Regulations on the shift method of work. Regulations on the rotational method of organizing work (sample filling)
1. GENERAL PROVISIONS
1.1. The Regulations on the rotational method of work (hereinafter referred to as the "Regulations") were developed in accordance with the Labor Code of the Russian Federation and the Decree of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 N 794 / 33-82 "On approval of the Basic Regulations on the rotational method of organizing work" .
1.4. Employees under the age of eighteen, pregnant women and women with children under the age of three, as well as persons who have contraindications to work on a rotational basis in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
1.5. Issues related to the use of the rotational method and not specified in these Regulations are resolved in accordance with applicable law.
2. ORGANIZATION OF WORK
2.1. The organization of work on a rotational basis should ensure the rhythm, continuity, and complexity of performing work at facilities (sites).
2.2. The recruitment of rotational (shift) personnel is provided by employees with their consent, who are on the staff of _____ "_______________" (hereinafter referred to as the "Employer"), who do not have medical contraindications for performing work by the specified method and living in the locations of these enterprises.
2.3. Delivery of workers to the shift is carried out in an organized manner from the location of the Employer or from the collection point<*>to the place of work and back by economically feasible means of transport on the basis of long-term contracts concluded by the Employer with transport organizations. Transport belonging to the Employer may be used to deliver employees.
<*>The collection point is set by the Employer.
2.4. The shift is considered the total period, including the time of work at the facility and the time between shifts of rest.
2.5. The duration of the watch should not exceed one month. In exceptional cases, at certain facilities, the duration of the shift may be increased by the Employer up to three months, taking into account the opinion of the elected body of the primary trade union organization (hereinafter referred to as the "trade union committee") in the manner prescribed by the Labor Code of the Russian Federation, local regulations of the Employer.
2.6. When concluding (changing) an employment contract with an employee involved in work on a rotational basis, the features of the rotational method (mode of work and rest, duration of the accounting period, wage conditions, provision of benefits, compensation, etc.) are reflected in the employment contract and order .
2.7. Employees involved in work on a rotational basis, while at the work site, live in shift camps specially created by the Employer, which are a complex of buildings and structures designed to ensure the vital activity of these workers during the performance of work and inter-shift rest (or in those adapted for these purposes and paid at the expense of the Employer hostels, other residential premises).
2.8. Accommodation of shift (shift) personnel during the period of rest between shifts in shift camps is prohibited.
2.9. Employees living in shift camps are provided with transport, trade and consumer services, as well as three daily hot meals.
3. ACCOUNT OF WORKING TIME. MODES OF WORK AND REST
3.1. With the rotational method of work, a summarized accounting of working time for a month (a quarter or for another longer period, but not more than a year) is established.
The accounting period covers all working time, travel time from the location of the Employer or from the collection point to the place of work and back, and the rest time falling on this calendar period of time.
3.2. The Employer maintains a special record of working time and rest time for each employee by months and on an accrual basis for the entire accounting period.
3.3. Working time and rest time within the accounting period are regulated by the shift work schedule, which is approved by the Employer in agreement with the relevant trade union committee, as a rule, for a year and is brought to the attention of employees no later than two months before its entry into force. The schedules also provide for the days needed to transport workers to and from the shift.
The duration of daily work (shift) should not exceed 12 hours.
3.4. The duration of the daily (between shifts) rest of employees, taking into account lunch breaks, can be reduced to 12 hours. In this case, the hours of daily (between shifts) rest, as well as days of weekly rest, underused in this case, are summed up and provided in the form of additional days free from work (days of rest between shifts) during the accounting period. The number of days of weekly rest in the current month must not be less than the number of full weeks of this month. Weekly rest days can occur on any day of the week.
For employees who left before the end of the accounting period, the date of dismissal, with their consent, may be indicated taking into account the due days of rest between shifts.
3.5. The normal number of hours that an employee must work in an accounting period is determined based on a six-day work week and a work shift of 7 hours and a six-hour work shift on pre-weekends and pre-holidays (with a 41-hour work week). At the same time, at work with harmful working conditions, the norm of working time is calculated on the basis of the reduced working time established by labor legislation.
3.6. Each day of rest in connection with the processing of working hours within the schedule of work on a shift (day of rest between shifts) is paid in the amount of the daily tariff rate, the daily rate (part of the salary (official salary) for the day of work)<*>.
<*>Higher pay may be established by a collective agreement, a local regulation of the employer or an employment contract.
3.7. Overtime working hours within the shift work schedule, which are not multiples of a whole working day, can be accumulated during a calendar year and summed up to whole working days with subsequent provision of additional days of rest between shifts.
4. GUARANTEES AND COMPENSATIONS FOR PERSONS WORKING ON A CRASH METHOD
4.1. Employees performing work on a rotational basis, for each calendar day of stay in the places of work during the period of rotation, as well as for the actual days spent on the road from the location of the Employer (collection point) to the place of work and back, are paid instead of the daily allowance for the rotational method of work .
The allowance for the rotational method of work is paid in the amount and in the manner established by the collective agreement (local regulation, labor contract).
4.2. For each day on the way from the location of the Employer (collection point) to the place of work and back, provided for by the shift work schedule, as well as for days of delay on the way due to meteorological conditions or the fault of transport organizations, the employee is paid a daily tariff rate, part of the salary ( official salary) per day of work (daily rate).
4.3. Annual leave for employees employed on a rotational basis is provided in accordance with the established procedure after using days of rest (time off).
4.4. If an employee is simultaneously entitled to annual leave not used in due time, then he can receive them with subsequent dismissal after the end of the inter-shift rest. In this case, the date of dismissal will be the last day of vacation.
4.5. If the end of the employee's annual leave falls on the days of inter-shift rest of the team in which he works, then the employee before the start of his shift shift may be:
4.5.1. Transferred due to operational necessity in order to prevent downtime that arose for organizational reasons, to another job according to the rules of Art. 72.2 of the Labor Code of the Russian Federation.
4.5.2. Moved to another watch shift (another structural unit) in accordance with Part 3 of Art. 72.1 of the Labor Code of the Russian Federation.
4.5.3. Unpaid leave may be granted by agreement between such employee and the Employer.
4.6. The employer decides with the health authorities at the location of the enterprise the issue of attaching employees to medical institutions for their medical support (medical units or territorial clinics) and for medical examinations, ensures and is responsible for the timely and organized attendance of employees for medical examinations and surveys.
4.7. 2 - 4 days before being sent to the rotational camp or to the facility (site), workers should be examined by a therapist of the workshop site or in a polyclinic at the place of residence. The Employer controls these inspections.
I am familiar with this Regulation _____________/_________________/
<1>Features of labor regulation of persons working on a rotational basis are regulated in Chapter 47 of the Labor Code of the Russian Federation.
Watch: features of labor regulation (part 2)
What features of legislative regulation should the employer take into account when organizing work on a rotational basis?
Basic provisions on the rotational method
Work on a rotational basis is established by the local regulatory act of the company (part 1 of article 8, article 252 of the Labor Code of the Russian Federation, part 4 of article 297 of the Labor Code of the Russian Federation). The company must develop and approve a regulation on the rotational method of organizing work. As a rule, the provision on the rotational method of organizing work, which was approved on December 31, 1987, by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR No. 794 / 33-82 (hereinafter referred to as the Regulations on shift) can be taken as the basis for the provision.
As we have already noted in part 1 of the article, the specified Regulation on the watch is valid in the part that does not contradict the norms of the Labor Code of the Russian Federation (Chapter 47 and Chapter 50 of the Labor Code of the Russian Federation).
We gave an approximate list of the activities of companies and facilities where the rotational method of organizing work can be applied. However, an employer not included in the list, at its discretion, based on the technological features of the production process, may also organize shift work.
The decision to introduce the rotational method of organizing work is taken by the employer on the basis of technical and economic calculations, taking into account the effectiveness of its application in comparison with other methods of conducting work, which are reflected in the design and technological documentation developed by the organization (clause 1.4 of the Regulation on shift).
The local position of the company indicates the categories of employees who are covered by the rotational method, the duration of the shift, the work schedule, guarantees and compensations for employees working on a rotational basis, etc.
Mode of work and rest
As a general rule, the duration of a shift cannot exceed one month. And in exceptional cases (by decision of the head of the organization, agreed with the trade union - if any), the duration of the watch should not exceed three months (Article 299 of the Labor Code of the Russian Federation).
In this case, it must be taken into account that if rotational work is carried out for more than a month, then the company has a separate division at the place of rotation with all the ensuing tax consequences (clause 2, article 11 of the Tax Code of the Russian Federation, article 83 of the Tax Code of the Russian Federation, letters from the Ministry of Finance of the Russian Federation dated 12.10. 2012 No. 03-02-07 / 1-250, Federal Tax Service of the Russian Federation dated January 19, 2012 No. PA-4-6 / 604).
Working hours and rest time of shift workers are established by the corresponding shift work schedule, which is approved by the company administration in agreement with the trade union committee (if any).
The duration of daily work (shift) on a watch should not exceed 12 hours. And the days of being on the way to the place of work and back are not included in the norm of working time and may fall on the days of rest between shifts (clause 4.2 of the Shift Regulations).
As a general rule, a lunch break is not included in working hours (Article 107 of the Labor Code of the Russian Federation), and therefore, 12 hours (the maximum duration of a working shift on a shift) is “clean” working time. For example, if an hour lunch break is included at 12 o'clock, then a shift worker works 11 hours. The duration of daily (between shifts) rest, taking into account lunch breaks, should be at least 12 hours. And the number of days of weekly rest in the current month must not be less than the number of full weeks of this month. Days of weekly rest can fall on any day of the week (clause 4.3 of the Regulations on Watch, decision of the Soviet District Court of Ufa (Republic of Bashkortostan) No. 2-11224/2014 of 04/20/2015).
The drilling rig operator works on a rotational basis for 4 weeks, 10 hours per shift. In this case, the employee gets 6 working days and one day off per week.
In this case, the day off may not necessarily be Saturday or Sunday. An employment contract with an employee may specify another day, for example, Tuesday.
Before proceeding to the rules for scheduling work, it is necessary to understand the features of the summarized working time during rotational work, as well as the regime and rest of the shift worker.
Summarized accounting of working hours
In accordance with Article 300 of the Labor Code of the Russian Federation, with the rotational method of organizing work, a summarized accounting of working time is established for a month, quarter or other period, but not more than for a year. At the same time, the total duration of working hours for the accounting period should not exceed the normal number of working hours established by the Labor Code of the Russian Federation.
The procedure for introducing summarized accounting is regulated by the internal labor regulations of the company (part 4 of article 104 of the Labor Code of the Russian Federation).
If a shift worker is employed in work with harmful and (or) dangerous working conditions, then the period of the accounting period should not exceed three months (part 1 of article 104 of the Labor Code of the Russian Federation). But in the event that, for reasons of a seasonal and (or) technological nature, the length of working hours established for such employees cannot be observed within three months, the accounting period may be extended by no more than one year. An increase in the accounting period should be provided for by an industry (inter-industry) agreement and a collective agreement (part 2 of article 104 of the Labor Code of the Russian Federation).
What time intervals does the accounting period consist of?
The accounting period includes:
rest time falling on this calendar period (month, quarter, half year, year);
travel time from the location of the employer or the collection point to the place of rotational work and back (part 1, part 2 of article 300 of the Labor Code of the Russian Federation, clause 4.1 of the Regulations on the shift).
With the summarized accounting of working time, work on a weekend or holiday is not compensated for by another day off (as in the normal mode of operation) and is not paid at an increased rate, since it is included in the working time according to the schedule and paid days of rest between shifts are provided for it. This conclusion is also confirmed by the decisions of the courts on labor disputes with employees (Appeal ruling of the Khabarovsk Regional Court dated May 6, 2015 No. 33-2800/2015).
The company must keep a special record of working time and rest time for each employee by months and on an accrual basis for the entire accounting period (clause 4.1 of the Shift Regulations).
Features of the rotational method of organizing work are the most intensive use of working time. in addition to increasing the duration of the work shift itself (up to 12 hours), the employee has increased the number of work shifts per week (6 working days).
Due to the higher workload, the employee gets the so-called overtime. Indeed, with a rotational organization of work, it is impossible to comply with the daily or weekly norm of working time.
The most important thing that the employer needs to observe is that the total working time for the accounting period should not exceed the normal number of working hours determined for this category of workers (part 1 of article 104 of the Labor Code of the Russian Federation, clause 4.1 of the Regulations on Watch).
Recall that the norm of working time that an employee must work in the accounting period is calculated on the basis of a five-day working week with two days off and a working shift of 8 hours (on pre-holiday days - 7 hours) with a 40-hour working week (part 2 of Art. .91 of the Labor Code of the Russian Federation, clause 4.1 of the Regulations on the watch).
Let's illustrate the above with an example.
Let's use the conditions of example No. 1.
The operator of the drilling rig on duty works:
4 weeks x 10 hours x 6 days = 240 hours.
The normal working week is 40 hours:
4 weeks x 40 hours = 160 hours.
That is, the processing of the employee is:
240 hours - 160 hours = 80 hours.
The processing itself is not subject to payment, for it the shift worker is provided with inter-shift rest (Article 301 of the Labor Code of the Russian Federation, Definition of the Constitutional Court of the Russian Federation of September 29, 2015 No. 1883-O). Each day of rest in connection with the processing of working time within the work schedule on a shift (that is, a day of rest between shifts) is paid in the amount of the daily tariff rate, the daily rate (part of the salary (official salary) for the day of work), if a higher payment is not established by the collective an agreement, a local normative act or an employment contract (part 3 of article 301 of the Labor Code of the Russian Federation).
We translate the employee's overtime hours into days:
80 hours: 8 hours = 10 days.
In practice, it happens that the number of processing days is fractional.
If pre-holiday days are included in the calculation (according to the general norm, work on the pre-holiday day is reduced by 1 hour). The fractional part of the number of days “does not disappear”, but accumulates during the calendar year and can subsequently be summed up to whole working days, with the subsequent provision of additional days of rest between shifts to the employee (part 4 of article 301 of the Labor Code of the Russian Federation). And in case of dismissal of an employee or the expiration of a calendar year, the specified hours are paid at the rate of the tariff rate (part 3, clause 5.4 of the Regulations on shift).
But sometimes an employee needs money more than days off between shifts.
Is it possible to compensate an employee for processing days with money, by analogy with the rules of Article 152 of the Labor Code of the Russian Federation, because if an employee is involved overtime, he is either provided with rest days or must be paid?
With the rotational method, it is impossible, since in this case we are not talking about overtime work, but about processing. Therefore, shift workers must be provided with inter-shift rest.
Overtime work
Do shift workers work overtime? Employees may also be required to work overtime.
So, in case of non-arrival of rotational (shift) personnel, the heads of companies performing work on a rotational basis, with the permission of the trade union (if any), may involve employees in work in excess of the working hours established by the work schedules on the shift, before the arrival of the shift (clause 5.5 of the Regulations on watch).
In case of production necessity, employees can also be involved in overtime work. The very procedure for engaging a shift worker in overtime work is carried out as in “normal” work, that is, according to the rules established by Article 99 of the Labor Code of the Russian Federation.
Overtime includes either:
payment in an increased amount at the end of the accounting period (Article 300 of the Labor Code of the Russian Federation);
additional rest of the same duration as overtime work (Article 152 of the Labor Code of the Russian Federation).
In what cases can we talk about overtime work?
If the employee has worked in excess of his working hours established by the work schedule during the shift period. For example, an employee has a shift of 11 hours, but in fact the employee worked 12 hours. In this situation, 1 hour per shift is not processing, but overtime work, which is not taken into account when calculating the days of an employee's rest between shifts.
Schedule
As already noted, work schedules are mandatory with the rotational method of organizing work. There is no unified form of the schedule, and therefore the company has the right to approve its form by a local regulatory act (for example, as an Appendix to the Regulations on the shift).
The employer must familiarize the employees with the work schedule of shift workers two months before its entry into force (part 1 of article 301 of the Labor Code of the Russian Federation).
So, in one of the labor disputes, the employer, who did not familiarize the employee with the work schedule, "... he himself created a situation in which the employee believed that he needed to go to work on the next flight upon notification of the employer." Therefore, in such situations, an employee cannot be held disciplinary liable for absenteeism (Decision of the Sovetsko-Gavansky City Court (Khabarovsk Territory) No. 2-1580/2015 dated 10/05/2015).
The shift work schedule is approved by the employer, taking into account the opinion of the trade union committee (if any) in the manner prescribed by Article 372 of the Labor Code of the Russian Federation.
What is included in the work schedule? How often is the shift work schedule drawn up?
To draw up a work schedule for a shift method, the following periods must be taken into account:
watch time;
duration of inter-shift rest;
weekends falling on the watch;
duration of inter-shift rest;
the time required to transport workers to and from work shifts. The corresponding days of being on the road are not included in working hours and may fall on the days of rest between shifts (part 2 of article 300 of the Labor Code of the Russian Federation, part 1 and part 2 of article 301 of the Labor Code of the Russian Federation).
The work schedule is drawn up for the accounting period (for example, for a quarter, for one year).
When drawing up the schedule, it should be borne in mind that work for two shifts in a row is prohibited (part 5 of article 103 of the Labor Code of the Russian Federation).
Here is a simplified example of scheduling work.
During the shift period (3 weeks, 3 days off, the day off is Sunday) 18 working days will be worked. The duration of the shift is 10 hours.
During the shift period, the employee will work:
3 weeks x 10 hours x 6 days = 180 hours.
In normal mode, the working hours will be:
3 weeks x 40 hours = 120 hours.
That is, processing is:
180 hours - 120 hours = 60 hours.
The duration of the inter-shift rest will be:
60 hours / 8 hours = 7.5 days.
The fractional part of the number of days (0.5) will be accumulated during the calendar year and subsequently summed up to whole working days with the subsequent provision of additional days of rest between shifts (part 4 of article 301 of the Labor Code of the Russian Federation).
To draw up a work schedule, we use conditional abbreviations:
D - days on the way to the place of work and back;
ВВ - a day off during the period of work on a watch;
M - inter-shift rest.
A fragment of the work schedule of a shift worker for December 2016 is given below:
Granting additional leave to shift workers
According to the general rules, annual paid leave should be provided to employees in the prescribed manner after they use the days between shifts (clause 7.1 of the Shift Regulations). The employee should not have overlays of annual leave with days of rest between shifts (Article 301 of the Labor Code of the Russian Federation, clauses 4.3, 7.1 of the Shift Regulations).
Along with the provision of annual paid leave (at least 28 calendar days - part 1 of article 115 of the Labor Code of the Russian Federation), shift workers are also provided with additional leave.
So, the annual additional paid leave for work in the regions of the Far North (in areas equated to them) is (part 5 of article 302 of the Labor Code of the Russian Federation):
24 calendar days (for regions of the Far North);
16 calendar days (for areas equated to areas of the Far North);
8 calendar days (for the southern regions of Eastern Siberia and the Far East).
In addition to the next annual paid and additional leave, shift workers are also granted leave for work in hazardous working conditions (if any) for at least 7 calendar days (Article 117 of the Labor Code of the Russian Federation).
Collective agreements, other local regulations of the employer may establish paid holidays of longer duration, as well as other (additional) grounds for their provision (part 2 of article 116 of the Labor Code of the Russian Federation).
Features of establishing "northern" allowances, payroll, as well as the procedure for taxing payments, will be considered in the next part of the series of articles.
Regulations on the shift method (sample 2017)
Watch as a way to organize remote work
In order to organize work in remote areas and in areas with special natural conditions, including to reduce the time of construction, repair or reconstruction, a rotational work method is used. In such conditions, such a way of organizing work as a shift has a number of invaluable advantages and is more effective than the traditional form of employment.
Thus, a shift is a way of organizing the production process when the enterprise does not have the opportunity to ensure the daily return of the employee to the place of permanent residence and it is advisable to arrange him at the place of work (Article 297 of the Labor Code of the Russian Federation).
An approximate list of organizations using the rotational method is contained in the list approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health of December 31, 1987 No. 794 / 33-82. For example, these include enterprises in the oil, gas, forestry and forestry industries, geological exploration and railway transport.
Starting with methodology
The first step that needs to be taken to transfer personnel or part of them to a rotational method is the development of a Regulation on the rotational method of organizing work. This document can be drawn up as an annex to the collective agreement or the Labor Regulations in force in the company (part 1 of article 8, article 252, part 4 of article 297 of the Labor Code of the Russian Federation).
This document contains the main provisions on the rotational method of organizing work at the enterprise, including the conditions for working on a rotational basis.
In addition to the Regulations on the rotational method of work 2017, it is necessary to draw up a schedule of work on a rotation (part 1 of article 301 of the Labor Code of the Russian Federation, clause 4.2 of the Basic Provisions, approved by the Decree of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR of December 31, 1987 No. 794 / 33-82 ). A sample of this document is presented in the article “We draw up a work schedule on a shift (sample)”
We list the main provisions of the rotational method of work that need to be written in the local act:
- rules for recruiting personnel sent to watch;
- living conditions of employees;
- method of delivery to the place of rotational work;
- accounting period;
- the procedure for calculating the allowance for the rotational method;
- the availability of surcharges for shift workers.
Especially for readers, our specialists have prepared the Regulations on the shift method of work 2017, which can be downloaded for free.
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Regulations on the rotational method of organizing work
[legal form, name of organization, enterprise]
[signature, full name, position of the person approving the position]
[day month Year]
1. General Provisions
1.1. This Regulation governs relations related to the implementation of the labor process outside the place of permanent residence of employees, when their daily return to the place of permanent residence cannot be ensured - organization of work on a rotational basis.
1.2. This Regulation on the rotational method of organizing work applies to: [indicate the names of the structural divisions of the enterprise / positions of involved employees].
1.3. This Regulation has been developed in accordance with the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Basic Provisions on the rotational method of organizing work, approved. Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR of December 31, 1987 N 794/33-82 and other regulatory legal acts that determine the cases and features of the processing of personal data.
1.4. The place of work under this Regulation is considered to be the objects where direct labor activity is carried out [indicate the names of the positions of the involved workers]. The movement of attracted employees in connection with a change in the location of the objects of work is not considered a transfer to another job and does not require their consent. The assignment of specialists to a shift is not a business trip.
1.5. According to these Regulations, a shift is a general period, including the time for performing work at the facility and between shifts of rest in the shift camp.
1.6. The duration of the shift does not exceed 1 (one) month. In exceptional cases, the duration of the shift may be increased, but not more than up to 3 (three) months.
Exceptional cases include: [fill in what is needed, for example, non-arrival of shift (shift) personnel].
1.7. Involved workers during their stay at the facility live in the established [indicate the name of the organization] shift camps (field camps).
1.8. Work on a rotational basis is organized according to a special regime of work and rest, based on the summarized accounting of working time. Rest between shifts is provided in the places of permanent residence of the involved employees.
1.9. Issues related to the use of the rotational method of organizing work and not specified in these Regulations are regulated by the parties in accordance with applicable law.
2. Organization of work
2.1. The organization of work under this Regulation ensures the rhythm, continuity, and complexity of performing work at the facilities.
The work is carried out by enlarged teams using contractual principles of organization and remuneration and ensures the continuity of rotational personnel, the safety of material assets.
2.2. Rotational personnel are recruited by workers with their consent, who are employed by [insert the name of the enterprise], who do not have medical contraindications to perform work and live in the location of the enterprise.
Under this Regulation, workers under the age of 18, pregnant women and women with children under the age of one and a half years cannot be involved in shift work.
2.3. Delivery of workers to the shift is carried out [organized from the location of the enterprise (or from the collection point) to the place of work and back / independently at the expense of the enterprise].
2.4. Travel of workers from their place of permanent residence to the collection point and place of work (facility) and back is paid for by [insert name of the enterprise].
3. Organization of shift camps
3.1. Shift camps built according to [standard / individual] projects, including the general plan of the camp with reference to the area, are a complex of residential, cultural, household, sanitary and utility buildings and structures designed to ensure the livelihoods of involved workers during their vacation on shift, as well as maintenance of construction and special equipment, vehicles, storage of inventories.
3.2. Responsibility for the maintenance of shift camps, the organization of consumer services, political and educational and cultural work with residents rests with the administration and the trade union committee [indicate the name of the enterprise], and the internal service routine for all residents of the shift camp is also approved.
3.3. The design of the shift camp is coordinated with the relevant trade union committee and state sanitary and fire supervision authorities and approved by the head of [indicate the name of the enterprise].
3.4. The readiness of the shift camp for its transfer to operation is determined by the commission. The act of the commission on the acceptance of the camp for operation is approved by the head of [indicate the name of the enterprise].
3.5. Accommodation of shift personnel during the period of rest between shifts in shift camps is prohibited.
3.6. Payment for accommodation during the shift period is not charged to those working on a rotational basis.
4. Mode of work and rest. Time tracking
4.1. Working time and rest time within the accounting period is regulated by the shift work schedule approved by the administration of [indicate the name of the enterprise], taking into account the opinion of the elected body of the primary trade union organization in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations, and is brought to the attention of employees no later than two months before its entry into force.
4.2. The specified schedule provides for the time required for the delivery of workers to the shift and back. Days spent on the way to the place of work and back are not included in working hours and fall on the days of rest between shifts.
4.3. The duration of working hours for the accounting period should not exceed the normal number of working hours established by Art. 91 of the Labor Code of the Russian Federation.
4.4. Each day of rest in connection with the processing of working time within the schedule of work on a shift (day of rest between shifts) is paid in the amount of the daily tariff rate, the daily rate (part of the salary (official salary) for the day of work).
5. Pay. Benefits and compensation
5.1. Remuneration is made for [amount of work performed according to consolidated, complex and other applicable standards and rates / all hours actually worked in hours based on the established tariff rates of the assigned categories / actually worked according to the schedule (in hours) based on the established monthly official salaries (hourly the rate is determined by dividing the monthly official salary by the number of working hours according to the calendar of the billing month) / actual hours worked (in days) based on the established monthly official salaries].
5.2. Bonuses for employees are carried out with the provision on bonuses, while the bonus is accrued on wages without taking into account the payment of days of rest between shifts.
5.3. [District/for highlands/desert/waterlessness] coefficients are applied to the wages of all employees in the amounts established by [fill in as appropriate].
5.4. Days of rest (days off) in connection with work in excess of the normal working hours in the accounting period within the limits of the shift work schedule are paid in the amount of the tariff rate, salary (without applying the prescribed coefficients) received by employees by the day the rest (day off), based on [value] - hourly working day.
Overtime working hours that are not multiple of whole working days ([value] of hours), according to this Regulation, are accumulated during the calendar year up to whole working days, with subsequent provision of paid days of rest between shifts. In case of dismissal or expiration of the calendar year, the specified hours are paid at the rate of the tariff rate (salary).
5.5. Overtime work is paid as overtime.
5.6. For the days on the way from the location of the enterprise (collection point) to the place of work and back, provided for by the shift work schedule, as well as for the days the employees are delayed on the way due to meteorological conditions and the fault of transport organizations, the employee is paid a daily tariff rate, a salary based on [ value]-hourly working day. In cases of delay of rotational (shift) personnel on the way, compensation to employees for the costs of renting a dwelling is carried out in relation to the norms provided for by the legislation on business trips.
5.7. In cases where the employee, for good reasons, did not arrive in time at the collection point for rotational (shift) personnel and went to the work site on his own, the administration of the enterprise reimburses him for transportation costs in relation to the norms provided for by the legislation on business trips.
6. The procedure for providing guarantees and compensations provided for by the current legislation
6.1. Annual leave is granted to employees in accordance with the established procedure after the use of rest days (days off).
6.2. If the end of the employee's annual leave falls on the days of inter-shift rest of the team in which he works, then the employee is given another job at the enterprise before the start of the shift, while maintaining the average earnings from the previous job.
By agreement of the parties, the issue of granting this employee unpaid leave may be resolved.
6.3. In the event of temporary incapacity for work for workers performing work on a rotational basis, during the period of rest (time off) provided to them, benefits for days of incapacity for work that coincided with days of rest are not issued. If temporary incapacity for work continues after the end of the period of rest, the benefit is issued from the day on which the employee must start work. In this case, the allowance is issued for working hours missed due to incapacity for work, according to a schedule drawn up within the limits of the norm of working hours established by law.
7. Organization of medical care
7.1. The administration of the enterprise, together with healthcare institutions, organizes medical assistance to the teams of rotational camps, staffing them with medical and pharmaceutical personnel, medicines and medical equipment, and ensures the evacuation of the sick.
7.2. Preliminary medical examinations of persons sent to work on a rotational basis upon admission to work are carried out in a medical institution at the place of residence of the employee with the obligatory issuance of a conclusion to the hands of the subject.
7.3. 2-4 days before being sent to the shift camp or to the facility, employees are examined by a site therapist or at a polyclinic at the place of residence, control over the passage of these examinations is carried out by the administration of the enterprise - [position, full name].
7.4. The health authorities and institutions on whose territory the shift camps are based, as well as facilities (sites), provide medical care to shift workers, organizing paramedical stations in them in accordance with the current legislation of the Russian Federation.
Head of structural unit
[day month Year]
[official with whom the regulation is agreed]
Article TKRF 297. General provisions on work on a rotational basis
Commentary on Article 297
1. The chapter is based on the Basic Provisions on the rotational method of organizing work, approved by the Decree of the USSR State Committee for Labor, the All-Union Central Council of Trade Unions and the USSR Ministry of Health of December 31, 1987 N 794 / 33-82 with subsequent changes (hereinafter in this chapter - the Basic Provisions).
On a number of issues, this regulatory legal act continues to operate, taking into account Part 1 of Art. 423 and at present, of course, only in the part that does not contradict the Labor Code.
The foregoing also applies to sectoral provisions on the rotational method of organizing work (in the oil and gas industry, construction, geology, etc.), as well as to the provisions on the rotational method in specific organizations, which were approved in accordance with paragraph 2 of the above Resolution.
2. Retains its effect (also in the part that does not contradict the Labor Code) and another special regulatory legal act of the Soviet era - Decree of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of November 6, 1986 N 470 / 26-88a "On the conditions and procedure for remuneration of medical and pharmaceutical workers serving workers and employees transferred to the rotational method of organizing work.
3. Norms Ch. 47 of the Labor Code apply to both varieties of the rotational method, distinguished in practice and in the literature: ordinary rotational (intraregional) and rotational expeditionary (interregional).
The first variety of the rotational method is characterized by short (usually within one area) movement of personnel, short (up to 7-10 days) duration of shifts, stable transport and communication and communication between base settlements and shift camps, a stationary administrative apparatus, finding a place of permanent residence for workers in the area where the organization operates.
With the second type of shift method, workers on the way from their place of permanent residence to shift camps overcome significant (sometimes up to several thousand kilometers) distances, while crossing different climatic zones and time zones, the duration of shifts is from two weeks to two months, during shift shifts it is usually replaced all the personnel of the main production, places of permanent residence and employment of workers are located in different regions, in which the legal regulation of labor relations often differs (for example, northern coefficients and wage supplements are applied in the places of work).
4. At present, the shift method is quite widespread in the oil, gas and forestry industries, in construction, transport, geology, agriculture and water management and in a number of other industries.
Geographically, the shift method is most often used in the regions of the Far North and equivalent areas, on the continental shelf, as well as in uninhabited, remote areas with special natural conditions.
5. On issues not regulated by Ch. 47, the general norms of the Labor Code are applied, primarily those that regulate the categories most used in the rotational method from various institutions of labor law (medical examinations, summarized accounting of working hours, regional coefficients and wage supplements, guarantees and compensations, etc.).
6. From the legal definition of the rotational method given in Part 1 of Art. 297 (which has not been changed), there are two main features that distinguish it from the usual ways of organizing work:
Performing work outside the place of permanent residence of employees;
The impossibility of their daily return to this place.
This specificity entails, in particular, the use of special work and rest regimes (Articles 299 - 301 of the Labor Code), regular trips to the place of work and back to the place of residence associated with additional costs (Article 302), as well as special restrictions when performing such work (art. 298).
7. The place of permanent residence of employees is determined in accordance with the legislation at the location of the settlement in which the employee is registered (registered).
Places of permanent residence of all or most shift workers do not always coincide. The recruitment of rotational personnel can be carried out in different settlements (including in different regions) with the subsequent transfer of workers to the collection point (see commentary to Article 302 of the Labor Code) and delivery from there to rotational camps (see commentary to part 3 of this article ).
8. The term "impossibility", used in Part 1 of Art. 297 to characterize the daily return of workers to their place of permanent residence, does not quite accurately take into account the specifics of the shift method.
In many cases, it is objectively possible to organize the daily return of workers to their place of permanent residence. For example, if the travel time in one direction is 5 hours by plane (10 hours with a return return), then with a work shift of 10 hours (which is often on a rotational basis), the employee will have only 4 hours of rest per day (24 - 10 - 10), which is clearly not enough to restore strength and comply with the legislation on rest time.
It would be more correct to speak here about the "impossibility or inexpediency" of a daily return, which is the basis of the long-term practice of applying the rotational method.
9. The impossibility (inappropriateness) of the daily return of workers to their place of permanent residence, which is referred to in Part 1 of Art. 297, in some cases it is obvious (for example, with an interregional shift method, when it often takes more than half a day to travel one way), and in others it is determined when switching to a shift method, based on local conditions, the mode of transport and the availability of appropriate means of communication.
In the normative plan, the time period spent daily on a trip from the place of permanent residence to the place of work and back, in the presence of which a rotational method could be introduced, was determined as a period of more than three hours for construction and installation trusts and organizations equated to them (Decree of the USSR State Committee for Labor, All-Union Central Council of Trade Unions and the USSR Ministry of Health of April 5, 1988).
This approach is also applicable to other organizations using the rotational method.
10. All employees of a given organization, as well as individual units or groups of them (teams, workshops, columns, parties, only units of the main or production personnel, etc.) can work on a rotational basis.
11. The place of work under the rotational method, in contrast to the general rule, is not the location of the employer (a certain locality or settlement according to the existing administrative-territorial division), but the objects (sites) where direct labor activity is carried out (clause 1.1 of the Basic Provisions) and which can sometimes be thousands of kilometers away from the employer's location.
12. The place of work with a rotational method very often has one more feature - the periodic relocation of objects (sites) of work, for example, the transition to the construction of a new facility, drilling the next well.
This feature is taken into account in paragraph 1.1 of the Basic Provisions, which stipulates that the movement of employees in connection with a change in the location of objects (sites) of work is not a transfer and does not require the consent of employees.
13. Although work on a rotational basis is associated with regular trips outside the permanent place of residence, it is not a business trip and there are no special rules established for business trips (terms, execution, availability in certain cases of the consent of the employee, etc.) by law , in particular Art. Art. 166 - 168 of the Labor Code, and the norms of Ch. 47 on the features of the regulation of the work of shift workers.
This is directly stated in clause 1.1 of the Basic Provisions.
After the words "from the place" it is supplemented by the words "permanent residence of workers or place";
At the end of the part, the phrase "as well as for the purpose of carrying out other production activities" is supplemented.
The first change of Part 2 of Art. 297 of the Labor Code took into account the prevailing realities in the application of the rotational method, when the place of permanent residence of employees and the location of the employer do not coincide.
For example, if the employer is located in the Far North, in Urengoy, the place of permanent residence of employees may be thousands of kilometers away - in the Tyumen, Kurgan regions and other regions, from which employees arrive at a collection point determined by the employer (for example, in the city of Tyumen ), from where they are delivered to Urengoy to perform work on a rotational basis.
The second change, Part 2, Art. 297, to a certain extent, eliminated the shortcoming of the previous edition, which, in fact, limited the use of the rotational method only to the sphere of construction, repair or reconstruction and contradicted many years of established practice.
Now part 2 of Art. 297 defines the purposes of applying the rotational method:
Reducing the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions;
Carrying out other production activities.
Thus, the last phrase of Part 2 of Art. 297 legalized the use of the rotational method in all sectors of the economy, but only in the implementation of production activities.
Nevertheless, this rule needs to be further improved, since it does not take into account established practices (including those regulated in by-laws, in particular in the Basic Provisions) and does not cover non-productive activities (trade, public catering, communications, transport, medical care, etc.), which often take place on a rotational basis and are aimed at ensuring production activities.
A good option to eliminate this shortcoming would be the adoption in the Labor Code of the norm of clause 1.3 of the Basic Provisions on the use of the rotational method "when it is inappropriate to perform work by conventional methods", or, in other words, due to the greater efficiency of the rotational method compared to conventional methods.
15. At its core, Part 2 of Art. 297 of the Labor Code supplements the concept of the rotational method given in part 1 of the same article with two more characteristics, pointing to:
The fact that this method of organizing labor is not applied in all cases of performing work outside the place of permanent residence of employees, but only when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer;
Purpose of the shift method.
16. Determination of the expediency (effectiveness) of the use of the rotational method is the prerogative of the employer, which is usually preceded by justification by the relevant technical and economic calculations.
Clause 1.4 of the Basic Provisions provides, in particular, that:
The expediency of using the rotational method at construction sites is substantiated by technical and economic calculations in the development of projects for the organization of construction and other design and technological documents;
Additional costs of construction and installation trusts and organizations equated to them, associated with the implementation of work on a rotational basis, are included by the customer enterprise and the design organization in the construction estimate when determining the contractual price for construction objects;
Specific volumes and types of work to be performed on a rotational basis are determined by the contractor and the customer when concluding construction contracts, and for subcontractors - when concluding subcontracts;
In the same manner, funds are provided for reimbursement of additional costs associated with the use of the rotational method, trade organizations, public catering, health care institutions and others that are entrusted with servicing teams working on a rotational basis.
17. Considering that the commented specificity of legal regulation is based (based on the title and content of Chapter 47) on the features of the rotational method as a way of organizing work, the List of enterprises, organizations and facilities at which the rotational method can be applied, approved by the Decree of the State Committee for Labor, is no longer valid. USSR, All-Union Central Council of Trade Unions and the USSR Ministry of Health of December 31, 1987 N 794 / 33-82.
18. Part 3 of Art. 297 of the Labor Code regulates issues related to shift camps. It was supplemented by the Federal Law of June 30, 2006 with the words "either in dormitories adapted for these purposes and paid at the expense of the employer, or in other residential premises." Thus, practical situations were taken into account when the employer does not himself create shift camps, but uses, on the basis of relevant civil law contracts (rent, etc.), for the accommodation of shift workers, residential premises belonging to other legal entities and individuals.
From the new edition of Part 3 of Art. 297 of the Labor Code also follows that in the latter case, payment for accommodation should be made not by employees, but by the employer.
19. Organizations of shift camps referred to in Part 3 of Art. 297 of the Labor Code are specially devoted to paragraphs 3.1 - 3.6, 6.1, 8.2, 8.5 - 8.6 of the Basic Provisions. In particular, they provide for the following:
A) shift camps are intended not only to ensure the life of workers, which is directly drawn attention to in Part 3 of Art. 297, but also to provide maintenance of construction and special equipment, vehicles, storage of inventories;
B) the construction of shift camps is carried out according to standard or individual projects, including the master plan of the camp with reference to the terrain, the composition of the premises, electricity, water and heat supply, postal and telegraph communications, the scheme of access roads and the runway, the rationale for the method of personnel delivery , proper organization of food, recreation and leisure, medical, commercial and cultural services for residents;
C) a mandatory requirement when choosing a location for a shift camp is the all-round reduction in the travel time for employees from their place of residence in the shift camp to their place of work and back. For example, in geology, the distance from the shift camp to the work site should not exceed 1 km (15 minutes on foot);
D) the administration of shift organizations approves the internal service schedule for all residents of the given settlement. Considering that this procedure is inherently part of the internal labor regulations, due to the specifics of the rotational method (restrictions in choosing a place to use rest time, etc.), the employer is obliged to approve it, taking into account the opinion of the representative body of the organization's employees (see Art. article 190 and 372 of the Labor Code);
E) technical and household maintenance of rotational camps is provided, as a rule, by the corresponding shift staff;
E) those living in shift camps are provided with three daily hot meals for a fee;
G) the administration of rotational organizations, together with healthcare institutions, organizes medical assistance to the teams of rotational camps, staffing them with medical and pharmaceutical personnel, medicines and medical equipment, and ensures the evacuation of the sick.
20. Part 3 of Art. 297 of the Labor Code defines the intended purpose of shift camps - ensuring the life of shift workers during their work and between shifts.
In practice, shift camps sometimes have other names (field towns, bases, sub-bases, etc.), however, the decisive factor for classifying them as shift camps is not the name, but the above purpose.
21. Taking into account the intended purpose, shift camps cannot be considered a place for permanent residence and normal rest due to the lack of the necessary conditions for this.
Thus, with the rotational method, employees are limited (in contrast to the general rule - see Article 106 of the Labor Code) in the use of certain types of rest time at their own discretion.
This restriction concerns the choice of a place for using other types of rest, other than between shifts (between shifts, vacations, etc.) - you can choose any place, except for a rotational camp.
Clause 3.6 of the Basic Provisions also proceeds from this approach, which provides that accommodation in shift camps of shift (shift) personnel during the period of rest between shifts is prohibited.
22. It is obvious (although part 3 of article 297 of the Labor Code does not mention this) under certain circumstances (for example, when the object of work is located in close proximity to the shift camp) in these camps, workers can use such a type of rest time as breaks during the working day or shift (for rest and food, heating, etc. - see the commentary to part 1 of article 299 of the Labor Code).
23. Federal Law of June 30, 2006 Art. 297 of the Labor Code was supplemented with a new part 4 of the following content:
"The procedure for applying the shift method is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization in the manner prescribed by Article 372 of this Code for the adoption of local regulations."
Thus, the specifics of the shift method were taken into account even more, the application (introduction) of which affects the essential interests of employees due to the use of more intense work regimes, regular trips, outdoor recreation, etc.
It is obvious that the decision to switch to the rotational method (its introduction) belongs to the "master's power" of the employer, however, due to the impact on the essential interests of workers, the procedure for applying this method should be approved taking into account the opinion of the employee's representative - the elected body of the primary trade union organization.
New Part 4 Art. 297 of the Labor Code does not require that the very decision to introduce a rotational method be made taking into account the opinion of the elected body of the primary trade union organization, it only talks about the procedure for applying the rotational method. Therefore, it is possible to issue an order (instruction) of the employer on the introduction of a rotational method, indicating that the procedure for applying the rotational method is regulated in a regulation approved by the employer, taking into account the opinion of the elected body of the primary trade union organization.
24. If the procedure for switching to a rotational method was determined in a collective agreement or agreement, subject to obtaining the consent of the elected trade union body (which is more beneficial for the trade union and workers), then this condition is subject to mandatory execution, because the decision here was made not by the legislator, but by the parties to the agreement ( agreements).
25. In ch. 47 of the Labor Code, consideration of the opinion of the elected body of the primary trade union organization is provided not only in Art. 297, but also in three other cases:
Directly in Art. 299 - with an increase in the duration of the watch up to three months and Art. 302 of the Labor Code - when regulating the allowance for work on a rotational basis by employers who are not related to the public sector;
Indirectly, Art. 300 of the Labor Code, which, in combination with Art. Art. 104 and 190 of the Labor Code determines the procedure for establishing the summarized accounting of working hours used in the rotational method;
Directly in Art. 301 upon approval of the shift work schedule.
Such "plurality" can be avoided if, on the basis of paragraph 2 of the Decree of the USSR State Committee for Labor dated December 31, 1987 N 794 / 33-82, the provision on the rotational method as a local regulatory act is approved, in which, with one interaction between the employer and the trade union, it is possible to settle all issues affecting the essential interests of employees.
It is logical to make this provision an annex to the collective agreement.
26. In the absence of an elected body of the primary trade union organization, the employer has the right to determine the procedure for applying the rotational method independently - by order, order or other local document, and best of all in the regulation on the rotational method.
27. When switching to a shift method, in comparison with conventional methods of work, a number of organizational, sometimes technological working conditions change (regular trips over long distances to the place of work and back, between shifts and weekly rest not at home, but in rotational camps, the use of summarized accounting of working time, etc.), which entail a change in the relevant terms of the employment contract, previously determined by its parties. In such cases, the employer must comply with the rules provided for in Art. 74 (notification no later than two months, etc.).
If the employee refuses to continue working due to a change in the terms of the employment contract determined by the parties, the dismissal is carried out under paragraph 7 of part 1 of Art. 77 TK.
28. Sometimes, in practice, the transition to a rotational method is accompanied by a change in the location (transfer to another area) of the employer himself.
In such cases, there is a transfer, which can be made only with the consent of the employee (see part 1 of article 72.1).
If the employee refuses to be transferred to another locality together with the employer, then the dismissal is carried out under paragraph 9 of part 1 of Art. 77 TK.
29. The working conditions that determine the nature of work on a rotational basis differ significantly from those that occur when using conventional methods of work, therefore they must be reflected in the employment contract in accordance with par. 8 h. 2 tbsp. 57.
In practice, these conditions, if they are regulated in local regulations (for example, the regulation on the rotational method in a given organization), are usually fixed in a generalized form - by indicating that the employee has been accepted to perform work on a rotational basis.
30. In accordance with clause 2.4 of the Basic Provisions, in all cases when work is performed on a rotational basis, in the work book in column 3 of the "Information about work" section, it is indicated that the work is performed on a rotational basis.
31. A fixed-term employment contract for work on a rotational basis can only be concluded in the cases provided for in Art. 59 TK.
One of such cases, which is quite widespread in practice, is the conclusion of a fixed-term employment contract by agreement of the parties with persons entering work in rotational organizations located in the Far North and equivalent areas, if this is associated with moving to the place of work.
The shift method is widely used in many extractive industries of the economy and has a number of features. In the article, we will tell you how to properly organize work, how to issue an order and a schedule so that the employer is not fined. Download sample documents.
From the article you will learn:
Rotational method of work: what is it, types, features
The interpretation of the term "shift method of work" of the Labor Code of the Russian Federation is given in Art. 297. With such an organization of labor, employees perform their labor duties outside their place of permanent residence and cannot return home every day. At the same time, the employer is obliged to create certain conditions for the performance of work and the organization of recreation, sanitary equipment, and medical care in order to minimize the negative impact on workers of hazardous production, incl. and psychological factors.
The shift method (hereinafter referred to as CM) is a necessity in geographically and climatically unfavorable places for living, in the regions of the Far North, in sparsely populated and practically uninhabited areas - in the mountains, tundra, forest, swamps, and in other extreme conditions. It is applicable to extractive raw materials production in oil and gas production, as well as in the extraction of other fossil resources, which are located in remote places in our country, for example, or abroad.
Also, VM is used when, according to production conditions, it is necessary to reduce the time of construction of industrial facilities, transport and urban infrastructure, for example, during the planned construction of a metro line, a railway section, when it is not possible to deliver workers every evening from work, and in the morning to workplaces.
Often, large chain supermarkets, which experience difficulties in recruiting personnel in capital cities, resort to such an organization of labor. To do this, they attract workers from other regions of the Russian Federation.
The work regime with the rotational method is not considered a business trip, therefore, the employee is not issued travel allowances. In return, the employee receives a compensatory allowance.
If the enterprise has decided to implement a VM, this must be justified in the project. According to, the employer does not have the right to worsen the current situation of employees. Therefore, the shift, as a rule, is accepted by new personnel, for whom such a provision is not discriminatory. The project must take into account the rules on labor protection,. The decision on VM must necessarily be agreed with the trade union committee (or similar body).
Regulations on the shift method of work 2019 (sample)
Before the shift, all employees are required to undergo an in-depth medical examination according to. In the direction for a physical examination indicate all the factors that have been identified or AWP. It is mandatory to conduct a mandatory psychiatric examination before the medical examination. Mentally ill people, as well as persons in borderline conditions, must not be allowed to perform duties in cramped conditions of production and recreation. The presence of one mentally unbalanced person can lead to an accident or an accident.
In the order for employment, indicate the place of collection and make a note about the VM. Also, an indication should be made in the work book. It is impossible to register for VM future mothers who have already established the gestational age, mothers of young children (under 3 years old), as well as persons under the age of 18 who have temporary or persistent contraindications to work in such conditions.
Order on the shift method of work (sample)
Delivery of workers to the place of work is carried out by vehicles specially adapted for this purpose. It expressly states that it is prohibited to transport people in cars and railway cars unsuitable for this. Therefore, it is impossible to use fuel trucks, trucks, mail cars and other vehicles that are not equipped with passenger seats or places to rest for delivery to and from the shift.
Rest after a day's work should provide not only for the creation of sanitary conditions for preparing hot meals and for sleeping, but also for cultural development. In this case, it is necessary to provide shift workers with films, books, hold film screenings, exhibitions or concerts for them, as well as other events that contribute to psychological relief. Alcoholic parties should be strictly prohibited. The possibility of acquiring alcohol must be reduced to zero. Smoking areas are equipped in accordance with the requirements of PPR No. 390, outside production areas and premises.
Travel time from the shift to the place of assembly or work, including delays due to transport failures, is paid according to the official salary. In this case, the time from the place of collection to the place of residence is not subject to payment. If, for any good reason, the employee gets to the shift on his own, and not by the provided transport, these expenses must be reimbursed to him as travel expenses.
Increasing coefficients are applied to the salary of shift workers for work in special conditions (in high mountains, waterless, desert areas), as well as a regional coefficient. This coefficient is calculated from the first day of performance of duties in the relevant area. An allowance is paid for each day of shift. Its size is established in the collective agreement, as well as in the regulatory legal acts of the Russian Federation, for example, in. The amount of the allowance can be 75% of the salary in the regions of the Far North and equivalent regions, 50% in the regions of Siberia and the Far East, at least 30% in other regions.
Insurance premiums and personal income tax are not charged from the payment of the allowance for VM, since it is compensatory. The NTP Department of the Ministry of Finance of the Russian Federation gave such an explanation in its letter dated November 24, 2017 No. 03-04-06 / 78086.
Norm and summarized accounting of working time with a rotational method of work
The period of accounting for working hours in case of summarized accounting can be from 1 month to 1 year, this is indicated in part 1. At the same time, workers with harmful or dangerous working conditions cannot be on shift for more than three months (Article 104 of the Labor Code).
The period of accounting for RV includes not only the main time, but also rest, as well as the road to the place of organized gathering and back. It is forbidden to exceed the norm of hours in comparison with the normal length of the working day established for workers of the relevant professions and industries. Accounting for waste RV is carried out daily in the report card.
The work schedule is drawn up in advance - in the fourth quarter for the next calendar year. The employer approves it after the mandatory agreement with the elected body of employees. If there is no such body, the use of VM is prohibited. After signing the order by the head, each shift worker must put his own signature and the date of familiarization. Staff should be familiarized with the schedule at least 2 months in advance.
Shift work schedule (sample)
The duration of a shift at VM cannot be more than 12 hours. Recycling is allowed only in exceptional cases. The time of this processing is taken into account separately and must be added to the time of additional days for vacation in the period between shifts.
The employee is entitled to a maximum of two hours. A break in order to warm up in a cold room in a warm room or escape from the heat in a cool room in the summer is also included in the working time.
Shift workers are entitled to increased vacation time. First of all, they must rest for the days they have worked, then they are given annual and additional paid holidays.
AGREED APPROVED Chairman of the primary ___________________________ (name of employer) trade union body ___________________________ _______________________ _____________________ "___" ___________ ___ "___" ___________ ___
REGULATIONS on the rotational method of work 1
1. GENERAL PROVISIONS
1.1. The Regulations on the rotational method of work (hereinafter referred to as the "Regulations") were developed in accordance with the Labor Code of the Russian Federation and the Decree of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 N 794 / 33-82 "On approval of the Basic Regulations on the rotational method of organizing work" .
1.4. Employees under the age of eighteen, pregnant women and women with children under the age of three, as well as persons who have contraindications to work on a rotational basis in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
1.5. Issues related to the use of the rotational method and not specified in these Regulations are resolved in accordance with applicable law.
2. ORGANIZATION OF WORK
2.1. The organization of work on a rotational basis should ensure the rhythm, continuity, and complexity of performing work at facilities (sites).
2.2. The recruitment of rotational (shift) personnel is provided by employees with their consent, who are on the staff of _____ "_______________" (hereinafter referred to as the "Employer"), who do not have medical contraindications for performing work by the specified method and living in the locations of these enterprises.
2.3. Delivery of employees to the shift is carried out in an organized manner from the location of the Employer or from collection point 1 to the place of work and back by economically viable modes of transport on the basis of long-term contracts concluded by the Employer with transport organizations. Transport belonging to the Employer may be used to deliver employees.
1 The collection point is set by the Employer.
2.4. The shift is considered the total period, including the time of work at the facility and the time between shifts of rest.
2.5. The duration of the watch should not exceed one month. In exceptional cases, at certain facilities, the duration of the shift may be increased by the Employer up to three months, taking into account the opinion of the elected body of the primary trade union organization (hereinafter referred to as the "trade union committee") in the manner prescribed by the Labor Code of the Russian Federation, local regulations of the Employer.
2.6. When concluding (changing) an employment contract with an employee involved in work on a rotational basis, the features of the rotational method (mode of work and rest, duration of the accounting period, wage conditions, provision of benefits, compensation, etc.) are reflected in the employment contract and order .
2.7. Employees involved in work on a rotational basis, while at the work site, live in shift camps specially created by the Employer, which are a complex of buildings and structures designed to ensure the vital activity of these workers during the performance of work and inter-shift rest (or in those adapted for these purposes and paid at the expense of the Employer hostels, other residential premises).
2.8. Accommodation of shift (shift) personnel during the period of rest between shifts in shift camps is prohibited.
2.9. Employees living in shift camps are provided with transport, trade and consumer services, as well as three daily hot meals.
3. ACCOUNT OF WORKING TIME. MODES OF WORK AND REST
3.1. With the rotational method of work, a summarized accounting of working time for a month (a quarter or for another longer period, but not more than a year) is established.
The accounting period covers all working time, travel time from the location of the Employer or from the collection point to the place of work and back, and the rest time falling on this calendar period of time.
3.2. The Employer maintains a special record of working time and rest time for each employee by months and on an accrual basis for the entire accounting period.
3.3. Working time and rest time within the accounting period are regulated by the shift work schedule, which is approved by the Employer in agreement with the relevant trade union committee, as a rule, for a year and is brought to the attention of employees no later than two months before its entry into force. The schedules also provide for the days needed to transport workers to and from the shift.
The duration of daily work (shift) should not exceed 12 hours.
3.4. The duration of the daily (between shifts) rest of employees, taking into account lunch breaks, can be reduced to 12 hours. In this case, the hours of daily (between shifts) rest, as well as days of weekly rest, underused in this case, are summed up and provided in the form of additional days free from work (days of rest between shifts) during the accounting period. The number of days of weekly rest in the current month must not be less than the number of full weeks of this month. Weekly rest days can occur on any day of the week.
For employees who left before the end of the accounting period, the date of dismissal, with their consent, may be indicated taking into account the due days of rest between shifts.
3.5. The normal number of hours that an employee must work in an accounting period is determined based on a six-day work week and a work shift of 7 hours and a six-hour work shift on pre-weekends and pre-holidays (with a 41-hour work week). At the same time, at work with harmful working conditions, the norm of working time is calculated on the basis of the reduced working time established by labor legislation.
3.6. Each day of rest in connection with the processing of working time within the schedule of work on a shift (day of rest between shifts) is paid in the amount of the daily tariff rate, the daily rate (part of the salary (official salary) for the day of work) 1 .
1 Higher pay may be established by a collective agreement, local regulation of the employer or employment contract.
3.7. Overtime working hours within the shift work schedule, which are not multiples of a whole working day, can be accumulated during a calendar year and summed up to whole working days with subsequent provision of additional days of rest between shifts.
4. GUARANTEES AND COMPENSATIONS FOR PERSONS WORKING ON A CRASH METHOD
4.1. Employees performing work on a rotational basis, for each calendar day of stay in the places of work during the period of rotation, as well as for the actual days spent on the road from the location of the Employer (collection point) to the place of work and back, are paid instead of the daily allowance for the rotational method of work .
The allowance for the rotational method of work is paid in the amount and in the manner established by the collective agreement (local regulation, labor contract).
4.2. For each day on the way from the location of the Employer (collection point) to the place of work and back, provided for by the shift work schedule, as well as for days of delay on the way due to meteorological conditions or the fault of transport organizations, the employee is paid a daily tariff rate, part of the salary ( official salary) per day of work (daily rate).
4.3. Annual leave for employees employed on a rotational basis is provided in accordance with the established procedure after using days of rest (time off).
4.4. If an employee is simultaneously entitled to annual leave not used in due time, then he can receive them with subsequent dismissal after the end of the inter-shift rest. In this case, the date of dismissal will be the last day of vacation.
4.5. If the end of the employee's annual leave falls on the days of inter-shift rest of the team in which he works, then the employee before the start of his shift shift may be:
4.5.1. Transferred due to operational necessity in order to prevent downtime that arose for organizational reasons, to another job according to the rules of Art. 72.2 of the Labor Code of the Russian Federation.
4.5.2. Moved to another watch shift (another structural unit) in accordance with Part 3 of Art. 72.1 of the Labor Code of the Russian Federation.
4.5.3. Unpaid leave may be granted by agreement between such employee and the Employer.
4.6. The employer decides with the health authorities at the location of the enterprise the issue of attaching employees to medical institutions for their medical support (medical units or territorial clinics) and for medical examinations, ensures and is responsible for the timely and organized attendance of employees for medical examinations and surveys.
4.7. 2 - 4 days before being sent to the rotational camp or to the facility (site), workers should be examined by a therapist of the workshop site or in a polyclinic at the place of residence. The Employer controls these inspections.
I am familiar with this Regulation _____________/_________________/
1 Features of labor regulation of persons working on a rotational basis are regulated in Chapter 47 of the Labor Code of the Russian Federation.
Added to site:
1. General Provisions
1.1. This Regulation governs relations related to the implementation of the labor process outside the place of permanent residence of employees, when their daily return to the place of permanent residence cannot be ensured - organization of work on a rotational basis.
1.2. This Regulation on the rotational method of organizing work applies to: [indicate the names of the structural divisions of the enterprise / positions of involved employees].
1.3. This Regulation has been developed in accordance with the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Basic Provisions on the rotational method of organizing work, approved. Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR of December 31, 1987 N 794/33-82 and other regulatory legal acts that determine the cases and features of the processing of personal data.
1.4. The place of work under this Regulation is considered to be the objects where direct labor activity is carried out [indicate the names of the positions of the involved workers]. The movement of attracted employees in connection with a change in the location of the objects of work is not considered a transfer to another job and does not require their consent. The assignment of specialists to a shift is not a business trip.
1.5. According to these Regulations, a shift is a general period, including the time for performing work at the facility and between shifts of rest in the shift camp.
1.6. The duration of the shift does not exceed 1 (one) month. In exceptional cases, the duration of the shift may be increased, but not more than up to 3 (three) months.
Exceptional cases include: [fill in what is needed, for example, non-arrival of shift (shift) personnel].
1.7. Involved workers during their stay at the facility live in the established [indicate the name of the organization] shift camps (field camps).
1.8. Work on a rotational basis is organized according to a special regime of work and rest, based on the summarized accounting of working time. Rest between shifts is provided in the places of permanent residence of the involved employees.
1.9. Issues related to the use of the rotational method of organizing work and not specified in these Regulations are regulated by the parties in accordance with applicable law.
2. Organization of work
2.1. The organization of work under this Regulation ensures the rhythm, continuity, and complexity of performing work at the facilities.
The work is carried out by enlarged teams using contractual principles of organization and remuneration and ensures the continuity of rotational personnel, the safety of material assets.
2.2. Rotational personnel are recruited by workers with their consent, who are employed by [insert the name of the enterprise], who do not have medical contraindications to perform work and live in the location of the enterprise.
Under this Regulation, workers under the age of 18, pregnant women and women with children under the age of one and a half years cannot be involved in shift work.
2.3. Delivery of workers to the shift is carried out [organized from the location of the enterprise (or from the collection point) to the place of work and back / independently at the expense of the enterprise].
2.4. Travel of workers from their place of permanent residence to the collection point and place of work (facility) and back is paid for by [insert name of the enterprise].
3. Organization of shift camps
3.1. Shift camps built according to [standard / individual] projects, including the general plan of the camp with reference to the area, are a complex of residential, cultural, household, sanitary and utility buildings and structures designed to ensure the livelihoods of involved workers during their vacation on shift, as well as maintenance of construction and special equipment, vehicles, storage of inventories.
3.2. Responsibility for the maintenance of shift camps, the organization of consumer services, political and educational and cultural work with residents rests with the administration and the trade union committee [indicate the name of the enterprise], and the internal service routine for all residents of the shift camp is also approved.
3.3. The design of the shift camp is coordinated with the relevant trade union committee and state sanitary and fire supervision authorities and approved by the head of [indicate the name of the enterprise].
3.4. The readiness of the shift camp for its transfer to operation is determined by the commission. The act of the commission on the acceptance of the camp for operation is approved by the head of [indicate the name of the enterprise].
3.5. Accommodation of shift personnel during the period of rest between shifts in shift camps is prohibited.
3.6. Payment for accommodation during the shift period is not charged to those working on a rotational basis.
4. Mode of work and rest. Time tracking
4.1. Working time and rest time within the accounting period is regulated by the shift work schedule approved by the administration of [indicate the name of the enterprise], taking into account the opinion of the elected body of the primary trade union organization in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations, and is brought to the attention of employees no later than two months before its entry into force.
4.2. The specified schedule provides for the time required for the delivery of workers to the shift and back. Days spent on the way to the place of work and back are not included in working hours and fall on the days of rest between shifts.
4.3. The duration of working hours for the accounting period should not exceed the normal number of working hours established by Art. 91 of the Labor Code of the Russian Federation.
4.4. Each day of rest in connection with the processing of working time within the schedule of work on a shift (day of rest between shifts) is paid in the amount of the daily tariff rate, the daily rate (part of the salary (official salary) for the day of work).
5. Pay. Benefits and compensation
5.1. Remuneration is made for [amount of work performed according to consolidated, complex and other applicable standards and rates / all hours actually worked in hours based on the established tariff rates of the assigned categories / actually worked according to the schedule (in hours) based on the established monthly official salaries (hourly the rate is determined by dividing the monthly official salary by the number of working hours according to the calendar of the billing month) / actual hours worked (in days) based on the established monthly official salaries].
5.2. Bonuses for employees are carried out with the provision on bonuses, while the bonus is accrued on wages without taking into account the payment of days of rest between shifts.
5.3. [District/for highlands/desert/waterlessness] coefficients are applied to the wages of all employees in the amounts established by [fill in as appropriate].
5.4. Days of rest (days off) in connection with work in excess of the normal working hours in the accounting period within the limits of the shift work schedule are paid in the amount of the tariff rate, salary (without applying the prescribed coefficients) received by employees by the day the rest (day off), based on [value] - hourly working day.
Overtime working hours that are not multiple of whole working days ([value] of hours), according to this Regulation, are accumulated during the calendar year up to whole working days, with subsequent provision of paid days of rest between shifts. In case of dismissal or expiration of the calendar year, the specified hours are paid at the rate of the tariff rate (salary).
5.5. Overtime work is paid as overtime.
5.6. For the days on the way from the location of the enterprise (collection point) to the place of work and back, provided for by the shift work schedule, as well as for the days the employees are delayed on the way due to meteorological conditions and the fault of transport organizations, the employee is paid a daily tariff rate, a salary based on [ value]-hourly working day. In cases of delay of rotational (shift) personnel on the way, compensation to employees for the costs of renting a dwelling is carried out in relation to the norms provided for by the legislation on business trips.
5.7. In cases where the employee, for good reasons, did not arrive in time at the collection point for rotational (shift) personnel and went to the work site on his own, the administration of the enterprise reimburses him for transportation costs in relation to the norms provided for by the legislation on business trips.
6. The procedure for providing guarantees and compensations provided for by the current legislation
6.1. Annual leave is granted to employees in accordance with the established procedure after the use of rest days (days off).
6.2. If the end of the employee's annual leave falls on the days of inter-shift rest of the team in which he works, then the employee is given another job at the enterprise before the start of the shift, while maintaining the average earnings from the previous job.
By agreement of the parties, the issue of granting this employee unpaid leave may be resolved.
6.3. In the event of temporary incapacity for work for workers performing work on a rotational basis, during the period of rest (time off) provided to them, benefits for days of incapacity for work that coincided with days of rest are not issued. If temporary incapacity for work continues after the end of the period of rest, the benefit is issued from the day on which the employee must start work. In this case, the allowance is issued for working hours missed due to incapacity for work, according to a schedule drawn up within the limits of the norm of working hours established by law.
7. Organization of medical care
7.1. The administration of the enterprise, together with healthcare institutions, organizes medical assistance to the teams of rotational camps, staffing them with medical and pharmaceutical personnel, medicines and medical equipment, and ensures the evacuation of the sick.
7.2. Preliminary medical examinations of persons sent to work on a rotational basis upon admission to work are carried out in a medical institution at the place of residence of the employee with the obligatory issuance of a conclusion to the hands of the subject.
7.3. 2-4 days before being sent to the shift camp or to the facility, employees are examined by a site therapist or at a polyclinic at the place of residence, control over the passage of these examinations is carried out by the administration of the enterprise - [position, full name].
7.4. The health authorities and institutions on whose territory the shift camps are based, as well as facilities (sites), provide medical care to shift workers, organizing paramedical stations in them in accordance with the current legislation of the Russian Federation.
Head of structural unit
[signature]
[day month Year]
Agreed:
[official with whom the regulation is agreed]
[signature]
[day month Year]
Head of the legal department
[signature]
[day month Year]