Full text of Art. 103 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under Article 103 of the Labor Code of the Russian Federation.

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

During shift work, each group of workers must perform work during 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 prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.

Shift schedules are communicated to employees no later than one month prior to their entry into force.

Working two shifts in a row is prohibited.

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

1. The norms of the commented article by the legislator set out the procedure for organizing work in the mode of several shifts.

Shift work is the organization of work in two, three or four shifts.

The main feature of this mode of operation is the need to organize the production process for a time exceeding the allowable duration of daily work. The goal of organizing work on a multi-shift basis can be to achieve maximum efficiency in the use of equipment. In addition, such a work schedule may be due to an increase in the volume of products or services provided.

In the case of organizing work in several shifts, the duration of work during one shift should not exceed the duration established in accordance with the requirements of the current labor legislation.

Rostrud letter No. 474-6-0 of March 1, 2007 "Multi-shift work" clarifies the double-shift work. According to the Legal Department of Rostrud, with a two-shift operation, the duration of a shift is, as a rule, 12 hours. However, it may slightly exceed the permissible duration of daily work. The permissible (maximum) duration of daily work is set only for certain categories of workers. For other categories of employees, the duration of daily work (shift) is established by the rules of the internal work schedule, 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 4 hours. And if we are not talking about the categories of workers for whom the Labor Code of the Russian Federation establishes the maximum duration of daily work, then in this case there will be an establishment of part-time work. If the organization has a 20-hour working week for employees, and they actually work 40 hours a week, overtime work takes place. At the same time, the duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year. It is impossible to recognize this as a two-shift mode of operation.

2. The employer approves shift schedules.

The legislator obliges the employer to take into account the opinion of the representative body of employees when drawing up shift schedules. The latter, in turn, after receiving the draft shift schedule for employees, is obliged to agree in writing such a LNA no later than five working days and return it to the employer.

If the elected body of the primary trade union organization for some reason does not agree with the draft shift schedule, or there are comments and proposals for changes, then the relevant proposals, changes, comments are sent to the employer simultaneously with the shift schedule.

The legislator obliges the employer to agree with the proposals of the body of the primary trade union organization or, in order to reach a mutually acceptable solution, to conduct additional consultations with the elected body of the primary trade union organization of workers within three days after receiving a reasoned opinion.

It should be noted that at present, due to the absence of a representative body of employees in many organizations, coordination of the shift schedule in organizations with a small number of employees can be carried out directly with employees. If the organization has teams working in shifts, coordination is more often carried out through the head of the team (foreman) as a representative of the employees.

One of the important conditions for organizing work in several shifts is the obligation of the employer to draw up shift schedules and bring them to the attention of employees no later than one month before the schedule is put into effect. In this case, employees with the schedules must be familiarized in writing.

The provisions of the commented article also established that the implementation of work for two shifts in a row is prohibited.

Another commentary on Art. 103 of the Labor Code of the Russian Federation

1. Part 1 of the commented article indicates two cases when it is possible to introduce a shift work regime:

1) if the duration of the production process exceeds the permissible duration of daily work;

2) for the purpose of more efficient use of equipment, increase in the volume of products or services provided.

2. The organization of shift work is based on the shift schedule, which sets the number of shifts, the beginning and end of each shift, breaks for rest and the order of shift rotation.

The duration of the shift neither TC nor others federal laws not determined. Shift time limits apply only to underage workers, disabled people and persons employed in work with harmful and (or) dangerous working conditions (see article 94 of the Labor Code and commentary thereto).

3. In continuous production, when it is impossible to observe the weekly norm of working time for each shift of workers, shift schedules are compiled on the basis of the summarized accounting of working hours (see Article 104 of the Labor Code and commentary thereto).

Shift schedules can be drawn up for various periods. If shift work is organized using the summarized accounting of working time, the shift schedule is drawn up for the accounting period.

When drawing up a shift schedule, the employer is obliged to take into account the opinion of the representative body of employees and bring the approved schedule to the attention of employees no later than one month before its entry into force.

Consultations and comments of lawyers on Article 103 of the Labor Code of the Russian Federation

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1. Article 103 of the Labor Code of the Russian Federation establishes the grounds for the use of shift work in the organization. They are: the duration of the production process exceeding the permissible duration of daily work (on the duration of daily work (shift), see Article 94 of the Labor Code); efficient use of equipment, increase in the volume of products or services provided. Only if there are objective grounds in the organization can a shift work mode be introduced.

The possible number of shifts for shift work is set: 2, 3 or 4 shifts.

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

For the duration of work (shift) at night, see Art. 96 TK.

2. The work of workers in shift work is regulated by the shift schedule. When drawing up the shift schedule, the opinion of the representative body of employees is taken into account. The shift schedule can either be attached to the collective agreement or be an independent local normative act.

Workers alternate shifts evenly. The transition from one shift to another is determined by the schedule.

Shift schedules usually provide for a direct rotation of workers in shifts (after the first shift, the employee goes to work in the second, then in the third) or reverse rotation (after the first shift, the employee works in the third shift, then in the second, and the cycle repeats again). The most common is the direct order of alternation of shifts, since it corresponds to the natural daily rhythm of natural human processes (Intersectoral recommendations for the development of rational modes of work and rest. M., 1967).

If the number of working days and days off according to the schedule does not coincide with the number of days in the week, then the transition from one shift to another occurs, as a rule, after the day off determined by the schedule.

In organizations with continuous production, where it is not possible to use a 5- or 6-day working week, shift schedules are used to ensure continuous maintenance of the production process, work of personnel in shifts of constant duration, regular days off for each team, and a permanent composition of teams and transition from one shift to another after a day of rest according to the schedule. 4-team shift schedules are usually used. At the same time, 3 teams work every day, each in its own shift, and one team is resting.

For flexible work schedules, see art. 102 TK.

Shift schedules should reflect the requirement of Art. 110 of the Labor Code on providing employees with a weekly uninterrupted rest of at least 42 hours.

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

3. The employer is obliged to bring the approved shift schedule to each employee no later than one month in advance. Failure to comply with this deadline violates the right of the employee to timely inform him about changes in working conditions.

If the introduction of a shift schedule is associated with a change in organizational or technological working conditions, when they cannot be saved by the parties to the employment contract, then the employee must be notified in writing of its introduction no later than 2 months in advance (Article 74 of the Labor Code).

The approved shift schedule must be observed by both the employer and the employee. Engaging an employee to perform job duties outside the schedule is possible only in cases provided for by law (on bringing to overtime work see Art. 99 TC, on weekends and non-working holidays- art. 113 TK).

Work for two shifts in a row, even with the consent of the employee, is not allowed.

4. The maximum duration of the work shift Art. 103 of the Labor Code of the Russian Federation does not establish. For some categories of workers, regulatory legal acts it is defined. In paragraph 14 of the Regulations on the peculiarities of the regime of working hours and rest time for employees of the floating composition of inland water transport vessels, approved. By order of the Ministry of Transport of Russia dated May 16, 2003 N 133 (Bulletin of the Ministry of Labor of Russia. 2003. N 10), it is stipulated that for seafarers when the fleet operates on rivers with limited navigation time while ensuring the delivery of goods to the regions of the Far North and areas equated to them a 2-shift mode of operation can be established with a daily work duration of 12 hours for the entire full-flowing period from the date of the official opening of navigation in the given region, but not more than 3 months.

In paragraph 6 of the Regulations on the features of the regime of working hours and rest time, working conditions for certain categories of workers railway transport, directly related to the movement of trains, approved. Order of the Ministry of Railways of Russia dated March 5, 2004 N 7 (BNA RF. 2004. N 24), establishes 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.

Article 103. Shift work

• checked today
• code dated 01.01.2019
• entered into force on 01.02.2002

There are no new versions of the article that have not entered into force.

Compare with the version 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 allowable duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.

During shift work, each group of workers must perform work during 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 prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.

Shift schedules are communicated to employees no later than one month prior to their entry into force.

Working two shifts in a row is prohibited.

Other articles of the section

Art. 103 of the Labor Code of the Russian Federation

References to Art. 103 of the Labor Code of the Russian Federation in legal advice

• Company shift schedule
  

  01.02.2018 apply without fail. As for the rest between shifts, it is not spelled out in the Labor Code of the Russian Federation, but it is indicated that it is forbidden to work two shifts in a row, it is indicated in the same Article 103 of the Labor Code of the Russian Federation. At the same time, each industry has the right to adopt its own work standards based on its own specifics. Suppose the transporters, that is, the same drivers




21.12.2016 The work regime is set at the enterprise initially, that is, shift schedules are set. For the next month, the schedules are brought to the employees for the month in order Article 103 of the Labor Code of the Russian Federation. In your employment contract, initially, at the time of admission, the work schedule should have been indicated. accordingly, if you signed the contract, it means that you agreed with such

• Weekend at 12 p.m.
  

  27.10.2016 Attention the question is, is there an order to involve you on weekends to replace an absent employee? Is there a new schedule? Have you familiarized yourself with it for a month in order Article 103 of the Labor Code of the Russian Federation? Do extra shifts appear on the timesheet? Does that mean you get paid for this time? When. if you are attracted for the weekend by order, then there should be

• Weekend at 12 p.m.
  

  27.10.2016 that attraction 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 work for two shifts in a row is prohibited, there are no options even with the consent of the employee. You can work outside your shift only after rest. If an employee writes

• work at night
  

  10.03.2016 Good evening, Sergey. Maybe, if certain conditions are met, namely, bringing the work schedules for the month on the basis of 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 are put into effect. And provided that your employment contracts state




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




27.01.2016 Good afternoon, Evgeny Viktorovich. Let's start with the fact that according to Article 103 of the Labor Code of the Russian Federation shift schedules are communicated to employees a month before the introduction. and not in a week, as in your case: Shift schedules are communicated to employees no later than




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




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

• labor Relations
  

  15.10.2015 whether night nurses are reduced at all or only in the schedule of exits. My colleague gave you the general procedure for reducing hours, as regards the reduction of hours and the schedule itself, in Article 103 of the Labor Code of the Russian Federation said: Shift schedules are brought to the attention of employees no later than one month before they are put into effect. We are already in the middle of October, and you still have

• Change of operating mode
  

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

• Working hours, transport costs
  

  08.05.2015 Good morning Elena. In your case, many articles of the Labor Code of the Russian Federation have been violated. To start in Article 103 of the Labor Code of the Russian Federation said: Work for two shifts in a row is prohibited. Your employment contract specifically sets out the mode of working hours or day shifts, respectively

• shift work schedule
  

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

• Work overtime, with a shift in two days. As well as insults by the employer of the employee.
  

  20.04.2015 Good morning, Zhanna Grigorievna. IN Article 103 of the Labor Code of the Russian Federation said: Work for 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 are put into effect. Does your employer comply with this condition? Also

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

  26.02.2015 hours, but it’s impossible to just attract an employee to work as you like, because there is a shift schedule with 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 available

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

To introduce a shift schedule at your enterprise, issue an order, draw up an additional agreement to employment contracts and shift schedule. All required 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 mode of work in which the work time of a particular employee differs from the standard schedule. Moreover, in this mode, it can fall at different times of the day on different working days. The main task of the shift schedule is to ensure the continuity of the production process. Employees who work in shifts are divided into groups that start work sequentially. In accordance with article 103 of the Labor Code of the Russian Federation, a company can organize the 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 is permitted by law. In addition, this principle of work organization is used in companies where a shift schedule improves production efficiency.

Where is the shift schedule used in practice?

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

Answered by Nina Kovyazina
deputy director of the department medical education And personnel policy in health care of the Ministry of Health of Russia

To organize a shift work mode, issue an order to introduce such a mode and reflect the condition on the introduction of a shift mode in the Labor Regulations or the collective agreement. After that, make a shift schedule and ...

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Registration of a shift mode of work according to the Labor Code: Article 103

The mode of work of employees in this situation is drawn up by a shift schedule. It extends its action immediately to a number of employees. 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 other options for the design of such a regime, including:

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

Note! If a collective agreement has already been concluded at the time of the introduction of a shift work regime, it can be fixed by means of 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 counter 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 employees 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 prior to its actual introduction. How and, most importantly, fix this fact, learn from " ».

Night shift

Special instructions in the current labor law related to the organization of work on the night shift. In accordance with Art. 96 of the Labor Code of the Russian Federation, it is understood as a 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, overnight shifts should be one hour shorter than usual.

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

• pregnant women;
• employees under the age of 18;
• , for which such restrictions are established by industry legislation or local normative documents enterprises.

shift schedule

The specific procedure for employees to go to work is determined by the shift schedule. It is compiled by the employer, taking into account the peculiarities of the production cycle of the enterprise. According to Art. 103 of the Labor Code of the Russian Federation with comments of 2018, such a schedule should contain the following information:

• algorithm for alternating production shifts;
• the duration of work within a particular shift, as well as the start and end times of the shift;
• the number of employees on each shift;
• breaks provided for by the shift schedule, their duration and start and end times.

The conditions prescribed in the shift schedule must be agreed with the trade union organization, if any, 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 the most common mistakes, which are allowed when forming the schedule:

1. Exceeding the limit on working hours during the accounting period.
2. Exceeding the statutory maximum length of a work shift. Read about the current restrictions for different categories of workers in this .
3. Insufficient duration of the weekly rest of the employee, 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 work on the night shift.
5. Engaging employees to work for two consecutive shifts or more;
6. Non-coordination of the shift schedule with the trade union organization.
7. Failure to comply with the conditions for the provision of compensation to the employee for work on a weekend or holiday.

Test

What is the maximum number of shifts stipulated by art. 103 of the Labor Code of the Russian Federation?

How long does it take for an employer to notify employees of a changeover?

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

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

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

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

During shift work, each group of workers must perform work during 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 prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement.

Shift schedules are communicated to employees no later than one month prior to their entry into force.

Working two shifts in a row is prohibited.

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

1. During shift work, each group of workers must perform work during 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 employees (Article 372 of the Labor Code). Schedules set shifts are binding on both parties to the employment contract.

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

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

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

The length of working time during the shift is determined based on the established norm of working hours 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 uninterrupted rest of at least 42 hours.

The shift schedule is communicated to employees no later than 1 month in advance. prior to its entry into force.

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

4. Decree 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 industries National economy for a multi-shift operation in order to increase production efficiency "contains a number of rules that an employer can use when organizing shift work. The said Decree is applied taking into account the changes that have occurred in the field economic activity, to the extent not contrary to applicable law.