work on watch is particularly popular in Russia.Whole sectors of the economy functioning, largely relying on a format of labor relations.Work in shifts - what is it?What are the features of its legal regulation?Do shift workers certain privileges in terms of the implementation of labor rights?
What is the work on the watch?
shift method of work involves the implementation of labor functions in person outside their permanent place of residence.As a rule, on a periodic (seasonal) basis.Traditionally, the shift method of work is typical for such areas as oil and gas, forestry, mining precious metals, fishing.Implementation of labor functions in this format is governed by separate provisions of the Labour Code.
Attractive salary
One of the reasons for the popularity of working in shifts - higher salary.In some cases, it exceeds the average for the same office in the city of residence several times in shift workers.Especially if it is work in shifts in the North, in difficult climatic conditions.In many cases, the salary, the value of which is quite impressive and so, adds a "polar" and other kinds of allowances.As a result, earnings become even greater.
noted that the work on the gatehouse is not always associated with a trip to the North.For example, in this format, many labor contracts were concluded during the preparation of the Olympic Games in Sochi.In the place where many people go in order to thoroughly invest and not to make money.There are, of course, a fascinating travel and other interesting places in Russia.
working conditions
easy to find work in shifts?There is an opinion that is not so.All the same salary, regardless of the difficult working conditions, - the factor that causes a significant shift workers competition for places.Most companies that employ people in this format, put forward quite strict criteria for candidates.Checking health, conducted a conversation with the person on the subject of its real willingness to work in the foreseeable conditions.
known, for example, that in the polar regions are much smaller percentage of oxygen in the air, than, say, in the middle lane.Man must understand by selecting shift method of work that it is.And objectively assess their capabilities in terms of compliance with this format work.
Accommodation
assumed that the shift method of work implies complex conditions, not only in terms of the climate, but also accommodation.Everything, however, depends on the criteria by which to assess the comfort of life.As a rule, shift workers available there, though small in size, but rather the resources furnished accommodation.Modern modular design enables companies to quickly build housing employer with a reasonable infrastructure: water, electricity, heating.The structure of housing for shift workers tend to have a dining room, recreation, access to the Internet.The law requires employers to provide companies reduce the time it takes to travel from the place of residence of employees to the object where it is supposed to work.
This rotational residential complex before putting it into practical operation is checked by a special commission.It is composed of representatives of the employer and officials of the municipality in whose territory the watch will function, in some cases - the staff union, experts of various public services.Upon check comes the act of acceptance into operation.The shift camp is supposed to accommodation not only salaried employees, who will perform the functions of the employment targets, but also the staff.At the same time, as soon as the season ends with works (built objects) from the housing complex should leave it.The variant in which the work in shifts and stay organized without the construction of a separate complex.The company-employer in this case puts people in hotels and corporate apartments.
kinds of watch
There are two main options for the organization of the watch.Firstly, this intra-format.He suggests that the duration of works on watch rather small, of the order of weeks, and the object on which the work is underway, is located relatively close (in the same region), where the city of residence of staff.Secondly, it is an inter-regional watch, sometimes called forwarding.Running time is usually much more, as well as the distance from the cities of residence.
difference watch from a trip
There is a misconception that watch - a kind of trip.This is not true.The fact that a person who is sent on a mission by the employer carries out a service order.
This payment is usually within the current salary and allowances.In turn, the shift method of work organization implies that the person travels to a distant object is not to implement the order, and separate functions of labor character.In the latter case often it is a separate contract, which is fixed salary and other working conditions.When trips are usually changes in the already signed contract of employment are not made.
Laws
Actually, the legal regulation.As we said above, the main source of which normalizes the shift method of work - Labour Code.It includes sections that contain specific wording adapted to this format of employment.We study them.It is believed that the shift method of working in Russia in many ways has become popular not only because of high salaries, but also due to loyal to the salaried employees of the provisions of labor law.Is it really?Work in shifts - what is it in terms of the relevant sources of law?
The rules in question, mainly set out in Article 47 of the LC RF.First of all it sets out the general provisions relating to the regulation of work shifts.It is given, in particular, the identification of such a format operation.According to the legislator, shift method - a specific type of the labor process, provided that the place of work is not the same as the town residence of employees, and, moreover, their return to on a daily basis can not be provided.This method is used by companies of employment, if you follow the wording of the TC, in order to optimize the timing of the necessary work, such as construction, renovation or repair in areas of special natural conditions.It is also possible, in which the shift method of work - is a way to reduce its costs in the implementation of enterprise production activity.
Mode labor
mode of labor in the watch, as indicated in several comments on the TK may differ considerably from the standards prescribed in the Code.The legal environment is believed that the rights of people working within the format in question, sufficiently protected, and - especially in the aspect of the organization mode.Is it really?Shift method of work - what it is: a constant hard work and well-balanced mode of execution of their duties in human beings?
As a rule, working time is taken into account by adding the hours and the basic holiday is supposed to shift workers after returning to his home.The place of work recognizes the object, where people exercise their direct labor functions.At the same time, if you want to batch transfer from place to place due to changes in specific areas of deployment tasks, it is not considered a transfer of staff from one organization to another, and does not require written consent from the employee.For example, work in shifts in the North often involves the movement of labor between the different teams deposits, or if it is road construction - movement in the direction of highway is being built.
schedule
schedule - one of the most important local documents that govern the implementation of labor functions shift workers within the location of the facility.Therefore, claiming his employer shall agree on the position of the source with the opinion of salaried employees (usually represented by a trade union organization representing the people).The main document, which is documented schedule - a Regulation on the shift method of work, which has the status of a local regulatory act.
What are the main criteria that by law must be guided by the employer company, making the document in question?The Labour Code prescribes that the total duration of working time for the period of stay of people on duty did not exceed the standard number of hours stipulated by the Code.The maximum duration of a change can be 12 hours.The number of output can not be less than the number of weeks per month.Is permissible, however, that the corresponding days of rest will be provided unevenly - most importantly, that the number satisfied the main criterion.
schedule for the watch can be compiled for the entire workforce, and on an individual basis.The second option is possible, for example, in cases where the person who ends his labor functions and is going to leave, you want to transfer power to his deputy future.
Recreation
basic legal document regulating the shift method of work, the Labour Code contains a term such as "R & R vacation."Its value is defined as follows.These are days of rest (sometimes called time off), which appeared as a result of time overtime set work schedule for the shift facility.Some lawyers believe R & R vacation kind of analogue of the holiday, but are not provided on an annual basis, and because of objective opportunities employer.But at the same frequency of such compensatory time off may be several times a year.Also, from the typical holiday R & R vacation accrual different way of compensation.Its base is not the average wage.In another way also calculated the number of days R & R vacation.To this end, the sum of all hours of processing is divided into 8 (based on the standard hours of work on TK).However, the variant in which the R & R rest will be paid in the amount of salary.In practice, it is possible if appropriate time off granted by employers in the form of compensation for the extra hours in the framework of the accounting period.
Regarding relations and R & R vacation rest some lawyers recommend to pay attention to the following points.The fact that, as a priority should be provided, above all, time off processing hours.And only after the person using them, they can go to the standard vacation.At the same days that make up the R & R should be included in the overall length, which is calculated on the basis of including holidays.
Overtime
the Labour Code allows that shift workers may provide recycling not only in terms of their own initiative (in this case, claim the R & R vacation), but also by virtue of the order management.In this case, their activities will take the form of overtime.The reasons that may determine an appropriate initiative of the watch may be different.Distributed option, in which the need to perform overtime arose in connection with the fact that time has not arrived staff, replacing the one that is currently running.If a person is required to work overtime, the remuneration is calculated one and a half or double the amount depending on the specific conditions of implementation of employee job functions.
Note that the organization of working time and rest for employees of medical and pharmaceutical profile, who carry out their work functions, serving shift workers, are based on the specifics of production and its specific conditions.However, the key provisions of Article 47, which normalized labor for wage employees shall also apply in respect of the specified profile professionals.
We have presented a thesis on which the shift method of work in Russia became particularly popular due to the loyalty of the national labor legislation.Based on the rules governing the TC, we can assume that this is largely true.Despite the fact that, for example, the law allows the employer company to install a 12-hour working day, at the same time, the provision prescribed by the weekend shift workers, as well as opportunities for the realization of the right to rest and the usual R & R vacation.In addition, the processing of overtime are paid time and a half or even double.The Russians, who know what the work in shifts, leave positive feedback, often emphasize the fact that the Labour Code - the source of law, which makes people who decided to tough journey for the purpose of earning adequately protected.