When applying for a job, applicants are usually interested in salary and working conditions. But very few people ask about the work schedule.
It is assumed that office employees will work 8 hours a day, 5 days a week with an hour break for lunch. Employees in the service sector will have a slightly different schedule, and 24-hour businesses will have their workers perform work duties either day or night in accordance with predetermined shifts.
Still, it is better to find out such information in advance, so that the “wrong” mode does not become an unpleasant surprise.
Article 100. Working hours
The working time regime should provide for the length of the working week (five-day with two days off, six-day with one day off, a working week with days off on a sliding schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time working days (shifts), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days, which are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Features of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.
Types and features of work schedules
The most common is the normal (single-shift) operating mode. Working hours can be recorded daily or weekly. The work week, in turn, can be five days with two days off or six days with one day off. In this case, the maximum number of working hours per week is forty, and in the case of overtime, time in excess of this limit is considered overtime and is paid accordingly.
The next schedule option is an irregular working day. It applies in cases where an employer is regularly required to engage an employee to perform his duties outside of his normal working hours. The list of workers who can be hired outside normal hours must be annexed to the collective agreement. Employees whose working hours are irregular have the right to annual additional paid leave of at least three days or to monetary compensation (in this case, overtime hours are paid as overtime).
Sometimes the specifics of work require the use of a flexible schedule. Under this regime, the employee, to a certain extent, independently determines the start and end time of work, as well as the duration and number of breaks. At the same time, the total number of labor hours remains unchanged and, depending on the accounting model (daily or weekly), is worked out during the day or week. In some cases, monthly or even quarterly accounting may be used.
Some enterprises, such as manufacturing, whose production cycle length exceeds the length of the shift, or emergency services, are forced to operate around the clock. In such cases, a shift work schedule . This means that employees report to work according to a predetermined schedule and spend a certain amount of time at work. Time recording during a shift schedule is carried out using the cumulative method, that is, the number of hours is taken into account for a certain period of time, and it should not exceed forty hours per week multiplied by the number of weeks. If more than half of the shift time falls between 10 p.m. and 6 a.m., the shift is considered a night shift and is reduced by an hour without further work.
If the labor process takes place at a distance from the employee’s place of residence, the rotation method . It involves constant presence at the workplace without returning home every day. The employer is obliged to provide employees with acceptable living conditions. The employer keeps records of time worked and time intended for rest. Working time is calculated cumulatively over a long period, but not more than a year. The following cannot be involved in rotational work: pregnant women; women with children under three years of age; and persons having medical limitations making them unfit for such service.
And finally, the last mode is the fragmented day mode . It is used for non-uniform work intensity during the working day. Very similar to a flexible schedule, but unlike it, the start and end times of working hours, as well as the number and duration of breaks, are fixed. Mostly daily or weekly accounting is used.
Article 101. Irregular working hours
Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Normal operating mode (single shift)
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Normal operating hours depend on the time and attendance system. There are modes with daily, weekly and summarized recording of working time.
In accordance with Article 100 of the Labor Code of the Russian Federation, when organizing the labor process, organizations have the right to resort to daily five-day work with two days off, daily six-day work with one day off, a working week with days off on a sliding schedule, and in accordance with Article 104 of the Labor Code RF – to the summarized recording of working time.
The daily work schedule in practice is called a single-shift work schedule.
When recording working hours by day, any work beyond the norm is overtime (Article 99 of the Labor Code of the Russian Federation).
Irregular working hours
Article 101 of the Labor Code of the Russian Federation defines irregular workers
day as a special mode of work in which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours.
Irregular working hours may apply:
— for administrative, managerial, technical and business personnel;
- persons whose work cannot be counted in time;
— persons who allocate time at their own discretion;
— persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.
Although irregular working hours are associated with overtime in excess of normal working hours, it is not considered as overtime work, since in this case the very nature of the work implies the possibility of overtime, which, moreover, as a rule, cannot be accurately accounted for. Therefore, compensation for overtime during irregular working hours is carried out not according to the rules of overtime work, but by providing additional leave - at least three calendar days.
The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization (Article 372 of the Labor Code of the Russian Federation).
Flexible working hours
One of the forms of flexible working time that has become widespread in our country is the so-called sliding or flexible work schedule. The work is performed in flexible working hours, when the beginning, end or total duration of the working day is determined by agreement of the parties (Article 102 of the Labor Code of the Russian Federation).
Flexible work schedules can be used for both five-day and six-day work weeks, as well as other work modes in organizations in various sectors of the country’s economy.
A sliding (flexible) schedule assumes that the organization establishes “fixed time” - a period when employees must be at the workplace, and “variable (flexible) time” at the beginning and end of the work shift, within which employees have the right to start and finish work at your own discretion.
The maximum permissible shift length when using a flexible schedule is 10 hours. In exceptional cases, the length of time spent at work (including rest breaks) is allowed within 12 hours.
With all options for flexible working hours, the standard working time established in the organization must be fully worked out during the accounting period. In these cases, overtime work on working days cannot be considered overtime work.
Dividing the working day into parts
Labor legislation provides in some cases, where it is necessary due to production conditions, the division of a work shift into parts. In this case, the total working time should not exceed the established daily work norm. This kind of “divided” or “fragmented” working day, appropriate where the volume of work varies significantly during the day, can only be introduced for certain categories of workers.
The division of a shift into parts is introduced by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.
Work in such conditions is usually compensated by increased pay, established by agreement of the parties.
Shift work mode
Shift work involves working in two, three, four shifts (Article 103 of the Labor Code of the Russian Federation).
Features of the technological process, the need for efficient use of expensive equipment and other reasons require the use of multi-shift work schedules. Under such working conditions, it is necessary to comply with special labor legislation. Thus, the rotation of workers between shifts should be carried out evenly.
The transition from one shift to another is determined by the schedule; As a rule, such a transition occurs after a day of rest. Assigning an employee to work two shifts in a row is prohibited.
Both a six-day workweek and a five-day workweek are applicable when work is carried out in one or two shifts. During three-shift work, in continuous production, when the technological process cannot be ensured by using a five-day or six-day working week, other modes are introduced, based, as a rule, on cumulative recording of working time.
Shift method of work
A very specific labor regime with a summarized accounting of working time is the rotational method of organizing work. It is intended for organizing work at production facilities located at a considerable distance from the location of the organization.
Work at these facilities is carried out by shift personnel, who, during their stay at production facilities, live in specially created rotational camps and systematically return to the location of the organization after a certain time. The peculiarity of the working time regime under the rotation method is that the duration of the shift is extended to 10-12 hours and during the period of stay at the site the time between shifts and weekly rest is reduced.
Compensation for overtime is provided in the form of days off from work during the accounting period at the location of the organization. The accounting period under the rotation method can be a month, a quarter, or a longer period, but not more than a year. The accounting period covers all working time, travel time from the location of the employer or from the collection point to the place of work and back, as well as rest time falling within this calendar period. Shift work schedules are approved by the employer, taking into account the opinion of the elected trade union body of this organization, and are brought to the attention of employees not one month in advance, as usual schedules, but two months in advance.
Work performed on a rotational basis may not involve
- workers under 18 years of age,
- pregnant women and women with children under three years of age,
— as well as persons who have medical contraindications to perform work on a rotational basis.
Hours of work on holidays
The duration of the working day or shift immediately preceding a non-working holiday is reduced by 1 hour (Part 1 of Article 95 of the Labor Code of the Russian Federation). The legislation does not provide for any exceptions to this rule, therefore the specified reduction in work duration is carried out both for normal and shortened hours, and also, in our opinion, for part-time work. If a pre-holiday day coincides with a weekend, then the working day preceding it is not reduced.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.
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Article 103. Shift work
Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.
When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule.
When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. Shift schedules are usually an annex to the collective agreement.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Shift schedules are brought to the attention of employees no later than one month before they come into effect.
Working two shifts in a row is prohibited.
The procedure for drawing up an employment contract with a sliding schedule
When concluding an employment contract, the employer faces the main task of drafting it correctly. If during the inspection it is discovered that the contract was drawn up with errors, the enterprise and administrative entity will face a fine, or even worse, suspension of activities.
Depending on whether you are hiring an employee for the first time or transferring them to another mode of work, in the first case a direct employment contract is concluded, and in the second an additional agreement.
To streamline the work process, it is worth indicating in the “Work and rest schedule” column which hours are fixed, which have a flexible schedule, lunch break and rest, so that employees are not in a completely relaxed state. Important!! Each employee must have time for a break, at the discretion of the employer, from half an hour to two.
Working hours of work and rest
2.1.The employee is given a flexible work schedule with a duration of 40 hours per week
2.2. The employee is given a five-day working week, Saturday, Sunday are days off
2.3. From 8.00 to 12.00 fixed working hours are established
2.4.From 12.00-18.00 flexible work schedule
Article 104. Summarized recording of working time
When, due to the conditions of production (work) of an individual entrepreneur, in an organization as a whole, or when performing certain types of work, the daily or weekly working hours established for a given category of workers cannot be observed, it is permissible to introduce summarized recording of working hours so that the working hours for the accounting period (month, quarter and other periods) did not exceed the normal number of working hours. The accounting period cannot exceed one year.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers. For employees working part-time (shift) and (or) part-time week, the normal number of working hours for the accounting period is reduced accordingly.
(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
The procedure for introducing summarized recording of working time is established by the internal labor regulations.
(Part three introduced by Federal Law No. 90-FZ of June 30, 2006)
Features of compilation
Work according to the schedule according to the Labor Code of the Russian Federation cannot be imposed on an employee. It must be drawn up by mutual agreement of the parties. For example, if a candidate for a vacancy does not agree with the proposed work regime, he has the right not to apply for such a job. It’s another matter if an employee is already working at the enterprise, and suddenly, due to production needs, the employer wants to introduce a rotating work schedule. In this case, the employer must obtain the employee’s consent through an additional agreement.
In the process of developing a regime, an accounting period is selected, and then, depending on the work rate adopted at a particular enterprise, a plan is drawn up. For example, if an organization has adopted a 40-hour work week, then the monthly norm will be 160 hours. These 160 hours must be distributed over the month so that the weekends “slide”. To the extent possible, the employer can take into account the wishes of subordinates.
Legal documents
- Articles 100
- 104
- Labor Code of the Russian Federation
- Article 100 of the Labor Code of the Russian Federation
- Article 104 of the Labor Code of the Russian Federation
- Article 103 of the Labor Code of the Russian Federation
- Article 102 of the Labor Code of the Russian Federation
- Article 153 of the Labor Code of the Russian Federation
Article 105. Division of the working day into parts
In those jobs where this is necessary due to the special nature of the work, as well as when performing work the intensity of which is not the same throughout the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work . Such division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
