What is the working time for a shift work schedule? Are there any restrictions on the duration of a shift and the frequency of shifts?
Article 77 of the Labor Code of the Republic of Kazakhstan establishes that normal working hours should not exceed 40 hours per week. By agreement of the parties, shorter (but not longer) working hours may be provided for than normal.
According to Article 84 of the Labor Code, shift work may be established in cases where the duration of the production process or the mode of production activity of the employer exceeds the standard duration of daily work. An example may be the work of a night watchman, under the terms of which the normal weekly duration of working hours usually cannot be observed. In this case, in accordance with Article 86 of the Labor Code, the employer applies a summarized accounting of working hours. In this case, the employer establishes an accounting period (no more than one year), within which the average limitations on the duration of working hours must be observed. You can find out the accounting period for which working hours are recorded in the HR department of the enterprise.
It should also be taken into account that, according to Article 95 of the Labor Code, the duration of the employee’s daily (intershift) rest between the end of work and its beginning on the next day (work shift) cannot be less than 12 hours.
Thus, the employer must establish a shift work schedule so that:
- the average duration of working hours during the accounting period did not exceed the normal number of working hours for this period (40 hours);
- the duration of rest between shifts is not less than 12 hours.
Exceeding the established working hours is illegal and threatens the employer with administrative liability.