Schedule 2 2 how to write in the contract. Employment contract with a shift work schedule. Employment contract: shift, its features and key principles

Employment contract with shift work schedule slightly different from the classic sample of an employment contract with an employee. The company needs to take into account some of the nuances and prescribe them in the agreement so that in the future there will be no disputes and disagreements between the parties.

Employment contract: shift, its features and key principles

Shift work implies that the length of the working day of one employee meets all standards. Especially it concerns manufacturing enterprises with harmful conditions where it is necessary to ensure the smooth operation of the equipment. Employment contract is changeable must certainly contain a work-rest regime, which fixes the “size” of the shift and the number of shifts per month. However, it is pointless to prescribe absolutely all the details. You can use as an application to employment contract shift schedule with which the applicant must first familiarize himself. The document contains the following data:

Number of shifts;

Working hours in each shift;

Breaks for rest and meals for employees;

Weekly and inter-shift rest.

Employment contract shift work: sample filling

The employer needs to indicate the full name of the employee and the name of the enterprise / employer, indicate the date and place of the agreement, underline official duties subordinate, depending on the field of activity.

You also need to specify the duration of the contract. Of course, when designating the exact expiration date of the document - fixed-term contract, you need to writing justify the reasons why you hire a temporary worker (for example, in connection with maternity leave permanent employee or for seasonal work).

Employment contract, shift in which it is not fixed is unlikely to be recognized as valid. You must outline all the subtleties in writing.

According to Art. 103 of the Labor Code of the Russian Federation, the employer has the right to introduce a shift schedule in several cases:

1. If manufacturing process takes more time than the allowable working day for the employee;

2. If it is necessary to increase production volumes.

In this case, the employer needs to indicate not only the reason, for example, that it is necessary to provide round-the-clock security of the facility or provide medical care, but also carefully plan the mode of work and rest, so as not to violate any legislative norms. Shift work contract, work schedule in which irregular, must contain information on the accrual of bonuses or bonuses for overtime work.

Employment contract: shift schedule and features of the transition to it

If you signed a document with your subordinates prior to the transition to shift work, then you do not need to sign employment contract, shift work may be included in an existing agreement in accordance with Art. 72, 74 of the Labor Code of the Russian Federation. Fix the necessary changes and coordinate them with employees.

In addition to making changes to employment contracts, the employer needs to perform a number of actions:

Issue an order on the introduction of a shift schedule;

Amend the Labor Regulations (Article 100 of the Labor Code of the Russian Federation).

The condition for the introduction of a shift schedule must be included in the TD on the basis of Art. 100 and Art. 57 of the Labor Code of the Russian Federation. The order can be drawn up in free form, the main thing is to indicate the positions for which the new regime will be applied.

Employment contract, shift work in which you want to fix should be composed taking into account several features:

1. It is customary to distinguish three shifts - day, night and evening. If more than 50% of the employee's working time falls on the period from 22:00 to 6:00, then this is a night shift, and the previous one is considered evening;

2. Weekly rest for employees performing their duties based on an employment contract (shift schedule) must be at least 42 hours;

3. The legislator prohibits the work of 2 shifts in a row, between them there must be rest;

4. If the shift falls on the day preceding a public holiday, its duration must be reduced by 1 hour.

When hiring new employees for shift work or when transferring subordinates to a new schedule, the employer needs to take into account restrictions on certain categories of people. For example, night shifts are prohibited for women who have children under 3 years old, disabled people, minors, persons who are guardians of disabled people.

On our site you can download employment contract (shift work), sample compiled by experienced lawyers and fully complies with the law. You can fill out the document in a few minutes, you just need to answer the questions in the left column. The received answers will be automatically distributed according to the contract, you will only have to download it, put down signatures and stamps. Evaluate all the benefits of our service!

Limited Liability Company "Beta"
LLC "Beta"

LABOR CONTRACT

01.11.2011 № 112/11

Moscow

Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented byCEO Petrov Alexander Ivanovich, acting his based Charter, on the one hand, andKrasnova Nina Igorevna, we call and Ihereinafter referred to as the "Employee", on the other hand, hereinafter collectively referred to as the "Parties", have concluded the presentand employment contract(hereinafter referred to as the Agreement) about the following:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Employer instructs, and the Employee assumes the execution job duties onsales positionsin the trade department.
1.2. This Agreement regulates labor and directly related relations between the Employee and the Employer.
1.3. Work under this Agreement is for the Employee basic .
1.4. The place of work of the Employee isLLC "Beta".
!} 1.5. In order to verify the suitability of the position held, the Employee is placed on a three-month probation.
1.6. The probation period does not include the period of temporary disability of the Employee and other periods when he was actually absent from work.
1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement.
1.8. Working conditions at the workplace worker - admissible (grade 2).

2. TERM OF THE CONTRACT

2.1. The employee undertakes to start performing his labor duties with1 ноября 2011 г.!}
2.2. This Agreement is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties stipulated by this Agreement, the EmployeeSalary is set including:
3.1.1. Official salaryin the amount of 30,000 (Thirty thousand) rubles per month.
Compensation payments(surcharges for work on weekends and holidays, overtime), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on the remuneration of employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses) that are accrued and paid to the Employee in the manner and on the conditions established by the Regulations on Bonuses for Employees. 3.1.2. Compensation payments (surcharges for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulation on the Remuneration of Employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses) that are accrued and paid to the Employee in the manner and on the conditions established by the Regulations on Bonuses for Employees.!}
3.2. The salary is paid to the Employee every half a month in the following terms:5th and 20th of every month. The salary is paid to the employee by means of cash dstv to k essay of the Employer. At the request of the Employee, payment of wages innon-cash form by transferring it to the bank account specified by the Employee.
3.3. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. WORK FUNCTION OF THE EMPLOYEE

4.1. The worker performs!} the following job responsibilities:
- customer service;
- calculation of the purchase price, issuance cash receipt the buyer;
– full pre-sale preparation of goods;
- placement of goods (in a showcase, warehouse) by type to ensure the convenience of working with them;
– preparation of commodity reports, certificates for marriage, shortage, regrading of goods and acceptance certificates;
- permission contentious issues with buyers in the absence of representatives of the administration;
- other job responsibilities, envisaged D job description No.53 from 23.08.2011 .

5 . WORKING E TIME AND REST

5.1. The employee is set working mode two days after twoin accordance with the schedule work (n Annex No. 1 to this D slander) and working week with staggered days off.
Schedule approved by order taking into account the opinion of the primary trade union organization LLC "Beta"and brought to the attention worker no later than one month prior to its entry into force.
5. 2 . Start time, end time work, breaks for rest and meals,order of alternation of working days and days off installed The internal labor regulations in force at the Employer, and work schedules. Break s are not included in work time and use tsya R an employee at his own discretion.
5.3. The employer keeps a summary record of the time worked by the employee, with accounting periodone month.
5. 4 . The employee is granted an annual basic paid leave of28 (twenty eight)calendar daysChernobyl disaster, lasting 14 (fourteen) calendar days"> and annual additional paid leave due to the fact that he suffered a disease associated with radiation exposure due to the Chernobyl disaster, lasting 14 (fourteen) calendar days!} .
5.5. By family circumstances and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay. The duration of the specified leave is determined by agreement of the Parties.
5.6. An employee may be involved in work on weekends and non-working holidays, overtime work in cases and in the manner prescribed by the current labor legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

6 .one. The employee has the right:
6.1.1. On p providing him with the work stipulated by this Agreement.
6 .1.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.
6 .1.3. Rest, including on paid annual vacation, weekly holidays, non-working holidays.
6 .1.4. Compulsory social insurance in cases stipulated federal laws.
6 .1.5. The employee has other rights envisaged by the current legislation of the Russian Federation and other regulatory legal acts containing the norms labor law, localregulations of the employer.
6 .2. The employee is obliged:
6 .2.1. Conscientiously fulfill their labor duties assigned to him by this Agreement, D job description, other local regulations of the Employerwith whom he wasfamiliarized under under writing .
6 .2.2. Conscientiously and in a timely manner to execute orders, instructions, instructions, assignmentsGeneral Director of LLC "Beta", comply with the established labor standards, comply with the Internal Labor Regulations adopted by the Employer, with whom he would l familiarized under under letter.
6 .2.3. Observe labor discipline.
6 .2.4. Treat the property of the Employer with care (incl. to property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees.
6 .2.5. Use the equipment, tools, documents, materials transferred to him for work correctly and for the intended purpose.
6 .2.6. Comply with the requirements for labor protection and labor safety, safety, industrial sanitation, fire safety with whom he would l familiarized under under letter.
6 .2.7. Notify immediatelyGeneral Director of LLC "Beta"and to their immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).
6 .2.8. The list of other labor duties of the Employee is determinedcurrent legislation, Djob description, as well as local regulations of the Employer, with whichThe employee was introduced under letter.

7. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

7 .one. The employer has the right:
7 .1.1. Encourage the Employee for conscientious and efficient work.
7 .1.2. Require the Employee to perform works responsibilities definedby this Agreement, D job description, careful attitude to the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees, compliance with the provisions of the applicable at the Employer local regulations, with which the Employee was familiarized under signature.
7 .1.3. Bring the Employee to disciplinary and material liability in the manner and on the terms provided for by the current legislation of the Russian Federation.
7 .1.4. Adopt local regulations in the manner prescribed by law.
7 .1.5. Exercise other rights provided for by the current legislation of the Russian Federation, other regulatory legal acts containing labor law norms, local regulatory acts of the Employer.
7 .2. The employer is obliged:
7 .2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, the terms of this D stipulation.
7 .2.2. Provide the Employee with work stipulated by this Agreement.
7 .2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his labor duties.
7 .2.4. Ensure the safety of the Employee's work and working conditions that comply with state regulatory requirements for labor protection.
7 .2.5. Timely and in full pay the salary due to the Employee within the time limits established by the Internal Labor Regulations and this Agreement.
7 .2.6. Lead on Worker work book in the manner established by the current labor legislation of the Russian Federation and other regulatory legal acts containing labor standards rights.
7 .2.7. Process personal data of the Employee and provide them protection in accordance with the legislation of the Russian Federation and local regulations of the Employer.
7 .2. 8 . Introduce the Employee under a letter with the adopted local regulations directly related to his work activity.
7 .2. 9 . Provide for the daily needs of the Employee related to the performance of their labor duties.
7 .2. 10 . Insure the Employee under compulsory social insurancein the manner prescribed by federal laws of the Russian Federation.
7 .2.1 1 . Perform other dutiesprovided for by laborlegislationand other regulatory legal acts containing labor law norms, local regulations, agreements and this Agreement.

8 . EMPLOYEE'S SOCIAL INSURANCE

8 .one. The employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against accidents at work and occupational diseases) in the manner and under the conditions stipulated by thethe current legislation of the Russian Federation.
8.2. The employee has the right to additional insurance (voluntary medical insurance) on the terms and in the manner established by the Regulations on the social package of employees.

9 . WARRANTY AND REFUND

9 .one. For the period of validity of this Agreement, the Employee is subject to guarantees and compensations provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.

10 . RESPONSIBILITIES OF THE PARTIES

10 .one. In case of non-fulfillment or improper fulfillment by the Employee of his labor duties without good reasons, violations of labor legislation, provisions of the local regulations in force at the Employer, with which the Employee was familiarized under under writing, as well as causing material damage to the Employer The employee bears disciplinary, financial and other liability.
10 .2. The worker bears liability both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee.
10 .3. The employer bears material and other liabilityin accordance with the current legislation of the Russian Federation.

1 1 . TERMINATION OF AN EMPLOYMENT CONTRACT

11 . 1 . The grounds for termination of this Agreement are:
1 1 .1.1. Agreement with the parties.
1 1 .1.2. Termination of this Contracts initiated by the Employee. In this case, the Employee is obliged to notify the Employer in writing about this later than two weeks before the expected date of termination of this D slander. The specified period begins the next day after the Employer receives the Employee's application for dismissal.
1 1 .1.3. Termination of this Agreements at the initiative of the Employer (in cases and in the manner provided for by the current labor legislation of the Russian Federation).
1 1 .1.4. Other grounds provided for by the labor legislation of the Russian Federation.
1 1 .2. The day of dismissal of the Employee is the last day of his work, with the exception of cases provided for by law.

1 2 . FINAL PROVISIONS

1 2 .one. This Agreement shall enter into force onthe moment it is signed by both Parties.
All changes and additions to this Agreement are formalized by bilateral written agreements of the Parties.
1 2 .2. This Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
1 2 .3. In the event of a dispute between the Parties, it is subject to settlement through direct negotiations between the Employer and the Employee. If the dispute between the Parties is not settled by negotiations, it is permitted in the manner prescribed by the currentlabor legislation of the Russian Federation.
1 2 .4. In all other respects that are not provided for by this Agreement, the Parties are guided by the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, as well as local regulatory acts of the Employer.

Prior to signing this Agreement, the Employee under signature familiarized with about the following local regulations of the Employer:

Name and details of the local regulatory act

Acquaintance date

Employee's signature

Day shift work is acceptable for all employees. However, there are categories of persons who are strictly prohibited from working at night.

These include:

Persons with disabilities and single mothers may work the night shift by written consent.

Also, in local acts, it is allowed to establish groups of employees who cannot work at night.

What kind of enterprises need such a regime of work?

In a number of areas of activity, due to the peculiarities of the labor process, this system of labor regime is most widespread:

• production organizations with a continuous cycle (large industrial enterprises, factories). Stopping working machines or other equipment is fraught with considerable material losses that will have to be incurred due to the need to restart the machines.

  Hundreds and even thousands of employees can work in such organizations at the same time.

• Service sector (24 hour shops, gas stations). Shift work is a common occurrence in this area. Companies introduce such a mode of work so as not to lose revenue from potential customers in places where there is demand both day and night.
• Emergency services (fire, rescue, ambulance, police). The lives of many people depend on their continuous work.
• Transport ( Railway, airports). People drive and fly around the clock, so transport workers cannot take a day off at the same time.

What should an employer consider when scheduling?

The introduction of a replaceable system at the enterprise implies its competent formation, which does not conflict with the current legislation.

According to part 3 of Art. 111 of the Labor Code of Russia in shift mode, standard days off Saturday, Sunday, as well as holidays can be working days.

Labor Code of the Russian Federation, Article 111. Days off

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employers whose suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the rules of the internal labor schedule.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When compiling a shift work schedule, a general accounting of working time is considered.

This system is used if the duration of the work of employees does not coincide with the standard norm of 40 hours per week (part 1 of article 91 of the Labor Code of the Russian Federation).

In most cases, the duration of the working day with a shift schedule is 12 hours. But there are exceptions.

There is no specific definition in the laws of how many hours a shift can last. However, it is worth focusing on the basic norms of the labor legislation of the Russian Federation.

1. First of all, the shift cannot exceed 24 hours - even the most hardy person, due to his abilities, is not able to work longer.
2. Secondly, any employee is guaranteed the right to rest, which follows from Art. 110 of the Labor Code of the Russian Federation.

   Labor Code of the Russian Federation, Article 110. Duration of weekly uninterrupted rest

   The duration of the weekly uninterrupted rest cannot be less than 42 hours.

3. Thirdly Night shifts are paid higher than day shifts. Night time is the period from 22:00 to 6:00 ().

For some groups of people there are restrictions on the number of hours in one shift.

These include:

• minors (the number of working hours is specified in the Labor Code);
• disabled people (time is set on the basis of a medical report);
• car drivers (this is indicated by part 2 of the Labor Code of Russia on the basis of section 2 of the Regulations by order of the Ministry of Transport of the Russian Federation No. 15 of August 20, 2008).

As for holidays, employees must go to work according to their own schedule, since the transfer of red calendar dates to non-working days not produced.

This provision follows from paragraph 2 of clause 2 of the Procedure, approved by order of the Ministry of Health and Social Development of the Russian Federation No. 588n dated August 13, 2009.

Employees work according to their own schedule, but they are entitled to additional payment, which follows from Art. 153 of the Labor Code of Russia. The amount of the "monetary incentive" is a single hourly or daily rate above salary.

In the case of processing (that is, exceeding the norm of working hours), the employee is entitled to triple wages, that is additional payment double the salary.

Some circumstances suggest a reduction in working time by 1 hour while maintaining payment for a full shift:

The legislation does not specify the specific duration of rest between shifts.

But you should focus on the basic provision - which states that the duration of continuous rest per week should be at least 42 hours.

The shift schedule is drawn up by employees of the personnel department on the basis of the provisions of the Labor Code.

The schedule of the system of work and rest is attached to the employment contract.

The full schedule indicates the length of the working day, the rotation order, as well as the time and number of breaks.

Changes in the working hours must be notified to the staff 30 calendar days before it comes into force.

How to reflect this in the employment contract? Sample document

From here you will learn how to correctly fill out an employment contract with a shift work schedule according to the model.

An employment contract with an employee who will work in shifts has its own design nuances (we will tell you how to write them correctly):

1. the section on working time and rest should contain information that the employee is working in shifts.
2. The duration of the shift is specified in hours, the type of accounting for work time is monthly, weekly, or quarterly.

Other items are drawn up according to the standard scheme - salary, vacation conditions, mutual responsibility of the employee and employer, etc.

Design example: an employee works on a shift schedule according to the “ Production activity».

The schedule under the name "Production activity" must be attached to the contract, and the person must be familiarized with it. The most common shift mode is work 2 through 2. This alternation of work and rest is quite convenient for workers.

The employee has 2 days - workers in the day shift. The beginning of the working day - 9:00, completion - 21:00. Then there are 2 days off, and he is replaced by a colleague who is a shift worker. The shift schedule is developed in the personnel department based on the goals and needs of the organization.

When developing a shift schedule, the main factor is the company's need for continuous implementation of the work cycle, which is divided into time intervals. Then a further work plan is drawn up.

Conclusion employment contract in the shift mode of operation, in general, it follows the same principles as in the normal mode. However, the points concerning the schedule should be covered in detail. When drawing up a document and drawing up a shift schedule, you should be guided by the current labor legislation and not go beyond it.

An employment contract with an employee who will work in shifts has its own design nuances (we will tell you how to write them correctly):

1. the section on working time and rest should contain information that the employee is working in shifts.
2. The duration of the shift is specified in hours, the type of accounting for work time is monthly, weekly, or quarterly.

Other items are drawn up according to the standard scheme - salary, vacation conditions, mutual responsibility of the employee and employer, etc. Example of registration: an employee works on a shift schedule according to the "Production activity" mode. The schedule under the name "Production activity" must be attached to the contract, and the person must be familiarized with it. The most common shift mode is 2 through 2 work.

Employment contract with a shift work schedule

The employer bears material and other liability in accordance with the current legislation Russian Federation. 9.4. In cases provided for by law, the Employer is obliged to compensate the Employee moral injury caused by illegal actions and (or) inaction of the Employer.

10. TERMINATION OF THE AGREEMENT 10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation. 10.2. In all cases, the day of dismissal of the Employee is the last day of his work.
11. FINAL PROVISIONS 11.1. The terms of this employment contract are confidential and not subject to disclosure. 11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties.

How to fill out an employment contract with a shift work schedule according to the model?

For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts employer and this agreement. 9. RESPONSIBILITY OF THE PARTIES 9.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation .

9.2. The Employee is obliged to compensate the Employer for the direct actual damage caused to him. Lost income (lost profit) is not subject to recovery from the Employee.
9.3.

Employment contract with shift work schedule

Attention

The working time for the Employee is 48 hours per week in shift work in accordance with the shift schedule approved by the Employer: in two (three, four) shifts. 4.2. The duration of the shift is hours. 1st shift: start - hours minutes; ending - hours minutes; 2nd shift: start - hours minutes; ending - hours minutes; 3rd shift: start - hours minutes; ending - hours minutes; 4th shift: start - hours minutes; ending - hours minutes.

4.3. During the working day, the Employee is given a break for rest and meals, which is not included in the working time. 4.4. The employee is granted an annual paid leave of 1 calendar days, consisting of the main 28 calendar days; additional calendar days.

The concept of "shift schedule" in the employment contract

Wages are paid to the Employee [indicate specific dates of the calendar month]./Wages are paid to the Employee at least every half a month on the day established by the internal labor regulations. 5.4. When performing work outside the normal working hours, at night, on weekends and non-working holidays, when combining professions (positions), when performing the duties of a temporarily absent employee, the Employee receives appropriate additional payments in the manner and amount established by the collective agreement and local regulations.

5.5. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation. back to index 6.1.

Employment contract (shift work schedule)

All changes and additions to this employment contract are formalized by a bilateral written agreement. 11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the legislation of the Russian Federation. 11.4.

In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation. 11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS OF THE PARTIES 12.1. Employer: location address: , TIN, KPP, R / s v, BIK. 12.2. Employee: passport: series number, issued » » city, subdivision code, registered at: . thirteen.
In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation. 6.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation. back to index 7.1.

Important

Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by Labor Code Russian Federation and other federal laws. 7.2. In all other respects that are not provided for by this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.

7.3.

Employment contract 2

Option: The employee begins to perform his duties without probationary period. 3. CONDITIONS OF PAYMENT OF THE EMPLOYEE 3.1. The employee is paid wages in the amount of () rubles.

3.2. The following financial incentive measures are provided for the Employee: 3.2.1. Surcharges. 3.2.2. Allowances. 3.2.3. Prizes. 3.2.4. Others.
3.3. Wages are paid to the employee in cash Money at the Employer's cash desk (option: by non-cash transfer to the Employee's bank account) within the time limits established by the Internal Labor Regulations. 3.4. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation. 4. MODE OF WORKING TIME AND REST TIME 4.1.
the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees; - immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property); — [other obligations stipulated by the current labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, local regulations]. back to index 3.1.

Seller employment contract with shift work 2 through 2 sample

Home Salary and personnel Employment contract with shift work Hello! I have a question about an employment contract. Is it necessary to include the mode of operation in it? Now we are accepting two regular sellers for the 5/2 schedule, and in a couple of months we plan to transfer the store to work seven days a week. To do this, we will accept two more sellers for a shift work schedule, and these will also be translated in shifts. All questions are discussed at the time of admission, no one refuses a shift schedule.
Perhaps it is possible to immediately prescribe a shift work schedule in the contract so as not to renew the contract with employees in a few months? After all, in fact, the schedule 5/2 is also replaceable? Or not? You can leave a comment on this topic after registration. Registered users have more options. Go to registration. You can leave a comment on this topic after registration.

RF [F. I. O. employee], hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the “Parties”, have concluded this agreement as follows: back to the table of contents 1.1. Under this employment contract, the Employee undertakes to fulfill the duties of the profession / position [indicates work according to the position in accordance with staffing, professions, specialties indicating qualifications; the specific type of work entrusted to the employee] in the [place of work, and in the case when the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location], and The Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.

This provision follows from paragraph 2 of clause 2 of the Procedure, approved by order of the Ministry of Health and Social Development of the Russian Federation No. 588n dated August 13, 2009. Employees work according to their own schedule, but they are entitled to additional payment, which follows from Art. 153 of the Labor Code of Russia. The amount of "cash incentive" is a single hourly or daily rate in excess of salary. In the case of processing (that is, exceeding the norm of working hours), the employee is entitled to triple wages, that is, an additional payment in double the amount in excess of the salary. Some circumstances suggest a reduction in working time by 1 hour while maintaining payment for a full shift:

1. working day on the eve of the holiday;
2. night shift (any).

In most organizations operating in Russia, a five-day workday with an 8-hour working day is used, according to this standard, employees work on weekdays, and then rest on Saturday and Sunday. But some enterprises cannot stop the production process, they are forced to work around the clock and every day, then the manager has to introduce a shift schedule.

Let's figure out how to draw up an employment contract with a shift work schedule so as not to violate the current legislation and not infringe on both your interests and the rights of employees.

Due to the specifics in labor activity at certain enterprises, it becomes necessary to maintain a shift system.

Some production cycles cannot be stopped, as this will entail large material losses and lost profits, but, due to physiology, the capabilities of workers have a limit.

The legislation of the Russian Federation has introduced restrictive measures regarding the length of working hours, so the only option not to slow down the work process is to divide it into parts, that is, shifts.

Important! According to , the workflow can be divided into two, three, or four parts. The simplest and most popular option is considered to be a two-shift system, for example, day-night for 12 working hours.

Shift Schedule Restrictions

According to the legislation of the Russian Federation, all employees can work on a day shift, while there are certain categories of people who are prohibited from working at night. These include:

• underage employees;
• pregnant women.

With written consent, people with disabilities and single mothers can work at night. Citizens working in hazardous industries cannot work more than 8 hours a day (or 36 hours a week).

Also, the enterprise has the right to establish in local documents its groups of persons who cannot work on the night shift.

Where is changeover needed?

As a rule, a shift work regime is chosen at an enterprise if its activities and directly labor process have the following features:

1. Continuous production cycle ( large factories and industrial companies). Stopping the equipment in such cases threatens with large material losses that will have to be incurred due to repeated starts and stops of the machine.
2. The company operates in the service sector (convenience stores, gas stations). In these industries, shift work is quite common, companies choose this mode so as not to lose revenue from potential customers who may need something both day and night.
3. Emergency services on which people's lives depend. The fire brigade, ambulance, police must work continuously in order to quickly respond to emerging threats and help people in need.
4. Transport (railway, airports). People constantly need to travel and fly, at any time of the day, so employees of these organizations cannot take one day off for everyone at once.

What to consider when drawing up a schedule

If the company decides to introduce a shift work schedule, then it must be correctly formed without contradictions with the current legislation.

It says that with a shift mode, generally accepted weekends and holidays can be working days. According to the general rules, all employees are provided with a weekly uninterrupted rest: for a five-day period, two days are considered days off, and for a six-day period - one. Sunday is recognized as a general day off, but the second day of rest is established by a collective agreement or internal work schedule. Most companies make rest days in a row.

If the suspension of work on weekends is not possible for production, technical or organizational reasons, then days off are provided on different days of the week to each group of employees in turn based on the internal regulations.

When drawing up a shift schedule, the total working time is always considered, such a system is used if working hours do not fit into the standard 40 hours per week.

As a rule, the duration of the working shift is 12 hours, but there are exceptions. In general, there is no specific concept of shift duration in regulatory legal acts, while the employer should not forget about the basic concepts of labor legislation.

1. The shift should not last more than 24 hours, as even the most persistent workers are not able to work longer due to their physical capabilities.
2. On the basis of each employee is guaranteed rest, at least 42 hours a week.
3. Night shifts (from 22:00 to 06:00) are paid double.
4. Some categories of citizens have restrictions on the duration of the shift, these include minors, disabled people and drivers of vehicles.
   

   Important! Employees working on a shift schedule are required to take a shift even on holidays, since there is no transfer to non-working days. If a person works on a holiday according to his schedule, then he is entitled to an additional payment in the amount of an ordinary rate per hour or day in excess of the standard salary.

5. When processing, that is, when the standards for working hours are exceeded, the employee receives cash payments in a triple amount.
6. Under certain circumstances, it is possible to reduce working time by an hour without changing the amount of remuneration (as for a full shift):
   - working day on the eve of the holiday;
   - night shift.
7. In shift mode, it is strictly forbidden to set 2 shifts in a row without rest, and the legislation does not define a specific break time, according to general rule, it must be at least 42 hours a week.

Drawing up a shift schedule is the responsibility of the personnel department employees, they form an official document that records the length of the working day, the alternation of working hours and breaks.

The schedule of work and rest is attached to the Employment Contract, and any changes in it are possible only after notifying the staff 30 calendar days before they come into force.

How to sign a contract with a shift work schedule

Many employers are interested in how to prescribe a shift work schedule in an employment contract. In general, the document is drawn up according to standard rules, that is, it must indicate the employee's salary, the mutual obligations of the employer and employee, the vacation system, and so on. There are certain nuances only in fixing working hours.

First of all, the contract must contain information that the citizen is engaged in labor activity in shift mode.

Secondly, the duration of the shift is indicated in hours, regardless of which type of accounting for working time is accepted - weekly, quarterly or monthly.

Consider a sample of an employment contract with the most popular shift work schedule “2 through 2”. This alternation is convenient for both the employer and employees.

According to this regime, the employee has 2 working days in the day shift, for example, from 9:00 am to 9:00 pm, then he is given two days off, and a shift takes his place, then the cycle repeats in a circle.

When developing a schedule personnel department should take into account the goals and needs of the company, in particular the need for a continuous work cycle. Please note that the finished schedule is always given to the employee for review, and only then is it attached to the employment contract.

When concluding an employment contract with a shift work schedule, you should always rely on current legislation. So, the maximum duration of the shift, the categories of persons who are contraindicated to work with a similar schedule, as well as the implementation of labor activities on holidays are prescribed.

Some points are not fully reflected in the regulations, for example, the exact break time between shifts. However, in order to avoid misunderstandings and not infringe on the rights of employees, one must be guided by general labor regulations.

The employer should not forget about the practical side of the shift schedule. Thus, when establishing the working regime, he should take into account the need for a continuous process, as well as assess the working conditions and physical capabilities of workers.