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Dilfuza Abdullaeva, Teacher of the Department of State Law, Specialized
Branch of Tashkent State University of Law
REGIME OF WORK TIME: SHIFT WORK
D. Abdullaeva
Abstract: the article discusses the types of working hours in labor law,
the concept of shift work, normal working hours and part-time, and analyzes
the hours of employees.
Keywords: labor law, working hours, shift work, shift schedule.
In modern society, shift work is very widespread. So, in the USA there
are about 40 million people who work regularly at night. In Europe, one in
five adults works in shifts, and one in twenty is forced to work more than 8
hours, sometimes for a full day. At the same time, human performance is
largely determined by the individual biological rhythms of the functioning
of the div. It has been established that the best working ability is observed
during the period of maximum intensity of physiological processes, and
when performing work in adverse hours, its qualitative and quantitative
characteristics are significantly reduced.
Recently, the world References: has been actively discussing the effect
of circadian rhythm and sleep disturbances on human metabolic health
indicators. One of the most socially significant causes of circadian disorders
is the shift work schedule. Shift work schedules have become more common
due to the high demand for flexibility and labor productivity in modern
society.
Shift work is characteristic of medical personnel, law enforcement
officials, rescue services, transport, the media and others. Shift workers
make up about 17% of all workers in Europe. Globally, approximately 2.5
billion people work in shifts [1].
Shift work is a work regime that is regulated by the article 120 of the
Labor Code of the Republic of Uzbekistan in chapter VII "Working hours".
Shift work is one of the ways to use working time and implement its norms
established by law for the relevant accounting period.
In world practice, there is also the concept of "separation of jobs", which
corresponds to a shift mode of operation.
The concept of job-sharing (job-sharing) first appeared in the mid-
1960s, which made it possible to increase the flexibility of employment
policies. Forms of organization of working time with this form of
employment can be different [2]:
- separation of one working day;
- division of the work week;
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- work for one week, and a partner for another week. Remuneration is
carried out in accordance with the number of worked working hours.
In world practice and Singapore, there are three forms of job sharing:
1. Joint responsibility of workers - a situation in which two employees
are jointly responsible for one full day and are interchangeable in work;
2. Separate responsibility - a situation in which two employees share the
same workplace and share responsibility when implementing a project or
solving a clientâs problem. They perform separate independent functions,
but can replace each other if necessary;
3. Independent responsibility - a situation in which two employees
perform completely different tasks, but from the point of view of
management they work at the same workplace, in one unit. But in fact, they
are two part-time people who are independent of each other.
The benefits of this form of employment are associated with greater
opportunities for the involvement of qualified individuals; advanced
training based on the exchange of experience and knowledge; with
simplified organization of labor in case of vacation or illness of one of the
employees; the ability to increase the length of the working day without
increasing the total number of working hours for one employee; using the
labor of older persons.
Among the costs of this form of employment, the problem of finding a
partner should be singled out (in case of incompatibility of persons
employed in the same workplace, an individual labor contract may be
terminated); an increase in the cost of training personnel, the provision of
necessary equipment, furniture, when not one person is busy, but at least
two.
Not all types of work are suitable for such a form of employment as the
division of jobs, namely, only work related to the fulfillment of tasks,
production volume, etc. This is the sphere of education and healthcare, other
public services, secretarial and administrative duties.
Let's move on to an analysis of our labor laws.
A summarized accounting of working hours may be introduced at an
enterprise provided that the working hours for the accounting period do not
exceed the normal number of working hours (Articles 115-118). Moreover,
the accounting period should not be more than one year, and the duration
of daily work (shift) over twelve hours. The procedure for applying the
summarized accounting of working hours, as well as measures aimed at
equalizing the amount of wages paid to employees monthly during the
accounting period, are established by the collective agreement, and if it is
not concluded, by the employer by agreement with the trade union
committee or other representative div of workers.
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Summarized accounting of working time is established in compliance
with the restrictions established for attracting certain categories of workers
to overtime work [3].
The Code does not contain detailed regulation of shift work, as well as
requirements for shift schedules, norms of inter-shift rest.
A shift mode of operation can be introduced if there are objective
reasons, namely: if, taking into account the nature of production, continuity
of the production process is required, and during normal operation, the
working day exceeds the allowable working time, or in order to use existing
equipment most efficiently, which will lead to increase in the volume of
products or services provided.
For example, if you need to ensure the organizationâs work during 12
hours every day, seven days a week, the daily rate of working hours is
exceeded regardless of the type of working time in the organization. This
duration is the basis for the introduction of shift work.
In a two-shift operation mode, the shift duration is usually 12 hours.
However, it may slightly exceed the permissible duration of daily work.
The labor code permissible (maximum) duration of daily work is
established only for certain categories of workers. For other categories of
workers, the duration of daily work (shift) is established by the internal
labor regulations, collective agreement, agreement, based on the normal
weekly working hours, which should not exceed 40 hours.
If the organization has set a 20-hour workweek for workers, and they
actually work 40 hours a week, overtime takes place. At the same time, the
duration of overtime should not exceed 4 hours for each employee for two
consecutive days and 120 hours per year.
From this it is concluded that this cannot be recognized as a two-shift
operation.
In the shift schedule, the possible number of shifts is set, the working
hours during the shift (start and end of the shift), breaks for rest and the
alternation of shifts are determined. The schedule can immediately provide
for the transition of workers from one shift to another.
Violation of a certain mode of work by an employee will constitute a
disciplinary offense.
So, when drawing up shift schedules, the employer must take into
account the opinion of the representative div of workers.
So, for ease of use, it is necessary to explain in the schedules the
conventions used in them, indicate the information on the duration of the
accounting period established by the schedule, the working hours calculated
for the established category of workers, the number of work shifts and
teams and other necessary information regarding the distribution of
working time and rest time [4].
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The form and content of shift schedules, providing visibility and ease of
use, are developed by the enterprise itself. However, calculations and
distribution of working hours should be made on the basis of the
requirements stipulated by the Labor Code.
References:
1.
Tsvetkova ES, Romantsova TI, Runova GE, Beliaev NS, Goldshmid AE.
The influence of shift work on metabolic health. Obesity and metabolism.
2019;16(3):11-19. doi: https://doi.org/10.14341/omet10015
2.
2. The Labor Code of the Republic of Uzbekistan. National Legislation
Database,
05/11/2019,
No.
03/19/536/3114,
05.24.2019,
No.
03/19/542/317, 12/04/2019, No. 03/19/586/4106) /
3.
3. Kostyuyina G.M. Flexible forms of employment: world experience
and practice of Singapore // Work abroad. -2004.-No. 2.-S.95-110.
4.
Gasanov M.Yu., Sarymsakova G.K. Legal regulation of working hours
and rest time. Tutorial. - T .: IPTD LLC âFuqarolik Zhamiyatiâ 2017. - P. 256.
Nadzhie Abrekova, Student (PhD), Institute of Bioorganic Chemistry,
Uzbekistan,
Nuria Beknazarova, Junior Researcher, Institute of Bioorganic Chemistry,
Uzbekistan
Farhod Atamuratov, Junior Researcher, Institute of Bioorganic Chemistry,
Uzbekistan,
Sardor Makhmudov, Student (PhD), Institute of Bioorganic Chemistry,
Uzbekistan,
Tokhir Khudoyberdiev, Junior Researcher, Institute of Bioorganic
Chemistry, Uzbekistan
Bahodir Sagdullaev, Doctor of Technical Sciences, Leading Researcher,
Institute of Bioorganic Chemistry, Uzbekistan
RESEARCH OF ACUTE TOXICITY AND MEDIUM-DEATH DOSE OF TANNINS
OF RUMEX CONFERTUS WILLD.
N. Abrekova, N. Beknazarova, F. Atamuratov, S. Makhmudov, T.
Khudoyberdiev, B. Sagdullaev
The purpose of this study was to determine the acute toxicity and
moderate lethal dose of tannins obtained from the roots and aerial parts of
the R. confertus Willd plant. Determination of acute toxicity and the average
lethal dose of the samples was carried out according to the method of
Litchfield and Wilcoxon. As a result of the studies, the death of animals in the
