Sample employment contract with an employee within three days

We pay for work according to the “every three days” schedule

Some workers work on a “every day in three” schedule (for example, from 8.00 one day to 8.00 the next day). This mode of operation is possible if:

working at night is not contraindicated for them due to health reasons;
they have given separate written consent to this;
they were informed in writing of the right to refuse such work.

Working on a “every three days” schedule is prohibited for pregnant women, minors and Art.

96 Labor Code of the Russian Federation. Providing employees with a lunch break (at least 30 minutes and no more than 2 hours) under this work schedule depends on the specific production conditions.

If it is not possible to provide a lunch break, it is necessary to provide conditions so that the employee can eat directly at the workplace, e Art.

Employment contract with a watchman (watchman)

1.2.

108 Labor Code of the Russian Federation. Let's see how to calculate wages in this mode of operation. In order not to make mistakes when calculating salaries for such employees, you need to correctly reflect their work in the timesheet.

2.2. The employee is obliged:

observe labor discipline;
conscientiously perform your job duties;
treat the property of the Employer and other employees with care.

2.5.

The employment contract is concluded for an indefinite period. 1.3. The employee is required to start working in 2020. 1.4. The probationary period for employment is one month. 1.5. Work for the Employer is a place of work for the Employee.

The parties have other rights and perform other obligations provided for by current labor legislation. 3.2. The duration of the Employee's daily shift is hours. 3.3. The Employee's rest between shifts is hours. 3.4. The employee is granted annual paid leave of 28 calendar days.

3.5.

Duration of work

Let's turn to Art. 108 of the Labor Code of the Russian Federation, by virtue of which during the working day (shift) the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours.

The time for providing such a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer. For example, during a 24-hour workday, you can set two 45-minute breaks or four 30-minute breaks. There are many options.

However, if, according to the conditions of production (work), it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours (Article 108 of the Labor Code of the Russian Federation).

Consequently, an employee working on a 24-hour schedule may have 24 hours on his timesheet (when there is no break due to work conditions), or less, for example, 22 hours (when the employee can leave the workplace, and 2 hours of lunch are included in there will be no working hours). As we can see, everything depends on how the break for rest and food is provided and whether the employee can leave the workplace.

For timesheets, it is necessary to take into account not only the duration of daily work, but also the periods that can adjust it. The timesheet reflects the hours actually worked. Their number may differ from the number according to the schedule, since it indicates the planned days and hours of work and rest. During the accounting period, an employee can go on a business trip, get sick, take leave without pay, etc.

Sample employment contract with an employee within three days

[place of conclusion of the contract] [F. I.O./Full name of the employer] represented by [position name, full name], acting on the basis of the [Charter, regulations, power of attorney], hereinafter referred to as the “Employer”, on the one hand, and a citizen of the Russian Federation [F.

I. O. employee], hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the “Parties”, have entered into this agreement as follows: 1.2. Work under this agreement is the main place of work for the Employee. 1.3. Working conditions in the workplace in terms of the degree of harmfulness and (or) danger are [optimal (class 1)/permissible (class 2)/harmful (specify the class and subclass of harmfulness)/hazardous (class 4)].

1.4. The probationary period for hiring is [specify the period]./The employee is hired without a probationary period. 1.5.

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https://youtu.be/a6k1VCelULI

How to correctly reflect the working hours according to the schedule - a day after three

The organization’s employees work as gas station operators, they have a summarized recording of working hours with an accounting period of 1 year, and a work schedule of “every three days.”

Having considered the question, we came to the following conclusion: As we understood from the question, the working hours of gas station operators differ from the general rules in force at the employer.

Therefore, their employment contracts must include relevant conditions (part two of Art.

57 Labor Code of the Russian Federation). So, when establishing a working time regime in the form of a working week with days off on a sliding schedule, it is necessary to secure in the employment contract with the employee: - the fact of establishing such a regime and the procedure for alternating working and non-working days (indicating, for example: a working week on a sliding schedule, according to which one working day alternates with three days off

Remuneration for daily work schedule

The number of hours worked must be in accordance with the Labor Code!

As a rule, with a daily work schedule, hourly wages are established. This means that for each hour worked, the employee receives a certain amount, which will depend on the number of hours worked in a month.

This concerns the basic salary. Now let’s look at what additional payments an employee working on a daily schedule may be entitled to. These include:

payment for night work:
payment for overtime hours;
payment for holiday work hours.

Since it is absolutely clear that a 24-hour continuous shift will include night hours, they must be paid in accordance with the requirements of labor legislation. Night hours in the Labor Code are defined as the time from 22:00 in the evening to 6:00 in the morning of the next day. That is, in one 24-hour shift there are 8 night hours.

As a rule, the surcharge for night hours is set in the form of a percentage increase to the basic rate per hour. This is a mandatory additional payment. Payment for overtime hours depends on the accepted accounting period. If it is a month, then calculation and payment must be made at the end of each month. If the period is a longer period of time, then the calculation is made at its end.

Very often, a longer period of time, such as a year, is taken if the employee works on an uneven schedule, and then overtime in one month is compensated by shortfalls in another, and as a result, there will be no overtime for the accounting period, and therefore no additional payment either.

Payment for holidays is made on a general basis - no less than double the amount. The main difference from workers working a standard 5-day week is that for workers working in shifts, going to work on a holiday is mandatory. But increased payment for these days is required.

Please note that only those days specified in the Labor Code will be considered holidays; postponements of days off for shift workers will not be counted as holidays, since the specifics of their work are such that they do not care whether a non-working holiday falls on Sunday or Saturday. And lastly, we must not forget that all of the above payments relate to compensation, that is, they will not be included in the minimum wage.

Thanks to the video, you will learn how to calculate wages when using summarized accounting of working hours under different wage systems:

>Labor Code 24/7 work

At first glance, both the first and second are acceptable, since the Labor Code requirement for the duration of rest between shifts is observed, which states that it should be twice as long as the duration of the work shift. In this case, the shift duration is 24 hours (days), and the rest period is 48 or 72 hours. But there are some nuances here, which will be discussed in more detail in the next paragraph.

But the employee can dispose of it at his own discretion. Including leaving the workplace. With a daily schedule, due to the specifics of the work, he most often does not have such an opportunity. In this case, the law states that breaks for food and rest must be included in working hours and paid.

Sample employment contract

When drawing up an employment contract, you can use the employment contract form posted in the Lawyer System as a sample.

The shift condition can be stated as follows: “The employee is assigned a shift work schedule based on the shift schedule in force in the organization.” For documentation of the shift schedule, see the rationale. The rationale for this position is given below in the materials of the Lawyer System and in the materials of the Personnel System.

Recommendation: How to organize a shift work schedule “In what cases can a shift work schedule be introduced in an organization? Shift work is introduced by decision of the employer in cases where: This is stated in Part 1 of Article 103 of the Labor Code of the Russian Federation.

The procedure for switching to a shift work mode. What documents need to be drawn up in order to introduce a shift work mode in an organization. In order to switch to a shift work mode, the employer must: How to reflect the condition of a shift work mode in the local documents of the organization When reflecting the conditions of a shift work mode in the Rules labor regulations or collective agreement, indicate:

duration of daily shift, including part-time shift;
length of the working week;

number of shifts per day;
alternating working and non-working days.
time of breaks from work;
start and end times of work;

Filling procedure

A sample monthly work schedule table, a blank form, is filled out taking into account the working hours in accordance with the internal labor regulations in force in the organization. It indicates the beginning and end, duration of the working day, breaks, number of shifts, alternation of work and rest.

The length of the day is regulated by internal regulations, taking into account the working time regime established by the employment contract. A reduced working day may also be provided, as, for example, in industries with harmful and dangerous conditions (Part 4 of Article 94 of the Labor Code of the Russian Federation) or when the work of disabled people and minors takes place (Parts 1, 3 of Article 94 of the Labor Code of the Russian Federation) ).

Work schedule every other day

Flexible working hours Opinions of employers differ as to which working hours the “every three days” work schedule applies to. Some consider such work as shift work, others as work on a flexible (sliding) schedule.

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When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule. Shift schedules are usually an annex to the collective agreement.

If the employer considers work on a “every three days” schedule as shift work, then he must take into account the following requirements: - shift schedules are brought to the attention of employees no later than one month before they come into effect (Article

103 Labor Code of the Russian Federation); - working two shifts in a row is prohibited (Art.

Recruitment

The “every three days” work schedule assumes that the employee will work part of the time at night. Night work is prohibited for some categories of workers. These are pregnant women (Part 5 of Article 96, Part 1 of Article 259 of the Labor Code of the Russian Federation) and employees under 18 years of age (Part 5 of Article 96, Article 268 of the Labor Code of the Russian Federation). The exception is athletes and creative workers.

If night work is not contraindicated for medical reasons, then women with children under three years of age can be involved in it; disabled people; employees with disabled children; employees caring for sick family members; single parents (guardians) raising children under five years of age. This is stated in Part 5 of Article 96 of the Labor Code of the Russian Federation.

In addition, employees for whom the law has established restrictions on the duration of daily work cannot be involved in working in the “every three days” mode. Such restrictions are provided, for example, for drivers. With cumulative accounting, the duration of daily work (shift) of drivers cannot exceed 10 hours.

The duration of daily work (shift) of disabled people is determined in accordance with a medical report. For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;
with a 30-hour work week - 6 hours.

All employees working under a special regime must be made aware of this fact either upon hiring (fixed in the employment contract) or at least two months before the introduction of such a working time regime (Article 74 of the Labor Code of the Russian Federation).

Table 1 lists the documents that must be completed when organizing work “in three days.”

Table 1. Documentation of work in the “every three days” mode

Three days later: set the mode correctly and pay

Please note that compliance with working hours will have to be checked twice: at the stage of drawing up the schedule and at the end of the accounting period.

The fact is that some periods reduce working hours, for example:

business trips.
annual paid holidays;
periods of temporary disability;

It is also necessary to adjust employment contracts, since a condition on a working regime that differs from that established by the employer must be included in this contract (Art.

57 Labor Code of the Russian Federation). Is it necessary to coordinate the work schedule “in three days” with the trade union and familiarize workers with it with a signature at least a month in advance? An employee with a schedule of every three days is at work 24 hours.

Does this mean that all 24 hours are working hours? This question often arises when drawing up a work schedule and subsequent timesheets.

Let's turn to Art.

What does a shift work schedule mean in the Labor Code?

Continuous production. These include chemical, metallurgical, woodworking, automobile manufacturing and other plants and factories, the shutdown of which could cause stagnation or failure of one or more sectors of the national economy. Stopping some of them, such as blast furnaces for smelting pig iron, can lead to serious industrial accidents.
Emergency (emergency) services. The population needs the services of police, fire, medical, and gas services around the clock. The nature of working time at such enterprises is quite heterogeneous (unstable), since it directly depends on the occurrence of certain events (accidents, emergency calls, etc.) that require immediate action.
Trade and service establishments: convenience stores and supermarkets, some canteens and restaurants and others.
Infrastructure enterprises. The transport system must ensure round-the-clock transportation of goods and passengers, and therefore almost all railway, road, sea, river, aviation and pipeline companies operate on a shift work basis.
Enterprises where the production process, through the introduction of a shift work schedule, can ensure the most efficient use of equipment and premises.

A shift work schedule is a work schedule according to which the working hours of an employee of an enterprise may vary on different days. The introduction of such a labor regime is advisable when the production process is continuous and requires constant management and control by workers. You can learn about the essence, features and procedure for introducing a shift work schedule in this article.

Legal assistance

Payment procedure: in accordance with Art. 153 of the Labor Code of the Russian Federation, compensation for work on weekends must be made in double amount;
Order number and date;
Director's signature;
What document should the accounting department use when calculating wages: this order;
The essence: to involve in work on a day off (indicating the date, time of start and end of work, as well as the time of rest break). Positions and full names must also be indicated. each of the subordinates;
Signatures of the involved employees confirming familiarization with the order.

Analysis of a typical situation of duty on weekends and holidays: payment When calculating compensation for work on a day off, difficulties usually arise regarding the calculation of compensation, but here it is enough to be guided by the provisions of Art.

Specifics of work and nuances

An employment contract with a school security guard has its own characteristics, determined by the specifics of the work. When a watchman has a shift work schedule, that is, when working during the day, the document must contain a specific indication of this: “the watchman’s work schedule (indicate full name) 2 through 2.” In such cases, it is necessary to take into account the maximum allowed time worked for this type of work - 160-180 hours per month. This is the norm.

A sample employment contract concluded with a school custodian contains an indication of a clear definition of the employee’s working hours. Unlike other workers, whose main working time is day, for a watchman it is night. Therefore, working hours have been established - its beginning and end. Night time of the Labor Code of the Russian Federation (Part 1 of Article 96) is defined as the interval from 22.00 to 6.00.

The duration of such time for guards is not allowed to be reduced.

Employment contract with a watchman

(place of conclusion of the agreement) (date of conclusion of the agreement) (full name of the employer) represented by ____________________________ ____________________________________, (name of position) (full name) acting on the basis of _____________________________________________, (Charter, Regulations, Power of Attorney) hereinafter referred to as “Employer” , on the one hand, and __________________________________, hereinafter referred to as the “Employee”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows: 1.1.