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

EMPLOYMENT CONTRACT (shift work schedule)

________________ "___" ___________ ____

Hereinafter referred to as ___ "Employer", represented by _________________________, acting ___ on the basis of ___________________, on the one hand, and _________________________, hereinafter referred to as ___ "Employee", on the other hand, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer undertakes to provide the Employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this employment contract, to pay the Employee's wages in a timely manner and in full. , and the Employee undertakes to personally perform the labor function determined by this employment contract, to comply with the Internal Labor Regulations in force at the Employer.

1.2. The employee is admitted to ________________________________ for the position of _________________________.

The work under this contract is the main / part-time job for the Employee.

1.3. The place of work of the Employee is ________________________, located at the address: _________________________________.

1.4. The work of the Employee under this contract is carried out under normal conditions. Labor obligations of the Employee are not related to the performance of hard work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.5. The employee reports directly to _____________________.

2. TERM OF THE CONTRACT

2.1. This employment contract is concluded without limitation of validity. Start date of work: "___" ___________ ____

Option: this employment contract is concluded for a period from "___" __________ ____ to "___" __________ ____, grounds: ____________________________.

Date of commencement of work: "___" __________ ____

2.2. The employee is set a probationary period of _____ (___________) months from the date of commencement of work.

Option: The employee begins to perform his duties without a probationary period.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. The employee is set a wage rate in the amount of ______ (_____________) rubles.

3.2. The following measures of material incentives are provided for the Employee:

3.2.1. Surcharges ___________________________________________.

3.2.2. Allowances __________________________________________.

3.2.3. Prizes ____________________________________________.

3.2.4. Other ____________________________________________.

3.3. Wages are paid to the Employee by issuing cash 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. Working hours for the Employee are 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.

1 shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

2nd shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

3rd shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes;

4th shift: start - ___ hours ___ minutes; end - ___ hours ___ minutes.

4.3. During the working day, the Employee is given a break for rest and meals lasting ___________, which is not included in the working time.

4.4. The employee is granted an annual paid leave of __________ calendar days, consisting of a main vacation of __________ (at least 28) calendar days; additional _________ calendar days.

The right to use the leave for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the Employer.

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following duties:

- _____________________________________________________________.

5.1.2. Comply with the Internal Labor Regulations and other local regulations of the Employer.

5.1.3. Observe labor discipline.

5.1.4. Comply with labor protection and labor safety requirements.

5.1.5. Take care of the property of the Employer and other employees.

5.1.6. 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 property of the Employer.

5.1.7. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management.

5.1.8. Do not disclose information constituting a trade secret of the Employer.

5.2. The employee has the right to:

5.2.1. Protecting your professional honor and dignity.

5.2.2. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this agreement.

6.1.2. Provide the Employee with the work stipulated by this agreement.

6.1.3. Provide the Employee with premises, equipment, technical documentation and other means necessary for the performance of his labor duties.

6.1.4. Pay in full the wages due to the Employee within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties.

6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious efficient work.

6.2.2. Require the Employee to fulfill the labor duties specified in the job description, respect the property of the Employer and other employees, and comply with the Internal Labor Regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in accordance with the procedure established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

8. WARRANTY AND REFUND

8.1. 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 of the Employer and this agreement.

9. RESPONSIBILITIES 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 Rules of the internal labor regulations of the Employer, 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. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.

9.4. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

10. TERMINATION

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. 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: ___________________________________________________ address of location: ________________________________________________________________, TIN ____________, KPP __________________, R / s _____________________________ in ______________________________________, BIC ____________________________. 12.2. Employee: ______________________________________________ passport: series _____ number _____________, issued on ___________________________ _______________________ "___" _________ ____, subdivision code ________, registered at: ____________________________________________. 13. SIGNATURES OF THE PARTIES Employer: Employee: ____________/_____________/ ____________/__________/ M.P.

Features of the shift work schedule

Shift work includes day, evening and night shifts. A shift in which at least 50% of the working time falls at night is considered a night shift (from 22:00 to 6:00), and the shift immediately preceding the night shift is considered evening.

The shift schedule should be developed taking into account the following conditions:

the duration of working hours for the accounting period should not exceed the normal number of working hours established by law;
the duration of the daily shift for certain categories of persons should not exceed the duration established by law;
according to the Labor Code of the Russian Federation, weekly uninterrupted rest must be at least 42 hours;
work is prohibited for two shifts in a row;
the duration of the work shift immediately preceding a non-working holiday should be reduced by 1 hour;
before the weekend, the duration of the shift with a six-day working week cannot be more than 5 hours;
the night shift, as a rule, should be reduced by 1 hour without further working off.

Shift work restrictions

When drawing up a work schedule, it is necessary to remember about the restrictions on attracting certain categories of persons to work. Pregnant women and minors are not allowed to work at night.

Only the following categories of employees can work at night according to the schedule, having given written consent to this work, and provided that this work is not prohibited to them for health reasons:

women with children under the age of 3;
disabled people;
employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in the prescribed manner;
mothers and fathers raising children under the age of five without a spouse (wife), as well as guardians of children of this age.

Structure and content of a standard sample of an employment contract with a shift work schedule

Date and place of conclusion of the agreement.
Names of the parties.
subject of the employment contract.
Validity. The date of commencement of the labor relationship (if the contract is open-ended) and the date of its end (if a fixed-term employment contract is concluded) are indicated.
Rights and obligations of the parties.
Guarantees and compensations.
Mode of work and rest. This is the main point containing the differences between an employment contract with a shift work schedule and a regular employment contract. The work schedule used in the organization is indicated here: the number of shifts per day (two, three, etc.), their duration, time for rest and meals, etc.
Terms of payment. The amount of salary or tariff rate is indicated; bonuses and allowances, as well as the conditions and procedure for their payment.
Responsibility of the parties.
Grounds and procedure for termination of the contract.
Other conditions.
List of applications.
Addresses and details of the parties.
Signatures of the parties.

Practical issues related to the execution of the contract are touched upon. What you should especially pay attention to: the maximum duration, the impact of night time and holidays on the schedule.

concept

Often the specifics of the workflow dictate the need to introduce a system of shifts at the enterprise.

Continuous cycle cannot be stopped, this can lead to extremely negative consequences and large material losses.

But the capabilities of the worker are limited due to his physiology.

In this regard, there are legislative prohibitions on exceeding the norm of working hours.

It follows from this that the only possibility not to stop the process is breaking down into component parts - shifts.

The main governing article is Art. 103 of the Labor Code of the Russian Federation. According to her, the workflow cycle can be divided into two/three/four parts.

The simplest option is a two-shift system. For example - day/night shifts, 12 hours each.

The schedule is drawn up in the form of one of the appendices of the collective agreement. The opinions of employees are also taken into account - the procedure regulates.

Restrictions

There are certain categories of people who work in night shifts strictly prohibited.

Can't work night shift persons under the age of majority and pregnant women.

Local acts may additionally establish groups of workers who are prohibited from night shifts.

Persons with disabilities, single mothers and some other groups may only work on such a schedule with specific written consent.

in hazardous industries maximum duration cannot exceed 8 hours, and the total working weekly time - 36 hours.

characteristic spheres

Due to the specifics of the workflow, in some areas of activity, this system is most common.

Let's list them:

Production with a continuous cycle - factories, large industrial facilities. Stopping the conveyor (and other complex installations) entails huge losses associated with the cost of restarting it. Therefore, industrial enterprises are characterized by a shift mode of operation. Simultaneously thousands of workers can work on such a scheme.
Emergency services - ambulance, police, rescue services. The lives of people directly depend on their uninterrupted work.
Private Sector/Services - Gas Stations, Convenience Stores. For the service sector, shifts are a characteristic phenomenon. Companies are introducing this system in order not to lose potential revenue, in places where round-the-clock demand can be met.
Transport networks - airports, railway. Their employees, like emergency workers, cannot simply go on a day off in full force.

Regulatory principles

When introducing a shift system in an enterprise, it is necessary to pay attention to a number of regulatory principles. The schedule must be formed so that it does not conflict with them.

Duration: although there is no specific definition, the duration of the shift must comply with the basic standards established by Russian law.

The shift cannot be/exceed 24 hours. In addition, it sets the weekly rate at 40 hours/week.

Considering the provisions of the Labor Code, HR department planning schedule. It is given a specific name. In the future, the schedule is attached as an annex to the employment contract. A complete schedule should contain rotation, duration, breaks.

Attention! On the introduction of a new schedule of employees, it is necessary notify one month prior to its entry into force.

Registration

How to prescribe (indicate) a shift work schedule in an employment contract?

In the section of the contract “Working time and rest”, the first paragraph must reflect that the employee will work in shifts.

Then in the contract the name of the graph is indicated, according to which the employee will work at the enterprise.

Specify the duration of the shift in hours, type of accounting of working time (weekly/monthly/quarterly).

The remaining clauses of the contract are standard - wages, vacation, responsibility of the parties and others.

An example of wording: an employee carries out labor activities in shift mode, according to the "Maintenance" schedule.

The "Maintenance" schedule is drawn up as an annex to the contract, the employee must be familiarized with it. An employment contract with a “2 through 2” work schedule is very popular.

The work schedule 2 through 2 looks like this:

Two days are working days for an employee day shifts 12 hours. Working time starts at 8.00 and ends at 20.00.

This is followed by two days of rest., in which replaced by another employee. It is usually called a changer. The schedule is developed by the personnel department, based on the needs of the enterprise and the shopping mall.

When scheduling, the need of the enterprise is the starting point − the continuous cycle is divided into time intervals.

Then these intervals check with the Labor Code and the final work plan is formed.

Conclusion

Concluding an employment contract with a shift work schedule there are a number of principles to be considered that are established by law.

Some of them are the maximum duration of shifts and categories of people who are prohibited from working with shift schedules.

It is also worth considering that the total shift time at night (22.00-6.00) and holidays is reduced.

Some aspects are not covered in the TC, for example, the exact rest time between shifts.

To avoid misunderstandings, it is worth relying on the general provisions of the Code. Main articles - 91, 94, 96.108 TC.

[F. I. O. / Full name of the employer] represented by [position title, full name], acting on the basis of the [Charter, regulation, power of attorney], hereinafter referred to as the "Employer", on the one hand and a citizen (ka) of the Russian Federation

[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:

1. The Subject of the Agreement

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 the staffing table, profession, specialty, 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.

1.2. Work under this agreement is the main place of work for the Employee.

1.3. The working conditions at the workplace according to the degree of harmfulness and (or) danger are [optimal (class 1) / acceptable (class 2) / harmful (indicate the class and subclass of hazard) / dangerous (class 4)].

1.4. The period of probation for employment is [specify the period]./The employee is hired without probation.

1.5. The employment contract is concluded for an indefinite period.

1.6. The employee must start work on [day, month, year].

2. Rights and obligations of an employee

2.1. The employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Providing him with a job stipulated by an employment contract;

A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement [if any];

Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays;

Complete reliable information about working conditions and labor protection requirements at the workplace;

Training and additional professional education in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws, if any - and the collective agreement forms;

Conducting collective negotiations and conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

Protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;

Compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Compulsory social insurance in cases stipulated by federal laws;

2.2. The employee is obliged:

Conscientiously fulfill their labor duties assigned to him by the employment contract;

Comply with the internal labor regulations;

Observe labor discipline;

Comply with established labor standards;

Comply with labor protection and labor safety requirements;

Take care of 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;

Immediately notify the Employer or immediate supervisor 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].

3. Rights and obligations of the employer

3.1. The employer has the right:

Conclude, amend and terminate the employment contract with the Employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Conduct collective bargaining and conclude collective agreements;

Encourage the Employee for conscientious efficient work;

Require the Employee to fulfill his labor duties and respect 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 internal labor regulations;

Bring the Employee to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Adopt local regulations;

Create associations of employers in order to represent and protect their interests and join them;

Create a works council;

- [other rights provided for by the current labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, local regulations].

3.2. The employer is obliged:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of an employment contract, agreements, collective agreement [if any];

Provide the Employee with work stipulated by the employment contract;

Ensure safety and working conditions that comply with state regulatory requirements for labor protection;

Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;

Provide the Employee with equal pay for work of equal value;

Pay in full the wages due to the Employee within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement [if any], the internal labor regulations, the employment contract;

Conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by the Labor Code of the Russian Federation;

Provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

To acquaint the Employee against signature with the adopted local regulations directly related to his work activity;

Timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

Consider the submissions of the relevant trade union bodies, other representatives elected by employees about the identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to these bodies and representatives;

Create conditions that ensure the participation of the Employee in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any].

Provide for the daily needs of the Employee related to the performance of their labor duties;

Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws;

Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

- [other duties provided for by the current labor law and other normative legal acts containing labor law norms, a collective agreement, local normative acts].

4. Working time and rest time

4.1. The employee is set to work in shifts in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with uninterrupted rest of at least 42 hours.

4.2. The duration of a work shift is [value] hours. Days off for an Employee working on a shift schedule are days that are not working days according to the work schedule established for him.

4.3. In relation to the Employee, a summarized accounting of working hours is established. The reference period is [week/month/quarter/year].

4.4. The employee is granted an annual basic paid leave of [value] calendar days.

4.5. The employee is granted annual additional paid leave of [value] calendar days [indicate the basis for granting additional leave].

4.6. For family reasons and other valid reasons, the Employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the Employee and the Employer.

5. Terms of remuneration

5.1. The employee is paid a salary of [amount in numbers and words] rubles.

5.2. Additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and allowances of a stimulating nature and bonus systems, are established by a collective agreement, agreements, local regulations and other regulatory legal acts containing labor law norms.

5.3. 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.

6. Liability of the parties

6.1. 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 shall bear 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.

7. Final provisions

7.1. Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the 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. The employment contract is concluded in writing, drawn up in two copies, each of which has the same legal force.

7.4. All changes and additions to this employment contract are formalized by a bilateral written agreement.

7.5. This employment contract may be terminated on the grounds provided for by the current labor legislation.

8. Details and signatures of the parties

I received a copy of the employment contract on [date, month, year] [signature, surname, initials of the employee]