Shift work - work in two, three or four shifts - is introduced in cases where the duration production process exceeds the permissible duration daily work, as well as for more effective use equipment, increasing the volume of products or services provided.

When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. Shift schedules are usually an annex to the collective agreement.

Shift schedules are brought to the attention of employees no later than one month before they come into force.

Working two shifts in a row is prohibited.

Commentary on Article 103 of the Labor Code of the Russian Federation

1. When working in shifts, each group of workers must work within the established working hours.

Workers alternate shifts evenly. The transition from one shift to another is determined by the shift schedule approved by the employer in agreement with the representative body of workers (Article 372 of the Labor Code). Established schedules shifts are mandatory for both parties to the employment contract.

It is prohibited to assign an employee to work for 2 shifts in a row.

As a rule, the possible number of shifts for shift work is established: 2, 3 or 4 shifts.

On the duration of work (shift) at night, see the commentary to Art. 96 TK.

The length of working time during a shift is determined based on the established standard of working time and the type of working week (5- or 6-day working week).

2. The shift schedule must reflect the requirements of Art. 110 of the Labor Code on providing employees with continuous rest of at least 42 hours.

The shift schedule is brought to the attention of employees no later than 1 month in advance. before it comes into effect.

3. Daily (between shifts) rest must be at least twice the duration of work in the shift preceding the rest (including lunch break). In this case, the minimum duration of daily rest must be at least 12 hours. If, in accordance with the law, the duration of a shift is more than 8 hours, then the rest time between shifts must increase.

4. Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of February 12, 1987 N 194 “On the transfer of associations, enterprises and organizations of industry and other sectors National economy for a multi-shift work schedule in order to increase production efficiency" contains a number of standards that an employer can use when organizing shift work. The said Resolution is applied taking into account the changes that have occurred in the field economic activity, to the extent that does not contradict current legislation.

Article 103. Shift work

• checked today
• code dated 01/01/2019
• entered into force on 02/01/2002

There are no new articles that have not entered into force.

Compare with the edition of the article dated 02/01/2002

Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.

When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. Shift schedules are usually an annex to the collective agreement.

Shift schedules are brought to the attention of employees no later than one month before they come into force.

Working two shifts in a row is prohibited.

Other articles in this section

Amendments to Art. 103 Labor Code of the Russian Federation

Mentions of Art. 103 of the Labor Code of the Russian Federation in legal consultations

• Shift schedule at the enterprise
  

  01.02.2018 must be applied. As for inter-shift rest, it is not specified in the Labor Code of the Russian Federation, but it is stated that it is prohibited to work two shifts in a row, as indicated in the same Article 103 of the Labor Code of the Russian Federation. Moreover, each industry has the right to adopt its own work standards based on its own specifics. Let’s say from transport workers, that is, the same drivers




21.12.2016 The work schedule is established at the enterprise initially, that is, shift schedules are established. For the next month, schedules are communicated to employees in a month in advance Article 103 of the Labor Code of the Russian Federation. Initially, your employment contract should have specified a work schedule when you were hired. accordingly, if you signed the agreement, it means you agreed with this

• weekend at 12 noon
  

  27.10.2016 Attention to the question: is there an order to hire you on weekends to replace an absent employee? Is there a new schedule? Are you familiar with it a month in advance? Article 103 of the Labor Code of the Russian Federation? Are extra shifts noted on the timesheet? So you are paid for this time at all? When. if you are brought in for the weekend by order, then there should be

• weekend at 12 noon
  

  27.10.2016 that hiring a colleague to work on weekends for a colleague who has gone on vacation is possible only and exclusively with your written consent (Article 113 of the Labor Code of the Russian Federation). Secondly, according to Article 103 of the Labor Code of the Russian Federation working two shifts in a row is prohibited, there are no options even with the employee’s consent. You can work outside your shift only after rest. If the employee writes in writing

• night work
  

  10.03.2016 Good evening, Sergey. Maybe if some conditions are met, namely the completion of work schedules for the month based on Article 103 of the Labor Code of the Russian Federation: Shift schedules are brought to the attention of employees no later than one month before they come into force. And provided that your employment contracts indicate




19.02.2016 the total number of working hours during the relevant accounting periods. This could be a working day, week, month, etc. Under shift work in accordance with Article 103 of the Labor Code of the Russian Federation This means working in two, three or four shifts. This mode is introduced in cases where the duration of the production process exceeds the permissible




27.01.2016 Good afternoon, Evgeniy Viktorovich. Let's start with the fact that, in accordance with Article 103 of the Labor Code of the Russian Federation Shift schedules are communicated to employees a month before implementation. and not a week in advance, as in your case: Shift schedules are brought to the attention of workers no later than




24.12.2015 Good afternoon, Dmitry. It is prohibited to work two shifts in a row, as stated in Article 103 of the Labor Code of the Russian Federation, but if you have rest between shifts, then there are no violations. You work in accordance with a shift schedule, which you must be familiarized with a month in advance. The only one




22.12.2015 employee about changes in the operating schedule of the enterprise and only after receiving their consent to introduce a new schedule. And as for the monthly period. then you confused him with the norms Article 103 of the Labor Code of the Russian Federation, where it says: Shift schedules are brought to the attention of employees no later than one month before they come into force. This article talks about

• labor Relations
  

  15.10.2015 Are night nurses reduced at all or only in the exit schedule? My colleague gave you the general procedure for the reduction, with regard to the reduction of hours and the schedule itself, in Article 103 of the Labor Code of the Russian Federation it is said: Shift schedules are brought to the attention of employees no later than one month before they come into force. It’s already mid-October here, but you still have

• Changing operating mode
  

  02.06.2015 Good morning, Natalia. Regarding shift work and schedule in Article 103 of the Labor Code of the Russian Federation it is said: Shift schedules are brought to the attention of employees no later than one month before they come into force. That is, the employer owes you a new

• Working hours, transportation costs
  

  08.05.2015 Good morning, Elena. In your case, many articles of the Labor Code of the Russian Federation were violated. To start with Article 103 of the Labor Code of the Russian Federation It says: Working two shifts in a row is prohibited. Your employment contract specifically establishes working hours or shifts per day, respectively

• shift work schedule
  

  08.05.2015 work, etc. If your responsibilities change. then we return again to Article 72 of the Labor Code of the Russian Federation, changing the terms of the employment contract without the consent of the employee is not permissible. And also in Article 103 of the Labor Code of the Russian Federation it is said: Shift schedules are brought to the attention of employees no later than one month before they come into force. That is, at least with the new schedule

• Work overtime, with shifts every other day. As well as insults by the employer to the employee.
  

  20.04.2015 Good morning, Zhanna Grigorievna. IN Article 103 of the Labor Code of the Russian Federation It says: Working two shifts in a row is prohibited. That is, your management does not have the right to attract workers two shifts in a row. Regarding payment

• Changing working hours

  10.03.2015 Good morning, Olga. The work schedule is drawn up at least a month in advance and brought to the attention of employees, as stated in Article 103 of the Labor Code of the Russian Federation: Shift schedules are brought to the attention of employees no later than one month before they come into force. Does your employer comply with this condition? Also

• duration of rest (in hours) between shifts of 24 hours
  

  26.02.2015 hours, however, it is impossible to simply attract an employee to work as you please, because there is a shift schedule, which the employer is obliged to familiarize employees with a month in advance ( Article 103 of the Labor Code of the Russian Federation). It turns out that you are involved in work outside the schedule on your legal day off, and such involvement should be carried out only with the consent of the employee, if there is

  Article 103 of the Labor Code of the Russian Federation, which in particular says: Shift schedules are brought to the attention of employees no later than one month before they come into effect. That is, introduce a new schedule

Shift work

1. Article 103, dedicated to shift work, establishes the possible number of shifts: two, three and even four.

In some cases, the introduction of shift work is necessary because it ensures the functioning of the production process when its duration exceeds the permissible duration of daily work (for example, in continuously operating organizations); in others, it is possible when the employer pursues the goal of efficient use of equipment, increasing the volume of products or services provided (for example, in organizations serving the population). The choice of a specific option for shift work: whether employees will work in two, three or four shifts is determined by the employer, taking into account the reasons for using a shift work schedule.

2. The number of work shifts and the sequence of transition of workers from one shift to another are established by the shift schedule. In cases where such a schedule also covers night time, the employer is obliged to take into account that a certain circle of employees can work at night only with their consent.

Based on Art. 96 of the Labor Code these include: women with children under three years of age; disabled people; workers with disabled children; workers caring for sick members of their families in accordance with a medical report; mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age. On the procedure for attracting them to work at night, see Part 5 of Art. 96 Labor Code of the Russian Federation.

3. The shift schedule developed by the employer is sent to the representative body of employees, whose opinion the employer is obliged to take into account. After taking into account the opinion of the representative body, the employer approves the schedule.

This procedure does not apply if the organization does not have a representative body of employees.

4. The shift schedule regulating the work of workers can either be an independent local normative act, and be attached to the collective agreement.

5. Part 4 of the commented article establishes a one-month period for bringing to the attention of employees information about the introduction of a shift schedule. This rule applies to cases where employees are already working in shifts and there is a need to introduce a new schedule or change the current one.

Article 103 does not establish a procedure for communicating this information to employees. Based .

6. When a shift schedule is introduced for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the employer is obliged to notify the employee about this in writing no later than two months in advance () .

7. The length of working time during a shift is determined depending on the established standard of working time and the type of working week (five- or six-day working week).

The legally permissible (maximum) duration of daily work is provided only for certain categories of workers. For the duration of daily work (shift), see Art. 94 of the Labor Code of the Russian Federation, on the duration of work (shift) at night, see Art. 96 Labor Code of the Russian Federation.

For other categories of workers, the duration of daily work (shift) is established by internal rules labor regulations, collective agreement, agreement, based on the normal weekly working hours, which should not exceed 40 hours. The duration of daily work (shift) can be less than four hours if we are talking about part-time work (see letter of Rostrud dated March 1, 2007 N 474-6-0).

8. Typically, shift schedules provide for a direct order of alternation of workers in shifts (after the first shift, the employee goes to work in the second, then in the third) or a reverse order of alternation (after the first shift, the employee works in the third shift, then in the second, and the cycle repeats again ). In practice, the most common is the direct order of alternating shifts, since it corresponds to the natural daily rhythm of natural human processes (see: Intersectoral recommendations for the development of rational work and rest regimes. M., 1967).

9. A shift in which at least half of the working time is at night is considered night. The shift immediately preceding the night shift is considered evening (joint Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated 05/07/1987 N 294/14-38 “On approval of the clarification “On the procedure for applying additional payments and providing additional leave for work in the evening and night shifts, provided for by the Resolution of the Central Committee CPSU, Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 02/12/1987 N 194").

10. The duration of daily (between shifts) rest must be at least twice the duration of work on the previous working day (shift) together with the lunch break (see paragraph 11 of the Resolution of the Council of People's Commissars of the USSR dated September 24, 1929 "On working time and rest time in enterprises and institutions switching to a continuous production week").

When drawing up shift schedules, the employer is obliged to take into account the rule of Art. 110 of the Labor Code on providing employees with weekly uninterrupted rest of at least 42 hours.

11. Workers alternate shifts evenly at the hours determined by the shift schedules. The number of working days and days off according to the schedule may not coincide with the number of days in the week. In this case, the transition from one shift to another occurs, as a rule, after a day off, determined by the schedule.

In conditions of continuous production, when it is not possible to use a five- or six-day working hours working week, shift schedules are used to ensure continuous maintenance of the production process, personnel work in shifts of constant duration, regular days off for each team, a constant composition of teams and transition from one shift to another after a day of rest according to the schedule. Typically, four-team shift schedules are used. At the same time, three teams work every day, each in its own shift, and one team rests.

12. The legislator prohibits engaging an employee to work for two shifts in a row. However, it should be borne in mind that according to clause 3, part 2, art. 99 TC attraction to overtime work(with written consent) it is possible to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

13. For some categories of workers, specific features of the use of shift work have been established. Thus, the Regulations on the peculiarities of the working time and rest time regime for workers of floating personnel of inland water transport vessels stipulate that for floating personnel when the fleet operates on rivers with limited navigation periods, when ensuring the delivery of goods to the regions of the Far North and equivalent areas, a two-shift regime can be established work with a daily work duration of 12 hours for the entire full-water period from the date of the official opening of navigation in this region, but not more than three months (see clause 14).

Regulations on the specifics of working hours and rest time, working conditions for certain categories of workers railway transport directly related to the movement of trains, it is determined that the duration of working hours during shift work is established by the employer, taking into account the opinion of the representative body of workers, but not more than 12 hours. Working more than two calendar days in a row at night (from 10 p.m. to 6 a.m.) is not permitted (see clause 6).

Regulations on the peculiarities of working hours and rest time for employees of operational and production organizations of Roshydromet, their structural divisions having a special nature of work, it is determined that for workers with a shift work schedule it is not allowed to start work (shift) earlier than 6 o’clock and end work (shift) later than 22 o’clock local time (see clause 8).

Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.

When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. Shift schedules are usually an annex to the collective agreement.

Shift schedules are brought to the attention of employees no later than one month before they come into force.

Working two shifts in a row is prohibited.

Commentary to Art. 103 Labor Code of the Russian Federation

1. The organization of shift work, introduced in order to optimize production processes, is based on shift schedules that are timely communicated to employees, in the preparation of which the employer must take into account the opinion of the representative body of employees (see commentary to Article 372 of the Labor Code of the Russian Federation).

2. Work in accordance with shift schedules must be carried out in compliance with the norms of working time and rest time established for employees.

3. On the use of shift work, see also Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of February 12, 1987 N 194 “On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift operating mode in order to increase production efficiency” (see also commentary to Article 96 of the Labor Code of the Russian Federation).

Second commentary to Article 103 of the Labor Code

1. In order to more efficiently use equipment and increase production output, or if the duration of the production process exceeds the permissible duration of daily work, the introduction of 2-, 3- and 4-shift work is allowed.

2. The transition from one shift to another must take place regularly after a certain number of working days in accordance with the shift schedule. In this case, a direct (I - II - III - I) order of alternating shifts or a reverse (I - III - II - I) order is allowed. Intersectoral recommendations for the development of rational work and rest regimes (Moscow, 1967, p. 86) recognize the direct order of alternating shifts as more preferable, since it corresponds to the natural daily rhythm of natural human processes.

If the number of working days and days off according to the schedule does not coincide with the calendar week, the transition from one shift to another must occur after the day off according to the schedule.

3. The break between shifts cannot be less than double the duration of work in the shift preceding the rest.

4. The shift schedule is mandatory for both the employee and the employer. The latter cannot call the worker to perform labor responsibilities off schedule. An employee cannot, without the permission of the employer, change the order of shifts provided for in the schedule, or change shifts with other employees. Failure to comply with this rule is regarded as a violation of labor discipline.

5. For employees working in shifts, at the expense of the organization’s funds, additional holidays and surcharges. The heads of organizations can increase the amount of remuneration for employees working in multi-shift mode based on the results of work for the year, introduce (free or at reduced prices) hot meals for people working night shifts, etc.

To introduce a shift schedule at your enterprise, issue an order, draw up an additional agreement to employment contracts and shift schedule. All necessary documents You will find in this article.

From this article you will learn

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Article 103 of the Labor Code of the Russian Federation: the concept of shift work

A shift work schedule is a special work schedule in which the working hours of a particular employee differ from the standard schedule. Moreover, with this mode it may occur at different times of the day on different working days. The main objective of the shift schedule is to ensure continuity of the production process. Employees who work on a shift schedule are divided into groups that begin work sequentially. In accordance with Article 103 of the Labor Code of the Russian Federation, a company can organize work .

Reasons for introducing a shift schedule

According to Art. 103 of the Labor Code of the Russian Federation, shift work is allowed at enterprises whose production cycle requires a longer working day than permitted by law. In addition, this principle of work organization is used in companies where a shift schedule allows increasing production efficiency.

Where is a shift schedule used in practice?

• On manufacturing enterprises with a continuous cycle. This group includes metallurgical companies, large industrial organizations and other companies.
• In emergency services.
• At service enterprises, including catering, consumer services organizations, etc.
• In infrastructure facilities, including transport organizations, communications enterprises and so on;
• IN , in which a continuous work schedule is a production or economic necessity.

Nina Kovyazina answers,
Deputy Director of the Department medical education And personnel policy in healthcare of the Russian Ministry of Health

To organize a shift work schedule, issue an order to introduce such a schedule and reflect the condition for introducing a shift schedule in the Labor Regulations or the collective agreement. After that, create a shift schedule and...

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Registration of shift work according to Labor Code: Article 103

The working hours of employees in this situation are documented in a shift schedule. It applies to a number of employees at once. The shift schedule can be drawn up as an annex to the collective agreement. Also, Article 103 of the Labor Code of the Russian Federation with comments allows for other options for designing such a regime, including:

• Fixing the conditions for a shift schedule in the Internal Labor Regulations. The schedule can be drawn up as an annex to the PVTR.
• Approval of a separate document. For this purpose, a separate order is issued to approve the shift schedule.

Note! If a collective agreement has already been concluded at the time of introducing shift work, it can be fixed through an additional agreement.

At enterprises where trade union organizations operate, local acts are adopted taking into account the opinion of the representative body. This is necessary to protect the interests of employees and counteract pressure from the employer. How and formalize his consent to the introduction of a shift regime, read in “ ».

Informing employees about working hours

According to Art. 103 of the Labor Code of the Russian Federation, shift work can be introduced at the enterprise . It prescribes the procedure for introducing such a schedule, informing workers about new working conditions and documenting them. Part 4 of Article 103 of the Labor Code of the Russian Federation requires that employees be familiarized with the new regime no later than one calendar month before its actual introduction. How and, most importantly, record this fact, learn from “ ».

Night shift

Special instructions in the current labor legislation relate to the organization of work on the night shift. In accordance with Art. 96 of the Labor Code of the Russian Federation, it means the period of time from 22 to 6 hours. The duration of the shift is set by the employer in accordance with the schedule adopted by the organization. However, an overnight shift should be one hour shorter than usual.

Not all employees can work night shifts. The Labor Code of the Russian Federation contains a ban on involving the following categories in such work:

• pregnant women;
• workers under 18 years of age;
• , for which such restrictions are established by industry legislation or local regulatory documents enterprises.

Shift schedule

The specific order in which employees report to work is determined by the shift schedule. It is compiled by the employer, taking into account the characteristics of the enterprise’s production cycle. According to Art. 103 of the Labor Code of the Russian Federation with comments for 2018, such a schedule must contain the following information:

• algorithm for alternating production shifts;
• duration of work within an individual shift, as well as the start and end time of the shift;
• number of employees employed in each shift;
• breaks provided for by the shift schedule, their duration and start and end times.

The conditions specified in the shift schedule must be agreed upon with the trade union organization, if there is one at the enterprise.

Restrictions

When drawing up a shift schedule, the employer must ensure that its conditions do not contradict the requirements current legislation. List of most common mistakes, which are allowed when creating a schedule:

1. Exceeding the limit on working hours during the accounting period.
2. Exceeding the legal maximum work shift duration. Read about the current restrictions for different categories of workers in this .
3. Insufficient duration of the employee’s weekly rest, which, according to Art. 110 of the Labor Code of the Russian Federation must be at least 42 hours.
4. Failure to comply with restrictions on the composition of workers involved in night shift work.
5. Involving employees to work for two shifts in a row or more;
6. Inconsistency with the shift schedule with the trade union organization.
7. Failure to comply with the conditions for providing an employee with compensation for work on a weekend or holiday.

Test

What is the maximum number of shifts provided for in Art. 103 Labor Code of the Russian Federation?

How long in advance is the employer required to notify employees about the transition to shift work?

1. Per month
2. In two months
3. For half a year

Is it possible to have an employee work two shifts in a row?

1. Possible in case of production need
2. Possible if there is written consent from the employee
3. It is forbidden