Does the employer have the right not to pay inter-shift leave?

Using an example, let’s look at accounting and payment for inter-shift rest.

The organization has introduced a rotational work method.
In November 2021, employees were on shift from November 2, 2020 to November 16, 2020. During this period, they worked 13 shifts of 11 hours each - a total of 143 hours. On November 17, 2020, the shift workers were en route from the place of work to the location of the organization. Departure day for the next shift is 12/01/2020.
During the accounting period, the standard working time for employees is established according to a 40-hour work week. The norm according to the production calendar during the period when workers are on shift is 79 hours. As of November 1, 2020, employees do not have any remaining unused inter-shift rest hours.
It is necessary to calculate the number of overtime hours on a shift and provide employees with inter-shift rest days for overtime hours.
Employees are paid based on an hourly rate of 200 rubles/hour. It is necessary to calculate the payment for inter-shift rest days for November 2021.

Let us first consider the general solution scheme. We will need:

Create a new Type of use of working time (Settings - Types of working time) to reflect days of rest between shifts.
Create a new Accrual (Settings – Accruals) to pay for inter-shift rest days. Inter-Shift Rest was entered .
Calculate the number of overtime hours. In ZUP 3, you can use one of the following methods for this:
full automation if only working hours are planned in the schedule;
full automation, if the schedule includes additional types of time . All three methods will be discussed further using specific examples.
Determine the number of days of inter-shift rest that are required to be provided to employees in the current month. In the article Shift - the basics of working time recording, it is discussed why inter-shift rest days should not be planned immediately Employee work schedule (Settings – Employee work schedules). It is better to register them using documents:
Data for salary calculation (Salary - Data for salary calculation). You can configure the entry of data on days of rest between shifts in the same way as the settings for travel time. For more details, see the article - Payment of travel days for shift workers - Method 2. Reflection of travel days in separate documents;
Individual schedule (Salary – Time tracking – Individual schedules). inter-shift rest days using this document is discussed in the article - Shift - setting up payment for time worked. The only thing that should be taken into account is that this document adjusts the time standard. Therefore, it is not suitable for salaried and part-time employees.
If at step 3 the full automation technique is used (option 2 or 3), then it is necessary to “write off” the used inter-shift rest hours in the accounting. This can be done using the Data Transfer (Administration – Data Transfers). For partial automation, we skip this step.

After all actions, payment for inter-shift rest days will be calculated automatically for employees in the document Calculation of salaries and contributions . If the option with full automation was chosen to account for the remaining hours of overtime, then the remaining hours of rest between shifts can be seen in the reports Vacation balances and Vacation balances (briefly) in the Personnel – Personnel reports section.

Setting up an accrual for payment of inter-shift rest

Let's create a new accrual for payment of inter-shift rest days .

On the Main we indicate:

purpose of accrual - Time-based wages and allowances ;
execution method – Only if time tracking type is entered . The accrual will be calculated in the document Accrual of salaries and contributions if the employee in the month of calculation has hours according to the type of time Inter-shift rest ;
formula. The legislation establishes the procedure for paying for days of inter-shift rest - in the amount of no less than the daily rate per day of rest. The organization may provide for an increased amount of payment, but we will proceed from the established minimum. In our case, employees have an hourly rate, so it is necessary to calculate the payment using the formula: Hourly tariff rate * Time in hours.

On the Time Tracking , note that this is an accrual for working a full shift within the normal time limits . We will indicate the type of time Inter-shift rest .

In the Average Earnings , the accrual is marked automatically as included in the calculation of the average. Settings cannot be edited.

With this setting for entering into the average, we are guided by the fact that inter-shift rest is not indicated in the list of accruals excluded from calculating the average (clause 5 of the Regulations on the specifics of the procedure for calculating average wages, approved by Government Resolution No. 922 of December 24, 2007). Days of inter-shift rest, in our opinion, cannot be classified as cases of release from work.
If you adhere to a different position and need to exclude Payment for days between shifts from the average, then in the accrual assignment you should indicate - Other accruals and payments and then on the Average earnings , reset the checkbox for inclusion in the average.

On the Taxes, contributions, accounting tab for Payment of inter-shift rest days, we will indicate that it is subject to personal income tax with income code 2000 . For the default accrual, it is established that it relates to Income that is entirely subject to insurance premiums - this suits us.

Payment for inter-shift rest days is related to the intensity of the shift workers' work schedule. Therefore, it is logical to indicate that in tax accounting it is taken into account in labor costs in accordance with clause 3 of Art. 255 Tax Code of the Russian Federation.

Also, payment is not included in the list of income that cannot be levied (Article 101 of Federal Law No. 229-FZ). Therefore, we will set the type of income of enforcement proceedings to 1 - Wages and other income with a limitation on collection .

Payment for shift work

Geographically remote work, when it is not possible to organize the return of employees home after the end of the working day, is recognized as a shift. The duration of the shift is limited by law and can last no more than one month, and in exceptional cases - three (Article 299 of the Labor Code). Payment for shift work requires special calculation rules.

General provisions for remuneration of shift workers

The rotation method involves certain inconveniences for employees, therefore the law provides for a number of guarantees for them:

receiving bonuses for days spent on shift;
payment for days of travel to and from work, as well as delays in travel due to weather conditions and the fault of transport workers;
an increase in earnings by the regional coefficient, if work is carried out in the Far North or in areas where the use of a special territorial coefficient is provided, it also provides for the accrual of “northern allowances” and the provision of additional leave;
accommodation in equipped residential premises/shift camps at the expense of the employer.

The employer may himself establish any additional guarantees. They are prescribed in a collective or individual employment contract.

For shift workers, the employer must organize summarized time tracking.

The period for which the calculation is made is set in the local document (month, quarter, year), but it should not exceed 12 months.

It includes working time, travel time (from the collection point to the place where work is performed and back) and rest time falling within the corresponding calendar period (Article 300 of the Labor Code of the Russian Federation).

Regardless of whether a regular or rotational work method is used, wages in any organization will be introduced according to one of the generally accepted systems:

When calculating the main part of earnings, the system chosen by the employer will be used. The employer has the right to award bonuses or other incentive payments provided for by the company's remuneration system.

Stages of calculating shift earnings

We can conditionally divide payroll into the following stages:

calculation of earnings depending on the system used - according to the production rate, tariff, unit of time worked;
payment for inter-shift rest days for overtime on shift;
accounting and payment for overtime work;
accrual of allowances.

Supplements are calculated separately. The following types are provided:

for the shift method;
regional coefficients;
for harmful and/or dangerous working conditions.

Payment of an allowance for shift work, in fact, replaces the payment of daily allowances, which shift workers are not paid.

Amount and taxation of shift allowances

The law does not limit the amount of shift allowances for employers. There are restrictions only for government agencies, for which the amount of allowances is regulated by authorities (Article 302 of the Labor Code). The bonus can be set as a fixed amount or as a percentage of the basic salary. The approved amount must be included in the provisions of a collective or labor agreement, or other local act.

The regional coefficient does not apply to the shift allowance. The allowance relates to compensation payments, therefore it is not taxed:

Personal income tax (clause 3 of article 217 of the Tax Code);
insurance premiums (clause 2, clause 1, article 422 of the Tax Code);
contributions to the Social Insurance Fund for industrial accidents (subclause 2, clause 1, article 20.2 of Law 125-FZ of July 24, 1998).

The remaining accrued amounts are subject to income tax and insurance premiums in the general manner.

Calculation of payment for inter-shift rest

Inter-shift rest is the difference between the time actually worked during the shift period and the standard working time for a 40-hour work week.

To make payment, you first need to calculate the standard time per shift (working days only) according to the production calendar.

Then subtract the resulting norm from the actual hours worked and divide by the established number of working hours per day (8 hours in a 40-hour week) - you get the paid number of days of inter-shift rest.

For a day of inter-shift rest, the daily tariff rate is charged (for an 8-hour working day), unless the employer has established a higher level of payment.

Examples of calculating shift earnings

To make it clearer how remuneration is calculated during a shift work method, we will give examples of calculating the total amount of earnings.

Calculation based on salary and bonus in a fixed amount

Security guard Petrov's salary is 35,000 rubles per month. It took him 1 day to get to his shift; he worked 10 working days in April (from April 2 to April 12), 12 hours each.

During the shift there was 1 day of rest - April 7. Another 1 day was spent returning. Petrov had no other shifts in April 2021. The approved amount of the shift bonus is 150 rubles per day.

The organization has a 40-hour work week. Let's calculate your earnings.

Hours worked per shift:

10 days x 12 hours = 120 hours.

Standard hours according to the production calendar in April are 175 hours.

Let's calculate earnings for hours worked (we will divide the salary by the standard hours for April and multiply by the hours worked):

(35,000 / 175 hours) x 120 hours = 24,000 rubles.

Payment for travel time at a daily tariff rate:

(35000 / 175 hours) x 8 hours x 2 days = 3200 rub.

We calculate the days of inter-shift rest as follows:

(120 hours worked - 9 working days according to the production calendar from April 02 to April 12 x 8 hours of normal labor hours) / 8 hours of normal labor = 6 days.

Additional payment for inter-shift rest:

(35000 / 175 hours) x 8 hours x 6 days = 9600 rubles

Shift work allowance:

Let's count the paid days - this is the entire period of the shift, including days of rest and en route:

1 + 10 + 1 + 1 = 13 days.

Let's calculate the bonus (the approved bonus amount is multiplied by the number of days on duty):

150 x 13 = 1950 rubles.

There is no additional payment for overtime, since fewer hours worked than established according to the production calendar (120

In total Petrov was accrued for April:

24000 + 3200 + 9600 + 1950 = 38750 rubles.

Personal income tax is withheld (in this case, the personal income tax supplement is not subject to):

(24000 + 3200 + 9600) x 13% = 4784 rubles.

Security guard Petrov will be paid:

38750 – 4784 = 33966 rubles.

Procedure for calculating overtime hours

Let us first examine the methodological nuances of calculating overtime.

The concept of inter-shift rest days was introduced in Art. 301 Labor Code of the Russian Federation. It says that days of inter-shift rest are provided for overtime hours on shift. But the procedure for determining overtime hours is not prescribed in the Code.
Also Art. 300 of the Labor Code of the Russian Federation contains a requirement to introduce summarized accounting for shift workers. Therefore, at first glance, it seems that when calculating overtime, it is necessary to act as for ordinary shift workers - if there are no overtimes during the accounting period, then there is no need to pay for them.
However, the procedure for recording time is also regulated by the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82 “On approval of the Basic Provisions on the shift method of organizing work.” This document is still in force in terms of provisions that do not contradict the Labor Code of the Russian Federation. Clause 4.3 of the Resolution states that days of inter-shift rest are provided due to the availability of hours of unused weekly and daily rest during the shift period. Hence, most experts and inspectors conclude that the calculation of overtime hours on a shift in order to provide days of inter-shift rest should be done not for the accounting period as a whole, but specifically for each period of the shift.

We will calculate the processing in accordance with the described procedure:
Let's determine the number of hours worked on shift. In our example, during the shift period (from November 2, 2020 to November 16, 2020), 143 hours were worked.
Let's determine the number of hours according to the norm of the production calendar for the period of being on shift. According to the conditions of the problem, the norm for the production calendar from November 2, 2020 to November 16, 2020 is 79 hours.
Let's calculate the number of processing hours:
143 (hours worked during the shift) – 79 (standard hours during the shift) = 64 hours.

Let's consider possible methods for calculating in the ZUP 3 hours of overtime during shift work.

Payment procedure for working days on shift

Payment for days of work during the shift period is determined on the basis of the tariff rate approved by the employment contract. If the enterprise has established shift wages, then the calculation of remuneration for the “shift worker” is calculated using the following formula:

Salary shift schedule = Tariff * Quantity cm,

where Tariffsmena is the tariff rate established for one work shift; Quantity – number of work shifts during the reporting period.

When an hourly work schedule is approved, the employee is paid a salary calculated as follows:

SalaryHourly Schedule = TariffHour * PeriodShiftHour * QuantitySm,

where Tariffhour is the tariff for 1 hour of work; PeriodShifthour – duration of one shift in hours; Quantity – number of work shifts during the reporting period.

If during the period of the shift the employee’s work shifts fell on weekends or holidays, then the employer is obliged to pay double for this period.

Let's look at an example. Ivolgin works at a diamond mine on a rotational basis with shift pay. Ivolgin’s watch period is from 05/01/2019 to 05/31/2019. During his shift, Ivolgin worked 15 shifts, two of which fell on holidays - 05/01/2019 and 05/09/2019.

Example 1. Partial automation of calculation of processing using analytical reports

Let’s leave the original data of our case and supplement it with the condition that the organization stores the remaining overtime hours and calculates them in third-party programs.
In ZUP 3, we need to obtain the initial data for calculating overtime for employee A.V. Varezhkin. for November 2021

The partial automation option involves setting up analytical reports to determine:

time standards according to the normal duration schedule during the shift period;
time worked by employees during the shift period.

Next, we calculate processing hours manually, for example, in Excel. The remainder of unused overtime hours will also have to be stored in a separate program.

This option is convenient when:

it is not possible to apply fully automated methods (for example, employees have “regular” time off);
or their use seems impractical (for example, with a small number, when it is easier to make calculations and store the balance of unused hours in Excel).

Let's get to the solution.

Let's set up a report to obtain the time norm for the watch period. We will determine it according to the standard schedule Five days. This will help you avoid manually calculating the rate for an arbitrary period according to the schedule each time. To configure we will use Universal report (Administration – Printed forms, reports and processing). Let's create it according to the information register Work schedules by type of time.
How to load report settings, see - How to connect report settings After downloading, you need to set the selection by Work Schedule = Five-day and Type of time recording = Working time from your information base.
Below are the steps to configure the report yourself to obtain the time standard for the watch period. In the Change report option (More – Other change report option), we will leave only the grouping by Work Schedule . For the Report on the Fields indicate Work Schedule and Additional value norm .

Let's rename the field Additional value norm for the report. To do this, select More - Set title and enter a new name - Hours according to the norm .

On the Selection , we will set the conditions: by Work Schedule , Type of time recording (we will collect only information about Working hours ) and Date .
the Change report variant
mode . To make the selection conditions by Date visible in the report header, open Settings and mark these conditions with the “star” icon.

As a result, with the help of this report we will always be able to obtain data on the standard time for any selected period. It is convenient to indicate the period for which we collect data on the norm in the header of the report.
If employees have a reduced work week, the setting will not be different. The only thing is that the selection will need to indicate a schedule with reduced working hours.
Let's set up a report to analyze the time worked by employees while on shift. Let's take a standard report as a basis. Time sheet (T-13) (Salary – Salary reports – Time sheet (T-13)) and convert it into analytical form.
How to do this is described in the material - Setting up a report for time analysis based on the standard report “Timesheet T-13”
How to load report settings, see - How to connect report settings After downloading, you will need to set the selection by Types of time recording for grouping by organization and for columns from your information base (which ones to choose are described below).
Below are the steps to independently set up a report to analyze the time worked by employees on shift. In the Edit report option , we will build the report structure. It will be output as a table:
columns - by Types of time tracking.

To exclude columns with unnecessary Time Types in the report, add a Selection for grouping Time Accounting Type by Time Types . We will indicate only those Types of time that are working on a shift: Shift , Night shift .

For the Organization on the Fields , we indicate that we need to display Working hours .

On the Selection for the Organization , we will set 2 conditions: by Time Type and Working Hours is not equal to 0. This will allow us to exclude employees who did not have shift work hours during the reporting period.

After completing the setup, we will set the reporting period (from 11/02/2020 to 11/16/2020) and generate a report. According to the report, we will see how many hours each shift worker worked during his shift. Varezhkin A.V. worked 143 hours.
Read also: How to draw up a personal document certifier sheet
We can then save the report on hours worked in Excel. In a third-party program, you can calculate overtime hours by subtracting the standard hours received from the time worked. Step 1. You will also have to keep track of the balance of unused overtime hours in another program.
If the calculation of overtime hours for shift workers is not carried out in ZUP 3, but there are other employees for whom overtime is calculated in the program, the shift workers may erroneously end up in the document Registration of overtime . To avoid this, in the settings of the Shift Work Schedule, you can specify that the norm for calculating overtime hours is determined according to the Data of this schedule . With this setting, employees for whom this schedule is set will not be included in the document Registration of overtime .

We solve shift problems

The article from the magazine “MAIN BOOK” is relevant as of May 20, 2021.
Contents of the magazine No. 11 for 2021. Questions answered by E.A. Shapoval, lawyer, Ph.D. n.

Shift work is a special mode of work. Therefore, even standard situations under this regime raise questions.

Is it possible to work overtime on shift?

Z.M. Bunchuk, Ryazan

Is it possible to involve workers in overtime work during a shift period and do overtime hours need to be taken into account when calculating the duration of rest between shifts?

daily work (shift) should not exceed 12 hours;
working two shifts in a row is prohibited;
daily (between shifts) rest, taking into account breaks for rest and food, can be reduced to 12 hours;
There must be at least one day off per full week.

That is, during the shift period overtime is provided, since shift workers usually work 10-12 hours a day, 6 days a week, with a norm of 40 hours a week. For this overtime, shift workers after the shift period are provided with inter-shift rest (Articles 91, 301 of the Labor Code of the Russian Federation); Decree of the Constitutional Court dated September 29, 2015 No. 1883-O.

Involvement of shift workers in overtime work is allowed in case of non-arrival of shift personnel. 5.5 Basic provisions.

However, the work of shift workers can be overtime not only in this case. For example, if shift workers, on the basis of an order from the employer, were involved in work. Determination of the Supreme Court of the Komi Republic of May 21, 2012 No. 33-1573AP/2012:

<or>in excess of the working hours established by the work schedule during the shift period (for example, this is work in excess of 10 hours, if the shift according to the schedule is 10 hours);
<or>in excess of 12 hours, that is, in excess of the maximum duration of the working day (shift) established by law, if there is no work schedule during the shift period.

Such hours worked overtime on a shift do not need to be taken into account when determining the duration of rest between shifts. After all, they are compensated not as overtime during the shift period, but as overtime work.

An employee can choose the method of compensation:

<or>payment in an increased amount based on the results of the accounting period (since with the rotation method, summarized accounting of working time is used, Article 300 of the Labor Code of the Russian Federation);
<or>additional rest of the same duration as overtime work. 152 Labor Code of the Russian Federation.

How to calculate and provide inter-shift rest

L.A. Bobrovskaya, Moscow

How to correctly calculate the number of days of inter-shift rest if the shift workers worked during the shift period from January 4 to January 23, 2021, 18 days for 10 hours? The normal working week for them is 40 hours. How to provide inter-shift rest days for a rotation worker: in calendar days or in working days, that is, excluding weekends and non-working holidays?

: Inter-shift rest is additional days of rest provided to shift workers for overtime on working days on shift (as a rule, they work more than 8 hours a day, 6 days a week) Art. 301 Labor Code of the Russian Federation.

We calculate the number of days of inter-shift rest. 301 Labor Code of the Russian Federation:

* Remaining hours that are not multiples of a whole working day are summed up during the calendar year to a whole working day (days) and subsequently added to the days of the next inter-shift rest. 301 Labor Code of the Russian Federation.

In your case, employees are entitled to 12 full days of inter-shift rest ((18 days x 10 hours – 80 hours (standard working hours from January 4 to January 23, 2021 according to the production calendar)) / 8 hours).

Days of inter-shift rest are provided in consecutive working days according to the calendar of a five-day working week, that is, they should not coincide with regular weekends (Saturday and Sunday) and non-working holidays. 112 Labor Code of the Russian Federation.

How to pay for work on shift on a holiday

R.A. Katorova, Smolensk

For an employee whose salary is set, the working day on shift coincides with a non-working holiday. How to pay for such a day: as a regular working day on shift or as work on a holiday?

: Work on a holiday is always paid at least double the amount. 153 Labor Code of the Russian Federation. Work according to a schedule on a shift on a non-working holiday is included in the standard working time, since for shift workers a summarized accounting of working time is used, Articles 153, 300 of the Labor Code of the Russian Federation; clause 1 Explanation of the State Committee for Labor of the USSR dated 08.08.66 No. 13/P-21; Decision of the Supreme Court dated 02/08/2006 No. GKPI05-1644; section 5 Recommendations of Rostrud, approved. Protocol No. 1 of 06/02/2014. Consequently, it is paid in the amount of at least a single daily part of the salary in addition to the salary.

How to reflect the work of shift workers on a timesheet

M.A. Solnyshkina, Krasnoyarsk

Our employees work on a rotational basis. We use a unified time sheet form. How to reflect on the time sheet work during the shift period, rest between shifts and days on the way to the shift site and back?

: To reflect in the report card (as a basis you can take the unified form No. T-12 or T-13 Resolution of the State Statistics Committee dated 01/05/2004 No. 1) the duration of time worked on working days according to the schedule during the shift period, you can use the standard letter code “VM” or digital “ 05" indicating in the column under the code the duration of time worked. To account for the time spent working under conditions deviating from normal on these days, enter additional lines and use to reflect:

work at night - letter code “N” or digital “02”;
overtime work - letter code “C” or digital “04”;
work on weekends - letter code “РВ” or numeric “03”.

In the additional line below the code, indicate the duration of time worked under such conditions.

To designate days off both during the shift period and during the inter-shift rest period, you can use the standard letter code “B” or the numeric “26”. But for the convenience of calculating payments for days of inter-shift rest, you can enter additional designations for these days by order, for example, the letter code “MO”. And the days on the way to the place of duty and back, for which there is also no standard designation, can be reflected, for example, with the additional code “DP”.

Is it necessary to pay for inter-shift rest days not used due to dismissal?

M.I. Volkova, Moscow

The employee submitted a resignation letter of his own free will. On the day of dismissal, he had not used 10 days of inter-shift rest. Are we obligated to pay the employee for inter-shift rest days not used due to dismissal?

: Yes, we must. After all, such days were earned by the employee during the shift period before dismissal. 3, 4 tbsp. 301 Labor Code of the Russian Federation; Resolutions of the Supreme Court of the Komi Republic dated May 21, 2012 No. 33-1573AP/2012; CC dated July 12, 2006 No. 261-O. This is also confirmed by the fact that upon dismissal, the employer is obliged to pay overtime hours on shift that are not multiples of whole working days, which accumulate over the course of a calendar year up to whole working days. 5.4 Basic provisions; Determination of the St. Petersburg City Court dated September 17, 2013 No. 33-12614/2013.

Is it necessary to provide an employee with inter-shift rest that was not used due to study leave?

A.Yu. Bastanyan, Moscow

The employee presented a certificate of challenge for the session. Part of the study leave falls on inter-shift rest days. Does the employee need to provide inter-shift rest days not used due to study leave?

: Yes need. After all, study leave is granted for the period specified in the call certificate. Order of the Ministry of Education and Science dated December 19, 2013 No. 1368, regardless of whether the days included in this period are working days or weekends. 107 Labor Code of the Russian Federation. At the same time, study leave is not a time of rest, which means that the employee did not use his right to inter-shift rest. 107 Labor Code of the Russian Federation.

Is it possible to provide leave to an employee during inter-shift rest?

O.I. Babaeva, Ekaterinburg

According to the vacation schedule, the employee’s vacation start date falls on the last day of inter-shift rest. Is it possible to grant a shift worker leave from the date specified in the leave schedule, or does leave need to be postponed?

: Annual leave can be granted to a shift worker only after using the inter-shift rest days. 7.1. Basic provisions; Decision of the Supreme Court dated 02/09/2011 No. GKPI10-1462. Therefore, the start date of the vacation needs to be postponed. To do this, make changes to your vacation schedule. This can be done at the request of the employee after approval of the shift work schedule, which is brought to the attention of employees no later than 2 months before it comes into effect. 301 Labor Code of the Russian Federation.

What to do if part of the employee’s vacation falls during the inter-shift rest period

A.I. Ilnitskaya, Rostov

The organization's employees work on a rotational basis. The vacation of one of the employees ended while his shift had a period of rest between shifts. He has no unused days of rest between shifts. What should we do in such a situation?

: In such a situation, the employee experienced downtime. By agreement with the employee, you can. 72.2 Labor Code of the Russian Federation; clause 7.1 of the Basic Provisions:

<or transfer him to another job before the start of the next shift;
<or>transfer him to another shift;
<or grant him leave without pay.

If the employee does not agree, then he must be paid for the time until the next shift in the amount of at least 2/3 of the average salary as downtime due to the fault of the employer. 157 Labor Code of the Russian Federation.

Is it possible to set part-time working hours for a shift worker on maternity leave?

I.I. Smirnova, St. Petersburg

The shift worker is on maternity leave to care for a child under 3 years of age, as he is raising him alone (without a mother). After the child turned 2 years old, he applied for a part-time job. How can we satisfy an employee’s application if the shift lasts 3 weeks and the shift workers work in another region?

: It is prohibited to involve women with children under 3 years of age in work performed on a rotational basis. 298 Labor Code of the Russian Federation. This prohibition also applies to fathers of children under 3 years of age who are raising children without mothers. 264 Labor Code of the Russian Federation.

Therefore, you cannot allow such an employee to work on shift. But with the employee’s consent, you can transfer him to another job on a part-time basis for up to 1 year. 72.2. Labor Code of the Russian Federation.

Is it possible to stipulate in an employment contract a condition on a shift work method after the conclusion of an employment contract?

L.N. Popova, Tver

An employment contract was concluded with the employee, in which there was no provision for a rotational work method. Six months later, it became necessary to involve him in shift work. Can we include such a condition in an employment contract?

: If the employee agrees to such a change in the employment contract, then you need to conclude an additional agreement with him to the employment contract. 72.1 Labor Code of the Russian Federation.

At the initiative of the employer, such a condition can be included in the employment contract only if there have been changes in organizational or technological working conditions (for example, structural reorganization of production). If the employee agrees to your proposal, then the condition on the shift work method will begin to apply 2 months after you notify him of this. 74 Labor Code of the Russian Federation. If he does not agree, then 2 months after notification he can be fired due to refusal to continue working, provided that you do not have a vacant position to which he agrees to move. 7 hours 1 tbsp. 77 Labor Code of the Russian Federation. If the employee subsequently challenges the transfer or dismissal, then in the absence of evidence confirming that the change in the terms of the employment contract was a consequence of changes in organizational or technological working conditions, the court may declare them illegal. Appeal ruling of the Supreme Court of the Sakha Republic dated September 19, 2012 No. 33-3171/2012.

Is it possible to fire a pregnant employee if there is no non-shift work?

Z.M. Chikanova, Moscow

A fixed-term employment contract was concluded with the employee for a year to perform work on a rotational basis. After 6 months, she submitted a certificate of pregnancy and a medical certificate for another job. There is no work that can be provided to her in the Moscow office. Can we fire her?

: If you do not have a job to which you can transfer the employee, then you need to release her from work before the start of maternity leave with payment of the average earnings for her previous job for all working days during this time. 254 Labor Code of the Russian Federation. Then, based on the certificate of incapacity for work and the employee’s application, you will need to grant her such leave. 255 Labor Code of the Russian Federation. And you can fire an employee only after the end of maternity leave. 261 Labor Code of the Russian Federation.

How to pay for sick leave during inter-shift rest

A.M. Bakhteeva, Izhevsk

The shift worker fell ill during the period between shifts. Are we obligated to pay him sick leave for days of incapacity for work that fall on inter-shift rest days, and do we then need to provide the employee with unused inter-shift rest days due to illness?

: Yes, you must pay the employee sick leave for the entire period of illness. 8 tbsp. 6 of the Law of December 29, 2006 No. 255-FZ; Letter of the FSS dated January 26, 2012 No. 15-03-11/12-782. Days of inter-shift rest not used due to illness must be provided to the employee later. After all, due to illness, he was unable to rest.

What to do if an employee is late for the start of the shift

M.I. Mishulina, Vologda

The employee, for good reason, did not go to the place of work at the beginning of the shift. Can he himself get to the place of the watch after it has begun?

: Yes maybe. At the same time, you are obliged to reimburse him for transportation expenses from the place of assembly to the place of duty according to the standards for business trips. 5.8 Basic provisions.

Example 3. Full automation of calculation of overtime with additional types of time in the schedule

Let’s leave the initial data of our case and supplement them with the condition that the organization stores the balance of overtime hours and calculates them in ZUP 3. Also, in the Employee Work Schedule, not only working hours are planned ( Shift and Night shift ), but also additional types time: Days on the road and Weekends on shift .
It is necessary to calculate overtime hours for employee O.I. Grelkin. for November 2021 and ensure storage of the balance of unused processing hours in ZUP 3.

The main solution algorithm is the same as Example 2. But in this case there is one peculiarity. If additional Types of time (hours of Days on the road and Weekends on shift ), when filling out the Registration of Overtime , they will increase the time worked. The calculation of overtime hours will be incorrect. To work around the problem, we suggest, in addition to the settings described in Example 2 , to carry out additional actions:

create a schedule for shift workers that will take into account only working hours ( Shift and Night shift );
monthly, before entering the Overtime Registration, transfer all shift workers to this schedule using the document Changing the work schedule by list ;
after calculating the overtime, cancel the document Change of work schedule list .

Let's move on to the solution.

First, let’s make sure of the necessity of the described “dances with a tambourine.” Let's open the chart settings of Grelkin O.I. and check the completion of the document Registration of processing on it. IN Work schedule planned Days on the road And Weekends on shift. The total number of working hours for November, taking into account these types of time:
Let's create a new shift Schedule, in which only working hours will be scheduled. According to this chart, working hours in November 2021 will be 143 hours.

The time norm for calculating overtime hours for this schedule is set according to the Data of another schedule - the norm schedule, which we set up in Example 2, Step 1.
Let's create a new document Changing the work schedule by list (HR - Hiring, transfers, dismissals - Changing the work schedule by list). With the help of this document we will translate O.I. Grelkin. from 01.11.2020 to a schedule in which only working hours are planned.
If you need to transfer several employees, you can do this through the Selection or specify the Division . Then, when you click the Fill , all employees of the selected Division .
Let's fill out the document again Registration of processing. Now the data on Grelkin O.I. it is reflected correctly. 143 hours worked. After clearing the value in the column Already paid at the increased rate, processing will be determined correctly - 64 hours.
Let's bring back O.I. Grelkin. back to his schedule. To do this, mark the document Change of work schedule for deletion in the list .

We calculate salaries for shift workers

The article from the magazine “MAIN BOOK” is current as of May 20, 2016 E.A. Shapoval, lawyer, Ph.D. n. Shift workers have a special work schedule. During the shift period, away from home, working conditions are less comfortable and the regime is more stressful.

Therefore, along with the salary for the time worked, they are entitled to additional payments:

allowance in lieu of daily allowance;
payment for days of travel from the employer’s location (collection point) to the place of work and back;
payment for inter-shift rest days.

With the shift method, a summary record of working time is kept, which causes difficulties in calculating accruals for shift workers. The purpose of this article is to resolve them. This calculation depends on the remuneration system used in your company:

The employee is paid based on the hourly rate:

The employee’s work is paid on the basis of the daily tariff

Providing days of inter-shift rest

Inter-shift rest days are provided according to the production calendar of a five-day working week. The duration of one day of inter-shift rest is equal to the normal working day established for the employee. In our case, employees have a 40-hour work week. This means that inter-shift rest days must be 8 hours long.

Overtime hours that are not multiples of a whole working day are accumulated during the calendar year and then provided as additional days of inter-shift rest (Article 301 of the Labor Code of the Russian Federation).

We will calculate the number of days between rotational rest that must be provided to employees in November 2021.

Let's calculate the number of overtime hours after the end of the shift:
0 (remaining overtime hours as of November 1, 2020) + 64 (overtime hours on shift in November) = 64 hours.
Let's calculate the number of days of inter-shift rest that can be provided to employees:
64 (overtime hours) / 8 (duration of one day of inter-shift rest) = 8 days.

Let us determine the period for providing days of inter-shift rest. Employees return from a shift on November 17, 2020 and leave for the next one on December 1, 2020. This means that they can be provided with inter-shift rest days from November 18, 2020 to November 30, 2020.

The period from November 18, 2020 to November 30, 2020 accounts for 9 days according to the production calendar. Therefore, paid days between rotational rest are working days from November 18, 2020 to November 27, 2020, and November 30, 2020 is an unpaid day off. All overtime hours (64 hours) will be used by employees in November.

In ZUP 3 we will reflect the days of inter-shift rest using the document Timesheet , in which we will indicate the Month - November 2021 and fill out the tabular part of the document. We will manually indicate the days of inter-shift rest .

When calculating wages, payment for days of inter-shift rest for 64 hours will be automatically calculated. The payment amount will be:

64 hours * 200 (payment for 1 hour) = 12,800 rubles.

Between shifts pay

Consequently, the normal working hours under this regime are observed by redistributing working hours within the corresponding accounting period. By virtue of Part 2 of Art. 91 of the Labor Code of the Russian Federation, the normal working time is 40 hours per week. Based on the Procedure for calculating the norm of working time for certain calendar periods, this norm is calculated according to a five-day work week with two days off and, with a 40-hour work week, is 8 hours a day.

The procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week was approved by Order of the Ministry of Economic Development of Russia dated August 13, 2009 N 588n. At the same time, according to para.

3 clause 4.2 and para. 1 clause 4.3 of the Basic Provisions with a rotational method of organizing work, the duration of daily work (shift) can be increased to 12 hours, and the duration of daily (between shifts) rest, taking into account lunch breaks, can be reduced to 12 hours. Paragraph 1 p.

“Write-off” of provided inter-shift rest hours with full automation

If the balance of unused hours of inter-shift rest is recorded in ZUP 3 (with full automation of the calculation of overtime: Example 2 and Example 3), then it is necessary to reduce the remaining hours by the provided hours of inter-shift rest.

Let's generate a report Vacation balances (briefly) for employees as of December 1, 2020. The remaining vacation hours for each employee is 64 hours. Although in fact these hours were used by them in the period from November 18, 2020 to November 27, 2020.

In ZUP 3, to reduce the remaining hours of compensatory leave, you can use the Data Transfer . Let’s create a new document for “writing off” inter-shift rest hours for employees for November 2020. We will indicate the Organization , Date (11/30/2020) and Month (November 2021) of the document. Click the button Setting up the composition of registers to open the list of registers and select the accumulation register for editing Days hours off .

For each shift worker who was provided with inter-shift rest days, we will create records with the type of movement Expense and the number of hours of inter-shift rest provided (64 hours).

Let's re-generate the report Vacation balances (briefly) for employees as of 12/01/2020. Now the balance of vacation hours is not displayed, it is zero for all employees. All overtime hours were used by shift workers in November 2021. The movements of the Data Transfer were taken into account in the program.

Zero balances of PTO hours can also be seen in the Vacation Balances .

See also:
Shift - basics of working time recording
Shift—setting up payment for time worked
Payment for travel days for shift workers
Setting up an allowance for a shift method
Compensation for unused hours of inter-shift rest

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How to calculate payment while traveling on a rotational basis

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