Weekend on shift. How are shift work that falls on holidays paid? Days off when working on a rotational basis

Work with summarized accounting of working hours (according to schedule). Is it necessary to obtain the employee’s written consent and issue an order to work on a non-working holiday if this day is included in the standard working hours according to the schedule and falls on a holiday (for example, a shift is March 1-15, March 8 is a non-working holiday)?

Having considered the issue, we came to the following conclusion:

Holidays may be established as working days when carrying out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

When carrying out such work, holidays falling on the shift schedule are considered working days; accordingly, when performing work on such days, it is not necessary to obtain the written consent of employees. There is no need to issue an order to attract employees to work on holidays if work on such days is provided for in the work schedule.

Rationale for the conclusion:

The specifics of regulating the labor of persons working on a rotational basis are provided for in Chapter 47 of the Labor Code of the Russian Federation and the Basic Provisions on the rotational method of organizing work, approved by Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82 (hereinafter referred to as the Basic Provisions), applied to the extent that does not contradict the Labor Code of the Russian Federation (part one of Article 423 of the Labor Code of the Russian Federation).

According to Art. 300 of the Labor Code of the Russian Federation for a rotational work method is established summed up for a month, quarter or other longer period, but not more than for one year. Working time and rest time within the accounting period are regulated by the shift work schedule, which 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 Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations, and is brought to the attention of employees no later than two months before its entry into force (Article 301 of the Labor Code of the Russian Federation).

Neither the Labor Code of the Russian Federation nor the Basic Provisions establish a special procedure for attracting workers working on a rotational basis to work on holidays. Consequently, when working on a rotational basis, we apply the general procedure for implementing this procedure, provided for in Art. 113 Labor Code of the Russian Federation.

Non-working holidays are such regardless of the working hours of a particular employee. A uniform list of non-working holidays on the territory of the Russian Federation for all employers and employees is established by part one of Art. 112 Labor Code of the Russian Federation.

As a general rule, work on non-working holidays is prohibited. The exception is cases established by the Labor Code of the Russian Federation (Article 113 of the Labor Code of the Russian Federation).

As expressly established by Art. 113 of the Labor Code of the Russian Federation, without the consent of employees, they can be involved in work on a day off and (or) a non-working holiday in the cases provided for in part three of Art. 113 of the Labor Code of the Russian Federation and related to emergency circumstances (see, for example, the decision of the Zimovnikovsky District Court of the Rostov Region dated October 2, 2012 in case No. 2-678, the appeal ruling of the Investigative Committee for civil cases of the Supreme Court of the Republic of Sakha (Yakutia) dated September 30, 2013 in case N 33-3820/2013).

According to part three of Art. 113 of the Labor Code of the Russian Federation, engaging employees to work on weekends and non-working holidays without their consent is permitted, in particular, to prevent accidents, destruction or damage to the employer’s property, state or municipal property.

As the courts note, listed in part three of Art. 113 of the Labor Code of the Russian Federation, the list of cases of calling an employee to work on weekends (holidays) without his written consent is not exhaustive, but allows us to conclude that these cases must be of an unforeseen, emergency nature (see, for example, the decision of the Nizhny Novgorod Regional Court dated May 30, 2013 in case No. 7-363/2013, as well as the decision of the Shakhunsky District Court of the Nizhny Novgorod Region dated February 21, 2013 in case No. 2-335/13).

At the same time, work on a rotational basis in itself is not of an exceptional or emergency nature and cannot be classified as unforeseen work.

By virtue of part six of Art. 113 of the Labor Code of the Russian Federation, holidays are allowed to be established as working days when carrying out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work. The procedure for engaging in work on a holiday, as such, is part six of Art. 113 of the Labor Code of the Russian Federation is not regulated - this norm establishes only cases when the involvement of workers on such days is generally permissible.

At the same time, it must be taken into account that the work listed in part six of Art. 113 of the Labor Code of the Russian Federation, are carried out in accordance with the working hours established in the organization, which employees are required to comply with (part two of Article 21, Article 100, Article 189 of the Labor Code of the Russian Federation). Therefore, we believe that when performing work on such days, it is not necessary to obtain the written consent of employees.

Judicial practice confirms this conclusion (see, for example, the decision of the Orenburg Regional Court dated July 11, 2012 in case No. 21-254/2012, the appeal ruling of the Investigative Committee for civil cases of the Kemerovo Regional Court dated January 14, 2016 in case No. 33-376/2016; decision Central District Court of Chelyabinsk (Extract)).

By virtue of part eight of Art. 113 of the Labor Code of the Russian Federation, the involvement of employees in work on weekends and holidays in all cases is carried out by written order of the employer.

At the same time, labor legislation does not define either the form or content of such a document, or the procedure for its preparation. If we are talking about the work specified in part six of Art. 113 of the Labor Code of the Russian Federation, then, in our opinion, the schedule in which a holiday for a given employee is indicated as a working day is itself a written order of the employer, provided for in part eight of Art. 113 of the Labor Code of the Russian Federation, therefore, issuing a separate order in this case is not required.

As we understood from the question, in the situation under consideration the organization is a continuously operating one or carries out work caused by the need to serve the population, or urgent repair and loading and unloading work. In this case, holidays falling on the shift schedule are considered working days by virtue of part six of Art. 113 Labor Code of the Russian Federation. Accordingly, when performing work on such days, it is not necessary to obtain the written consent of employees.

Issuing an order to attract employees to work on a holiday, if work on such a day is provided for by the work schedule, in our opinion, is also not required: the shift work schedule (with which the employee must be familiarized two months before its entry into force, in accordance with from Article 301 of the Labor Code of the Russian Federation) itself is a written order of the employer, provided for in part eight of Art. 113 Labor Code of the Russian Federation.

See also the answers from the Rostrud information portal "Online Inspectorate.RF" to question 1; question 2; question 3; question 4; question 5; question 6.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Troshina Tatyana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Hello!

No, that's not true.

Article 153. Remuneration for work on weekends and non-working holidays

Work on a weekend or a non-working holiday is paid at least double the amount:

for piece workers - no less than double piece rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

and in the amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working time standard.

Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.

Work on holidays is paid in the amount of at least a single daily or hourly rate in addition to the salary.

Why not double? But only an additional payment in the amount of a single daily or hourly rate on top of the salary?

Because your work schedule is 15 days, and work cannot be done outside of it, since after a 15-day shift you have inter-shift rest days.

If, for example, you remained on shift for a few more days beyond your schedule, then all days beyond your work schedule would be paid at double the rate.

According to the Basic Provisions on the shift method of organizing work, approved by Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR dated December 31, 1987 N 794/33-82

5. Salary, benefits and compensation

5.1. Remuneration for workers under the rotation method of organizing work is made:

workers - piece workers - for the volume of work performed according to enlarged, complex and other applicable standards and prices;

workers - time workers - for all actually worked time in hours based on the established tariff rates of the assigned categories;

foremen, foremen, site (shift) supervisors and other line (shop) personnel directly supervising the site (site) - for all time actually worked according to the schedule (in hours) based on the established monthly official salaries. The hourly rate of employees in these cases is determined by dividing the monthly official salary by the number of working hours according to the calendar of the billing month;

other managers, specialists and employees also working on shifts - for the time actually worked (in days) based on the established monthly official salaries.

With a shift work schedule, everything depends on whether holidays are working days for the employee according to his approved work schedule:

If they are, then they are paid in a single amount, i.e. like normal working days according to his schedule;

If they are not, i.e. he worked outside of his schedule, i.e. additionally - then they are paid double, i.e. like working on weekends and holidays.

The rationale for this position is given below in the materials of the Glavbukh System

Situation: how to pay a shift worker for work on weekends and holidays

An employee’s work on a weekend or holiday must be paid double (Article 153 of the Labor Code of the Russian Federation). There are no exceptions for employees working on a rotational basis in the legislation. Therefore, accrue additional payments to shift workers in the same manner as regular employees. However, keep in mind that days off may vary between regular employees and rotational employees. The shift worker's rest time is indicated in the shift work schedule (Part 1 of Article 301 of the Labor Code of the Russian Federation).

If the employee has a monthly salary, to calculate the additional payment for work on a weekend (holiday) day, you will need to calculate the hourly rate. This is due to the fact that the additional payment must be calculated based on the number of hours worked on a weekend or holiday.

The chief accountant advises: establish the procedure for calculating the hourly wage rate for an employee who has a summarized recording of working hours in the internal documents of the organization (for example, in the Regulations on remuneration). The need for this is due to the fact that the legislation does not establish the procedure for calculating the hourly tariff rate.

Indicate that the hourly wage rate is determined by dividing the salary by the average monthly number of working hours. Calculate the average monthly number of working hours using the formula:

Average monthly number of working hours = Annual number of working hours according to the calendar: 12

Thus, in 2013, the average monthly number of working hours will be:

– with a 40-hour work week – 164.2 hours;

– with a 36-hour work week – 147.7 hours;

– with a 24-hour work week – 98.3 hours.

This approach is fully consistent with the position of the Russian Ministry of Health and Social Development. If you calculate the hourly rate using the specified formula, payment for work on a weekend (holiday) will not differ regardless of the number of working hours in the month.

Situation: is it possible to make Saturday and Sunday working days with a shift work schedule and how to pay for them

Yes, you can.

In continuously operating organizations, employees can have days off on any day of the working week (Part 3 of Article 111 of the Labor Code of the Russian Federation). In this case, Saturday and Sunday will be working days for the employee. Accordingly, they need to be paid in the usual manner (single, not double).

N.Z. Kovyazina

Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia

Answer to the question:

Working time and rest time within the accounting period are regulated by the shift work schedule.

Don't miss: the main article of the month from a practical expert

How to organize work on a rotational basis: ready-made algorithm + ideal shift regulations.

The schedule must also include weekends (at least one calendar day per full calendar week). Weekly rest days can fall on any day of the week (clause of the Basic Provisions approved).

In our opinion, the fact that a rotational worker must be provided with one day a week for rest is evidenced by the Letter of the Federal Service for Labor and Employment dated 05.05.11 No. 1217-6-1 ( The text is given at the end of the answer).

At the same time, for example, in the Determination of the Supreme Court of the Komi Republic dated May 21, 2012 No. 33-1573AP/2012 ( the text is given at the end of the answer) the following conclusion was made:
“When working on a rotational basis, the total working time for the accounting period provided for by the shift work schedule should not exceed the normal number of working hours established by the Labor Code of the Russian Federation; the duration of daily work (shift) should not exceed 12 hours; working for two shifts in a row is prohibited (Part 5 of Article 103 of the Labor Code of the Russian Federation); the duration of daily (between shifts) rest, taking into account breaks for rest and food, can be reduced to 12 hours (clause 4.3 of the Basic Provisions); the number of days off in the current month must be at least the number of full weeks of the month (Part 1 of Article 111 and Section 4.3 of the Basic Provisions), on the basis of which days off should be provided only on average for each working week, and not necessarily during each calendar week; Weekends can fall on any day of the week (clause 4.3 of the Basic Provisions).”
This conclusion, in our opinion, indicates that during the month, days off for rotational workers must be provided without fail, but at the same time they can be provided not during each week, but in the total amount for the month.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

Letter of Rostrud dated 05.05.2011 No. 1217-6-1

On the possibility of reducing the duration of weekly rest on a rotational basis to 24 hours.

FEDERAL SERVICE FOR LABOR AND EMPLOYMENT

The Legal Department of the Federal Service for Labor and Employment reviewed the letter. We report the following.

In accordance with Art. 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours.

When recording working hours in aggregate, the duration of weekly continuous rest may be reduced in individual weeks compared to that established in this article. However, on average for the accounting period this norm must be met.

In accordance with Art. 300 of the Labor Code of the Russian Federation, with a shift work method, a summarized accounting of working time is established for a month, quarter or other longer period, but not more than for one year.

In accordance with clause 4.3 of the Basic Provisions on the shift method of organizing work, approved by the Decree 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, valid insofar as it does not contradict the Labor Code of the Russian Federation, the duration of the daily (between shifts) ) workers' rest, taking into account lunch breaks, can be reduced to 12 hours. The hours of daily (between shifts) rest that are underused in this case, as well as the days of weekly rest, are summed up and provided in the form of additional days off from work (days of inter-shift rest) during the accounting period. The number of days of weekly rest in the current month must be no less than the number of full weeks of this month. Weekly rest days can fall on any day of the week.

More details about shift method of payroll calculation you can find out in the article.

Taking into account the above, the duration of weekly rest on a rotational basis can be reduced to 24 hours.

Boss
Legal Department
A.V.ANOKHIN

Judge Vorobyova E.A. Case No. 33-1573AP/2012

DEFINITION

JUDICIAL COLLEGE FOR CIVIL CASES

OF THE SUPREME COURT OF THE KOMI REPUBLIC

as part of the presiding Ivanova N.G.,

judges Oshmankevich R.A., Tebenkova L.G.,

under secretary S.V. Koloyarova,

considered at the court hearing on May 21, 2012 the case on the appeal of N.A. Petryashova. on the decision of the Usinsk City Court of the Komi Republic dated January 27, 2012, according to which in satisfaction of the claims of Petryashova N.A. to OJSC "Komnedra" to recognize as illegal and cancel the order of disciplinary action, to recognize as illegal the order of dismissal, to involve in labor duties not stipulated by the employment contract, to change the date of dismissal and recognize the period from 08/15/2011. to 08/31/2011 included in the work experience, collection of wages for 10 hours of working time in February 2011, recognition of work experience from January 31, 2011. to 08/15/2011 continuous, payment for overtime work, overtime, days of rest between shifts, compensation for unused vacation taking into account recalculation, compensation for moral damage, recovery of legal expenses was refused.

Having heard the report of judge Ivanova N.G., the explanation of the representative of Komnedra OJSC Polyakova T.S., the judicial panel

installed:

Petryashova N.A. was in an employment relationship with Komnedra OJSC, working... in the period from January 31, 2011. until 02/15/2011, on the basis of a fixed-term employment contract No.... dated 01/31/2011. From 01.03.2011 The plaintiff was accepted into OJSC Komnedra on the basis of a fixed-term employment contract No.... dated 03/01/2011. for the period of absence of the main employee of Shch. T.N.... By Order No.... of 08/15/2011. she was fired on August 15, 2011. at the initiative of the employee under clause 3, part 1, article 77 of the Labor Code of the Russian Federation on the basis of a personal application dated 08/15/2011.

Petryashova N.A. filed a lawsuit against Komnedra OJSC for reinstatement, recovery of payment for the period of forced absence, compensation for moral damage, recognition of continuous work experience, recovery of overtime pay, compensation for unused vacation, taking into account recalculation, wages for August, February 2011 year, allowances for shift work. In addition, during the period of work of the plaintiff from January 31, 2011. the defendant did not pay an allowance for shift work, wages were not paid for 5 hours of working time in August 2011, 10 hours of working time in February 2011, no payment was made for overtime work, no compensation was paid for unused vacation, taking into account additional days for harmful working conditions that the plaintiff asked to recover from the defendant. She also asked to recognize the length of service from January 31, 2011. to 08/15/2011 continuous, to recover compensation for moral damage in the amount of... rubles, compensation for moral damage. Subsequently, the plaintiff asked to recover from the defendant payment for the time off provided as a result of overtime according to the established schedule for the period from 01.02.2011. to 08/31/2011, based on parts 3 and 4 of Article 301 of the Labor Code of the Russian Federation, as well as payment for unprovided time off for the period from 08/15/2011. until 08/31/2011, legal expenses for travel to court hearings and attorney fees in the amount of... rubles.

From claims regarding reinstatement at work, collection of payment for the period of forced absence from Petryashova N.A. refused and asked to terminate the proceedings in this part. By the ruling of the Usinsk City Court of the Republic of Kazakhstan dated October 21, 2011. Petryashova N.A.’s claim was waived. to OJSC Komnedra for reinstatement at work, recovery of payment for the period of forced absence, the proceedings in this civil case in this part were terminated.

On the remaining stated claims Petryashova N.A. insisted, specifying for all the stated requirements the period from which all funds should be recalculated and collected from the defendant - from 03/01/2011, in connection with the stated petition of the defendant’s representative at the court hearing to apply to the plaintiff’s claims the missed deadline for filing a lawsuit provided for Article 392 of the Labor Code of the Russian Federation.

At the last court hearing, plaintiff Petryashova N.A. did not appear, submitted a statement to the court with a request to consider the case in her absence, in a written statement dated October 27, 2011. clarified and increased the claims made in the case, asked to declare illegal and cancel the order of disciplinary action No.... dated 08/11/2011; recognize the procedure for the dismissal of the plaintiff as a financially responsible person as illegally violated, in connection with coercion to dismiss; recognize the involvement of a cleaning woman in production workshops as illegal and not stipulated by an employment contract; change the date of dismissal to 08/31/2011; recognize the period from 08/15/2011 to 08/31/2011 included in the work experience; collect wages for 10 hours of working time in February 2011; overtime pay; days of inter-shift rest; recover underpaid compensation for unused vacation, taking into account recalculation; compensation for moral damage; court expenses. Refused the previously stated demands for the collection of an allowance for shift work, wages for 5 hours of working time in August 2011, compensation for unused vacation, taking into account an additional 6 days of vacation for work associated with hazardous working conditions, with the termination of the proceedings.

Representative of the defendant OJSC Komnedra in satisfying all claims of the plaintiff for the period from 03/01/2011. on the day of the plaintiff’s dismissal, he asked to refuse, providing the court with written, motivated reviews on all stated and clarified claims of the plaintiff. He also filed a petition for the plaintiff to miss the deadline for going to court for resolution of an individual labor dispute, provided for in Article 392 of the Labor Code of the Russian Federation, since the plaintiff missed the deadline for going to court with the demands made for the period before 01.03.2011 for unjustified reasons.

The court ruled as above.

In the appeal, the plaintiff does not agree with the decision and raises the issue of canceling the decision due to the court’s incorrect assessment of the established circumstances of the case, as well as incorrect application of the law.

After checking the case materials and discussing the arguments of the appeal, the judicial panel comes to the following conclusion.

In accordance with Art. 392 of the Labor Code of the Russian Federation, an employee has the right to go to court to resolve an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights. If, for good reason, the deadlines established by parts one and two of this article are missed, they may be restored by the court.

The court, taking into account the consent of N.A. Petryashova, granted the petition of the defendant’s representative for the plaintiff to miss the deadline provided for in Article 392 of the Labor Code of the Russian Federation for all the claims stated by the plaintiff for the period before 03/01/2011, recognizing the deadline for going to court as missed for unexcusable reasons .

As follows from the case materials, by order No.... dated 08/11/2011. OJSC "Komnedra" Petryashova N.A. was brought to disciplinary liability in the form of a reprimand for improper performance of her labor duties.

According to the order of July 13, 2011. paramedic M.V.M. An inspection of the sanitary condition of the dining room was carried out..., based on the results of the inspection, the sanitary condition was assessed as satisfactory. At the time of the inspection, he was working... Petryashova N.A. Cleaning is not done well enough; in particular, the refrigerators are in poor sanitary condition. Finished meat products are used beyond their deadlines. Petryashova N.A. the requirements for clothing were not met at the time of cooking Petryashova N.A. was without special clothing. There are comments regarding the irregularity of record keeping.

Disagreeing with the imposed penalty, Petryashova N.A. indicated that the only remark that concerned her was that she was not wearing special clothing, and the remaining points of the comments did not relate to the duties of her position....

In accordance with Article 192 of the Labor Code of the Russian Federation, the employer has the right to apply a disciplinary sanction to an employee for committing a disciplinary offense, that is, failure or improper performance by the employee through his fault of the labor duties assigned to him.

The court assessed the provisions of the employment contract concluded with the plaintiff, the tariff and qualification characteristics for the specialty..., establishing the duties assigned to her, Instruction No. 29 on labor protection for a cook, kitchen worker, the agreement concluded with her on full individual financial responsibility, and the testimony of a witness M.V.M., A.A.I., on the basis of which he came to the correct conclusion about the improper performance of N.A. Petryashova. the work responsibilities assigned to her. Having established that when issuing the order to impose on Petryashova N.A. disciplinary sanction in the form of a reprimand, the employer sufficiently took into account the severity of the offense committed, the circumstances in which it was committed, the plaintiff’s previous behavior and her attitude to work, the court rightfully recognized order No.... of 08/11/2011. OJSC "Komnedra" on the imposition on Petryashova N.A. disciplinary sanction is legal and justified, without finding grounds for its cancellation.

The plaintiff’s request to recognize her involvement as a cleaner as illegal was not accepted by the court, since the evidence presented in the case file confirmed the fact that during the period of work at Komnedra OJSC Petryashova N.A. performed only labor duties..., and was not involved in the performance of duties for cleaning production workshops, storage areas not related to the dining room, as well as bathrooms (shower, toilet), and in fact never performed this work.

The refusal to satisfy the plaintiff’s request to recognize the procedure for her dismissal as a materially responsible person as illegally violated must also be recognized as justified, since in case of dismissal at her own request, the presence or absence of the status of a financially responsible person does not entail, in accordance with the law, any special requirements for the procedure for dismissal .

The court's conclusion that there are no grounds to satisfy the request to change the date of dismissal to 08/31/2011, recognizing the period from 08/15/2011. to 08/31/2011 included in the length of service, recovery of payment for unprovided time off from 08/15/2011. to 08/31/2011, payment for days of inter-shift rest for the period from 03/01/2011. until 08/31/2011, overtime, overtime payments from 03/01/2011. to 08/15/2011, must also be recognized as correct.

In accordance with Part 1 of Article 80 of the Labor Code of the Russian Federation, a two-week period is established for warning the employer about the upcoming termination of the employment contract. Dismissal before the expiration of a two-week period is also possible by agreement between the employee and the employer, which can be formalized by an application from the employee and a subsequent resolution of the employer (Part 2 of Article 80 of the Labor Code of the Russian Federation).

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 “On approval of the Basic Provisions on the Shift Method of Organization of Work” stipulates that for an employee who quits before the end of the accounting period, the date of dismissal with his consent may be indicated taking into account the due days of rest between shifts (clause 4.3). Since an agreement was reached between the employee and the employer on the date of dismissal, the plaintiff did not express a desire to take advantage of the days of inter-shift rest due to full work of time according to the schedule, she was correctly dismissed from the date specified in her resignation letter of her own free will dated 08/15/2011.

The plaintiff's demands to recover from the defendant payment for the time off provided for periods of inter-shift rest from 04/16/2011 to 04/30/2011; from 05/16/2011 to 05/31/2011; from 06/16/2011 to 06/30/2011; from 07/16/2011 to 07/31/2011, overtime, overtime from 03/01/2011. on 08/15/2011, the court correctly recognized as unfounded, since Petryashova N.A. a summarized recording of working time was established with an accounting period of one year with an established monthly work schedule.

According to Art. 297 of the Labor Code of the Russian Federation, clause 1.1 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 “On approval of the Basic Provisions on the shift method of organizing work”, the shift method is a special form of carrying out the labor process out of place permanent residence of workers, when the daily return of workers to their place of permanent residence cannot be ensured.

According to Art. 299 of the Labor Code of the Russian Federation, a shift is considered to be the total period, including the time of work at the site and the time of rest between shifts. The duration of the shift should not exceed one month.

Article 300 of the Labor Code of the Russian Federation and clause 4.1. of the specified Resolution, when working on a rotational basis, a summarized accounting of working time is established for a month, quarter or other longer period, but not more than for one year. At the same time, the duration of working hours during the accounting period should not exceed the normal number of working hours established by law.

In accordance with Art. 301 of the Labor Code of the Russian Federation and clause 4.2. of the said Resolution, working time and rest time within the accounting period are regulated by the shift work schedule, which is approved by the employer and brought to the attention of employees no later than two months before it comes into force. The duration of daily work (shift) should not exceed 12 hours.

According to part one of Article 99 of the Labor Code of the Russian Federation, overtime work in the cumulative recording of working time is work performed by an employee at the initiative of the employer in excess of the normal number of working hours for the accounting period.

When working on a rotational basis, the total working time for the accounting period provided for by the shift work schedule should not exceed the normal number of working hours established by the Labor Code; the duration of daily work (shift) should not exceed 12 hours; work for two shifts in a row is prohibited (part 5 of article 103 of the Labor Code); the duration of daily (between shifts) rest, taking into account breaks for rest and food, can be reduced to 12 hours (clause 4.3 of the Basic Provisions on the Shift Method of Work Organization); the number of days off in the current month must be at least the number of full weeks of this month (part 1 of article 111 and clause 4.3 of the Basic Provisions), on the basis of which days off should be provided only on average for each working week, and not necessarily during every calendar week; Weekends can fall on any day of the week (clause 4.3 of the Basic Provisions).

If the overtime occurred in excess of the working hours provided for by this schedule, and in the absence of a schedule, in excess of the restrictions established by the laws specified above, then it will be considered overtime work.

In particular, overtime will be work that is performed:

Exceeding the duration of daily work (shift) provided for by the shift work schedule;

Within the duration of daily work (shift) provided for by the shift work schedule, but in excess of the maximum duration of such work (shift) established by law;

Exceeding the normal number of hours worked during an accounting period.

From the above-mentioned features of recording working time with a rotational method of organizing work, it follows that Petryashova N.A., who worked according to the established schedule and did not fully work out the accounting period, was not involved in overtime work by the employer.

At the same time, the judicial panel considers it necessary, in the interests of legality, to go beyond the grounds stated by N.A. Petryashova. requirements in terms of her demand for payment as overtime for days worked from 03/15/2011 to 03/31/2011 during the period of inter-shift rest due to her according to the schedule.

The Labor Code of the Russian Federation does not consider inter-shift rest as a separate type of rest time (Article 107).

Inter-shift rest is actually the summed time of daily and weekly rest (unused and accumulated during the shift period), which, due to the specifics of this type of work, is provided after the shift period.

Despite the fact that work on these days, for the reasons stated above, cannot be paid as overtime, in fact during this period there was overtime for an employee working on a rotational basis, which, if he works during the period of rest between shifts, is paid according to the rules of Art. 153 Labor Code of the Russian Federation.

By virtue of Art. 153 of the Labor Code of the Russian Federation, work on a day off or a non-working holiday is paid at least double the amount:

for piece workers - no less than double piece rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.

At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

Since, in connection with the dismissal of Petryashova N.A. she was not given other days of rest, the indicated days should be paid to her in double amount, but were paid in single amount, and therefore the difference in payment must be recovered in her favor, which amounts to ... rubles .... kopecks. (...).

In addition, the court, refusing to satisfy the request for the collection of payment for overtime working hours within the limits of the work schedule on the shift provided for by Part. 3, 4 tbsp. 301 of the Labor Code of the Russian Federation, indicated that the periods of inter-shift rest for Petryashova N.A. were not time off for overtime, since the accumulated hours of overtime are provided to the employee in addition to the main days off (days between shifts), and payment for the hours actually worked by the plaintiff for the disputed period of time was made by the defendant on the basis of time sheets, which is confirmed by pay slips payment for the period from March 2011 to August 2011

However, these circumstances did not prevent the court from determining how many days of inter-shift rest should have been additionally provided to the plaintiff in connection with the processing of working hours in excess of the normal length of the working week established by Art. 91 Labor Code of the Russian Federation.

According to Art. 301 of the Labor Code of the Russian Federation, working time and rest time within the accounting period are regulated by the shift work schedule, which 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, and is brought to the attention of employees not later than two months before its entry into force.

The specified schedule provides for the time required to transport workers to and from their shifts. Days spent traveling to and from work are not included in working hours and may fall on inter-shift rest days.

Part 3 of Art. 301 of the Labor Code of the Russian Federation stipulates that each day of rest in connection with overtime working within the work schedule on a shift (day of inter-shift rest) is paid in the amount of the daily tariff rate, daily rate (part of the salary (official salary) for the day of work), if more high pay is not established by a collective agreement, local regulation or employment contract.

In accordance with part 4 of Art. 301 of the Labor Code of the Russian Federation, hours of overtime working within the work schedule on a shift, not multiples of a whole working day, can accumulate over the course of a calendar year and be summed up to whole working days with the subsequent provision of additional days of inter-shift rest.

From the case materials it follows that the plaintiff’s work schedule was designed in such a way that she had weekly overtime in excess of the established normal working hours of 36 hours per week. Excessive hours of work on a shift must be summed up and form the basis for calculating additional days of inter-shift leave based on daily working hours, paid at the daily rate.

Moreover, in accordance with 5.4. Basic provisions on the shift method of organizing work, approved by Decree of the State Committee for Labor of the USSR dated December 31, 1987 N 794/33-82, days of rest (time off) in connection with work beyond the normal working hours in the accounting period within the work schedule on a shift are paid in the amount of the tariff rates, salary (without applying regional coefficients, coefficients for work in high mountainous areas, desert and waterless areas, as well as bonuses for work in the Far North and equivalent areas and in areas where bonuses are paid in the manner and amount prescribed by the Resolution Central Committee of the CPSU, Council of Ministers of the USSR and All-Union Central Council of Trade Unions dated April 6, 1972 N 255), received by employees on the day of rest (time off).

Hours of overtime that are not multiples of whole working days can be accumulated over the course of a calendar year up to whole working days, followed by the provision of paid days of rest between shifts. In case of dismissal of an employee or expiration of the calendar year, the specified hours are paid based on the tariff rate (salary).

The defendant’s arguments in objections to the appeal that the specified paragraph of the Basic Provisions contradicts the norms of the Labor Code of the Russian Federation, and therefore cannot be applied to an employee who quit before the expiration of the calendar year, is not based on the law, since the provisions of Part. 3 and 4 tbsp. 301 of the Labor Code provides for the payment of overtime hours within the work schedule on a shift, and only in the case when the number of these hours is less than a whole working day, is it possible to accumulate them with the provision of additional days of rest between shifts.

Under such circumstances, the court decision regarding the refusal to pay for days of additional inter-shift rest cannot be recognized as legal and is subject to cancellation with a new decision on recovery in favor of N.A. Petryashova. payment for the specified overtime hours, the number of which is, according to the calculation presented by the defendant at the meeting of the judicial panel, 150.8 hours, in the amount of... rubles... kopecks. (tariff rate on the day of dismissal...*150.8 hours).

The plaintiff’s demand for underpayment by the defendant of compensation for unused vacation days upon dismissal due to incorrect application of the provisions of the Regulation “On the Peculiarities of the Procedure for Calculating Average Wages,” approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, was correctly recognized by the court as unfounded, agreeing with the calculation, represented by the defendant. The arguments of the appeal about the inconsistency of the court decision in this part with the requirements of regulatory acts are subject to rejection as contrary to the circumstances of the case established by the court and the norms of substantive law governing the disputed legal relations.

However, taking into account that this calculation does not provide for the amounts of payment established by this definition for overtime in the period from 03/15/2011 to 03/31/2011, taking into account which it is necessary to recalculate, the judicial panel considers it necessary to recover underpayment of compensation for days of unused vacation upon dismissal in the amount... rub.... kopecks.

Taking into account the violations of the plaintiff’s labor rights by the defendant established in the said definition, there are grounds for satisfying derivative claims for compensation for moral damage in the manner provided for in Article 237 of the Labor Code of the Russian Federation, as well as for the recovery of legal costs in the manner provided for in Articles 98, 100 Code of Civil Procedure of the Russian Federation.

The amount of compensation for moral damage is determined by the judicial panel based on the specific circumstances of the case, taking into account the volume and nature of moral or physical suffering caused to the employee, the degree of guilt of the employer, the requirements of reasonableness and fairness in the amount of... rubles. Legal costs are subject to recovery in full in accordance with the documents presented by the plaintiff in the amount of... rubles.

In accordance with Art. 103 of the Code of Civil Procedure of the Russian Federation, a state fee is subject to recovery from the defendant, from which the plaintiff was exempted, in proportion to the satisfied part of the claims.

Guided by Article 328 of the Civil Procedure Code of the Russian Federation, the judicial panel

determined:

Decision of the Usinsk City Court of the Komi Republic dated January 27, 2012 regarding the refusal to satisfy the claims of Petryashova N.A. to OJSC Komnedra for the recovery of wages for overtime from March 15, 2011 to March 31, 2011, compensation for additional days of inter-shift rest, compensation for unused vacation taking into account recalculation, compensation for moral damage, recovery of legal expenses, cancel, accept there is a new decision on the case in this part.

To recover from OJSC Komnedra in favor of Petryashova N.A. wages for work on weekends from 03/15/2011 to 03/31/2011 in the amount of... rub.... kop., compensation for unused vacation... rub.... kop., compensation for additional days of inter-shift rest in connection with overworking hours within the work schedule on shift in the amount of... rub.... kop., compensation for moral damage in the amount of... rub., legal expenses in the amount of... rub., and total... rub.... kop., and the state duty for the income of the municipality of the urban district "Usinsk"... rub.... kop.

The rest of the court's decision is left unchanged, and the appeal of Petryashova N.A. without satisfaction.

Presiding -

With respect and wishes for comfortable work, Natalya Nikonova,

HR System expert

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If you pay vacation pay a day late, the company will be fined 50,000 rubles. Reduce the notice period for layoffs by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.

Commentary on Article 301

1. The work and rest schedule referred to in the title of Art. 301 of the Labor Code, is a regime of working time and rest time according to the terminology of Art. 100.

The features of this regime during a rotational shift (given the special nature of the work) are regulated not only by Art. 301, but also by subordinate regulatory legal acts in the manner established by the Government of the Russian Federation (Part 2 of Article 100 of the Labor Code).

Currently, such a special act remains the Basic Provisions, which resolve a number of issues (see comment below) that are not reflected in Chapter. 47.

2. The shift work schedule is the main local document regulating working time and rest time within the accounting period. Therefore, when approving it, the legislator requires that the opinion of the employee representative - the body of the primary trade union organization - be taken into account in the manner established by Art. 372 for the adoption of local regulations.

Change in Part 1 of Art. 301 of the Labor Code eliminated the previously existing discrepancy between Art. Art. 301, 297 and 372, with one exception: the last two articles talk about an elected body, and Art. 301 TK - just about the organ. I believe that there is an error in legislative technique here and we must proceed from Art. Art. 297 and 372 of the Labor Code, taking into account the opinion of the elected body of the primary trade union organization.

In the absence of such a body, the employer has the right to approve the shift work schedule independently.

3. The issue of shift work schedules (especially if they have already been established) can be resolved not by a special separate document, but in the regulations on the shift method - a local regulatory act (see commentary to Part 3 of Article 297 of the Labor Code).

4. Taking into account Art. Art. 300 and 301 ch. 47, general norms of the Labor Code (concentrated mainly in sections IV and V) and the corresponding norms of the Basic Provisions when establishing working hours and rest time when working on a rotational basis, one must be guided, in particular, by the following:

The total duration of working hours for the accounting period, provided for by the shift work schedule, should not exceed the normal number of working hours established by the Labor Code (for their calculation, see Article 300 of the Labor Code);

The duration of daily work (shift) should not exceed 12 hours (clause 4.2 of the Basic Provisions);

Working for two shifts in a row is prohibited (Part 5 of Article 103 of the Labor Code);

The duration of daily (between shifts) rest, taking into account breaks for rest and food, can be reduced to 12 hours (clause 4.3 of the Basic Provisions); on inter-shift rest, see also Art. 299 TK;

The number of days off in the current month must be no less than the number of full weeks of this month (Part 1 of Article 111 and Clause 4.3 of the Basic Provisions), on the basis of which days off should be provided only on average for each working week, and not necessarily during every calendar week;

Weekends can fall on any day of the week (clause 4.3 of the Basic Provisions).

5. If shift schedules are brought to the attention of employees no later than one month before they come into force (Part 4 of Article 103 of the Labor Code), then the shift schedule is no later than two months, as is expressly stated in Part. 1 tbsp. 301 TK.

6. In accordance with clause 4.2 of the Basic Provisions, the shift work schedule is approved, as a rule, for a year, regardless of the duration of the period of summarized recording of working hours.

7. During work on a shift, the duration of the working day (shift) can be changed by schedule, for example, reduced by 2 - 3 hours in the initial period to relieve fatigue caused by flight (moving), or to reduce the time required for the transition to intensive, highly productive work in new natural and climatic conditions conditions.

In practice, shift work schedules are also used, which provide for a decrease in the length of the working day (shift) at the beginning and end of the week and an increase in the middle of the week.

Reducing the length of the working day (shift) is also possible in order to compensate for the existing overtime.

8. Shift work schedules can be either common for employees of the entire organization or its individual divisions, or individual.

The latter (individual), for example, are used in practice to take into account the specifics of work related to ensuring:

Continuity of leading engineering, technical and managerial personnel by reflecting in the schedule the appropriate time for acceptance and transfer of volumes of work and affairs by heads of structural divisions and foremen (foremen);

Preservation of material assets by allocating time reserves in the schedule for the transfer of values;

Transfer of appropriate vehicles, devices, mechanisms and units by combining schedules (usually daily) for machine operators and drivers of various shifts;

Compliance with the rules governing the duration of shifts and the use of summarized recording of working hours in case of actual deviations from the general (usual) work schedule on a shift, for example, when an employee falls ill and is taken out for treatment before the end of the shift or overtime work, compensated by additional days of rest in accordance with Art. . 152 TK.

9. In case of incomplete work time in the accounting period or on a shift (due to illness, being on vacation, being involved in the performance of state or public duties, etc.), working hours according to the calendar falling on the days of absence from work are deducted from the norms established by the schedule. work (clause 4.5 of the Basic Provisions).

10. Specific shift work schedules, still used in practice in construction, the oil and gas industry, and geology, can be found in the book: Krivoy V.I. Shift method: legal issues. M., 1989.

11. Beginning of the wording of Part 2 of Art. 301 of the Labor Code (“the specified schedule provides for time”) is unfortunate, because it creates the impression that only this time should be indicated in the shift work schedule. Meanwhile, the schedule contains a significant number of other characteristics of working time and rest time: shift duration, weekly rest, etc. (see comment above).

12. “The time required to deliver workers to the shift and back,” which is referred to in the first sentence of Part 2 of Art. 301 of the Labor Code, is determined in the shift work schedule, taking into account the schedule of the relevant modes of transport.

The specified time is named in the second sentence of Part 2 of Art. 301 of the Labor Code “days spent on the way to the place of work and back”, in Part 1 of Art. 302 of the Labor Code - “days of travel from the location of the employer (collection point) to the place of work and back,” and in Part 8 of Art. 302 - “every day of travel from the employer’s location (collection point) to the place of work and back.” Such “discord” requires appropriate changes to be made to the listed norms.

The legal essence of these formulations is the same, but the most accurate is the formulation contained in Part 1 of Art. 302 TK. It should be used in local rule-making, for example, when developing and approving a regulation on the rotation method for a specific employer.

13. Although days on the way to and from work are not included in working hours (second sentence of Part 2 of Article 301 of the Labor Code), for these days the shift worker is paid a special bonus for working on a rotational basis and the daily tariff rate, part of the salary (official salary ) per day of work (daily rate) in accordance with part 1 and 8 of Art. 302 (see commentary to it).

14. New editions of Parts 3 and 4 of Art. 301 of the Labor Code for the first time legalized the category of “inter-shift rest” at the Labor Code level. In accordance with them, inter-shift rest is additional days of rest (in practice they are often called time off) for overworking working hours within the work schedule on a shift, provided within the accounting period according to a special calculation.

In other words, inter-shift rest is a kind of leave, provided, as a rule, not annually, but several times a year (depending on the number of accounting periods in it) for overworked working hours according to the shift work schedule in each summarized accounting period. The specificity of this leave is also in its payment - not according to average earnings as established for ordinary leaves, but in the amount of the daily tariff rate, daily rate (part of the salary (official salary) for a day of work).

This type of rest is one of the features of the legal regulation of labor under the rotation method, which has the right to life, despite the fact that it (rest between shifts) is not mentioned in Art. 107 TK.

15. In contrast to clause 4.3 of the Basic Provisions in Part 3 of Art. 301 of the Labor Code provides for the summation of not underutilized rest time on shift (daily or between shifts, as well as weekly), but the hours of overworked working time, which are subsequently used to calculate the duration of inter-shift rest.

16. In accordance with Part 3 of Art. 301 of the Labor Code, only hours of overtime within the work schedule on shift are subject to compensation for days of inter-shift rest.

If the overtime occurred beyond the working hours provided for by this schedule, then it will be overtime work.

17. The number of additional days of rest (rest between shifts) is determined by dividing the total number of overtime hours by 8 hours (the normal length of a working day for a five-day working week of 40 hours).

With a reduced working week (less than 40 hours), the division is made not by 8 hours, but by the number of hours obtained by dividing the established duration of the shortened working week by 5 days.

For example, with the same number of overtime hours (assuming 81 hours), a shift worker with a 40-hour work week should be given 10 full additional days of inter-shift rest (81 hours: 8 hours), and with a 36-hour week - 11 days, calculating 81 hours: (36 hours: 5 days).

This calculation, in principle, coincides with the calculation regulated in paragraph. 1 clause 5.4 of the Basic Provisions, with the exception of the division of the general rule into 7 hours. The latter (should be divided by 8 hours instead) does not correspond to that provided for in Art. 91 of the Labor Code of the Russian Federation for a normal working week of 40 hours (and the corresponding normal working day or shift of 8 hours) and was declared illegal (invalid) and ineffective by the decision of the Supreme Court of the Russian Federation of July 4, 2003 N GKPI2002-398.

18. If this division results in a remainder (in our examples 1 hour and 1.8 hours), then these overtime hours, which are not multiples of whole working days (usual 8 hours or shortened), should not be discarded, but accumulated during the calendar year until whole working days, followed by the provision of additional days of inter-shift rest.

In case of dismissal of an employee or expiration of the calendar year, the specified hours are paid based on the daily tariff rate, daily rate (part of the salary (official salary) for the day of work).

This approach is provided for in clause 5.4 of the Basic Provisions, which should be applied taking into account the changes in part 4 of Art. 301 TK.

19. Based on Part 2 of Art. 300 of the Labor Code and clause 4.3 of the Basic Provisions, inter-shift rest should be provided, firstly, within the accounting period, and secondly, not in rotational camps, but at the place of residence.

20. Clause 7.1 of the Basic Provisions stipulates that annual leave should be granted to shift workers after they have taken inter-shift rest.

If the end of an employee’s annual leave falls on the inter-shift rest days of the team in which he works, then the employee, before the start of his shift in accordance with clause 7.1 of the Basic Provisions, may:

Transferred due to production necessity in order to prevent downtime that arose for organizational reasons, to another job according to the rules of Art. 72.2 TK;

Moved to another shift shift (another structural unit) in accordance with Part 3 of Art. 72.1 TK.

By agreement between the employee and the employer, leave without pay may also be granted.

21. Days of inter-shift rest are included in the length of service, which gives the right to annual basic and additional leave, including leave for work in harmful and (or) dangerous working conditions (clause 7.1 of the Basic Provisions).

22. For shift workers resigning before the expiration of the accounting period, the date of dismissal (with their consent) may be indicated taking into account the due days of rest between shifts (clause 4.3 of the Basic Provisions).

If the employee simultaneously has the right to unused annual leave, then he can receive it in kind with subsequent dismissal (see Article 127 of the Labor Code) after the end of the inter-shift rest period. In this case, the date of dismissal will be the last day of vacation.

23. The daily wage rate, the daily wage (part of the salary (official salary)) to pay for days of rest between shifts is taken without the use of regional coefficients and allowances for work in the Far North and equivalent areas (clause 5.4 of the Basic Provisions).

24. In part 3 of Art. 301 of the Labor Code regulates that payment for inter-shift rest is made in the amount of the daily wage rate, daily wage (part of the salary (official salary)) per day of work, unless a higher payment is established by a collective agreement, local regulation or employment contract.

Such higher payment may, for example, be expressed in payment for days of rest between shifts, based on average earnings.

A reduction in the amount of payment compared to that provided for in Part 3 of Art. 301 is unacceptable (even if the employee agrees with this or such a condition is included in the collective agreement), because it will worsen the situation (reduce the level of rights and guarantees) of workers in comparison with the Labor Code and should not be applied (see Part 4 of Article 8 and part 2 of article 9).

25. In accordance with sub. "g" clause 4 of the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of April 11, 2003 N 213, when calculating average earnings, time is excluded from the calculation period, as well as amounts accrued during this time, if the employee was given days rest (time off) in connection with work beyond the normal working hours on a rotational basis. In other words, according to the terminology of Art. 301, the time (days) of inter-shift rest and payment for it in the amount of the daily tariff rate, daily rate (part of the salary (official salary) for the day of work) are subject to exception.

26. Overtime beyond the normal working hours on shift can also take the form of overtime work, which, in accordance with Part 1 of Art. 99 recognizes work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

Despite all the failure of the new edition of Part 1 of Art. 99, taking into account the general meaning of sections IV and V of the Labor Code on working time and rest time, as well as the doctrine of the science of labor law, with the summarized accounting of working time applied under the conditions of a rotational method, overtime will be work that is performed:

Exceeding the duration of daily work (shift) provided for by the shift work schedule;

Within the duration of daily work (shift) provided for by the shift work schedule, but in excess of the maximum duration of such work (shift) established by law (for example, over 12 hours - see paragraph 4 of the commentary to this article above);

In excess of the normal number of working hours for the accounting period (for the procedure for its calculation, see the commentary to Article 300 of the Labor Code).

27. The reasons that led to the need for overtime work can be very different. With the rotation method, the most common of them is the non-arrival of shift personnel.

28. Engagement in overtime work is carried out according to different rules (obtaining the written consent of the employee, etc. - see Article 99 of the Labor Code) than engagement in work within the work schedule on a shift.

29. Payment for days of inter-shift rest in the amount of the tariff rate (salary) provided for in part 3 and 4 of Art. 301 of the Labor Code, is carried out only if these days are provided in the form of compensation for overtime within the accounting period in accordance with the shift work schedule drawn up in accordance with the law.

If during the shift period there was involvement in overtime work, then it must be compensated according to the rules of Art. 152 (time and a half and double payment and in other forms).

30. In the event of temporary disability occurring during the period of inter-shift rest, temporary disability benefits are not issued.

If it continues after the end of the specified period, then the benefit is issued from the day on which the employee was supposed to start work. In this case, the amount of the benefit is determined based on the number of working hours according to the shift work schedule (drawn up in accordance with the rules provided for in Articles 300 and 301 of the Labor Code) missed due to temporary disability (see clause 7.5 of the Basic Provisions).

For example, if an employee missed three 10-hour working days due to temporary disability, then the benefit should be paid to him for 30 working hours (10 hours x 3 days), and not for 24 hours, as would be the case under the usual work schedule from 8 - an hourly working day and a five-day 40-hour working week.

31. Based on clause 2 of the Conditions and procedure for remuneration of medical and pharmaceutical workers serving workers and employees transferred to the rotation method of organizing work, approved by the Resolution of the State Committee of Labor of the USSR and the All-Union Central Council of Trade Unions of November 6, 1986 N 470/26-88a, working hours time and rest time for the specified medical and pharmaceutical workers in each specific case is determined taking into account the specifics of production and in accordance with the standards provided for shift workers, i.e. Ch. 47 Labor Code and Basic Provisions.

Clause 6 of the same normative legal act provides that days of inter-shift rest in connection with work beyond the normal working hours in the accounting period are paid based on the official salary received on the day of this rest and the duration of the working day established by law.