Article TCRF 297. General provisions on work on a rotational basis

Normative base

Order of the Ministry of Health and Social Development of Russia dated 05/02/2012 N 441n “On approval of the Procedure for issuing certificates and medical reports by medical organizations”
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 12/31/1987 N 794/33-82 “On approval of the Basic Provisions on the rotational method of organizing work »

Decree of the Government of the Russian Federation dated 03.02.2005 N 51 “On the amount and procedure for paying bonuses for shift work to employees of federal government bodies and federal government institutions”

What is a watch and where is it used?

The shift method of work according to the Labor Code is regulated by Chapter 47. In general, the Labor Code of the Russian Federation understands the shift method (the shift itself) as the sum of the time of work and the rest interval between shifts.

Work on a rotational basis () is limited in duration to a period of a month. Exceptions include special cases at individual sites, due to which the specified period may be extended to 3 months (for this, the opinion of the workers’ trade union body, if there is one, must be taken into account). In its absence, they act within the framework of Art. 74 TK

The shift method of the Labor Code of the Russian Federation provides a guarantee of providing workers with housing when they are at the work site (Article 297).

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.

Shift work and its organization

Shift work is a specific form of labor organization, widespread in the oil, gas and forestry industries, construction, geological exploration and railway transport and used mainly in the regions of the Far North and similar areas, in remote and underdeveloped territories of Siberia and the Far East. It received legal recognition in the Model Regulations on the Shift Method of Work Organization and in the industry regulations issued on its basis.

In the legal and economic literature, as well as in practice, the terms “rotation shift” and “expeditionary rotation” methods are used to denote this form of work organization. These terms are also used in regulations. Thus, the Ministry of Oil and Gas Construction issued a regulation on the expeditionary rotational (shift) method of organizing work, and in the Standard Regulations only the term “shift method” is used.

For the first time, the concept of “ shift work ” is used in the Regulations on the organization of work on a rotational basis, approved by the USSR Ministry of Forestry on April 11, 1974, and in the Regulations on the organization of rotational logging, approved by the All-Union Association "Tyumenlesprom" in 1976. In these provisions, a rotational method is understood as such a method , in which teams and workshop areas work on shifts remote from the central villages - temporary settlements designed to accommodate workers without families.

The organization of shift work is described in detail in the Standard Regulations. It is indicated here that it is used when production facilities (sites) are located at a significant distance from the location of the enterprise or organization. Work on them is carried out by shift personnel, who, during their stay at the facilities (sites), live in specially created rotation camps and systematically, after a certain time, return to the location of the enterprise or organization.

The sectoral Regulations on the rotational method of organizing work of the Ministry of Railways stipulate that this method can be used in areas with severe climatic conditions, in hard-to-reach and underdeveloped areas that lack or lack labor resources, and that shift shift personnel return to their place of permanent residence, and not to the location of the enterprise. The latter circumstance is also taken into account in the sectoral Regulations of the USSR Ministry of Geology. The industry Regulations on the shift method of Mshsheftegazstroy state that special work and rest regimes are established for rotation personnel, based on the summarized recording of working hours, and the use of labor resources and social infrastructure of other districts and regions is allowed.

Thus, shift work is a specific form of organization of work and redistribution of labor resources, when shift personnel regularly, after a certain time, go to objects (sites) significantly remote from the location of the enterprise or the place of residence of workers, where work activities are carried out according to special requirements. work and rest regimes based on cumulative recording of working time.

It is necessary to distinguish between regular rotational and rotational-expeditionary methods. These are varieties of the rotation method, and there are a number of significant differences between them.

Typical shift work is characterized by short (within the region) movements of personnel, short (up to 7-10 days) duration of shifts, and the presence of stable transport links between the base city and rotation camps designed for long-term operation. As a rule, there is telephone (or radio) communication with the objects (sites) of work; the stationary administrative and management apparatus, knowing the situation at the sites, can quickly influence the progress of work; workers at individual work sites are not replaced at the same time; recruitment and redistribution of personnel are carried out within a certain area; The same amount of benefits and advantages are applied in places of residence and at work sites.

With the rotational-expeditionary method, workers travel a long distance to work sites (several thousand kilometers); the duration of the shifts is from two weeks or more; upon expiration of the period, all personnel of the main production are usually replaced; the administrative and managerial apparatus is non-stationary; Depending on your place of residence and work, there are various benefits and benefits, regional coefficients, and allowances; When moving, a number of guarantees and compensations are applied. This type of rotational method of organizing work is based, as a rule, on the interdistrict and interregional use of labor. For example, in Western Siberia there are workers brought from the European part of the USSR, Transcaucasia, Central Asia and other regions of the country.

Redistribution of labor resources when working on a rotational-expeditionary basis contributes to:

1) providing labor resources to areas with difficult natural and climatic conditions, hard-to-reach and underdeveloped territories of Siberia, the Far East, Central Asia and the Urals, which are experiencing a shortage of personnel;

2) intra-industry distribution and redistribution of personnel in favor of more important national economic facilities;

3) intersectoral redistribution of workers in specialties common to all, or certain close groups of sectors of the national economy.

The organization of shift work as one of the forms of labor redistribution differs significantly from its other forms: organized recruitment of workers, distribution of young workers and specialists, public conscription, employment of citizens. This method allows you to use workers to perform work in various areas, regions, regions of the country without changing their permanent place of residence. This is the difference between the rotation method and all other forms of redistribution of labor resources.

The initiative to use the rotational method of organizing work comes from the enterprises themselves. They justify the effectiveness of using this method with technical and economic calculations and apply for permission from a higher organization (clause 1.2 of the Model Regulations). The latter evaluates the presented calculations, analyzes proposals on places of recruitment, location of work sites, methods of delivering workers, work and rest schedules, etc.

The purpose of providing benefits and benefits to employees employed in heavy industries and in enterprises located in areas with unfavorable natural and climatic conditions is to not only compensate for additional labor costs caused by unfavorable production or natural factors, but also to attract additional workers strength. In the regions of the Far North and areas equivalent to them, in hard-to-reach and remote areas of Siberia and the Far East, a set of benefits and advantages (regional differentiation norms)5 are applied, which apply in a special manner to persons working on a rotational basis. In addition, for employees of enterprises and organizations in the oil, gas and forestry industries, construction and geological exploration, using the rotation method, a number of benefits and advantages have also been established in comparison with many other sectors of the national economy, especially the non-productive sphere (norms of industry differentiation).6

Recruitment of personnel by rotational organizations takes place through direct conclusion of employment contracts with citizens. But first of all, staffing during the transition to a rotational method is carried out by transferring a regular stationary organization to a rotational one in agreement with the relevant trade union committee and with the permission of a higher organization. In this case, the personnel become rotation workers and can be used to work in the desired areas of the country.

When an enterprise switches to rotational work, the working conditions of workers change: firstly, the nature of the work (regular long-distance travel on shifts, special work and rest regimes, etc.) and, secondly, the place where the work is performed. These working conditions are essential. That is why a transfer to a rotational basis should be considered a transfer to another job. In accordance with Art. 13 Fundamentals of the legislation of the USSR and union republics on labor (Article 25 of the Labor Code of the RSFSR), the administration is obliged to obtain the employee’s consent to this transfer. Upon receipt of such consent, the employment contract for work on a rotational basis is considered concluded. If the employee refuses to switch to a rotational basis, the previously concluded employment contract is terminated.

The question of the basis for termination of an employment contract in relation to cases where, during the transition to rotational work , the location of the enterprise simultaneously changes, is decided unambiguously by the current legislation. An employee’s refusal to switch to a rotational basis is considered as a refusal to be transferred to work in another location together with the enterprise. And this is an independent basis for termination of an employment contract, provided for in paragraph 6 of Art. 15 Fundamentals (Clause 6-Article 29 of the Labor Code of the RSFSR). For cases where, when switching to a rotational system, only the location of the work objects changes, but the organization remains in the same place, the grounds for terminating an employment contract with employees are not fixed in law. Therefore, it is advisable to provide as an independent basis for termination of an employment contract the employee’s refusal to switch to new working conditions, changing the wording of clause 6 of Art. 15 Fundamentals (clause 6, article 29 of the Labor Code of the RSFSR). The specified grounds for termination of an employment contract can be applied not only when switching to a rotational method of organizing work, but also when introducing a team form of labor organization, new payment conditions, as well as changing other essential terms of the employment contract.

During the transition of an enterprise to shift work, a complex of legal relations develops. The first group consists of administrative and legal relations that are associated with obtaining permission for such a transfer. They arise between the enterprise and higher organizations when submitting technical and economic calculations that justify the effectiveness of using the rotation method. The second group includes labor relations between employees and the enterprise represented by the administration regarding changes in the terms of the employment contract. They are expressed:

a) in obtaining the consent of employees to transfer to rotational work and concluding an employment contract;

b) in terminating an employment contract with employees who refuse to switch to rotational work .

The rotation method introduced something new into the content of the concept of “redistribution of labor resources”. Currently, this is not only the release of workers from some enterprises and their inclusion in others,10 but also the use of labor resources in some areas, while maintaining their previous place of residence, to perform permanent work in other areas experiencing a shortage of labor.

Labor law norms regulating work on a rotational basis relate mainly to the institutions of the employment contract, working time and rest time, wages, guarantees and compensation. Certain norms of the Model and sectoral provisions are also relevant to other institutions of labor law. During shift work , the norms regulating the labor activities of workers provide for the following main features:

— specific working and rest time regimes;

— extension of certain benefits established for persons permanently working in the regions of the Far North and equivalent areas to workers of rotational organizations who regularly travel to work in these areas and localities;

— special requirements for employees (preliminary and periodic medical examinations, etc.);

— payment for travel of employees to the place of work and back at the expense of the enterprise;

— payment of wages and a number of compensations for travel time to the work sites and back to the place of permanent residence of no more than two days for each trip;

— special forms of working time recording.

Shift work must be distinguished from other forms of labor organization: business trips, seasonal work, regular shifts. This method is most similar to business trips. Both of these forms involve travel to the place of work and return to the place of residence. Employees are paid guarantees and compensation, as well as travel expenses to and from work. The same categories of workers cannot be involved in business trips and rotational work These common features gave M.E. Pankin the basis to consider trips to work on a rotational basis as business trips.

This conclusion, however, is unfounded. First of all, shift work and business trips are regulated by various regulations. Other significant differences are as follows.

Business trips and trips for rotational work are considered as independent categories in the law. Thus, clause 5.9 of the Model Regulations provides that persons going on a business trip to sites (sites) where work is carried out on a rotation basis are issued a travel certificate in the prescribed manner. The Instruction on business trips within the USSR (clause 1) states that business trips of employees whose permanent work takes place on the road or is of a traveling or mobile nature are not considered business trips. The rotation method involves just such regular trips over significant distances to the place of work and back, as well as changing work objects.

Shift work also has common features with seasonal work. Both types of work depend on natural and climatic conditions and, as a rule, require travel to another area for a certain period. Persons employed in these jobs in the Far North and equivalent areas are provided with benefits. The norms regulating labor activity in these forms of work organization have a number of features.

However, these forms of work organization differ significantly. Firstly, labor activity during shift work is regulated mainly by the norms related to the institutions of working time and rest time, wages, guarantees and compensation; for seasonal work - mainly by the norms of the institution of the employment contract. Secondly, the norms regulating the specifics of labor during the rotational method of organizing work, as a rule, complement the general norms of labor law, and for seasonal work they contain exceptions from them. There are other differences between these forms of labor organization. They can be grouped like this.

Shift work also differs from working regular or extended shifts. With the rotation method, shift work is only one of its constituent elements. The range of relationships that arise when using this method is much wider than when organizing shift work. It includes relations regarding the conclusion of an employment contract, delivery of workers, remuneration, provision of certain guarantees, payment of compensation, labor protection and a number of others that do not arise in the shift organization of work.

All Vacancies and Resumes in the new section: WORK ON A SWITCH METHOD

Krivoy, V.I. Shift method of organizing work /V. I. Krivoy. //Jurisprudence. -1985. — No. 2. — P. 71 — 75

Who can work a shift

Work on a rotational basis according to the Labor Code of the Russian Federation (based on Article 298) is available to the following persons:

• adults;
• non-pregnant and without children under three years of age (female criterion);
• for fathers or guardians of children under three years of age, if they are not raising them alone;
• without medical contraindications, according to the conclusion issued in the manner prescribed in Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 No. 441n.

What is a watch for?

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. The shift is also suitable for cases when it is necessary to quickly build, re-arrange or repair objects with social, production or other tasks in areas that are remote, uninhabited or in conditions of a specific nature.

Shift work method: samples of basic documents

An employment contract is concluded only with those employees who, at the end of their work shift, do not have the opportunity to return to their place of regular residence, therefore, not all field work can be called shift work.

Regarding the question of whether the employer is obliged to pay for travel from the place of work to the place of residence for an employee who quit after the end of the shift, there cannot be a clear answer. If this clause is not separately stated in the employment contract with the employee, then the employer is not obliged to pay for travel. The person quit - he ceased to be an employee of the enterprise, and the employer’s obligations to him ceased from the moment of his dismissal.

An employee sent on a business trip carries out a specific assignment - in accordance with the official assignment. An employee on shift performs duties under an employment contract. If the place of work is located far from the employee’s place of residence and the employee cannot return home every day after work, a rotational work schedule is used. It is worth noting that the number of kilometers that is considered critical and after which the rotation method is applied is not legally approved. This issue remains at the discretion of the employer.

How to introduce a shift at an enterprise

The rotation method, namely the system of its application, is introduced by the employer. 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).

This body, a maximum of five working days after receiving the project, sends the employer its written reasoned opinion on it. When it is negative or includes proposals to improve the project, the employer has two options:

1. Agree with this opinion.
2. It is mandatory to reach a consensus through additional consultations (within three days) after receiving an opinion.

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. The said body has the right to initiate a collective labor dispute in accordance with Chapter 61 of the Labor Code. But that's if it exists. If there is no trade union, the employer introduces new working conditions in compliance with the procedure prescribed in Art. 74 Labor Code of the Russian Federation.

Transferring already working frames to this mode occurs through the following sequence of steps:

1. Written notice of transfer to rotational work with a note of consent to such work (two months before the transfer). If someone does not agree to the transfer, they are offered any vacancy. In the absence of such or the person’s refusal of the proposals, the employment contract is terminated.
2. Changing the employment contract through the approval of an additional agreement.
3. Registration of a transfer order.

Sample order to start a shift

Article 297. General provisions on work on a rotational basis

The rotation method is a special form of carrying out the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured.
The rotation method is used when the place of work is significantly removed from the place of permanent residence of workers or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Workers involved in work on a rotational basis, while at the work site, live in shift camps specially created by the employer, which are a complex of buildings and structures designed to ensure the livelihoods of these workers while they perform work and rest between shifts, or in those adapted for these purposes and dormitories and other residential premises paid for by the employer.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The procedure for applying the rotation method is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization in the manner established by Article 372 of this Code for the adoption of local regulations.

(Part four was introduced by Federal Law No. 90-FZ of June 30, 2006)

Work and rest schedule during shift work

The shift work schedule of the Labor Code of the Russian Federation is stipulated in Art. 301, as well as in section 4 of 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 No. 794/33-82.

The shift method according to the Labor Code of the Russian Federation is implemented with summarized accounting (Article 104 of the Labor Code) of working time for a month, a quarter, a longer period, or a maximum of a year.

The working shift schedule fixes the duration of work and rest for the accounting period (applies to all working time, as well as travel time from the assembly point or place where the employer is located to the place of work). This schedule is entered by the employer in the same mode as the shift itself. Employees are notified of this innovation at least two months before it takes effect.

The schedule takes into account the time required to transport workers to and from their shifts. But the days of travel to and from work may affect inter-shift rest, since they are excluded from labor time.

Scheduled overtime hours, when they are not a multiple of a full workday, can be accumulated and combined into full working days, which entails the provision of additional days of inter-shift rest.

The maximum duration of a daily work shift is 12 hours. Workers' rest between shifts, including lunch breaks, can also last half a day. The time of daily (between shifts) rest, which is underused in this case, and the days of weekly rest are summed up and provided as additional days off from work (inter-shift rest time) in the accounting period. Weekly rest, which can affect any days of the week according to the number of days in the current month, must be minimally equal to the number of full weeks of this month.

Sample shift work schedule

Labor organization conditions when working on a rotational basis

Such employment is beneficial for both the employee and the employer. But, it should be understood that this type of activity is not only a distance from home and living on the employer’s territory, but also hard, many-day physical work in harsh climatic conditions, which not every person can do. It is very important to understand that only a healthy person in good physical shape can work without compromising his health.

Who can work

The most important criteria for selecting applicants are physics and human health. To get a job in this field, you need to undergo a medical examination, which will help not only to identify diseases that impede hiring, but also to prevent the risk of their occurrence. Permission from a general practitioner, cardiologist (the risk of cardiovascular diseases in the Far North is very high), narcologist and psychiatrist is required. Examinations by other doctors are regulated by the enterprise, depending on the type of activity, and are approved by internal orders and local acts.

Hiring restrictions

A certain category of citizens cannot get a shift:

• minors;
• pregnant women;
• guardians of three or more children;
• persons who have not passed a medical examination or have not been admitted based on the results of a medical examination confirming their incapacity for work. Such citizens may be prohibited from serving on shifts or restrictions may be imposed.

How is such work paid?

Payment for work on a rotational basis is noted in Art. 302. Any calendar day of being at work during the rotation period, as well as the actual days of travel from the place where the employer is located (collection point) to the place where work tasks are performed and back, is paid with an allowance that replaces the daily allowance. Its amount and payment procedure depend on what kind of organization the employer is. If this is a federal public sector employee, then the corresponding parameters of the allowance are determined by Decree of the Government of the Russian Federation dated 02/03/2005 No. 51 or similar standards of a specific subject of the Russian Federation, a municipality, if this is a public sector employee of the appropriate level.

For other companies, the bonus is specified in labor, collective agreements or local regulations.

For each travel day to and from the workplace, for days of travel delay due to weather or due to the fault of the carrier, the employee receives a daily rate. He receives it for any overworked day of rest according to the schedule (day of inter-shift rest). Labor, collective agreements, local regulations may determine higher pay.

Shift workers from other regions who work in the Far North and similar areas are given a regional coefficient and are paid percentage bonuses to their salaries in the manner and amount that are provided for persons who continuously work in such places.

Allowances and surcharges

The size and procedure for paying the bonus are established by law and are based on the Labor Code (Article 302 of the Labor Code of the Russian Federation), but there are also some nuances. So, premiums are set depending on funding (state, budget, private, and so on):

• The Government of the Russian Federation for employees of organizations financed by the federal budget.
• Bodies of local government and self-government for budgetary subjects of the Russian Federation.
• Collective agreements, local acts and orders of organizations and trade unions for employees of organizations not financed from the budget.
• The amount of the bonus is established by law (Resolution of the Government of the Russian Federation No. 51 of 02/03/2005) for budgetary organizations:
• in the Far North and equivalent regions - 75% of the tariff rate (salary);
• in Siberia and the Far East (and other similar natural and climatic regions) - 30% of the tariff rate (salary).

Compensation for irregular working hours

The law does not indicate that the employer must pay compensation for irregular working hours. Some organizations establish such payments by issuing a local order and consider them as overtime. Most often, for overtime hours worked, hours or days are added to the annual paid leave. This point, how irregular working days are compensated, what compensation is implied, should be discussed with each employer individually in advance.

Allowances for work in difficult working conditions

Employees who work in the Far North or in regions equivalent to it are entitled to a separate allowance. This bonus is not related to the rotational method of work, that is, it is considered separately, regardless of the work schedule of an employee of a particular organization and is a compensation payment. The calculation of this allowance is regulated by the Labor Code of the Russian Federation.

Providing additional vacation days

Employees working on a rotational basis have the right to receive not only 28 days of annual paid leave, which labor legislation provides, but can also count on additional paid leave if the employee works in the Far North (24 calendar days) or in a region equivalent to it (16 calendar days).

Work on a rotational basis - registration according to the Labor Code of the Russian Federation

Shift workers are registered for work through a corresponding employment contract, which structurally displays the following information:

1. Employee and employer data.
2. General provisions.
3. Terms of payment.
4. Temporary mode of work and rest.
5. Working conditions plus guarantees and compensation.
6. Compulsory insurance (social, pension, medical).
7. Rights and obligations of the employee and employer.
8. Their responsibility.
9. Training in safe working methods.
10. Final provisions.
11. Details and signatures of the employee and employer.

Sample employment contract

Regulatory regulation of shifts: Labor Code of the Russian Federation and provisions on the rotation method of organizing work

The main sources of law regulating labor relations in which employees of enterprises perform their work on a rotation basis:
1. Chapter 47 of the Labor Code of the Russian Federation.

2. Basic provisions on the shift method of organizing work, approved. Resolution of the State Labor Committee, 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 (hereinafter referred to as the Shift Regulations).

The first normative act defines:

• the essence of the rotation method of work, general regulations governing the relevant labor relations;
• restrictions on hiring workers on a rotational basis;
• duration of work on shift;
• procedure for recording working hours on shift;
• the procedure for establishing work and rest schedules;
• procedure for providing guarantees and compensation to workers on shift.

In turn, the Regulations on Shifts contain norms defining:

• the essence of work on a shift, the basic norms for regulating these legal relations;
• principles of work organization, resettlement of workers in rotational camps;
• the procedure for establishing a work and rest schedule, organizing working time recording;
• the procedure for ensuring wages, providing benefits and compensation;
• the procedure for social and welfare provision for workers, providing them with medical care;
• what enterprises can organize a shift and hire workers for it.

Many of the provisions of these sources of law coincide in essence. If discrepancies are detected between them regarding the same object of legal regulation, the norms of a later legal act - the Labor Code of the Russian Federation - should be applied, unless otherwise expressly established by law.

Also, within the framework of the relevant legal relations between employees and employers, various by-laws, methodological recommendations and clarifications from authorities may be applied.

In the Guide to Personnel Issues, ConsultantPlus experts explained in detail the features of hiring a rotation worker. To do everything right, get trial access to the K+ system and study the material for free.