An example of a sliding work schedule according to the Labor Code of the Russian Federation in 2021

A little theory

An example of a staggered work schedule is the organization of work for guards - on weekdays the premises only need a security guard at night, but on general weekends his presence is required 24 hours a day. Taking into account the existing standards for the ratio of working and free time, it is rational to schedule employees’ trips to work in advance and immediately for a long period of time (but not more than 1 year). What does flexible work schedule mean? This is a work regime in which floating weekends must be arranged in the calendar taking into account the mentioned standards, so that there is no overtime. The most commonly used schedule is 2 working days every 2 days off. This employment system is regulated by Articles 100 - 105 of the Labor Code of the Russian Federation and local regulations of the organization. It must be prescribed in the internal labor regulations of the organization (ILR).

Work on holidays with a staggered schedule

Working on weekends and holidays under any work schedule is prohibited (Article 113 of the Labor Code of the Russian Federation), however, there are exceptional cases of being hired to work:

written consent of the employee;
prevention of disasters, accidents, property damage;
carrying out work related to serving the population (the work of doctors, representatives of the media and transport sector, theater groups, etc.);
inability to interrupt the work process at the enterprise;
urgent repair work.

What is scheduled work?

To introduce a flexible system, the employer must approve the accounting period, frequency and duration of working hours, and enshrine them in internal regulations. In this case, work according to the schedule in accordance with the Labor Code of the Russian Federation will comply with legal norms, and the employer will be able to establish a sliding schedule according to the system:

5/2 – with an 8-hour shift, two days off can slide, moving from generally accepted days to other days of the week;
2/2 – with this regime, people can work 12 hours a day;
6/1 – when one day off is transferred to any day of the week, depending on production needs.

What is a flexible work schedule?

A flexible schedule is a special method of allocating time for a company's employees.

Important! Many people mistakenly believe that this concept assumes that the citizen himself decides when and how much time he will spend on work tasks, but in fact, it is the company that regulates this issue.

This method of work is prescribed in Art. No. 102 TC, and here the main features of using a sliding schedule are indicated:

it is formed exclusively after reaching an appropriate agreement between the head of the company and the potential employee;
in certain situations, this method of distributing working time is used without the knowledge of the company’s management, since the need for this may be prescribed in various regulations;
It is allowed to use it only if there are appropriate objective reasons.

Important! This type of schedule is usually used after the employer comes to an agreement with the potential employee.

Labor Code of the Russian Federation, Article 102. Work in flexible working hours
When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.
The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others).

You can see how an employee works with a staggered schedule in this video:

Legal regulation

There are several regulations that provide important information regarding the rules and application of the rolling schedule. These documents include:

Art. 100 Labor Code, which carefully describes how working hours are formed at different enterprises;
Art. 101 of the Labor Code concerns irregular working days;
Art. 102 of the Labor Code describes the concept of a sliding schedule, and also describes its nuances and features;
Art. 103 TC talks about the shift schedule;
Art. 104 of the Labor Code contains data on recording the working time of employees;
Art. 105 of the Labor Code provides information on how employers are allowed to divide working time.

Labor Code of the Russian Federation, 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.
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.

Important! Violation of the basic provisions of the above acts leads to the need to pay fines.

Example of a moving chart

This solution is usually used if the enterprise operates without days off or breaks, so several shifts of workers are required. Often such a schedule is drawn up for 2 teams and two shifts.

For example, 2 teams work on the first day in the morning from 8 to 15 hours, and the next day from 15 to 20 hours.

Additional agreement to the employment contract on the establishment of a sliding schedule.

Pros and cons of this solution

Using a flexible schedule has certain advantages:

young mothers can manage their time rationally to find time to communicate with their children;
there is a lot of free time on weekdays;
people can independently create a schedule for attending work that will be convenient for them depending on their health status or preferences;
overtime work is reduced;
the number of delays is reduced;
When using teams, it is possible to change shifts if necessary.

Important! To draw up such a schedule, the manager certainly issues a special order, which is used to form shifts and calculate wages.

The disadvantages include the fact that people cannot get used to the non-standard regime. If citizens work in a team, then the opinion of one person cannot influence the setting of working hours.

Sample additional agreement to an employment contract on a sliding schedule.

When is a moving schedule typically used?

There are certain positions in which employees are required to work on a staggered schedule. The entire list of such work is prescribed in Order of the Ministry of Communications No. 112. This includes positions:

people eliminating communications accidents;
radio communications workers;
operators.

Important! Every employer should study all these positions in advance in order to wisely allocate time for employees.

Employees working on a flexible schedule can at any time request a certificate from management, which will reflect this moment.

How to calculate time worked

Accounting for time worked in this mode is summarized (by week, month, quarter or year). It is convenient if the norm of working time per week is not maintained, but is leveled out when calculated by quarters or months. The main task of the accountant in this case is to figure out how to distribute weekends with the required time generated over a set period. The main condition is that an employee cannot have more than 40 working hours per week. In the case of using the 2/2 system with a 12-hour shift, the employee works 48 hours, which exceeds the weekly norm, which means that he must have another floating day off.

Examples

To illustrate working on a sliding schedule, let’s give the following example: watchman Ivanov works on a variable schedule, and the organization has adopted quarterly cumulative accounting of hours worked. Ivanov worked: 110 hours in January, 100 hours in February and 237 hours in March. At the enterprise where the watchman works, a 40-hour work week has been introduced, that is, the norm for the quarter is 447 hours. From the summary calculations it is clear that the norm was not exceeded.

Wording in the employment contract

In the section of the employment contract “Working time and rest time” it is necessary to indicate that “the employee is given a sliding work schedule in accordance with the schedule approved by the employer.” If necessary, you can clarify that the employee is hired not only during the day, but also at night. The length of the work week, the total number of hours and duration of one shift, its start and end time, as well as the lunch break period are indicated.

IMPORTANT!

In addition to what is specified, the employment contract must specify the total type of calculation of time worked. If an employee needs to be transferred to a floating system, an additional agreement must be concluded to this effect to the existing employment contract.

Time sheet

The timesheet records the time worked according to standard rules, in accordance with the adopted work plan. The provision of days off on a sliding schedule is based on the production needs of the organization and is not focused on generally accepted days off.

Let's figure out how weekends are paid on a sliding schedule. If a working day falls on a public holiday, it must be paid at a double rate (Article 153 of the Labor Code of the Russian Federation). Let's consider an example of a sliding work schedule according to the Labor Code of the Russian Federation:

Sometimes rotating weekdays may fall on general weekends or holidays. If working days fall according to the schedule on Saturday and Sunday, then they are taken into account in the timesheet as normal weekdays. If a working day falls on a public holiday, it is paid at a double rate (Article 153 of the Labor Code of the Russian Federation).

What is the difference between a rotating and shift work schedule?

A shift work schedule can also often be confused with a rotating one. However, the differences in these types of organization of working hours are even greater than in the case of a flexible work schedule. In particular, sliding working hours differ from shift work primarily in the following aspects:

A shift schedule is used primarily to organize a continuous, round-the-clock work process.
At the same time, a moving schedule is used quite rarely for these purposes.
Mechanisms for recording working hours during a shift work schedule most often do not provide for the use of summarized recording of working hours , but instead usually count it based on shifts actually worked.
Legal regulation. The shift work schedule is established in accordance with the provisions of Article 103 of the Labor Code of the Russian Federation, while with a sliding schedule it is by no means necessary to be guided by its standards.
Duration of working hours. Night shifts, according to the law, with a shift work schedule must be reduced by one hour, while the duration of working hours with a staggered schedule also implies the possibility of ignoring this requirement.
The need to notify employees. When introducing a shift schedule or making changes to it, the legislator establishes a mandatory requirement to notify employees about this procedure no later than one month before the changes come into force. At the same time, a sliding work schedule does not imply such restrictions.