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When taking a job in supermarkets that operate more than 8 hours and / or around the clock, as well as in continuously operating enterprises or productions, workshops, it should be understood that employee working time in them is recorded …
Letter of the Ministry of Social Policy dated 29.08.2012 No. 317/13/116-12.
When taking a job in supermarkets that operate more than 8 hours and / or around the clock, as well as in continuously operating enterprises or productions, workshops, it should be understood that employee working time in them is recorded on an aggregated basis. This is due to the fact that in such stores/enterprises, because of the working conditions, a 36-hour workweek for reduced working time or a 40-hour one for normal working time cannot be observed (Art. 61 of the Labor Code of Ukraine).
At the same time, the working time norm for the period (week, month) is determined according to the calendar based on a 40-hour workweek, taking into account reduced working hours on the eve of days off by up to 5 hours and on the eve of holidays and non-working days – by 1 hour.
The working time norm calculated in this way is implemented by establishing shift work schedules with a maximum duration of work during the day (10 – 12 hours). Although often such changes last even longer.
Attention! As of today there is no regulatory document that would give the right to set a shift duration of 24 or 12 hours. Therefore it is determined by agreement between the employer and the trade union organization or in a collective agreement (this position is adhered to by the Ministry of Social Policy in the commented letter).
The reason for such attention to this problem was voiced by the Institute of Occupational Medicine in a letter dated 27.05.2003 No. 11/392 at the request of the Ministry of Labor: “Schedules with 12-hour shifts in some cases should be of interest not only to employers but also to employees, since in this case, when they are used, more time is allotted for rest between shifts compared, for example, with 8-hour work schedules.
However, establishing a long duration of the workday for employees is not recommended, because such working duration leads to significant strain on the body and, as a consequence, to the rapid development of fatigue. Therefore a long shift can have negative consequences for work capacity and the health condition of workers. This particularly applies to cases when the schedule provides for work in both day and night shifts”.