Article 301 of the Labor Code of the Russian Federation. Work and rest schedules when working on a rotational basis
Each day of inter-shift rest provided in connection with overtime is paid in the amount of the daily tariff rate, daily rate (part of the salary for the day of work). See below for an example of calculation (example 2). Higher pay can be established by a collective agreement, local regulation or employment contract (Part 3 of Article 301 of the Labor Code of the Russian Federation).
Place of work: Vladivostok
- Social guarantees in accordance with the Labor Code of the Russian Federation.
- Paid travel to the place of work and on inter-shift rest.
- Providing special clothing.
- Organized accommodation in a hostel at the expense of the employer.
- Three meals a day in the dining room.
- Watch 1/1
Weekly uninterrupted rest is provided according to the work schedule and can occur on any day of the week. Inter-shift rest is the processing time during the shift period. Overtime may arise, in particular, as a result of reducing the daily rest between shifts to 12 hours, taking into account lunch breaks.
During Nikanorov’s shift, 16 shifts of 11 hours each are assigned (a total of 176 working hours), 4 of which are on weekends.
According to Art. 299 of the Labor Code of the Russian Federation, a shift is considered to be the total period, including the time of work at the site and the time of rest between shifts. As a general rule, the duration of a shift should not exceed 1 month.
During shift work, the length of the working day (shift) may change according to the shift schedule. Shift work schedules are used that provide for a reduction in the length of the working day (shift) at the beginning and end of the week and an increase in the middle of the week.
Federal Law of June 30, 2006 N 90-FZ) Hours of overtime working within the work schedule on a shift, not multiples of a whole working day, can be accumulated during the calendar year and summed up to whole working days with the subsequent provision of additional days of inter-shift rest. (part four in ed.
How to calculate payment while traveling on a rotational basis
The employee is entitled to 13 paid days of inter-shift rest. In fact, he worked 290 hours, since during several shifts, on the orders of his employer, he was delayed by one hour. The employee's salary is RUB 55,845. per month.
To pay for inter-shift rest days and overtime hours beyond the schedule during the shift period, the company uses an hourly rate calculated based on the average monthly number of working hours. It is necessary to calculate payment for days of rest between shifts, as well as payment for overtime hours on shift in excess of the established schedule.
Solution Calculation of the hourly rate based on the average monthly number of working hours in 2020 In 2020, the average monthly number of working hours is 164.25 (1971 hours: 12 months). The hourly rate is 340 rubles. per hour (RUB 55,845: 164.25 hours).
Calculation of alimony during shift work also has its own peculiarity. Thus, the bonus paid is not included in the basis for calculating withholding.
Stroitelny Trest LLC carries out work on the construction of a bridge in a region more than 500 km away from the company’s location. The academic period is 1 year.
Norm in 2020: working days - 247, working hours - 1973. Installer Seliverstov A.K. in December 2020 the following schedule is set:
- working shifts are set from December 2 to 9 and from December 21 to 28 at 12 o'clock. Day off is Sunday.
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Payment for inter-shift rest days: calculations, examples
The first type is the scheduled hours of work that exceed the number of hours of normal work. At the end of the shift, the company compensates for this overtime by providing paid days of rest between shifts. They can only occur on working days according to a five-day workweek schedule.
In case of incomplete work time in the accounting period or on a shift, calendar working hours falling on days of absence from work are deducted from the norms established by the schedule, in accordance with clause 4.5 of the Basic Provisions.
Hours of overtime within the work schedule on a shift, not multiples of a whole working day, can be accumulated over the course of a calendar year and summed up to whole working days, with the subsequent provision of additional days of inter-shift rest.
One of the options for solving the problem: In this case, a comprehensive solution to the problem will be: - reducing tariff rates in order to redistribute part of the wages to days of rest between shifts; Dear colleagues, what decision have you made regarding this situation, what advice and recommendations will you have?
How to configure time types in the program
Watch. The duration of daily work (shift) should not exceed 12 hours (clause 4.2 of Resolution No. 794/33-82), rest between shifts cannot be less than 12 hours. Work shift time includes paid working time and intra-shift breaks, such as lunch.
time type in the program is preset, does not require additional configuration and is intended to describe work shifts on a watch. This type of time is enough for shift planning, since it is obvious that the rest of the day is spent on intra-shift breaks and rest between shifts.
Weekly rest days. The number of days of weekly rest during the shift period must be no less than the number of full weeks of the shift. The days of such rest can fall on any day of the week (clause 4.3 of Resolution No. 794/33-82). This means that the employee can use them at the beginning or end of the shift or rest, for example, every seventh day of the shift. Weekly rest days are similar to regular days off - they are not paid, but they must be allocated:
- to comply with the requirements of paragraph 4.3 of Decree No. 794/33-82;
- to calculate shift allowance instead of daily allowance.
Days of travel. The schedule should include the days required to transport workers on shift to the place of work from the assembly point and back. Days of travel to and from work are not included in the normal working hours and fall on the days of the inter-shift break. When generating a time sheet, the number of travel days may differ from the planned time according to the schedule, for example, due to meteorological conditions. At the same time, the number of unpaid days off between shifts will be reduced.
Days of paid inter-shift rest. Some days of inter-shift rest may be paid. We are talking about days of rest arising due to overtime (Article 301 of the Labor Code of the Russian Federation). The days of paid inter-shift rest must be taken into account when drawing up the schedule. The number of days of inter-shift rest in the accounting period is calculated using the formula:
(Normal working hours for a shift in hours according to the schedule - Normal number of working hours for the accounting period) / 8
The normal number of working hours for the accounting period is determined based on the working hours established for this category of employees individually for the employee. To determine the individual norm of working time for each employee, it is necessary to subtract from the general norm of working time the norm of time falling on periods of vacation, illness or other absence from work (clause 2 of the Explanation of the Ministry of Labor of Russia dated December 29, 1992 No. 5.) So, in 2020, the total the standard working time for the year with a 40-hour work week is 1971 hours.
The methods for calculating payment for travel days and days of paid inter-shift rest are the same, but they must be distinguished when creating a work schedule because when calculating the shift bonus instead of daily allowance, the number of travel days is taken into account, in contrast to the days of paid inter-shift rest, and these days must also be paid for in various accruals from -for differences in taxation and insurance (more about this in setting up the corresponding charges).
Unpaid days off between shifts. The days of the inter-shift break in the working time schedule that remain after taking into account travel days and paid days of inter-shift rest will be unpaid days off in the schedule. In the program "1C: Salary and HR Management 8" ed. 3.0 there is no need to configure them, since the days corresponding to this type of time can simply be skipped when setting up the schedule, like regular weekends with any schedule.
Thus, to create a work schedule to take into account working time standards and payroll calculations, you must first configure the following types of time in the Classifier of Types of Use of Working Time (menu Settings -> Types of Working Time):
- Weekly rest days;
- Days of travel;
- Days of paid inter-shift rest.
In the time type card (Fig. 1), you should indicate the Name and Alphabetic or Numeric code to be reflected in the timesheet.
There are no designations recommended by Rosstat for these types of time, so you can assign your own. For example, days of weekly rest can be designated “Вв (day off on shift), days of travel D (road), and days of paid inter-shift rest В (day off with pay).
If it is customary to use digital encoding, then you can assign any previously unused two-digit numbers.
In the Main time field, select a preset time type for time types:
- Weekly rest days - Weekends;
- Days of travel and Days of paid inter-shift rest - Additional days off (paid).
To create a work schedule, you need to calculate the shift cycle, taking into account all the restrictions on the shift time, the required travel time to the place of work, planned overtime, the vacation schedule and the number of shifts.
What is a watch and where is it used?
Work at construction sites of buildings and structures (Novy Urengoy, Surgut). Shift 1/1, 2/1 possible with extension. 10 hour work shift. Registration according to the Labor Code of the Russian Federation, stable white wages without delays 2 times a month (advance payment, full payment). Rest between shifts is paid. Accommodation in the hostel and meals in the dining room are free. Travel is paid (railway reserved seat).
During the period of inter-shift rest, no payments were accrued in favor of the employee, since he did not work beyond the established schedule. We determine the amount of payments that must be included in the calculation to calculate the average daily earnings: 1. January - 280,000.00 rub.2. February - 40,000.00 rub. We determine the number of calendar days that must be included in the calculation of average earnings: 1.
The specified schedule provides for the time required to transport workers to and from their shifts. Days spent traveling to and from work are not included in working hours and may fall on inter-shift rest days.
Is this calculation correct? Do we understand correctly that in this case the employee will lose a lot of money due to the fact that the inter-shift rest was not paid, and the calendar days of the billing period were included in the calculation in full? Doesn't this calculation worsen the employee's working conditions?
Each day of rest in connection with overworking hours within the work schedule on a shift (day of inter-shift rest) is paid in the amount of the daily tariff rate, daily rate (part of the salary (official salary) for the day of work), unless higher payment is established by the collective agreement, local regulations or employment contracts.
The hours of daily (between shifts) rest, as well as the days of weekly rest, not used as a result of systematic overtime according to shift schedules, are summed up and provided in the form of additional days off from work (days of inter-shift rest) during the accounting period at the rate of 1 day of rest for every 7 hours of overtime. .
The accounting period covers all working time, travel time from the location of the employer or from the collection point to the place of work and back, as well as rest time falling within a given calendar period of time. The employer is obliged to keep records of the working time and rest time of each employee working on a rotational basis, by month and for the entire accounting period.
The daily duration of work (shift) on shift can last up to 12 hours. Rest between shifts must be at least 12 hours. The minimum duration of weekly rest is one day for each full week of the month.
N 90-FZ, amendments have been made to Article 301 of this Code, which come into force 90 days after the official publication of the said Federal Law. See the text of the article in the previous edition. Article 301. The use of women’s labor in jobs involving lifting and manually moving heavy objects is prohibited. exceeding the maximum permissible norms for them.
Ivolgin works at a diamond mine on a rotational basis with shift pay. Ivolgin’s watch period is from 05/01/2018 to 05/31/2018. During his shift, Ivolgin worked 15 shifts, two of which fell on holidays - 05/01/2018 and 05/09/2018.
Shift work method: salary calculation, examples
March 11, 2020 at 01:54 pm Shift bonus is a special compensation payment for work on a rotational basis.
Resource mining enterprises, construction companies, as well as other enterprises often hire personnel on a shift basis.
In the article we will tell you what this mode of work is and how wages are paid on a rotational basis. The calculation example given in the material will help you understand what the specifics are and how to correctly calculate wages when working on a rotational basis. Related Articles Table of Contents If you find an error in the text, please let us know by highlighting it and pressing Ctrl+Enter Features of working on a shift basis are established.
Also today, insofar as it does not contradict the provisions, the working conditions of such workers are regulated by Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, and the USSR Ministry of Health dated December 31, 1987 No. 794/33-82.
Shift method: setting up accounting and calculation in “1C: Salary and personnel management 8”
Accounting, taxation, reporting, IFRS, analysis of accounting information, 1C: Accounting
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Payroll under the rotation method differs significantly from payroll under other methods of organizing work.
About how in the program “1C: Salaries and Personnel Management 8” ed. 3.0 to set up a mechanism for calculating wages of such employees, read the material from 1C experts.
The specifics of regulating the labor of persons working on a rotational basis are determined by Chapter 47 of the Labor Code of the Russian Federation. The main provisions regulating the organization of the rotation method are set out in the Resolution of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, and the USSR Ministry of Health
If an employee gets sick between shifts
When calculating the working hours of a “shift worker,” the standards established by the production calendar based on a 40-hour work week are taken into account. Amounts overpaid during the period the employee retained his average earnings will be deducted from his salary.
Many employers ignore the norms of Part 3 of Art. 301 TRK RF and clause 5.4. The main provisions appealing to their internal contradiction and the impossibility of double payment. There are employers who pay.
A classic shift is a month (4 weeks) of work 12 hours per shift with one day off per week (6 working days).
Is sick time paid on inter-shift rest days?
There must be a rest between shifts - a break between shifts. The rotation cycle also includes weekly rest - an unpaid day off at least once a week.
The designated type of activity is used in oil and gas and coal mining, development of precious metals, fishing, logging, as well as in the field of transport, construction, geology and others.
When overworking working hours within the work schedule on a shift, employees are provided with days of inter-shift rest.
The employer can approve the appropriate act without the consent of the elected body. Contradictions are reflected in the protocol, after which the act becomes valid. The elected body of workers may appeal against an act introduced in this way in the relevant state labor inspectorate or in a court of general jurisdiction.
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In this situation, the days of inter-shift rest are the accumulated overtime of the employee. It appears as the difference between the hours worked according to the schedule and the normal number of hours that the employee must work during the accounting period. If there is overtime, then the employee is entitled to days of rest between shifts.
Thus, days of inter-shift rest are provided to an employee only in connection with overtime working hours within the work schedule on a shift (part three of Article 301 of the Labor Code of the Russian Federation), while the provision of leave does not depend on the presence or absence of overtime.
Sorry, of course, but I asked you about what, that on weekends according to the schedule I am called to work, will these days be paid double in accordance with Article 153 of the Labor Code. According to Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion.
Commentary on Article 301 of the Labor Code of the Russian Federation
1. The time of shift, inter-shift rest and travel time to the place of work and back is a single cycle, which is called the work and rest regime. Work and rest regimes within the accounting period are determined by shift work schedules, which are approved by the employer taking into account the opinion of the representative body of the organization’s employees and are brought to the attention of employees no later than 2 months in advance. before they are put into effect. Violation of the approval procedure and deadlines for notifying employees will invalidate the schedule.
2. In accordance with Art. 100 of the Labor Code, the specifics of the working time and rest time regime for employees with a special nature of work are determined in the manner established by the Government of the Russian Federation. Since such a procedure has not been defined at present, the Basic Provisions on the Shift Method of Organization of Work, approved, continue to apply to the extent that does not contradict the Labor Code. Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR of December 31, 1987 N 794/33-82.
3. The normal number of hours that an employee must work in the accounting period is determined based on a 6-day work week and a daily work (shift) duration of 7 hours and a 5-hour work (shift) duration on the eve of non-working holidays and weekends. At the same time, in jobs with harmful and (or) dangerous working conditions, the standard working time is calculated based on the reduced working time established by law. The normal duration of working hours on shift is determined in a similar way. In case of incomplete work time in the accounting period or on shift (vacation, illness, etc.), working hours according to the calendar falling on days of absence from work are deducted from the established norms of working hours.
The duration of daily work (shift) under the rotation method is usually extended, but should not exceed 12 hours.
The duration of daily (between shifts) leave for employees, taking into account combined breaks, can be reduced to 12 hours.
The duration of weekly rest, which as a general rule cannot be less than 42 hours (Art.
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The Labor Code reserves the shift method of work for cases where the place of work or the employer is located at a significant distance from the permanent residence of employees and it is necessary to carry out production processes or activities listed above. Before making an appropriate decision, a draft local regulatory act plus justifications for it are submitted to the elected body of the primary trade union organization that defends the interests of workers (all or the majority).
Thus, 10.63 days is the minimum number of days of inter-shift rest that the employer is obliged to provide to the employee at the end of the shift period.
Nikanorov works on a rotational basis at the Severnaya drilling rig. Nikanorov’s watch period is from 10/01/2018 to 10/31/2018.
The following are required for construction projects: • • Reinforcement workers, concrete workers, reinforced concrete installers, MK installers • Responsibilities: Reconstruction of BRIDGES, road interchanges •• Conditions: ••1. Accommodation in the hostel is free! 2. Overalls are provided! •3. Travel is free! ••5. Shift 60 days, inter-shift leave 30 days. •6.
The time required to transport workers to and from work must also be included in the shift work schedule. These days are not included in the standard working hours and may fall on inter-shift rest days. Attention: if you make a calculation error when determining average earnings, payments to employees will be erroneously underestimated or overestimated during the period when they maintain their average earnings. Therefore, if errors are detected, the average earnings need to be recalculated.
Payment based on shift work: calculations, examples, hourly, shift
Author of the article: Anastasia Lyubogoschinskaya 4 minutes to read 477 views Contents The rotation method is a labor organization system in which the worker does not have the opportunity to return home from work every day. In the article we will look at how payment is made according to the rotation method of work, how to calculate the salary of a “shift worker” at the established shift and hourly rate. Current labor legislation defines the rotation method as a form of labor process outside the place of permanent residence, according to which the employer cannot provide the employee with a daily return to place of permanent residence. The time during which an employee is away from his place of permanent residence is called a shift.
