section of our work. For now, let’s touch on them to approach the topic of shifts in working mode.

A special type of working time regime is the regime in which summarized recording of working time is introduced. The regime of summarized working time recording can be introduced at continuously operating enterprises, institutions and organizations, as well as in individual industries, workshops, sections, departments and in some types of work where, due to production (work) conditions, it cannot be observed established by law for this category of workers, daily or weekly working hours.

Overtime work in the case of cumulative recording of working hours is work in excess of the established duration of working hours for the accounting period. According to current legislation, overtime work is generally prohibited. In case of involving employees in overtime work in exceptional cases provided for by law, the maximum norms are established - four hours for two days in a row and 120 hours per year for each employee. Remuneration for overtime work is paid at an increased rate. Workers who have concluded employment contract with the condition of part-time work, cannot be involved in overtime work at all. They can be recruited from above established norm duration of working hours with the consent of the parties only on the basis of a mutual agreement with payment for work beyond the usual (single) rates.

The working week is the distribution of working time throughout the calendar week. There are two types of workweek: with one and two days off (usually Saturday and Sunday).

A working day is the working time established by law during the day. Duration of daily work specific enterprise(in an institution, organization) is determined by internal labor regulations or shift schedules in the case of shift work.

Work shift- this is the duration of working hours during the day according to the schedule or work schedule. Shift schedules are approved for “daily” shift work throughout the day (s). Shift schedules can be two or three shifts, and in continuously operating enterprises - even four shifts. Shift schedules are provided to employees for review, as a rule, no later than 1 month before they come into force. The transition from one shift to another, as a rule, must be carried out every working week at the hours determined by the shift schedules.

At the start of work, each employee is required to mark his arrival at work, and at the end of the working day (shift) - leaving work in the manner established by the enterprise. In continuously operating production facilities, workers are prohibited from leaving work until their replacement arrives (according to Typical rules internal labor regulations).

A special type of working time regime is a work regime with the distribution of the working day into parts. The distribution of the working day into parts is provided for in Article 105 Labor Code RF and means the possibility of establishing a break in work for more than two hours. Two hours is the length of a break that allows it to be qualified as a break for food and rest. The division of working time into parts is established for urban transport drivers and livestock workers (feeding, milking cows, etc.). The possibility of dividing the working day into parts is provided for by a number of regulations regulating the issue of working time and rest time in certain areas National economy.

From point of view practical application normal labor legislation The most problems arise when regulating working hours with a cumulative account of its duration. As a rule, summarized accounting is used in “daily” shift work mode.

Let's break down in more detail the acceptable standards for the duration of a work shift throughout the day. Shifts can be day, evening or night. The duration of the work shift may coincide with established by law for certain categories of workers, the duration of daily work (Article 94 of the Labor Code of the Russian Federation), and may be more or less than it. The duration of a shift when recording working hours in total should not exceed 12 hours. In accordance with the provisions of labor legislation, the duration of the work shift when working at night is reduced by 1 hour, with the exception of those employees for whom reduced working hours are established. According to Art. 95 of the Labor Code of the Russian Federation on the eve of weekends, the duration of a work shift with a 6-day work week cannot exceed 6 hours. The duration of the work shift on the eve of non-working holidays is also subject to a reduction of 1 hour for both a 5-day and a 6-day working week. This rule does not apply to those employees for whom reduced working hours are established. In cases where a holiday non-working day is preceded by a day off according to the calendar or work schedule, the duration of daily work (shift) before the holiday is not reduced. If in continuously operating organizations and on certain types It is impossible to reduce work shifts on the eve of starting days and holidays due to production conditions; for overtime on these days it is provided Extra time rest or it is paid in the same way as overtime work.

A shift for workers aged 15 to 16 years cannot exceed 5 hours, for minors from 16 to 18 years old - 7 hours, for children aged 14 to 16 years combining work and study - 2.5 hours.

As mentioned above, the working time of employees in the cumulative accounting of working hours is regulated by shift schedules (Articles 103-104 of the Labor Code of the Russian Federation), which are drawn up in advance for the entire accounting period based on the fulfillment of the established norm of working hours for this period. The schedules (or the order on the implementation of a work schedule) indicate: the start, end and duration of daily work (shift), the time of breaks for rest and consumption of food, as well as the time of inter-shift and weekly rest.

Shift schedules are actually a report card for the use of working time, only compiled for the onset of the accounting period and without taking into account some deviations: absenteeism, unplanned vacations, illness, etc.

When drawing up schedules for going to work, the responsible person must undoubtedly take into account: the existing schedule of annual planned vacations, the list of employees who are sick at the time of drawing up the schedule, the list of employees who are on leave in connection with their studies at higher education institutions. educational institutions, as well as the volume of tasks assigned to the unit by the management of the enterprise.

Every day, the shift schedule is checked by the head of the department with the actual availability of workers and, if necessary, adjusted in order to fulfill planned tasks and comply with the norms and requirements of Russian labor legislation.

Shift schedules are approved by the administration in agreement with the elected trade union body (trade union representative, elected representative of the collective of workers) and are given to each employee for review.

Summarized working time recording is also used when using one of the progressive forms of working time recording - the flexible working time regime, i.e. dividing the working day into parts, which are provided for in Article 105 of the Labor Code of the Russian Federation.

The implementation of a shift work schedule allows, as the load increases, to increase the operating time of the enterprise to 12-24 hours a day. And the number of working days per week can be increased to 7.

There are many options for shift schedules, each of which is formed to solve specific problems. Let's consider three options for shift schedules, the most rational and often used in enterprises when organizing work from 12 to 24 hours a day and from 5 to 7 days a week.

Option 1 is used when it is necessary to solve the distribution optimization problem labor resource in accordance with intraday load fluctuations. A 2-shift morning-evening schedule is used with the enterprise operating hours from 8.00 to 20.00, from Monday to Friday, with two days off. This is the simplest option; its feature is the period of simultaneous presence of two shifts on the site. Personnel work 8 hours a day with overlapping intervals during peak daily workloads in production (Table 1).

Table 1

Duration of shifts with a two-shift shift schedule

Each employee works 40 hours a week. If the shift size is 10 people, the average monthly resource will be 3520 people/hour.

The schedule for covering intraday peak loads during 2-shift work with a period of simultaneous work of shifts is shown in Fig. 1.

The advantages of a two-shift morning-evening schedule are an increase in the operating time of the enterprise to 16 hours a day. With a shift duration of 8 hours, it is possible to involve personnel in overtime work for 1-2 hours without fear of a significant decrease in productivity and quality of work.

Picture 1

Schedule for covering intraday peak loads during 2-shift work

The disadvantage of using this chart is the limited number technical resources during the simultaneous work of morning and evening shifts. Option 2 is used to solve the problem of a general increase in the production capacity of the enterprise with a five-day working week. A 3-shift schedule is being introduced to organize round-the-clock work. The staff works in weekly cycles of 8 hours a day with 2 days off. To transfer shifts and adjust shift assignments, the schedule should include half-hour intervals for crossing shifts - changing shifts (Table 2). The employee's weekly workload is 40 hours per week. With a shift size of 10 people, the average monthly resource will be 5280 people/hour. The advantages of a 3-shift schedule are the prompt completion of production tasks due to the night shift processing the volume of work received for the previous day, ensuring a continuous production process during a five-day work week, as well as the ability to use personnel after hours. The disadvantage is the need to organize round-the-clock operation of services to ensure working conditions for equipment and personnel.

table 2

Length of shifts with a three-shift shift schedule

U – morning shift from 07.30 to 16.00, B – evening shift from 15.30 to 24.00, N – night shift – 23.30 to 08.00

Option 3 is used to solve the maximum magnification problem bandwidth warehouse with a seven-day work week. To do this, a 4-shift schedule is introduced with the organization of two 12-hour periods of production shifts during the day and night. To switch to this schedule, it is necessary to provide for increased rest intervals after the night shift (Table 3).

The average working time of one employee is 42 hours per week. With a shift size of 10 people, the average monthly resource will be 7,200 people/hour.

The advantages of a 4-shift schedule are maximum realization of the potential of production capacity, prompt execution of requests and orders due to the night shift processing the volume of orders received during the previous day, as well as the ability to ensure a continuous process of processing the flow of goods or the production process.

The disadvantages are the need to organize round-the-clock operation of services that provide working conditions for equipment and personnel, as well as the lack of a reserve for overtime hours of work for personnel after a 12-hour shift (with the exception of the withdrawal of shifts per day, one day after work on the night shift).

Table 3

Length of shifts with a four-shift shift schedule

D – day shift from 08.00 to 21.30, N – night shift from 21.00 to 08.30

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