Shift work has become one of the labor issues that generates the most discrepancies and conflicts in companies, so the concepts and regulations must be clear.
According to the legal definition, the shift worker is one who provides his services at different times in a given period of days or weeks. It is the form of organization of team work, by which workers successively occupy the same jobs, according to a continuous or discontinuous rhythm, carrying out said shifts, obligatorily, on a rotating basis by the components of the affected labor group.
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Requirements
The Jurisprudence requires the performance of night work for a shift to have the status of rotating, for the purposes of compliance with the shift. In fact, companies whose production process is continuous 24 hours a day can establish shift work. For the establishment of night work, they must take into account the rotation of the positions and also, unless voluntary secondment, no worker can be on the night shift beyond two consecutive weeks.
Those companies in which the activity is carried out even on days that fall on Sundays and holidays can also establish shift work. These companies can organize their activity through teams of workers who carry out their activity for full weeks or by hiring staff.
For the health of employees
In workplaces where, due to the nature of the service provided, it is necessary to establish work shifts, these must be carried out on a rotating basis, according to a certain rhythm, either continuous or discontinuous, in order to mitigate work of a monotonous and repetitive nature, and take care of the health of employees at all times. By collective agreement, shifts can be scheduled by season, although the established requirements must be met, such as: the intervention of a representative of the workers in the establishment of the schedules and the publication, sufficiently in advance, of said programs, for the knowledge of the workers affected by the changes.
It is the obligation of employers to guarantee, to shift workers, a level of protection in terms of safety and health adapted to the nature of their work, with appropriate protection and prevention services and equivalent to those of the other workers of the company.
When shift work implies an extension of the working day, it will affect the mandatory rest periods established as follows: in relation to weekly rest, when the work organization requires it, the weekly half-day rest can be accumulated for periods of up to four weeks or separate from the period corresponding to the full day, to be able to enjoy it any other day of the week.
breaks
With regard to daily rest, when a worker’s shift change prevents him from enjoying it, on the day that this occurs, it can be reduced to a minimum of seven hours. The difference must be compensated in the immediately following days.
There must be at least 12 hours between the end and beginning of one day and the beginning of the next. This period must be respected even in the distribution of the daily working hours agreed by the Collective Agreement or by agreement between the company and the workers’ representatives. On special days for certain activities, different rest periods may be established.
The purpose of the rest of the continuous day is to break the permanence of the work effort for more than six hours and provide free time for a refreshment. During the break time, the worker has no obligation to work and is not subject to the power of direction and control of the company; therefore, the worker can leave the workplace.
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