What are the working hours for shift work? Are there any restrictions on the duration of the shift and the frequency of shifts?
Article 77 of the Labor Code of the Republic of Kazakhstan establishes that the normal working hours should not exceed 40 hours per week. By agreement of the parties, a shorter (but not longer) working time may be provided.
According to Article 84 of the Labor Code, shift work can be established in cases where the duration of the production process or the mode of production activity of the employer exceeds the norm for the duration of daily work. An example would be the work of a night watchman, which would normally not be able to meet normal weekly working hours. In this case, in accordance with Article 86 of the Labor Code, the employer applies the summarized accounting of working hours. At the same time, the employer establishes an accounting period (no more than one year), within which the average working time restrictions must be observed. You can find out the accounting period for which the records of working time are kept in the personnel department of the enterprise.
It should also be borne in mind that, according to Article 95 of the Labor Code, the duration of the daily (between shifts) rest of an employee 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 length of working time for the accounting period did not exceed the normal number of working hours for this period (40 hours);
- the duration of the rest between shifts is not less than 12 hours.
Exceeding the established working hours is illegal and threatens the employer with administrative liability.