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I work at one of the city's enterprises. I wrote an application for another annual paid leave. The application has been signed. The money has been credited. I know that vacation pay is due 3 days before the start of the vacation. I'm waiting for the transfer to the card. No money left. On my way to the office they tell me that vacation pay will be transferred to the November salary.
There may be cases when a student, in his free time from studying, performed work under an employment contract. In such a situation, the employer, simultaneously with the payment of wages, makes insurance contributions, which gives the student the right to credit the period of being in labor relations with work experience.
In Moscow, a grocery store security guard knocked out a customer with one movement, and then dragged him away...
Friends, hello! I'm Tasha Murasheva. Today I am sharing with you instructions in case the store security is torturing...
Question: Does labor legislation allow the establishment of a 24-hour work shift for security workers (watchman, watchman, checkpoint controller)? Are they provided with rest and meal breaks and for how long? Should the standard working hours be observed for each employee if one workplace is served by 4 watchmen during a 24-hour operation?
In this article we will dwell in detail on what to do if you have not paid your vacation pay before the start of your vacation.
I wonder why you don’t have a lunch break? Don’t you take one yourself or is it not specified in your employment contract? You are entitled to 10 minutes every hour.
If the buyer finds himself in an unpleasant situation when a security officer demands that he show the contents of his bag, personal belongings, or even tries to conduct a search against his will, it is important to understand that the buyer has the right to refuse, having legal grounds.
The guard is sleeping - the salary is coming
Russian legislation does not provide for long unpaid sleep breaks in the work schedule. If a security guard is given the opportunity to sleep at work for 4–6 hours at night, his sleep is considered working time (the employee is on the employer’s premises and does not manage his own time).
But even if the employer gives the security guard complete freedom of action (“from one in the morning to five in the morning, walk wherever you want!”), four hours of “time off” will still not fit within the legally permitted duration of an intra-shift break.
Accounting for working hours during daily work hours
Consideration of the issue of rest under a 24-hour work schedule is impossible without clarification of how working time is calculated under such a schedule. After all, it is obvious that daily work involves a significant excess of the normal duration of work per day and even per week. In this case, the rules on summarized recording of working time are used (Article 104 of the Labor Code of the Russian Federation). You can learn more about the procedure for recording working time from the corresponding article.
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In short, this calculation of working time assumes that one of the periods is considered the starting point:
- month;
- quarter;
- year.
That is, the time worked by the employee should not exceed the indicators for the period taken as a basis, even if within one week it is expected to go beyond the basic working hours.
Accordingly, if, with a 24-hour work schedule based on the “every other day” principle, the duration of work in 7 days exceeds the established 40 hours, the work schedule must be drawn up so that in the selected accounting period (for example, a month) the duration of working hours remains normal. To understand how a schedule is drawn up when recording working hours in total, you can read the information from the article on this topic. As a result, overtime in one time period is compensated by rest in another.
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Rest while working
Articles 59 of the Labor Code of the Russian Federation and 110 of the Labor Code stipulate the duration of weekly continuous rest (weekends) of at least forty-two hours - a little less than two days (time counting begins from the end of the work shift on the eve of the weekend - and ends with the time of going to work). The most common standard schedules with shift durations of 12 and 24 hours (such as every other day or two days of 12 hours/two days of rest) fit into these standards without any stretch.
The time and duration of technological breaks can be stipulated in the internal regulations (for example, 10 minutes at the end of every second hour of work) - this is effective not only from the point of view of labor discipline, but also from the point of view of physiology. Rest “on a schedule,” compared to irregular breaks that occur at the discretion of the guard himself, is much more effective. Although they will arise in any case: after all, the guards are not robots, and diapers are not yet included in the standard uniform.
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.
Order to introduce 24-hour duty
- Issue an order to introduce 24-hour duty.
- Make changes to the Labor Regulations and/or the collective agreement (Part 1 of Article 100 of the Labor Code of the Russian Federation).
- Draw up a shift schedule (Part 3 of Article 103 of the Labor Code of the Russian Federation).
- Draw up additional agreements to the employment contracts of employees who are transferred to round-the-clock duty (part 1 of article 100, paragraph 6 of part 2 of article 57 of the Labor Code of the Russian Federation).
In principle, labor legislation does not prohibit the use of 24-hour shifts in enterprises and industries. When drawing up a schedule for such shifts, it is necessary to be guided by Article 91 of the Labor Code of the Russian Federation, which establishes the concept of working time, the normal duration of working time in one week and the procedure for calculating the standard working time for certain calendar periods. Taking into account the legal norm of no more than 40 hours of work per week, it is optimal to calculate round-the-clock duty according to the “every three days” schedule. In this case, one should take into account the provisions of Article 96 of the Labor Code of the Russian Federation, which specifies the categories of workers who are unlawfully involved in night work, and therefore in round-the-clock duty.
What governs the rights and responsibilities of a store security guard?
There is a wonderful law that perfectly describes what a store or supermarket security guard has and does not have the right to when carrying out his activities - Law of the Russian Federation of March 11, 1992 N 2487-I “On private detective and security activities in the Russian Federation.” Section 3 is entirely devoted to private security activities, which includes the activities of security guards in shops and supermarkets. Section 5 regulates the procedure for the use of physical force, and section 7 contains information on monitoring the activities of private security companies under whose auspices security guards work.
How much sleep does a security guard get on daily duty?
Good afternoon, Anastasia. Yes, it has moved in time, as provided for by Decree of the Government of the Russian Federation dated 11/06/2002 146 (as amended on 06/29/2014) "On the implementation of police officers dated December 22, 2006 52-FZ" On the social protection of disabled people in the Russian Federation "Article 2. Basic concepts used in this Federal Law 1. State awards (of the Russian Federation and internal troops, military formations), government bodies, local government bodies, military control bodies, control bodies, their officials in areas and localities in which, in the established recognized as low-income in accordance with the established procedure and containing signs of connection (technological attachment) of capital construction projects (kiosks, canopies and others) is not mandatory for inclusion in the contract of compulsory civil liability insurance of the owner of the vehicle. Thus, for a one-time protector, child care is subject to purchase only when the unauthorized room is demolished. After March 1, 2013, from July 1, 2013, actions were committed that violated regulatory legal acts, subject to compliance with the specified rules, this entails establishing the fact of registration as those in need of residential premises.
Dear Olga! In accordance with paragraph. 1 tsp. 1 tbsp. 356 of the Labor Code of the Russian Federation, the Federal Labor Inspectorate exercises federal state supervision and control over employers’ compliance with labor legislation and other regulatory legal acts containing labor law norms, on the restoration of violated rights of workers, bringing those responsible for these violations to disciplinary liability or removing them from office in in the prescribed manner. Part 1 of Art. 5.27 of the Code of the Russian Federation on Administrative Offenses Chapter 12 Article 12.7 1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for training driving) - entails the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles. (as amended by Federal Laws dated June 22, 2007 116-FZ, dated July 24, 2007 210-FZ, dated July 23, 2013 196-FZ) (see text in the previous edition) 3. Driving a vehicle by a driver deprived of the right to drive vehicles , - entails administrative arrest for a term of up to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code, in the amount of thirty thousand rubles. 4. Repeated commission of an administrative offense provided for in Part 1 or 2 of this article shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of one and a half to two years. REAL ASSISTANCE FROM A LAWYER. Phone E-: 2005.
Does a store security officer have the right to use physical force?
Yes, it has. Art. 16 of the law in question directly indicates this, but there are a number of conditions and nuances that the security guard must comply with so that his actions remain within the legal framework.
Firstly, the security guard is obliged to use physical force strictly in cases where he has grounds for doing so. In our case, this can only be the suppression of offenses and forcing the person who committed it to remain within the store until he is handed over to the police.
Secondly, there is a clear procedure for using physical force - warn about its use, minimize the harm caused, provide first aid. The security guard must balance the resistance provided with the volume of actions he is performing. Under no circumstances can he exactly swing his fists left and right, but he can truss up a violent citizen and force him to wait for the police to arrive.
“They’ll merge us anyway.” Ford leaves Russia in Russian style - ignoring workers' strikes
Open taking of money without the use of weapons
This is what the guards call the fine system.
What does the Labor Code provide for negligent employees? Reprimand, severe reprimand, dismissal. But private security companies have their own territory, their own laws, which they can introduce or change whenever they want.
Private security company "Garant" in the village of Inozemtsevo. During daily duty, the security guard is allowed 2 hours of rest (according to the Labor Code, even with round-the-clock duty, the employee has the right to 4 hours of rest), but at the same time they are paid for 22 hours of work. The “body” is on the object and in the form, but at the same time it seems to be absent!
If you arrive 15 minutes before you take up your post, you will receive a fine of 500 rubles, because the scam starts half an hour before your shift.
Private security company "Vympel" To receive weapons and formation, you must show up at 7.30, or even earlier. Ten shifts cover 5 hours. Nobody thinks to pay for them.
"Enhanced Security Measures"
Departmental security is weakening everywhere, coming to naught, and it is very expensive for the enterprise. Increasingly, reputable institutions (even banks) use private security services.
How this happens can be seen in the example of the security service reform at the North Caucasus Federal University (NCFU).
Doctors on duty
04.05.2018
Doctors' shifts The night shifts of doctors and nurses are a matter of dispute in many medical institutions. Not all health workers understand the legality of involving them in work at night. Let's consider the legal features of doctors' night shifts, their payment, the rules for calculating rest and work time, as well as other points. Night duty for doctors: concept At the moment, a clear concept of night duty, as well as a doctor on duty, is not formulated in labor legislation. However, a number of regulations contain reference to the doctor on duty:
- The Federal Law “On the Protection of Citizens’ Health” states that the doctor on duty makes decisions on medical intervention in relation to patients without his consent or the consent of his legal representatives in prescribed cases.
- The provisions of the Civil Code of the Russian Federation give the doctor on duty the right to certify citizens’ powers of attorney if necessary. This is provided for in Art. 1127 of the Civil Code of the Russian Federation, which states that certification of powers of attorney for patients by doctors on duty at medical institutions is equivalent to a notarized power of attorney.
The procedures for providing a specific type of medical care specify the responsibilities of doctors on duty and the specifics of their decision-making on prescribing medications and procedures. First of all, night duty of doctors is necessary in a medical institution that continuously provides medical services to citizens, for example, various hospitals (24-hour, daytime in two shifts, weekends). Working hours of the doctor on duty The duty of medical workers is always associated with the duration of their working hours. In accordance with the provisions of labor legislation, the following components are included in the concept of working hours:
- working week duration regime – number of working and non-working days;
- duration of daily stay at work (shift);
- start and duration of the working day;
- rest time during the working day and breaks during it.
The duration of all these components of work is established by orders of the chief physician of the hospital. When drawing up work schedules for employees, the opinion of the health workers' union should be taken into account. Thus, the work schedule of the doctor on duty represents his working time, distributed over a certain period of reporting time. In accordance with local acts of the medical organization and the rules of labor legislation, during this time the doctor must fulfill his professional duties. It should be remembered that health workers are entitled to reduced working hours, which cannot exceed on the basis of Art. 350 Labor Code of the Russian Federation 39 hours a week. The length of each employee's shift or working day is determined by the employee's specific position and profession. For employees living in rural areas, extended part-time working hours may be established in accordance with Decree of the Government of the Russian Federation No. 813 of November 12, 2002. Shift work and night shifts of doctors Nursing staff, as well as orderlies, usually work certain shifts according to a daily schedule, for example, three people go on a shift for a day and rest. Medical personnel usually work in the department during the day, and according to a monthly schedule they go on night duty. In this case, we are talking about shift work in a department of a medical institution. As established by the Labor Code of the Russian Federation, shift work is such when the duration of the work process exceeds the duration of the work of medical staff. By establishing a shift work schedule, medical equipment is used more efficiently and the volume of medical services provided increases. In this case, the shift mode can be implemented in two, three, four shifts. Time of night duty The duty of medical workers is considered night duty if it began at 17:00 or later and ended at 8:00 am the next day. Day duty can last until 6 pm. Since the daily duty of health workers often falls on holidays and weekends, some clarification is necessary. Night time lasts from 10 pm and ends at 6 am. The current document is the USSR Ministry of Health - letter No. 02-19/21 dated December 11, 1954, which states that in the evening and at night, available medical staff of full-time specialists work with patients, taking into account the working hours established at the main place of work and part-time. At the same time, work hours in the evening and at night must be taken into account in the monthly duty schedule of doctors, which is approved by the chief physician of the medical institution. Sleep during night duty One of the most controversial issues related to the night work of doctors is sleep during night duty. Very often, the management of a medical institution applies disciplinary sanctions to its medical staff for resting or sleeping during night work. In this regard, health workers often ask higher-level departments who exactly has the right to rest during night duty and how long it should last. As established by the already mentioned letter of the USSR Ministry of Health No. 02-19/21 dated December 11, 1954, medical workers can be assigned a night shift with the possibility of sleeping. However, there are some exceptions:
- medical personnel who provide emergency therapeutic, surgical and gynecological care to the population;
- medical staff of maternity wards, surgical wards, psychiatric and infectious diseases wards.
Junior hospital staff are not allowed to work with the ability to sleep during night duty. Therefore, it is recommended that local regulations of a particular medical institution and its divisions specify which categories of health workers have the right to sleep during night duty and at what time. Duty at home of medical workers With the consent of a health worker, he may be assigned to duty at home in order to provide urgent and emergency care to the population. At the same time, the medical employee may remain at home during the entire period of duty, with the exception of calls for emergency and emergency calls. When a health worker is on duty at home, his working time is counted as follows: every hour of time during which the worker is on duty at home is considered ½ hour of working time. Moreover, the total duration of such duty cannot exceed the monthly norm of a health worker for the corresponding period. Rest of an employee during the period of duty During the shift or duty of the employee, he must be given a time for rest. So, in accordance with Art. 108 of the Labor Code of the Russian Federation, he should be given from 30 minutes to 2 hours of rest. During this time, the employee is considered free from performing his job duties. The specific duration of rest time should be fixed in the local regulations of the hospital. In accordance with the rules established by the Labor Code of the Russian Federation, all employees are provided with days off, which constitute a continuous weekly rest. For example, if an employee has a five-day work week, he is given two days off. The general day off for everyone is Sunday. If a medical institution does not have the opportunity to stop work on weekends for certain reasons, for example, in connection with medical procedures for hospitalized patients, then employees are given days off on different days of the week by agreement with the employee. They are reflected in the shift schedule. For example, an employee can work one day and rest three days. These will be his days off. Certain categories of employees cannot be assigned to night duty:
- minor employees;
- pregnant women;
- with written consent - women with children under three years of age and with disabled children, employees caring for sick relatives, single parents raising children under 5 years of age;
- employees with disabilities are also allowed to work at night only if they have a medical certificate about this possibility and written consent.
Payment for duty of medical workers The Labor Code of the Russian Federation regulates the procedure for remuneration of employees who work at night, as well as on weekends and holidays. Decree of the Government of the Russian Federation No. 554 of July 22, 2008 is devoted to the issue of payment for medical workers on duty at night. Please note that the procedure for paying doctors for duty must be established by the remuneration system in force in this organization (in accordance with the requirements of Article 144 of the Labor Code of the Russian Federation). At the same time, in accordance with Part 2 of Art. 154 of the Labor Code of the Russian Federation, payment for the “night part” of daily duty (time from 22 o’clock to 6 o’clock, in accordance with Article 96 of the Labor Code of the Russian Federation) should be set at an increased rate. The minimum increase in wages for work at night (from 10 p.m. to 6 a.m.) is 20% of the hourly tariff rate (salary (official salary) calculated per hour of work) for each hour of work at night (Resolution of the Government of the Russian Federation dated July 22 2008 No. 554). The specific amounts of increased wages for work at night are established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, and an employment contract (Part 3 of Article 154 of the Labor Code of the Russian Federation). We also draw your attention to the fact that if, according to the schedule, the shift falls on a holiday, then it must be paid at an increased rate, according to the norms of Art. 153 of the Labor Code of the Russian Federation, taking into account whether the hours worked on a holiday fall within the norm in the current month or exceed it (as follows from Explanation No. 13/P-21, approved by Resolution of the State Committee for Labor of the USSR, Presidium of the All-Union Central Council of Trade Unions dated August 8, 1966 No. 465/P-21, and the Decision of the Supreme Court of the Russian Federation of November 30, 2005 No. GKPI05-1341). Moreover, payment is made to all employees for the hours actually worked on the holiday. When part of a work shift falls on a holiday, the hours actually worked on the holiday (from 0 hours to 24 hours) are paid at double the rate. According to Part 2 of Art. 153 of the Labor Code of the Russian Federation, specific amounts of payment for work on a day off or a non-working holiday can be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, an employment contract (but not less than the amounts guaranteed by current labor legislation). Please note that hours of work at night on holidays are paid both as night hours (in accordance with Article 154 of the Labor Code of the Russian Federation) and as holidays (in accordance with Article 153 of the Labor Code of the Russian Federation). Article 154 of the Labor Code of the Russian Federation does not contain additional conditions for establishing increased pay for night work, in particular, that only night hours worked during working hours are paid at an increased rate. Accordingly, the norms of Art. 154 of the Labor Code of the Russian Federation applies to any night work performed both during working hours and outside it (overtime, on weekends and holidays). The dependence of the amount of pay for duty on the bed capacity can only be if the wage system in the organization establishes certain standards for the workload for workers, in this case, the additional payment will be due to the excess of the workload standards (volume of work), and the specific amounts of the additional payment can only be established by the system remuneration for this organization. Duties of medical workers Medical workers can perform duty functions not only according to the schedule, but also outside the normal working hours. The Labor Code of the Russian Federation states that both the main labor function of the employee and the additional work performed by him must be reflected in the employment contract and be formalized as part-time work or a combination of positions. Peculiarities of attracting health workers to duty The duties of health workers are of a specific nature, therefore payment for duty must be included in the average earnings. All functions that a medical worker performs while on duty must be specified in the job description and employment contract. But it is worth paying attention to the fact that no matter what additional work a health worker has to do, it can only be done with his voluntary consent, as specified in the Labor Code of the Russian Federation. For example, doctors of outpatient departments of hospitals, dispensaries, and maternity hospitals can be involved in duty in hospitals only with their voluntary consent or if such functions are provided for by their duties. If the inpatient department is the place of work of a medical worker, then the performance of functions during night shifts (the Labor Code of the Russian Federation clearly states this) should be reflected in his job responsibilities. The head of a medical institution has the authority to approve the workload norm for an employee of an organization under his control. How time on duty at home is recorded In order to implement the program of state guarantees of free provision of emergency and urgent medical care to citizens, medical workers can be on duty at home, however, as in all other cases, this can only happen with their consent. If a medical worker agrees to be on duty at home, that is, to wait for a call to provide emergency or urgent medical care, then the time of such duty is paid in the amount of ½ hour of working time for each hour of such duty. It is worth noting that the duration of working hours, taking into account the duty of a medical worker at home, should be equal to the standard time of a medical worker for the corresponding period. The internal labor regulations establish a summarized accounting of the working time of those health workers who are on duty at home. The work schedule for home duty includes the start and end times of the medical worker's duty. The schedule is approved by the employer, however, the opinion of the representative body of employees must be taken into account. When calling a medical professional on duty at home to provide emergency or emergency care, not only the time spent providing medical care is taken into account, but also the time spent traveling to the place of call and back. Accounting is made in the amount of 1 hour of working time for each hour of medical care and follow-up. During the accounting period, the time on duty at home must be adjusted so that its total duration does not exceed the standard working time of a health worker for the corresponding period. The recording of travel time from home to the place of call and back is carried out in accordance with local regulations and on the basis of agreement with the representative body of workers. Each employer is required to keep records of the time a medical worker is on duty at home, the length of medical care provided, and the travel time from home to the place of work and back in the event of a call. For example, the reduced working hours of one of the doctors are 39 hours a week. His work schedule at the hospital where he works includes 29 hours a week of medical care and 20 hours a week of home duty. The total working time is 49 hours per week. It is worth noting that the 20 hours allocated for duty at home are counted as half an hour for each hour of duty (including night shifts; this point is also spelled out in the labor code). As a result, the working time is thirty-nine hours, that is, it corresponds to the standard time of a medical worker for the corresponding period. Results of applying the norm of Article 350 of the Labor Code of the Russian Federation If we talk about the real time of duty at home, it is worth noting that any health worker, carrying out this type of duty, actually works in an extended day. And this, of course, contradicts the norms of the Labor Code of the Russian Federation. Therefore, most often, employees engage in such activities without much desire, which contributes to the emergence of a tense psychological climate in the team. As a result of monitoring carried out by the Central Committee of the Health Workers Trade Union in order to study the state of affairs regarding the implementation of Art. 350 of the Labor Code of Russia regarding the implementation of duty at home, it was revealed that, as a result of the lack of staff positions, carrying out duty at home within the established working hours is a big problem, sometimes even unsolvable. After all, insufficient staffing often leads to the fact that for some specialists such duty turns into round-the-clock duty. A big disadvantage of the work-at-home system is that duty is carried out outside working hours, for which payment is made either for overtime work, or for part-time work, or in the form of compensation payments. Art. 99 of the Labor Code of the Russian Federation provides for restrictions on attracting workers to overtime work - no more than 120 hours, however, in practice, the time spent on duty at home significantly exceeds the established norm. Payment for night duty at home for medical workers Payment for night duty at home for doctors has its own characteristics, for example:
- the calculation of payment for duty at home is at least 20% of the hourly tariff rate of salary calculated per hour of work, for each hour of work at night, or in accordance with the terms of the local regulatory act of the medical organization and the employment contract;
- time on duty at home is taken into account in the amount of one-half hour of working time for each hour of duty at home;
- are paid for night shifts ( this is described in more detail in the Labor Code, Art. 154) at an increased rate compared to work under normal conditions;
- the amount of payment should not be lower than the amount established by the Labor Code of the Russian Federation or other regulatory documents;
- The minimum increase in night duty pay is equal to twenty percent of the hourly tariff rate for each hour of work at night.
Article 94 of the Labor Code of the Russian Federation establishes the duration of the night shift - from 22:00 to 06:00, which means that medical workers on duty at home at night are paid for exactly this time. The calculation takes into account the minimum increase in wages for night work - 20 percent of the salary calculated per hour of work.
How to pay for an emergency call to a doctor at night and on a holiday
Quite often situations arise when it is necessary to urgently involve a doctor in work on a weekend, holiday or at night. Before the Labor Code of the Russian Federation determines that work on a weekend or holiday is paid in addition to the salary as a double daily or hourly rate (part of the salary/official salary for a day or hour of work). Also, Article 135 of the Labor Code of the Russian Federation specifies that this must be done if the work was completed in excess of the monthly working hours. Payment for work on a day off can be set higher than the double rate, but not lower. Specific amounts of payment are specified in the collective agreement, local regulations (taking into account the opinion of the trade union) and the employment contract (effective contract). The Regulations on Remuneration may establish that work on a weekend and/or holiday is paid taking into account compensation and incentive payments provided for by the remuneration system of a particular medical organization. Overtime work on a holiday is paid only as work on a holiday. There is no need to count it as overtime (Resolution of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions dated August 8, 1966 No. 465/P-21). To get an employee to work on a weekend or holiday:
- issue an order for employment;
- inform the employee of the right to refuse work;
- obtain the employee’s written consent to work on a weekend or holiday;
- take into account the opinion of the trade union.
Such rules were established by Article 113 of the Labor Code of the Russian Federation.
Is it necessary to pay for work at night if the employee has an irregular working day? Yes need. Irregular working hours are a special mode of work. Under this regime, individual employees can be involved in performing their work functions beyond the working hours established for them. This happens sporadically, by order of the employer. The list of positions of employees with irregular working hours is established in the collective agreement, agreements or local regulations of the organization. This procedure was established by Article 101 of the Labor Code of the Russian Federation. As a general rule, work in irregular working hours is compensated to the employee by additional paid leave (Articles 116, 119 of the Labor Code of the Russian Federation). The duration of such leave must also be determined in the collective agreement or the organization’s labor regulations (but not less than three calendar days). At the same time, an employee’s work in conditions that differ from normal conditions should also be compensated, but in monetary terms. The list of working conditions that are considered different from normal includes, among other things, the employee performing a labor function at night (Article 149 of the Labor Code of the Russian Federation). Employees who work irregular working hours are subject to all the guarantees of labor legislation. Therefore, pay for work at night at a higher rate, just like other employees (Part 1 of Article 154 of the Labor Code of the Russian Federation). Thus, if you hire an employee who has been assigned irregular working hours to work at night, provide him with:
- additional paid leave for irregular working hours;
- increased wages (compared to daytime work) for each hour of work from 10 p.m. to 6 a.m.
Similar conclusions follow from Rostrud’s letter dated June 25, 2012 No. 929-6-1.
When working 24 hours
According to Art. 100 of the Labor Code of the Russian Federation, the working time regime must provide for the duration of the working week (five-day with two days off, six-day with one day off, work week with days off on a sliding schedule, part-time work week), work with irregular working hours for certain categories of workers, duration daily work (shift), including part-time work (shift), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days.
Interesting: Statement why the child was not at school
Thus, the Labor Code of the Russian Federation makes it possible to establish for employees not related to those listed in Art. 94 of the Labor Code of the Russian Federation categories, such a mode of operation in which the time interval between the beginning and end of work is 24 hours. Since the Government of the Russian Federation has not established otherwise, I believe that workers employed in the professions specified in the question can be assigned a work schedule: every other day.
Employee rest during a 24-hour shift
The time for granting a break and its specific duration must be established by the internal labor regulations of the organization in which the employee works, or by agreement of the parties between the employee and the employer.
In addition, I would like to note that such a concept as “rest for sleep” is not established by law. However, Art. 109 of the Labor Code of the Russian Federation provides for special breaks for heating and rest. According to this article, for certain types of work, it is provided for the provision of special breaks to employees during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations. We draw your attention to the fact that, in accordance with Art. 109 of the Labor Code of the Russian Federation, special breaks for heating and rest are included in working hours. In addition, the employer is obliged to provide premises for heating and rest of employees.
Shift night schedule and healthy sleep
Ideally, our wakefulness should correspond to the light part of the day, and our sleep should correspond to the dark part. According to this, our internal clock works, biochemical and physiological reactions occur in the body. While the sun is above the horizon, all our organ systems are actively working, our metabolism “accelerates,” and our body temperature rises. By nightfall, all these processes slow down, hormonal levels, enzyme synthesis, nervous system activity, and so on change; we feel tired and want to fall asleep.
Daytime sleepiness, problems falling asleep, low mood, a tendency to depression, digestive disorders - symptoms of circadian rhythm disorders significantly worsen the quality of life. Ideally, to improve sleep and maintain health, you should stop working at night. But if you can’t keep a shifting night schedule, you can at least try to reduce its harmful effects. The following tips will help with this.
02 Dec 2020 uristfree 269
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