01.03.2023
HOW ARE WORKING SCHEDULES FORMED WHEN SHIFT WORKING?
Both shift work and the cumulative calculation of working time are genetically related to the distribution of working time, which is established by the rules for the internal work order in the enterprise. Therefore, the alternation of shifts, as well as the cumulative calculation of working hours, are also regulated in the rules for the internal work order. This regulation is a necessary legal condition for establishing a cumulative calculation of working time. In addition, simultaneously with the establishment of a cumulative calculation of working hours, the employer "endorses nominal schedules" for the periods of its calculation, which are stored for at least 3 years and kept at the disposal of the control authorities of the places where the work is performed.
In order to establish a summary calculation of working time, an order of the employer is necessarily required, with which he determines the period of his reporting and approves the nominal work schedules of the employees, which are attached to the order. In the absence of an order and a confirmed schedule, the control authorities assume that the working hours are daytime, which in terms of insurance is associated with interruption of insurance during the holidays, coinciding with the calendar working days in the month and loss of insurance rights.
Where it is necessary to carry out the work on a schedule on certain days of the month, in order to avoid interruptions in provision and restrictions on daily working hours with the resulting adverse consequences, it is more expedient to conclude an employment contract with suitable daily working hours, according to employment according to the schedule and the reporting period, to be approved by order and this to be regulated in the rules for the internal work order in the enterprise.
In the case of cumulative calculation of working hours, the schedules are drawn up by the employer according to the economic needs of the enterprise, provided that the legally established regime of work and rest and the norm of regular working hours determined by the employment contract for the reporting period are observed.
The regime of work and rest in the case of cumulative calculation of working time requires compliance with the maximum duration of the work shift, which in case of cumulative calculation of working time can be up to 12 hours, and in the case of reduced working time - up to 1 hour above it. The maximum duration of the working week cannot be more than 56 hours, the inter-day rest cannot be less than 12 hours, and a continuous weekly rest cannot be less than 36 hours (when changing shifts, when the actual and technical organization impose this – 24 hours). It is also required to observe the ban on assigning work in two consecutive shifts.
In the case of cumulative calculation of working time, "actual time worked" is calculated after the end of the reporting period, and the hours worked (after converting them from night to day) are divided by the agreed daily working time - full or part time.
When the reported working time exceeds the norm of the agreed working time for the reporting period, there is overtime work, which is kept in a special book for this purpose and is reported every six months to the labor inspectorate. Overtime is paid with an increase of not less than 50 percent.
Reference:
Art. 139, Art. 142, Art. 157, Art. 262, Art. 403a of the Labor Code
Art. 4a Regulation on working hours, breaks and vacations
