Characteristics
An enterprise can establish one of the following types of work schedules according to the Labor Code of the Russian Federation:
- Daily 5-day work with 2 days off.
- Daily six-day work with 1 day off.
- Working week with days off on a rotating schedule.
These regimes are provided for in Article 100 of the Labor Code. In Art. 104 of the Code provides for the possibility of applying summarized time tracking at an enterprise.
Daily types of work schedules are in practice called single-shift.
General provisions
The working regime can be established by documents of a local nature, for example, a collective agreement or special rules, which are recorded in writing. As a rule, the papers accompanying all types of work schedules existing today are coordinated with trade union structures in order to avoid unnecessary disputes with the workforce. It is worth noting that the work and rest schedule is individual for each individual company, enterprise or organization. It fully reflects the characteristic features of the activities of a legal entity. However, at present, there are certain types of work schedules according to the Labor Code of the Russian Federation. In another way, they can be called general rules for the formation of labor regimes. In any case, any employer should take this aspect into account.
Summarized accounting
It involves taking into account a longer period than a day or a week. Such a system provides more than just time measurement. Summary accounting is considered a specific form of organizing labor activity. The minimum duration of work is a month, the maximum is a year.
The essence of accounting is that the duration of work during the day for a period on average is equal to the norm. Such a system is provided for enterprises where, due to the specifics of the activity, other types of work schedules (for example, daily or weekly) cannot be established. At the same time, the duration of time for performing professional tasks should not exceed the standard for the accounting period.
Summarized accounting can be weekly, quarterly, annual, monthly. This type of schedule is often used in construction work organized on a rotational basis at transport enterprises.
The maximum duration of a shift with such time accounting is not limited by law. In practice, it ranges from 8 to 12 hours.
ZUP: types of work schedules. Single shift mode
Next, it is advisable to consider all of the currently existing types of work schedules separately. In accordance with a single-shift or regular work schedule, the majority of citizens carrying out certain activities on the territory of the Russian Federation work. This working mode is the most common relative to other types of work schedules. It is worth noting that recording of working time for this mode can be carried out in accordance with days, weeks or for a certain period of time on a cumulative basis (for example, for 3 months in the case of hazardous work).
When introducing daily accounting, any work activity that goes beyond the boundaries of a certain standard is considered overtime work (Article 99 of the Labor Code of the Russian Federation). It is important to keep in mind that the employer may set the following number of working days:
- 5 days per week.
- 6 days per week.
- Sliding work and rest schedule in accordance with a pre-formed schedule.
- Summarized accounting of hours worked (this is very convenient in case of part-time work).
The minimum time period that is considered an accounting period, when established at an enterprise, is one month, the maximum is one year. In the case of such accounting, the employer undertakes to monitor the daily standard. It shouldn't be much different from standard employment. For example, if at an enterprise 1 day is equal to 7 hours of labor activity, then the schedule generated by summary accounting will tend to the same figure. It should be noted that the principle of total calculation is relevant for those types of work, according to which it is very difficult to comply with the general established standard. For example, in the case of working in transport, drivers, as a rule, transport goods only during certain hours, and can devote the rest of the time to themselves. In enterprises that operate continuously, a day with total accounting of operating time should be equal to or less than 8-12 hours. It is important to add that payment in accordance with this schedule is calculated based on hours worked.
Irregular mode
This system of organizing labor activity provides for the employer’s ability to periodically involve employees in performing duties outside the normal working hours. The list of relevant positions is fixed by a collective agreement or internal regulations of the enterprise.
A feature of this type of work schedule is that the employee is subject to the general schedule established in the organization, but at the request of the manager, he can be delayed to perform duties beyond the shift. A citizen can also be called to the enterprise before the start of his shift.
Important point
It is necessary to take into account that with an irregular schedule, employees can only be involved in the performance of those duties that are specified in the employment contract. This means that the employer cannot oblige the employee to perform other work, including outside the normal working hours.
Article 60 of the Labor Code expressly prohibits requiring an employee to perform duties that are not specified in the contract.
Job categories
As mentioned above, not all employees can be subject to an irregular work schedule. Types of positions may be provided not only in a collective agreement or work rules, but also in industry, regional and other regulatory documents.
An irregular schedule may apply to persons:
- Technical, administrative, economic, management personnel.
- The labor activity of which cannot be taken into account in time.
- Distributing their working time at their own discretion.
- The schedule of which is divided into parts of indefinite duration.
Duties of the parties
It must be said that when applying the provisions of Article 101 of the Labor Code, the employer does not have to obtain consent from either the employee or the trade union to engage in work beyond the standard duration. This right is initially stipulated in the employment contract.
The employee, in turn, cannot refuse to perform his duties on an irregular schedule. Otherwise, his actions will be regarded as a gross disciplinary offense.
The establishment of an irregular regime, however, does not mean that employees will not be subject to the provisions of the Labor Code on norms of rest and work time. In this regard, their involvement in work activities beyond the shift duration determined for them can only be carried out sporadically.
Additional leave
Due to the fact that with an irregular schedule, certain overtime occurs in excess of the standard length of the day, the Labor Code, as some compensation, establishes the possibility of employees receiving additional leave. Its duration is determined in the collective agreement or rules of procedure. Leave is paid and provided annually.
If such a vacation period was not provided, with the written consent of the employee, overtime is counted as overtime.
The conditions and rules for providing paid additional leave for employees of organizations financed by federal, regional, and local budgets are established by the Government, authorities of constituent entities or territorial self-government, respectively.
Sliding work schedule
This type of work mode was introduced in the 1980s. At first it was applied to women with dependent young children. Over time, this system spread to other workers.
Flexible mode is a type of work schedule in which individual employees or teams of departments are allowed to independently regulate the start, end and total duration of the shift. In this case, it is necessary to fully work out the total number of hours established by law for a specific accounting period.
The key feature of the flexible mode is that this type of work schedule is established by the employer and employee by agreement not only when hiring, but also in the process of carrying out activities. However, it can be set for a specific period or determined without specifying a period. The agreement reached between the parties is confirmed by an order.
What work schedules exist according to the Labor Code?
The law allows the use of several types of work schedules.
Single shift work day
Most employers use a one-shift schedule. Most often this is a standard regime consisting of a five-day work week with two days off or a six-day week with one day off.
But there are variations here too. For example, providing a day of rest in a sliding mode, or using summarized accounting of time worked. The latter mode involves working a varying number of hours daily. At the same time, it is necessary to ensure that the average length of the day for such workers is as close as possible to the standard regime.
When using summarized accounting, the salary may differ slightly from the established salary.
Irregular working hours
Can only be used in emergency cases. However, only certain categories of employees can be involved in this work schedule. The list of such positions must be specified in the regulatory documents of the enterprise.
In practice, this regime involves extending the normal working day due to earlier entry to work or later departure.
When using irregular working hours, the employee must perform only those functions that are specified in the Employment Contract.
Flexible working hours
Can only be applied to specified categories of employees. Most often, such a schedule is set for pregnant employees or mothers with small children, people who care for disabled people, and students.
Flexible working hours are divided into two types:
- when the employee himself determines the time of arrival and departure;
- fixed when this time is set by the enterprise.
Such a schedule can be set either for a certain period (week, month, quarter) or indefinitely.
Shift work
It is used in enterprises that, due to their specific nature, work longer than the time established by the Code . These are convenience stores or service enterprises, security and medical institutions, factories, etc.
Workers on a shift schedule must alternate shifts. You cannot involve an employee only at night. Adjacent shifts are also prohibited.
Shift mode
It is a type of shift schedule and is used in situations where an employee is not able to return to his permanent place of residence every day. Under this regime, the enterprise is obliged to provide its employees with housing. These are the so-called rotational camps.
The duration of one shift should not exceed 12 hours, and the shift itself usually does not last more than a month.
Features of application
Flexible mode is used when other types of work schedules are inappropriate or ineffective due to various reasons (domestic, social, etc.). Often it allows for more coordinated team activities.
At the same time, the use of a flexible mode is impractical in continuous production and shift work schedules (their types can be installed in both discontinuous and continuous production) if there are no free places at the shift junctions.
The flexible mode can be used for both a five- and six-day week, as well as for other modes. At the same time, the conditions for rationing and payment of wages do not change. The conditions for providing benefits, accrual of length of service, and other rights are also preserved. It must be said that the registration of work books is carried out without mentioning the mode of labor activity.
Components of a flexible schedule
To use this mode you must install:
- Periods at the beginning and end of the day within which an employee can begin and end work at his own discretion.
- A fixed period during which an employee must be at work. In terms of its duration and significance, this part of the day is considered the main one.
A fixed period allows for the normal flow of the production process and service interactions. In this case, as a rule, the enterprise sets a break for food and rest. He usually divides his working time into 2 approximately equal parts.
The specific duration of flexible schedule elements is determined by the enterprise.
Working hours
The types of sliding work schedules vary depending on the established accounting period in the organization, the time characteristics of the elements of the regime, and the conditions of their use in a particular department.
The maximum permissible length of the day (with a 40-hour week) does not exceed 10 hours. In some cases it can be within 12 hours.
Operating mode
In the global sense, an operating mode is usually called a strictly established specific order of actions at an enterprise. Most often, this concept refers to the order of work and rest. It is to the work schedule that employees take a lunch break during their shift. Most often, it is developed at the enterprise with the participation of the internal OSH (occupational safety and health service), taking into account the specifics of its activities. It should be noted that the most common operating modes are of the following types:
- Single shift mode , which, as the name suggests, involves one day shift; In this mode, working hours are always recorded. It can be daily, weekly and cumulative - it depends on the specifics of the enterprise’s activities.
- Irregular working hours , in which, in addition to the main work shift, an employee can be called to work at any time if necessary. A striking example of irregular working hours at an enterprise is the profession of a security engineer in any field. If an employee is injured, he is immediately called to the scene, regardless of where he is or what time it is. He arrives as soon as possible to complete the necessary documents and examine the accident.
- Shift work , which is the most common in most countries of the world. With this mode of operation, there are two, three or four shifts - again, everything depends on the specifics of the enterprise’s activities. In industrial enterprises, such as steel production or metal rolling, activities occur continuously, so this mode of operation is most often practiced there. Shifts can be 6, 8 or 12 hours, depending on their number.
Other types of work arrangements include rotational work, flexible working hours and split working hours, where working hours are divided into parts.
Shift work is a very specific mode of work in which workers are away from home and do not have the opportunity to travel back at the end of the working day. In this case, a so-called rotational camp is built for them, where they are provided with conditions for rest and sleep. With this mode of work, additional payment is due, as with overtime work.
The fragmented working time regime is interesting in that when it is introduced, the intensity of labor increases during peak hours and gradually decreases as they decrease. This is clearly seen in the work of the metro or urban transport. If you paid attention to the schedule of buses or metro trains, you probably saw that during rush hour they move much more intensely, as if there were more of them. In fact, this is provided for by the specific time of day (morning, evening, in the presence of large enterprises - the beginning or end of a shift, near train stations - the arrival time of a commuter train, etc.)
Flexible working hours , popularly also often called a “sliding schedule,” is used by employees who hold certain positions in the enterprise. It allows them to independently regulate the beginning and end of the working day, without going beyond the work day established by law. In this mode of operation, records are kept of the time worked by each employee in order to avoid shortcomings or abuse of their position. This is usually done by the foreman or foreman. Most often, notes are made in special cards or journals.
Prerequisites
To apply a flexible mode, the enterprise must have a clear system for recording the time worked by employees and their completion of production tasks. In addition, control over the most complete and rational use of time by each employee in both fixed and flexible periods must be ensured.
It should be noted that the use of this regime is regulated by several regulations. For example, the Order of the Ministry of Communications approved a list of employees for whom a flexible schedule may be provided.
Flexible mode
Different work schedules according to the labor code have their own characteristics. A special feature of the flexible mode is the ability to use it in combination with other methods, since this system is used only for certain employees of the company. A separate category of employees who can use a flexible schedule include people with disabilities, pregnant workers and workers caring for children and parents.
It is important to note that before implementing this system, the employer should enter into an additional agreement with the employee, which will be attached to the employment contract . The basis for the transition to this system is a written order from the company management.
The main rule when determining a work schedule is its compliance with legal norms
It should be noted that in enterprises with a continuous production process, the introduction of this system is unacceptable. In addition, the use of flexible mode in enterprises with a three-shift schedule is prohibited.
Let's look at an example of implementing a flexible schedule:
- An employee with a flexible schedule independently regulates the schedule of his working day.
- The employee signs a special log, which records the time of arrival and departure from the employer’s territory.
This mode can only be installed in those companies that use the standard working week methodology . It is important to note that the employer does not have the right to change working conditions and payment terms, since the transition to this regime is a forced measure.
Shift mode
It involves working in 2, 3, 4 shifts during the day. For example, an enterprise may have three 8-hour shifts. In this case, employees perform production tasks in different shifts over a certain period of time (a month, for example).
Such a schedule is introduced at the enterprise if the duration of the production cycle exceeds the norm for the duration of daily work. The purpose of the shift mode is to increase the efficiency of use of equipment, the volume of products and services.
When using such a schedule, each team of workers must complete production tasks during the established shift duration. For example, staff work 8 hours in a five-day week. The schedule determines the order in which an employee moves from one shift to the next. It can either be drawn up as a separate local document or act as an annex to the main agreement.
The shift schedule must reflect the requirements of Article 110 of the Labor Code on providing staff with continuous weekly rest of at least 42 hours. Inter-shift (daily rest) must be no less than double the working time in the shift preceding the rest. The law does not allow working two shifts in a row.
Employees must be familiar with the schedules for 1 month. before their implementation. Failure to comply with this requirement is regarded as a violation of the right of workers to timely information about changes in their working conditions.
The shift schedule can be day, night, or evening. A shift in which at least 50% of the time is spent at night is considered a night shift.
What does working time consist of?
Legal acts that are related to the subject of the working regime reveal the following concepts that make up its elements:
- The number of working days an employee works per week.
- Duration of work shifts and their rotation within the work schedule.
- Start and completion of work within one shift.
- The duration of the break, its beginning and end within the shift.
- Other indicators that may affect working hours.
The labor regime is formed from individual components prescribed in the Code
If we consider the operating regime in more detail, it is established within the framework of Art. 100 Labor Code:
- According to the legislation of the Russian Federation, an employee can be present during the performance of official duties in the format of a five-day week with two days off, or a six-day week with one day off. Options with a sliding weekend schedule are possible.
- The content of the internal regulations and shift schedule also records the duration of the working day, as well as its time period, the specifics of establishing a break, and the total number of shifts during the day.
- The change of working days and days off is also prescribed in the collective agreement or internal documents of the enterprise.
Labor Code of the Russian Federation Article 100. Working hours
Local acts on the labor regime and its features must comply with the Labor Code. You also need to ensure that they are drawn up in accordance with other federal laws governing labor relations, as well as collective agreements adopted at the level of a particular organization.
Shift method
This is a special form of organizing work activities outside the place of residence of personnel. The rotation method is used if, due to the nature of their work, employees cannot return home every day.
This mode is used to reduce the construction, reconstruction, and repair time of social and industrial facilities in uninhabited, remote areas, and in regions with special climatic conditions.
The specificity of the rotational method is that the personnel are accommodated in rotational camps - complexes of structures and buildings used to ensure the recreation and vital functions of personnel.
What does the law want from a sign about operating hours and what is the fine for violations?
Entrepreneurs who do manicures, sew clothes or repair cars work with consumers. Such clients are protected by the Consumer Rights Law. There are a few words about the operating hours and the sign at the entrance.
The sign indicates the company name, address and operating hours. Those who work as an individual entrepreneur add their name, OGRNIP number and the name of the tax office where they registered. These are the requirements from Art. 9 and 11 of the Consumer Rights Law.
According to the operating hours, the sign guides clients when to come and receive a service, and not to stumble upon a closed door. Therefore, it is important to open, close and go to lunch on a schedule. Or promptly change the sign.
There is no exception for mobile objects. For example, a “car service on wheels” format point is also required to post a schedule and work according to it.
There is an additional requirement for scheduling medical services. Cosmetologists and massage therapists must post the work schedule of each specialist on the website or next to the sign. This is what clause 11 of the Rules of Medical Services says.
But the law does not require that the sign necessarily indicate specific hours and days of operation. You can only accept clients for haircuts or tire fitting by appointment. In such cases, the sign says that appointments are by appointment and indicates the phone number. It is important that the client reads how to obtain the service and can contact the provider.
If an entrepreneur is closed for repairs or disinfection, a notice must be posted at the entrance. In the text, indicate the date and time when clients are not accepted. This is stated in paragraph 2 of the Household Services Rules.
In regions with two official languages, there is often a requirement for double signs. You need to look at the rules from the local law. For example, in Kazan they speak Russian and Tatar. Advertisements in the service sector should be on each of them. This is written in Art. 3 and 20 of the Law of the Republic of Tatarstan No. 1560-XII.
The information on the sign is checked by Rospotrebnadzor. Usually, inspections come based on customer complaints, less often - as planned. They do not always complain about the operating mode. But inspectors can look for violations of sanitary regulations and at the same time cling to the schedule. And this is a plus to the final fine.
Absence or non-compliance with the work schedule is punishable under paragraph 1 of Art. 14.8 Code of Administrative Offenses of the Russian Federation. Punishment ranges from warning to fine. For individual entrepreneurs, the fine is from 500 to 1000 rubles, for companies from 5,000 to 10,000 rubles.
Duration of work on a rotational basis
A shift is a general period that includes the time of work and inter-shift rest in the village. The shift can be 12 hours daily. In general, the duration of the shift cannot be more than 1 month. However, by agreement with the trade union, it can be increased to three months.
With the shift method, a summary record of time is kept for a month, quarter, or a longer period, but not more than for a year. The accounting period covers all time of work, travel to the location of the enterprise and back, and rest. The total working time should not exceed the normal number of hours provided for in the Labor Code.
Fragmented day
The division of the day into parts is regulated by Article 105 of the Labor Code. As a rule, a fragmented schedule is introduced at enterprises engaged in serving the population, passenger transport, communications, and in trade organizations.
The division of the working day is carried out by the employer in accordance with local regulations adopted taking into account the opinion of the trade union.
The law does not establish the number of parts into which a day can be divided. As a rule, it is divided into 2 equal periods with a two-hour break. It is not paid. It is also possible to establish a greater number of breaks.
For time worked under a split schedule, employees receive additional pay.
Fractured schedule
And finally, in conclusion, we will consider the last type of work regimes currently practiced on the territory of the Russian Federation and enshrined in the current Labor Code. A fragmented work schedule can be established in accordance with certain types of production or other activities. If the intensity of the work process decreases during a shift or day, then it can be divided into certain components, in other words, fragmented. It is important to note that often the establishment of the type of work schedule in question is relevant in the field of public services, at transport enterprises (as a rule, these are engaged in passenger transportation), in communications organizations, as well as in the field of trade. At the same time, the employer should not require employees to exceed the daily standard established in the working time plan. It is worth considering that this type of schedule is one way or another recorded in local documentation (this can be a labor or collective agreement) with the consent of the trade union structure.
It is important to know that the labor legislation in force in the Russian Federation currently does not indicate the number of parts into which a shift or day is allowed to be “divided.” Typically, division into two parts is used. In this case, a break between them of two hours is relevant. It is worth adding that rest hours are not paid. However, in accordance with Article 144 of the Labor Code of the Russian Federation, for such work, employees receive additional payment in the amounts determined by internal documents.
