Not a single person will be able to effectively carry out labor activities if he is not given time for rest (on holidays and weekends, between shifts, and also during the holidays). Daily rest is one of the types of rest that allows an employee to regain his strength after work. The duration of inter-shift rest is determined by working conditions, legislation and the scope of work.
Every worker has the right to receive this type of rest, and employers are required to provide it, that is, release the employee of the organization for some time from the performance of labor duties. During this period between work shifts, the worker is completely left to his own devices and can completely freely manage his personal time.
So, what does the concept of rest between work shifts include, what is the duration of a daily shift between shifts and what does it depend on, what rights and obligations do employers and employees of organizations acquire in this connection?
Definition and essence of inter-shift rest
The meaning of the daily rest between work shifts can be understood from the name - it is the rest provided every day between work shifts of a worker. It begins at the end of the work shift on the first working day and ends at the time the labor activity begins on another working day.
This type of vacation is as important as lunch breaks, weekends, vacations, holidays. All of these varieties in the aggregate are necessary to ensure the effectiveness of labor activity.
According to Art. 212 of the Labor Code of the Russian Federation, the duration of the daily inter-shift rest is mandatory determined by law. This schedule must be observed by every employer. Matters related to inter-shift leisure are resolved through collective, industry and professional agreements, sometimes directly in employment contracts.
Relevance
People do not always adhere to the letter of the law in full, but in the case of inter-shift rest this is unjustified. This type of rest affects the further quality of the labor process, allowing you to restore strength after a hard working day. For example, for drivers, the daily shift between shifts cannot be less significant than all other types of rest, since it is to this extent that it ensures the safety of other people and reduces the likelihood of getting into an accident.
The right to rest is established by the Constitution of the Russian Federation and the Labor Code. Allowed free time, each person can spend at their discretion. Rest is designed so that the worker can recover physically and mentally, engage in self-improvement, pay attention to interests and hobbies.
If the break is too short, the employee will not be able to fully relax. Only a sufficiently long period of inter-shift rest is able to ensure the quality of work and a comfortable psychological climate in the team.
Duration of daily rest
According to the Labor Code of the Russian Federation, the duration of the daily inter-shift rest should be twice the amount of time worked. If an employee is involved in additional overtime work, then in this case he has every right to rest for the same time that he spent on work.In any case, the employee is guaranteed the provision of inter-shift rest, the duration of which must be no less than the number of hours already worked.
The duration of the working week cannot be higher than 40 hours. Accordingly, if the enterprise has two days off and five working days a week, one labor shift should last no more than eight hours. After working out a predetermined time, each employee receives the right to a daily rest of sixteen hours. The daily inter-shift rest is calculated similarly with a shorter working week.
If the working day is 12 hours, the duration of rest between shifts should be at least one day (24 hours).
If this is required by the organization of the production process, daily rest can be divided into several parts within one day. However, the total duration of rest must still comply with legislative standards. One of the rest periods used for a good sleep should be at least 8 hours.
Lunch breaks
From time to time, employees are required to provide breaks for rest and meals at standard working hours. The time spent for lunch should be included in the daily shift between shifts, it is not part of the working time.
The break can last from half an hour to two hours. The lunch break is regulated by the norms of individual enterprises. The worker can use this break as he pleases. If desired, he is allowed to leave his place of work.
A lunch break is provided four hours after the start of work. Its duration is prescribed by the internal regulations.
In some organizations, production conditions do not allow a strict distribution of break time. In such a situation, the employee should still be able to eat food during working hours.
Workers in part-time organizations may not use lunch breaks. This is allowed in cases where the duration of the work shift is not more than six hours.
Overtime work
Sometimes there are times when employees are involved in overtime work, including on conditions of internal part-time work, if necessary to continue the current activities of the organization. At the same time, the duration of the working day can still not be higher than 12 hours. The daily shift between shifts during shift work in this case will also last twelve hours.
The same is true of workers with irregular working hours. The duration of rest and work will be the same and amount to twelve hours.
Engaging employees in overtime is exceptional. This is possible only in cases prescribed by law, or by an additional agreement between the employee and the organization in which the employee is provided with additional benefits, such as cash compensation, extra days off, etc. However, in any case, the employee has the right to rest for at least 12 hours.
Daily duty
People performing round-the-clock shifts, that is, working full 24 hours, also have the right to a daily shift between shifts, the duration of which should be 2 work shifts, that is, at least 48 hours. In cases of exceptional nature, inter-shift rest may be reduced to 24 hours with the provision of additional benefits.
Shift work
Some people are forced to work on a rotational basis, that is, they do not have the opportunity every day to return to their place of permanent residence.In this case, they usually work out for several weeks without days off, and then rest for a period of time, which includes all the accumulated hours of inter-shift rest and days off.
If the employee’s labor activity is carried out on a rotational basis, then the daily inter-shift rest may be reduced to half of the 24-hour day. Subsequently, all unused hours of inter-shift rest are summed up with the addition of days off and are provided as additional rest days between shifts. Moreover, the number of days off cannot be less than the number of full weeks of the current month. Weekends can be on any day of the month.
Drivers rest
Article 329 of the Labor Code of the Russian Federation determines the duration of daily inter-shift rest of drivers. Additionally, the calculation features are regulated by a special Regulation, which is acting on the basis of the order of the Ministry of Transport of Russia.
The duration of rest of drivers between work shifts should be twice the time spent driving. Food breaks are also included in inter-shift periods. For example, if the driver spent eight hours on the road, then he has every right to rest for sixteen hours.
However, if the driver does not have a permanent job, then the employer can use the method of adding up time worked. In this case, the duration of rest between work shifts should not be less than twelve hours.
Suburban and intercity flights
For those drivers who work in the suburbs or are engaged in regular transportation around the city, the duration of inter-shift rest can be reduced to 9 hours. But in this case, the amount of time worked should be taken into account in order to subsequently provide the employee with additional days off. If the driver himself feels tired of such a busy work schedule, the employer must provide him with inter-shift rest for at least two days.
A long-distance shift driver has the right to rest for at least 11 hours. Three times a week, the daily shift between drivers can be limited to nine hours, followed by the provision of additional days off.
Employer Responsibility
For each employee of the organization, daily inter-shift rest is important; the Labor Code of the Russian Federation obliges each employer to provide it in accordance with legislative norms. The rules of the Labor Code must be observed by every employer. If the organization uses hired drivers, it must also adhere to the Federal Law "On Road Traffic Safety".
In case of non-compliance with the standards, an organization may be fined in the form of a fine in the amount of three to forty thousand rubles. Violation of the regimes of rest and work leads to a violation of the requirements prescribed in the license for the organization to carry out specific activities.
Conclusion
Thus, in accordance with the legislation, the duration of the inter-shift rest cannot be less than the duration of the worked time, even in exceptional cases, and in the usual mode of operation, it is twice the number of hours spent at work.
There are situations when an employee is involved in working off additional hours in addition to the work schedule. In this case, an agreement must be drawn up for the period of such additional work, according to which the employee will receive additional benefits and benefits. Such an agreement follows the principle of dispositivity and can only be canceled at the request of the parties. Legislation does not limit the conclusion of such agreements.
When drawing up a work schedule, the employer must follow the legislative standards and give employees the opportunity to fully relax, giving them daily inter-shift rest.Only in this case will he be able to achieve effective labor activity of employees and avoid responsibility for the overuse of workers in the enterprise.