Work on a shift is especially popular in Russia. Entire sectors of the economy are functioning, relying heavily on such a format of labor relations. Shift method of work - what is it? What are the features of its legislative regulation? Do shift workers have certain preferences regarding the implementation of their labor rights?
What is shift work ?
The shift method of work implies the exercise of labor functions by a person outside his permanent place of residence. As a rule, on a periodic (seasonal) basis. Traditionally, the rotational method of work is characteristic of such areas as oil and gas production, logging, development of precious metal deposits, and fishing. The implementation of labor functions in this format is governed by certain provisions of the Labor Code of the Russian Federation.
Attractive salary
One of the reasons for the popularity of shift work is the high salary. In some cases, it is several times higher than the average for the same position in the city of permanent residence of the shift worker. Especially if it is a shift work in the North, in difficult climatic conditions. In many cases, the salary, the magnitude of which is already quite impressive, is supplemented by "polar" and other kinds of allowances. As a result, earnings become even greater.
It should be noted that shift work is not always associated with a trip to the North. For example, in this format, many labor contracts were concluded during the preparation of the Olympics in Sochi. In the place where many people go in order to thoroughly spend money and not make money. Of course, fascinating trips to other interesting places of Russia are possible.
Working conditions
Is it easy to get a job on a rotational basis? There is an opinion that is not very. Nevertheless, the salary, despite the difficult working conditions, is the factor that causes significant competition for shift jobs. Most companies employing people in this format put forward fairly stringent criteria for candidates. Health is checked, conversations are conducted with the person regarding his real readiness to work in the anticipated conditions.
It is known, for example, that in the circumpolar zones there is a much lower percentage of oxygen in the air than, say, in the middle band. A person should understand, choosing the shift method of work, what it is. And objectively assess their capabilities in terms of compliance with such a format of labor.
Residence
It is assumed that the shift method of work implies difficult conditions not only in terms of climate, but also of living. Everything, however, depends on the criteria by which to assess the comfort of life. As a rule, shift workers have at their disposal, though small in area, but fairly equipped resources for living. Modern modular designs allow the employing company to quickly build housing with an acceptable infrastructure: plumbing, electricity, heating. In the structure of residential premises for shift workers, as a rule, there are dining rooms, leisure rooms, and the ability to access the Internet. The law requires the employing company to reduce the time it takes for employees to travel from the place of residence to the facility where the work is supposed to be performed.
At the same time, the shift housing complex is checked by a special commission before putting it into practical operation. It consists of representatives of the employing company, officials of the municipality in whose territory the shift will operate, in some cases union employees, and specialists from various public services. Upon verification, an act of acceptance of the complex into operation is delivered. In a shift camp, it is assumed that not only employees will be accommodated, who will perform targeted labor functions, but also staff. In this case, as soon as the season of work is completed (the objects are erected), everyone should leave the housing complex. A variant is possible in which work on a rotational basis with accommodation is organized without the construction of a separate complex. The employer in this case places people in hotels or corporate apartments.
Types of Shifts
There are two main options for organizing shift work. Firstly, it is an intra-regional format. He assumes that the duration of the shift work is rather short, of the order of a week, and the object at which the work is being carried out is located relatively close (in the same region), where the city of permanent residence of employees is. Secondly, it is an interregional shift, sometimes called expeditionary. Duration of work here, as a rule, is much longer, as well as the distance from the cities of residence.
Difference of a watch from a business trip
There is a misconception that shift is a type of business trip. This is not true. The fact is that the person who is sent by the employer on a business trip carries out a service assignment.
In this case, payment occurs, as a rule, within the framework of the current salary and allowances. In turn, the shift method of organizing work implies that a person travels to a remote facility in order to fulfill not a task, but a separate labor function. In the second case, a separate contract is often concluded in which the salary and other working conditions are fixed. During business trips, as a rule, changes to an already signed employment contract are not made.
The laws
Actually, on legal regulation. As we said above, the main source that normalizes shift work is the Labor Code. It has sections that contain special formulations adapted to this format of employment. We will study them. It is believed that the shift method of work in Russia has largely become popular not only because of the high salary, but also because of the provisions of the labor law that are loyal to hired employees. Is it really? Shift method of work - what is it from the point of view of specialized sources of law?
The norms in question are mainly set out in article 47 of the Labor Code of the Russian Federation. First of all, there are general provisions regarding the regulation of labor on a rotational basis. In particular, a definition of this format of work is given. According to the legislator, the shift method is a specific type of labor process, provided that the place of work does not coincide with the city of residence of the employees, and their return there on a daily basis cannot be ensured. This method of employment is used by companies, if you follow the wording of the Labor Code, in order to optimize the timing of the necessary work, such as construction, reconstruction or repair in areas characterized by special environmental conditions. It is also possible that the shift method of work is a way to reduce the corresponding costs when the enterprise carries out production activities.
Work schedule
The work regime within the shift, as noted in a number of comments to the Labor Code, may differ significantly from the standards prescribed in the Code. Among lawyers, there is an opinion that the rights of people working in the framework of the format in question are adequately protected, and especially in terms of the organization of the regime. Is it really? Shift method of work - what is it: constant hard work or a well-balanced mode of people performing their duties?
As a rule, working hours are taken into account by summing the hours, and the main rest is expected after the shift workers return to their homes. The place of work is recognized as an object where people carry out their direct labor functions. At the same time, if a periodic relocation from place to place is required due to a change in the specific location of tasks, this is not considered a transfer of an employee from one organization to another, and does not require written consent from employees. For example, work on a rotational basis in the North often involves the movement of labor collectives between different fields, or, if it is road construction, movement in the direction of the constructed highway.
Schedule
The work schedule is one of the most important local documents that regulate the implementation of labor functions by shift workers within the limits of being at the facility. Therefore, when approving it, the employer must coordinate the provisions of this source with the opinion of employees (as a rule, in the person of a trade union organization representing people). The main document in which the schedule is documented is the Regulation on the shift method of work, which bears the status of a local regulatory act.
What are the main criteria by which the employer company should be guided by the law when drafting the document in question? The Labor Code of the Russian Federation prescribes that the total duration of working hours for a period of people on a shift not exceed the standard number of hours provided for by the Code. Moreover, the maximum duration of one shift can be 12 hours. The number of days off cannot be less than the number of weeks in a month. It is permissible, however, that the corresponding days of rest will be provided unevenly - the main thing is that their number satisfy the main criterion.
Work schedules on a shift can be made both for the entire staff, and individually. The second option is possible, for example, in cases where a person who is finishing his job and is about to leave needs to transfer authority to his future deputy.
Relaxation
The main legislative document regulating the shift method of work, the Labor Code, contains such a term as "inter-shift rest". Its meaning is defined as follows. These are days of rest (sometimes called time off), which appeared as a result of hourly processing of the working hours set by the schedule at the shift facility. Some lawyers consider inter-shift vacations to be a kind of analogue of vacations, which is not provided on an annual basis, but because of the objective capabilities of the employer. But at the same time, the frequency of such days off can reach several times a year. Also, inter-shift rest differs from typical vacation in the way of compensation calculation. Its base is not average earnings. The number of days of inter-shift rest is also calculated differently. To do this, the sum of all processing hours is divided by 8 (based on the standard working hours on the TC). At the same time, a variant is possible in which inter-shift vacations will be paid in the amount of salary. In practice, this is possible if the corresponding time-outs are provided by the employing company in the form of compensation for extra hours within the accounting period.
Regarding the relationship between vacation and inter-shift vacations, some lawyers recommend paying attention to the following feature. The fact of the matter is that, first of all, time offs for processing watches should be provided as a matter of priority. And only after a person uses them, he can go on a standard vacation. At the same time, the days that make the inter-shift vacation should be included in the total length of service, on the basis of which the vacation is calculated.
Overtime
The Labor Code of the Russian Federation admits that shift workers can provide processing not only in terms of their own initiative (and in this case, apply for inter-shift rest), but also by virtue of a management order. In this case, their activities will take the form of overtime work. The reasons that may lead to an appropriate initiative by the watch management may vary. There is a widespread version in which the need to perform overtime work arose due to the fact that the team did not arrive on time, replacing the one that is currently working. If a person was involved in overtime work, then wages are calculated in one and a half or double size, depending on the specific conditions for the employee to perform labor functions.
Note that in relation to the organization of working time and rest for medical and pharmaceutical staff who carry out their labor functions, serving shift workers, they act on the basis of the specifics of production and its specific conditions. At the same time, the key provisions of article 47, which standardize labor for employees, are also applied to specialists of this profile.
We have stated above the thesis that the shift method of work in Russia has become especially popular due to the loyalty of national labor legislation. Based on the regulatory standards of the Customs Code, we can assume that in many ways this is indeed so. Despite the fact that, for example, the law allows employing companies to set a 12-hour work day, at the same time, it provides for shift workers to have days off, as well as opportunities to exercise the right to inter-shift vacations and regular holidays. In addition, overtime processing is paid in one and a half or even double size. The Russians, who know what shift work is, leave positive reviews, often emphasizing the fact that the Labor Code is a source of law that makes people who decide on a difficult trip for the purpose of earning sufficiently protected.