“I work every other day - what additional payment is due for overtime?”

What is a daily work schedule

Daily work is usually called the performance by an employee of his labor duties continuously for 24 hours in accordance with the internal labor regulations (ILR) and the terms of the employment contract.

The concept of “daily work” is not defined in the Labor Code of the Russian Federation. However, in practice, employers often have to organize. such work. Employees of the Ministry of Emergency Situations, doctors, security guards, and workers of other professions can work on daily schedules.

In order to legally organize work in a company on a daily schedule, you must comply with the following requirements (Article 91, Article 103, Article 110 of the Labor Code of the Russian Federation):

All three conditions must be met simultaneously, otherwise the establishment of such an operating mode will be unlawful. The rights of workers should not be violated when working on daily schedules.

Neglect of these rules can lead to fatigue, depression and illness, which will inevitably affect the productivity of employees and the efficiency of the company as a whole. Violations committed by the employer when organizing daily work and drawing up a schedule may result in fines for him.

The requirement that the duration of rest between shifts should be twice as long as the duration of work, established by clause 10.24 SP 2.2.2.1327-03. 2.2.2. “Occupational hygiene...” is not applied from 2021 due to the abolition of these sanitary and epidemiological rules by Decree of the Government of the Russian Federation of October 8, 2020 No. 1631.

Find out further what else an employer needs to remember when engaging employees to work on daily schedules.

How are wages paid during a shift work schedule?

Due to the nature of the work of some enterprises, they introduce a shift work schedule, in which employees work not one, but two or three shifts per day.

This regime is appropriate, for example, for enterprises in which the duration of the production process is longer than the duration of work established by labor legislation.

Also, several shifts can be introduced for more complete and efficient use of existing equipment.

In any of these cases, the question arises of how to properly organize the payment of employees and keep track of working hours. The rules and features of payment, as well as possible problems, are worth considering in more detail.

Time tracking

Moreover, this requirement applies to all employers without exception, regardless of whether they are a legal entity or an individual. The form of ownership also does not play any role.

Record keeping is carried out according to general rules using a working time sheet of the established form, in which data on all hours worked by the employee is entered. In modern conditions, there are three types of such accounting.

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Daily

Can only be used if:

the working week consists of 5 or 6 days;
The daily duration of the work shift is the same.

For calculations under the daily schedule, each day worked by the employee for the entire working period is taken into account.

Monday

When using this type of accounting, the length of the working day should be the same every week. The duration of an employee’s shift or daily work is regulated by the schedule.

Summarized

It is used in cases where the enterprise or organization cannot implement the daily shift duration established for specific categories of employees.

For example, such a situation may arise if an employee is unable to work less than the required 8 or 40 hours per day or week, respectively.

In this case, the maximum permissible number of hours for the entire year is calculated, and the shift schedule is drawn up in accordance with the result obtained.

As a result, it may turn out that an employee works 50 hours one week, 30 hours another, and at the end of the year the established norm is met.

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When conducting it, the employer is obliged to set the following parameters:

Length of the accounting period. It can be a month, a quarter, or a year. At the same time, for workers with normal working conditions it cannot exceed a year, for those who work in harmful and dangerous conditions - three months.

Standard working hours for various categories of citizens. It can be determined using the production calendar , which is approved annually.

Schedule. This document must also be developed and put into effect by order of the head of the enterprise. A schedule is drawn up taking into account the established norm of working hours.

The procedure for determining wages. In this case, a salary or an hourly rate can be selected.

The employer can establish summarized accounting both in relation to all employees of the enterprise, and only for certain of them. In this case, the employee must be familiar with this information by including it in the employment contract or by studying the relevant local regulatory act against signature.

Payment for a shift schedule

Wages at a particular enterprise are calculated to an employee based on the established wage system. Depending on this, it can be calculated in two ways.

At a set hourly rate

In this case, to determine the amount to be paid, it is necessary to multiply the rate by the number of hours actually worked by the employee. Data about this is taken from the time sheet maintained at the enterprise.

Example:

In this case, the number of work shifts is 8, the actual time worked is 192 hours. Therefore the salary is equal to:

Salary = 192 * 90 = 17,280 rub.

However, this amount is not the final amount, because the employee is also entitled to additional payment for night work, as well as for overtime work. The features of such an additional payment will be discussed further.

If in this example the employee worked on a “every two days” schedule, then the number of shifts and hours worked would be 10 and 240, respectively. In this case, the salary is an order of magnitude higher:

Salary = 240 * 90 = 21,600 rub.

In addition to additional pay for night and overtime work, an employee could also qualify for additional money for working on a holiday, since one of his shifts would fall on March 8. However, with such a schedule, there is a lot of overtime in excess of the monthly norm (168 hours), which is undesirable and in some cases may be prohibited by law.

In accordance with the salary established for the employee

In such a situation, it is paid in full, but provided that the employee has worked the standard hours established for the accounting period. If this standard is not met, the salary is proportionally reduced. In case of processing, an additional payment is due.

Example:

First of all, it is necessary to determine the time standard for the month in question, established using the production calendar. It is 168 hours per week, the number of working days in a month is 21 days. The employee's hourly rate is:

Emergency = 15,000 / 168 = 89.3 rubles/hour

In fact, the employee worked 16 working days. The number of hours worked in this case will be:

H = 16 * 10 = 160 hours

Since the employee did not fully work the standard time, her salary will be:

Salary = 160 * 89.3 = 14,285 rubles.

As already noted, in the event of overtime or if part of the shift coincides with night time, the employee is entitled to additional payments to his salary, the minimum amount of which is established by law.

Features of payment at night

When working in several shifts, a situation often arises in which part of the shift or its entire duration occurs at night. In accordance with Art. 154 of the Labor Code of the Russian Federation, such work must be paid at a higher rate compared to normal working conditions.

In this case, the minimum amount of additional payment is 20% of the hourly tariff rate or salary, however, it can be increased by local regulations. To account for the number of hours worked at night, you can indicate daytime and nighttime separately on the timesheet.

Payroll calculation for night work is worth considering using a separate example:

It is necessary to determine the salary for March 2021 if the employee worked 16 shifts in a month, each lasting 9 hours. First you need to determine the amount of time actually worked:

B = 16 * 9 = 144 hours

Of them:

112 hours - daytime (7 * 16);
32 hours - night time (2 * 16).

Payment for daytime hours will be:

OD = 112 * 105 = 11,760 rubles.

In accordance with the collective agreement in force at the enterprise, the additional payment for night hours is set at 20% of the hourly tariff rate. Therefore, the payment for night time will be equal to:

OH = 32 * 105 * 1.2 = 4,032 rubles.

The final salary the employee will receive will be:

Salary = 11,760 + 4,032 = 15,792 rubles.

As for additional payment for calendar days off , it is not made during shift work, since the employee has his own set schedule.

However, if he is forced to work on a day indicated in the schedule as a day off, he will also be able to claim additional payment.

Holidays and non-working days must be paid during a shift schedule according to the general rules, that is, also at an increased rate.

Overworking time: how to prevent it and what to do about it

When using a shift schedule per week, month or year, situations often arise when an employee works more than the allotted time. When developing a shift schedule and determining wages, it is worth considering the following features:

The total duration of processing for a year should not exceed 120 hours, for 2 consecutive days - 4 hours.
There are certain categories of citizens who are prohibited from being involved in overtime work without their consent or unless absolutely necessary. Read more about this in our other article.
The minimum additional payment for work above the norm is:
double size - for all subsequent hours.

All this must be taken into account when drawing up a shift schedule and calculating an employee’s wages.

https://www.youtube.com/watch?v=48Jfjkz2v78

If necessary, you can involve additional employees in order to distribute working time between them within the established standards.

Remuneration when an enterprise operates in several shifts has many features when compared with a regular schedule, since in this case overtime and night work often occur.

All this must be taken into account when calculating wages and making the allowances due to the employee.

When drawing up a schedule, it is necessary to focus on the established standard working hours, which will help avoid violations of current legislation.

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How to set a daily work schedule for an employee

If you decide to introduce a daily work schedule in your company, you should register such a schedule in the PVTR. Or in an employment contract with an employee, if this schedule is individual or your company is a micro-enterprise that refused to accept local acts.

The text of the PVTR and/or employment contract should indicate (part 1 of article 100, part 2 of article 103 of the Labor Code of the Russian Federation):

length of the working week and shift;
alternating working days and weekends;
start and end of shift;
time of breaks during the shift (for meals, rest, etc.);
indication of one shift per day.

Then draw up a shift schedule taking into account the legal requirements described in the previous part of the material.

Shift schedules must be brought to the attention of employees no later than one month before they come into effect (Article 103 of the Labor Code of the Russian Federation).

Schedule in two days

According to the law, daily work hours are allowed if the specifics of the enterprise require it. The schedule is usually set by the employer - as a rule, it is a day in two or a day in three.

“In accordance with the Labor Code of the Russian Federation, the duration of rest should be 2 times longer than the work shift,” says Lyubov Zorina, head of the personnel department of a large plant. “In other words, if an employee works 24 hours, then before the next shift he must rest for at least 48 hours.”

2 main rules of the “day”

Employees should be familiarized with the new work schedule no later than a month before its introduction. Unfortunately, some employers violate this rule and transfer the employee to a new regime without warning.

During the work shift, each employee is given time for lunch - a total of about 1.5-2 hours, divided into half-hour breaks. This personal time can be spent at your discretion. By the way, no one forbids using these 2 lunch hours at a time, instead of taking “smoke breaks” in parts.

Work schedule every other day and its legality

According to the Labor Code of the Russian Federation, Part 2, Art. 91 The maximum number of hours a person can work in a week is 40 hours. This figure is obtained from the Standard Schedule (5*8=40 hours).

In the absence of a clear system that deviates from the Standard Schedule, a system of cumulative hours was created (i.e.

an employee does not have to work 8 hours without a break, not including a lunch break), and according to this system there is a rule under which shortfalls for the previous period can be compensated by overtime in this period.

When drawing up a work schedule of 2 days, a worker often works 16-17 hours a day. According to the labor code, it is allowed to work only 12 hours at a time. Therefore, with this schedule, the employer enters into an agreement with the worker on the terms of 1.4 times the wage per week. That is, 56 hours a week. This is also called a “part-time agreement.”

But even under such conditions, the schedule for two days at a time will still exceed the norm under the labor code. The employer can reduce the hours by passing off the remaining hours as overtime.

However, this scheme will not help either, because according to the labor code, overtime should not exceed 4 hours in two days or 120 hours per year.

After calculating overtime for each day (12 hours + 4-5 hours for each day of work), it turns out that even through the total counting system using overtime, the two-day schedule is not included in the legally established rules of the labor code.

In practice, it often happens that two days later are assigned due to an urgent circumstance of one of the employees (going on sick leave or taking a vacation). Then the employer can assign a 1/2 schedule, defined for a specific period, for example, a week or 2.

If the employee does not agree to such working conditions, then he has the right, without persecution from his employer, to sue the court for the protection of labor rights, Art. 379 Labor Code of the Russian Federation. If a sudden change in work schedule is refused, the employee retains and protects all his rights.

Through the labor court, the employer, in case of violation of the labor rights of employees, receives a disciplinary fine and may be subject to administrative liability.

According to the law, if an employee refuses to work according to the new schedule, management does not have the right to discipline employees, much less fire them. If the labor code is violated due to the above-mentioned actions, management will be subject to disciplinary and administrative liability.

However, after the worker is restored to his rights, of course, the attitude towards him in the work collective will change and the person will still have to quit, because the labor code does not take into account the rights of the worker under moral pressure from management or the team.

When starting a new job, carefully monitor your work schedule. If it does not comply, contact the court for the protection of labor rights.

In this article you learned what to do if you work in two days, is it legal? If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

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Which employees cannot be transferred to a daily work schedule?

For most workers, any shift duration can be set, including daily (part 1 of Article 93, part 1 of Article 100, part 1 of Article 103 of the Labor Code of the Russian Federation). But certain categories of employees have restrictions on the permissible duration of daily work (Rostrud Letter No. 3567-6-1 dated December 2, 2009). For example, the maximum duration of a disabled employee’s shift is determined by a medical report (paragraph 4, part 1, article 94 of the Labor Code of the Russian Federation).

Therefore, before including workers in the daily work schedule, check whether labor legislation allows a particular employee to be involved in shift work lasting 24 hours (days), and whether he is prohibited from working at night.

In particular, it is impossible to involve pregnant women, minors (except for those who participate in the creation and/or performance of artistic works), workers engaged in work with harmful and/or dangerous working conditions, where short working hours are established, for daily work. and some other categories of workers (Article 92, Article 94, Article 96 of the Labor Code of the Russian Federation).

How to create a daily work schedule

Let's show with an example how to create a daily work schedule.

Example

Initial data: operating mode ─ every other day, accounting period ─ month, standard working hours in July 2021 ─ 176 hours.

The actual time worked is calculated based on the length of the shift (24 hours) and the number of shifts per month. For example, with eight shifts per month, this time will be 192 hours (24 hours x 8 shifts), and overtime is 16 hours. (192 hours – 176 hours).

Sample daily work schedule

In two days

This article explains in detail what to do if you work within two days, is it legal, and everything you need to know about it.

Each person is unique in his own way, there are larks and owls who wake up at the opposite time to each other, and ferrets and pigeons who either constantly want to sleep or stay awake most of their lives, leaving 3-4 hours for sleep and using Uberman's special system for sleep - phases. For such people, they have come up with different schedules, which are specified in the Labor Code of the Russian Federation.

Types of working hours for workers in the Russian Federation for 2021:

Standard 5\2, 8 hours every day, excluding weekends (Saturday, Sunday). Usually the working day begins at 9 or 10 am, respectively, ends at 6 or 5 pm, leaving the dark time of the day free for entertainment.
2\2 – the work schedule here is shifted, and the weekend is not Saturday-Sunday, but any two days of the week after 2 days of work. During this schedule, work hours increase from 8-9 to 11-12, making work a little more difficult, but reducing the wait for weekends. This system is not the main one, it is not very convenient for people with families, because often the spouses’ schedules do not coincide.
Flexible schedule. Here the system is divided into 3 more types according to working hours: a person works the hours that he should have worked in a day; completes hours that should have been completed weeks ago; rents out watches for a month of full-time work. Typically, a flexible schedule is based on the Standard System norm (5\2) and is perfect for night owls who can work, for example, at night and get a good night's sleep in the morning.
Part-time employment. This schedule assumes that a person will work half as much as under the Standard schedule (5\2): either it will be reduced days per week (3 days a week for 8 hours), or it will be a shortened day (5\2, but for 3-4 hours). Young mothers often start working part-time after maternity leave or during maternity leave.
1\2 – one by two. On the territory of the Russian Federation, this schedule is not entirely regulated by the Labor Code, however, it exists in some types of activities. Let's talk about this.

Types of legal entities

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vacuum cleaner return

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Compensatory agreement

An agreement under which a party must receive payment or other consideration for the performance of its obligations is compensated.

Civil Code

It is true that in case of any violation of the Land Code or other regulatory act of the Russian Federation, by virtue of Article 45 of the Code of Civil Procedure of the Russian Federation, the prosecutor can file a civil claim in court to restore violated rights

Complaints about conductors

A complaint against a Russian Railways conductor caused by the conductor’s unlawful behavior towards a passenger can be submitted in writing or orally.

Summarized accounting of working hours with a daily work schedule

As a general rule, the normal length of the working week cannot exceed 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation). According to the daily schedule, employees may not work up to standard in one month, but overwork in another month. In this regard, employers use summarized recording of the working time of employees working on a daily work schedule.

Summarized working time tracking allows you to:

implement a schedule of the duration of the working day and working week on average for the accounting period;
balance underwork or overtime in such a way that the sum of hours worked during this period is equal to the standard hours for this period for this category of workers.

The accounting period cannot exceed one year, and for recording the working time of workers engaged in work with harmful and (or) dangerous working conditions - 3 months (Part 1 of Article 104 of the Labor Code of the Russian Federation).

The procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week is approved by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588N.

Organizing summary recording of working time is a right, not an obligation of the employer. Therefore, he can use regular (non-summarized) working time recording for employees working on a daily schedule (Part 1, Part 4 of Article 104 of the Labor Code of the Russian Federation).

Work in two days

Does the employer have the right to force people to work every other day (having fewer days off) if the basic schedule is three days a day? — Does the employer have the right to force people to work every other day (having fewer days off), if the basic schedule is three days... 1 answer. Moscow Viewed 3206 times. Asked 2011-06-19 11:34:05 +0400 in the subject “Labor Law”
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Not everyone is ready to work all day

First of all, it should be noted that the Labor Code allows for the establishment of a work shift longer than the normal duration (8 hours) if this is required by the production process or the specifics of the work. Thus, we can conclude that a 24-hour work shift is also permitted.

The daily schedule assumes continuous presence at the workplace for 24 hours, that is, it will include both night and day working hours.

Rest during daily work schedule

Naturally, with a 24-hour work shift, the work schedule will differ from the usual 5-day week with an 8-hour working day. In this case, a special schedule will be established for employees. Very often, graphs of a day in two or a day in three are practiced.

At first glance, both the first and second are acceptable, since the Labor Code requirement for the duration of rest between shifts is observed, which states that it should be twice as long as the duration of the work shift. In this case, the shift duration is 24 hours (days), and the rest period is 48 or 72 hours. But there are some nuances here, which will be discussed in more detail in the next paragraph.

With this mode of work, the schedule must be drawn up in advance and the employee must become familiar with it no later than a month before it starts. The Labor Code also obliges the employer to provide employees with a rest break of at least half an hour during normal working hours. This time is not included in working hours and is not subject to payment.

But the employee can dispose of it at his own discretion. Including leaving the workplace. With a daily schedule, due to the specifics of the work, he most often does not have such an opportunity. In this case, the law states that breaks for food and rest must be included in working hours and paid.

How many such breaks should there be per day? There is no direct guidance in the legislation. But the accepted practice is based on the fact that there is one break per 8-hour working day, which means that there must be at least 3 breaks of half an hour or more per 24 hours.

Standard working hours with a daily work schedule

24 hour workday is legal

Returning to work schedules, let’s consider how legal the above schedules will be: a day in two and a day in three. The Labor Code states that the length of the working week should not exceed 40 hours, but if it is not possible to comply with this condition, then you need to build on the time standard established for a certain period of time:

month;
quarter;
half year;
year.

The most common period for recording working hours is a month, since it is more convenient to adjust it, as well as familiarize the employee with it without violating legal requirements. The standard time in each month will be different, since the number of working days in the “standard” 5-day working week will be different.

The number of hours worked in each specific month should not exceed the established norm.

Now you can make some simple calculations:

On average, there are 30 days in a month; with a schedule of one day every two, the periodicity of the cycle is three days.
Accordingly, there are approximately 10 work shifts per month. We multiply this amount by 24 and get approximately 240 working hours per month.
If you look at the production calendar, which sets the number of permissible working hours, you can see that even the largest month in terms of the number of working hours does not exceed the norm of 200 hours. This means that an employee working on a schedule of 24 hours a day will work at least forty hours every month (and this is according to the most approximate calculations). How much will this be per year? But the Labor Code clearly states that the number of hours worked in excess of the norm should be no more than 120 per year.
Thus, by assigning an employee a permanent shift every other day, the employer violates labor legislation.

Remuneration for daily work schedule

The number of hours worked must be in accordance with the Labor Code!

As a rule, with a daily work schedule, hourly wages are established. This means that for each hour worked, the employee receives a certain amount, which will depend on the number of hours worked in a month.

This concerns the basic salary. Now let’s look at what additional payments an employee working on a daily schedule may be entitled to. These include:

payment for night work:
payment for overtime hours;
payment for holiday work hours.

Since it is absolutely clear that a 24-hour continuous shift will include night hours, they must be paid in accordance with the requirements of labor legislation. Night hours in the Labor Code are defined as the time from 22:00 in the evening to 6:00 in the morning of the next day. That is, in one 24-hour shift there are 8 night hours.

As a rule, the surcharge for night hours is set in the form of a percentage increase to the basic rate per hour. This is a mandatory additional payment. Payment for overtime hours depends on the accepted accounting period. If it is a month, then calculation and payment must be made at the end of each month. If the period is a longer period of time, then the calculation is made at its end.

Very often, a longer period of time, such as a year, is taken if the employee works on an uneven schedule, and then overtime in one month is compensated by shortfalls in another, and as a result, there will be no overtime for the accounting period, and therefore no additional payment either.

Payment for holidays is made on a general basis - no less than double the amount. The main difference from workers working a standard 5-day week is that for workers working in shifts, going to work on a holiday is mandatory. But increased payment for these days is required.

Please note that only those days specified in the Labor Code will be considered holidays; postponements of days off for shift workers will not be counted as holidays, since the specifics of their work are such that they do not care whether a non-working holiday falls on Sunday or Saturday. And lastly, we must not forget that all of the above payments relate to compensation, that is, they will not be included in the minimum wage.

Thanks to the video, you will learn how to calculate wages when using summarized accounting of working hours under different wage systems:

Article 155 Housing Code Article 155 Housing Code of the Russian Federation. Payment for residential premises and utilities. Housing Code of the Russian Federation…

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How to pay for work on a daily schedule

For employees working on a daily schedule, you can establish any wage system: time-based, piece-rate, etc. There are no special instructions or prohibitions in this regard in labor legislation.

Payment is made for actual hours worked or volume of work completed. For night work, it is necessary to pay extra for each hour of night time at least 20% of the salary/hourly rate (Article 154 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of July 22, 2008 No. 554). Holidays on which a scheduled shift falls are paid at no less than double rate or single rate if the employee takes time off for a “holiday” shift (Part 3 of Article 153 of the Labor Code of the Russian Federation).

We will separately dwell on the procedure for paying for deficiencies and overtime of employees formed at the end of the accounting period.

When paying for defects, it is necessary to take into account the provisions of Art. 155 Labor Code of the Russian Federation:

If an employee has worked more than the established hours at the end of the accounting period, he or she will be overtimed. It should be paid as overtime:

for the first 2 hours - at least one and a half times the amount, and if this work has already been paid in a single amount when paying wages, then you need to pay at least up to one and a half times the amount;
subsequent hours - at least double the amount, and if they are already paid for in a single amount, you should pay at least up to double the amount.

At the employee’s request, he can take time off for overtime hours: no less than the time worked overtime (Part 1 of Article 99, Part 1 of Article 152 of the Labor Code of the Russian Federation, Letter of the Ministry of Health and Social Development dated August 31, 2009 No. 22-2-3363).

In order not to make a mistake in calculating and paying overtime, it is important for the employer to pay attention (Parts 6 and 7 of Article 99 of the Labor Code of the Russian Federation):

to scrupulously count the overtime of each employee;
control over the volume of overtime ─ per year, overtime work should not exceed 120 hours (Part 6 of Article 99 of the Labor Code of the Russian Federation).

Work on weekends and holidays does not apply to overtime (Part 3 of Article 152 of the Labor Code of the Russian Federation).

When calculating hours of overtime and underwork, it should be taken into account that the standard hours for different employees for the accounting period may differ. The standard hours exclude the time when the employee did not work, but he retained his place of work - he was on vacation or on sick leave, or underwent a medical examination. In such cases, the employee’s standard working time must be reduced by the number of hours of such absence falling within working hours (Letter of the Ministry of Labor dated May 21, 2019 No. 14-2/OOG-3606).

If you have any unresolved questions, you can find answers to them in ConsultantPlus.

Full and free access to the system for 2 days.

Application for refusal of the operating mode in two days

However, if the employment contract establishes a work schedule with days off on a staggered schedule and the employee is familiarized with the schedule upon signature, then he does not have the right to refuse to work on a holiday. In this case, work on a holiday is included in the normal working hours. Absenteeism may be considered absenteeism by the employer.

But work on a non-working holiday must be paid no less than double (Article 153 of the Labor Code of the Russian Federation).

Regulatory framework Document Will help you Article 100 of the Labor Code of the Russian Federation Find out what elements should be included in the working time regime Article 103 of the Labor Code of the Russian Federation Understand how work on a sliding schedule differs from shift work Article 104 of the Labor Code of the Russian Federation Remember in which cases it is necessary to apply summarized recording of working hours Article 154 of the Labor Code RF, Decree of the Government of the Russian Federation of July 22, 2008

Is it legal to work every other day or two?

But this is not a mandatory requirement. The main thing is that the duration of weekly uninterrupted rest is at least 42 hours (Article 110 of the Labor Code of the Russian Federation). The longer the accounting period the employer chooses, the greater the chance he will have of avoiding violations of work and rest standards.

Set the deadline for employees to familiarize themselves with the staggered schedule in a local regulation or directly in their employment contracts. The duration of work on pre-holiday days is reduced by one hour.

If this is not possible due to working conditions, overtime is compensated by additional rest time or, with the employee’s consent, by payment according to the standards established for overtime work (Article 95 of the Labor Code of the Russian Federation).

Unlike shift work, when developing a schedule, there is no need to take into account the opinion of the trade union, if one has been created in the organization. Also, the law does not require that employees be familiarized with the monthly schedule.

Generally accepted weekends (Saturday, Sunday) or holidays if a shift falls on them are not days off.

Is the daily schedule considered shift work? The daily schedule can be established not only during shift work, but also in the flexible schedule mode provided for in Art. 102 Labor Code of the Russian Federation. How they differ, see the table.

Similarities and differences between the daily schedule in shift work and flexible hours Criteria Shift work Flexible working hours How the schedule is drawn up by the Employer with the approval of the trade union, etc.

p. By agreement of the parties Is it possible to put an employee on 2 shifts in a row? It is impossible. It is possible, with the consent of the employee. What does overtime consist of? From hours of work after a shift under Art.

Work time and rest time with a daily schedule The start and end times of work are indicated in the internal regulations and, if necessary, in the employment contract. According to the Labor Code, with a daily work schedule, rest time is no different from rest time under other work schedules. It is established taking into account the provisions of Chapter. 18 Labor Code of the Russian Federation:

With a standard 8-hour working day, the employee is given 1 break for lunch and rest, respectively, with a 24-hour working day there should be 3 such breaks.
If the employer cannot provide the employee with the opportunity to leave the workplace and use rest time at his own discretion (which most often happens with daily work), then the time for meals and rest will be included in working hours.

Weekends are 2 or 3 days (depending on the mode) after 24 hours worked.

Important It all depends on whether the employer has the opportunity to provide the employee with a break for rest and food. If there is lunch, then it is not included in working hours, and in this case the working day will be less than 24 hours (part one of Article 108 of the Labor Code of the Russian Federation).

Depending on the length of the break, the working day can range from 22 to 23.5 hours. When working daily, the break is usually two hours (an hour in the first and second half of the shift).

If a lunch break is not provided, then the employer is obliged to provide the employee with the opportunity to rest and eat during working hours (part three of Article 108 of the Labor Code of the Russian Federation). In this case, the working day lasts 24 hours, this is the number of hours that is entered on the timesheet.

If employees are initially hired with the condition of working at night, then with a sliding schedule, the duration of work at night is not reduced by an hour (part three of Article 96 of the Labor Code of the Russian Federation).

The working time sheet is filled out as follows. Days worked are designated by the code “I” or “01” if the organization uses unified forms indicating hours of work. Night hours are marked separately with the code “N” or “02” indicating the number of hours that fall on one day (from 22.00 to 00.00) and on the next day (from 00.00 to 06.00).

Attention The additional payment for each hour of night work is at least 20 percent of the tariff rate or salary calculated per hour of work. Specific amounts of wage increases are established by a local act, collective or labor agreement (Article 154 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of July 22, 2008 No. 554). Is it possible to introduce summarized accounting for drivers if they have irregular working hours? The driver and personal driver have irregular working hours.

Article 99. Overtime work (as amended)

Rest time for daily work according to the labor code

This figure is obtained from the Standard Schedule (5*8=40 hours). In the absence of a clear system that deviates from the Standard Schedule, a system of cumulative hours was created (i.e.

When drawing up a work schedule of 2 days, a worker often works 16-17 hours a day.

Source: https://advokat-burilov.ru/zayavlenie-otkaz-ot-rezhima-raboty-sutki-cherez-dvoe/

How many years to keep the daily schedule

The storage periods for work schedules are established in clause 402 of the List of standard management archival documents, approved. By Order of Rosarkhiv dated December 20, 2019 No. 236:

402.

Time sheets (schedules), working time logs

5 years

Under harmful and dangerous working conditions – 50/75 years

The daily schedule of employees with harmful and/or dangerous working conditions must be stored:

50 years if it is completed by office work after 01/01/2003;
75 years if it was completed before 01/01/2003.

The storage period of the schedule must be calculated from January 1 of the year following the year in which the schedule ended (Part 1, Article 17, Article 21.1 of the Federal Law “On Archiving in the Russian Federation” dated October 22, 2004 No. 125-FZ, clause 4.1 and clause 4.8 of the Instructions, approved by Order of the Federal Archive of December 20, 2019 No. 237, Letter of the Federal Archive of March 13, 2020 No. R/M-479).

What can an employer be punished for?

The employer should take the registration of work on a daily schedule seriously, as well as compliance with the procedure for remuneration according to such a schedule. Otherwise, administrative liability may follow under Parts 4 and 5 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. For example, they may be punished for failure to pay for deficiencies due to the employer’s fault or for paying for work on a daily schedule late/not in full.

If an employer, in an employment contract with an employee who works on a daily schedule, does not specify the working hours and rest hours, when they differ from the general rules of work in the company, he may be brought to administrative liability under Parts 4 and 5 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

They may also be punished for the lack of a daily schedule, if such a work schedule is established in the company, or for any violation of the procedure for drawing up a schedule (under Parts 1, 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Administrative responsibility under Art. 13.20 of the Code of Administrative Offenses of the Russian Federation may threaten an employer who violates the rules for storing the daily schedule.

Let's sum it up

The daily work schedule involves the employee performing his or her job duties continuously for 24 hours in accordance with the internal labor regulations and the terms of the employment contract.
To ensure that work in this mode does not violate the norms of labor legislation, the employer must simultaneously fulfill three conditions regarding the duration of working hours and rest time.
It is prohibited to include pregnant women, minors and some other categories of persons in daily schedules.
Payment for work on a daily schedule should take into account the time actually worked by the employee, as well as additional payments for work at night, holidays, etc.

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