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A fragmented working day. The need to divide the working day into parts. Formation of an additional agreement

At some enterprises, significant changes in labor intensity are often recorded within one work shift. Depending on the field of activity and profile of production, its scale and the number of employees involved, the company may introduce a split working day.

The concept of a divided working day, its legal basis

A split schedule is a way of performing work duties by an employee, in which the shift is divided into specific time intervals, between which there are breaks of a fixed duration. Wherein total amount the actual hours worked per day should not exceed the standard rate.

In Art. 105 of the Labor Code of the Russian Federation are determined general terms and Conditions the actions of such a mode in the workflow. At the same time, the Labor Code of the Russian Federation does not regulate the maximum or minimum number of fractional parts of one work shift, as well as their duration.

However, as practice shows, employers often prefer to divide the shift into two parts with a break of more than 2 hours. Also, if the focus of the enterprise assumes more frequent stops in the production process, then the breaks are determined in greater numbers.

In order to determine whether the working day is fragmented, it is necessary to determine the nature of the break. So, a break for rest and eating for employees - lunch break - is regulated by Art. 108 of the Labor Code of the Russian Federation. Based on the indicated article, if such a break lasts more than two hours, then the working day is considered divided. In this case, the employer in such circumstances must rely on Art. 105 of the Labor Code of the Russian Federation in the process of further labor activity.

Cases in which the division of the working day into parts is relevant

The intensity of work during one work shift can be variable. For example, production involves a large number of orders in the morning, while only a few customers remain in the evening. The division of the shift in such circumstances was created for the convenience of the management staff and the employees themselves, who will be able to be at their workplaces only when necessary, that is, if there is a specific job. The main purpose of dividing the working day is to optimize the distribution of time resources.

Representatives of such a working regime are many utilities and transport organizations.

The conditions for the application of this working time regime are described in Art. 105 of the Labor Code of the Russian Federation. These include:

  • special focus of production;
  • availability in production process changes in intensity during one working day;
  • fixing such a provision in a local regulatory document, based on the approval of trade union education;
  • the inability of the organization to work continuously for the whole working day. For example, if in the middle of a shift, a certain amount of time is allocated to cleaning the office. In such circumstances, employees are granted a break.

The employer does not have the right to apply such a regime at its sole discretion. For the introduction of such a work schedule in an organization, good reasons are needed, as well as substantial evidence that makes it impossible to carry out other activities. That is, the company must comply with the requirements of Art. 105 of the Labor Code of the Russian Federation.

Practice shows that in situations where disputes arise between the employer and the subordinate regarding professional relations, legal structures first of all, they require the provision of justifications for the divided work schedule.

Features of breaks when dividing the working day

Employees working on split work schedules are also entitled to breaks during the day to rest and eat. This is recorded in Art. 108 of the Labor Code of the Russian Federation. Such a provision is strictly mandatory for any managers, regardless of legal form organization, as well as on the mode of the working day expected in the company.

A similar period for recuperation and lunch can be used by an employee at any time during a shift. The main requirement is the time period. Thus, a standard break should last more than half an hour and less than two hours. Such a pause is not taken into account when calculating wages, and is also not included in the total working time.

Based on part 1, part 2 of Art. 108 of the Labor Code of the Russian Federation, such a break can be attached to any break provided for by a fragmented labor regime.

Unpaid breaks between parts of the working day

Break periods for split work hours are not subject to payment. At the same time, the number of parts into which one work shift can be divided, as well as the duration of each break between parts, is determined by the head of the company and is recorded in a local regulatory document. The ability of the manager to independently determine such a situation is recorded in Art. 8, Art. 22, art. 105 of the Labor Code of the Russian Federation.

The most common option is to split one shift in two, with one unpaid break of more than two hours.

There are also separate regulations governing private professions and the procedure for their work with a divided work schedule. In particular, separate rules are provided for the following professions:

  • drivers public transport(trams and trolleybuses);
  • bus drivers operating on intercity routes.

It is important to remember that if the division of the working day is provided for by industry standards, then taking into account the provisions of such documents is necessary when drawing up local documents.

Existing Split Day Surcharges

The fragmentation of one work shift causes inconvenience for subordinates who have to leave workplace to return there in a few hours. Such circumstances are the reason for providing the subjects with additional payment for labor in a fragmented labor regime.

The payment procedure and the amount of additional charges are fixed by a local regulatory document or in a collective agreement. Also, in accordance with Art. 149 of the Labor Code of the Russian Federation, this issue can be regulated individually, that is, indicated in labor agreement with a specific subordinate.

It should be understood that the supplement is compensation payments that are not included in the salary. The amount of such payments is determined based on specific situation, the specifics of the activity and work of the employee himself. The amount of the additional payment is determined as a percentage of the employee's salary or rate.

Art. 149 of the Labor Code of the Russian Federation suggests the following amount of additional payments to specific groups of workers:

  • women working in the agricultural sector are entitled to an additional 30% of the established wages;
  • citizens working in housing and communal organizations are also entitled to 30%;
  • to the management office of Russian Railways - 30%.

In this case, the employer does not have the right to establish a smaller mark-up in terms of volume. However, the amount of compensation interest can be increased based on the wishes of the employer.

The employer may be held liable for the issuance of a surcharge in a smaller amount. Thus, an employee has the right to file a relevant complaint with the labor inspectorate. The regulation of this situation will be based in its order on Art. 357 of the Labor Code of the Russian Federation.

If, upon the fact of the inspection at the enterprise, corresponding violations were revealed, administrative responsibility will be imposed on the company's employees, based on Art. 5/27 of the Code of Administrative Offenses of the Russian Federation:

  • for officials - from 1,000 to 5,000 rubles;
  • for legal entities- from 30,000 to 50,000 rubles.

The procedure for registering a divided working day

The algorithm for organizing a split working day is as follows:

  1. Drafting of a local normative document, based on which the employer will be able to regulate the order of the working regime with divided working hours.
  2. Submission of the draft document to the trade union service. After consideration by the trade union of the project, a decision is made.
  3. Approval of the document, its official publication.
  4. Providing subordinates with the opportunity to familiarize themselves with the document, having received their signature as proof of the implementation of the specified action. Also, if necessary, employees should explain the details and details of the new regime.
  5. Drawing up additional agreements with subordinates. This document is intended to record the divided work schedule in relation to each employee in particular.

Thus, the employer does not have the right to single-handedly decide on the use of such a labor regime. He also needs to obtain the consent of the trade union, which must make sure that the adopted adjustments do not negatively affect the employees, and also do not violate their rights.

Splitting the working day into parts for drivers

The division of the working day, in particular, is typical for the drivers of regular transport... This is due to the driver's need to adjust to the bus schedule, which is determined by the head of the organization. passenger transportation... Thus, the working period, which includes all travel of the employee, may exceed the legal limit. However, receive an overtime allowance or is not possible due to the fact that:

  • total overtime must not exceed 120 hours per year. Trips between cities are carried out daily;
  • Art. 101 of the Labor Code of the Russian Federation, it is determined that the use of an irregular schedule only for a short-term need (for several days) is prohibited.

In these circumstances, the shift schedule is also difficult, since it is problematic to determine the normalized shift. In addition, work for two work shifts in a row is prohibited by law, but, as practice shows, there is a place to be. So, when a driver makes one trip, he waits for the required amount of time (often more than 2 hours), after which he makes a new trip.

The optimal solution is to use a split work schedule, since the mode of operation of drivers falls under the provisions of Art. 105 of the Labor Code of the Russian Federation.

The nuances of this work regime for drivers are:

  1. The break between parts of the work shift must begin no later than the first five hours from the beginning of the working day.
  2. When the gap in working hours reaches more than 4 hours, the employee has the right to take a break in the first part of the shift. In this case, the duration of the break cannot be less than 15 minutes.
  3. The time interval between the working parts should not be more than two hours. It does not take into account the break for food and rest, which is legally set for the subject.

So, for the registration of such a work regime, the employer must obtain the written consent of the driver. In other cases, the involvement of a subject in such activities is illegal.

Thus, the split work schedule is used to optimize the use of working time. This is typical for enterprises that have large fluctuations in work intensity. To draw up such a schedule, the employer needs to obtain the consent of the employees and the trade union body.

- the measure to which the employer resorts in the event that during the day the employee's work is required only from time to time. Let's look at the example of drivers, how it looks and how it is regulated by labor law.

How the working day is divided into parts for drivers

One of the clearest examples is the work of drivers. In particular, this is actively practiced for those of them who operate regular buses on suburban and intercity routes. The point is that drivers must obey the bus departure schedule established by local passenger transport enterprises. As a result, the span covering all trips can exceed the standard for a 40-hour week with 5 working days and 8 hours a day. At the same time, neither overtime (Article 99 of the Labor Code of the Russian Federation), nor an irregular day (Article 101 of the Labor Code of the Russian Federation) can be applied, because:


It is possible to use a shift schedule with the summarized accounting of labor time, however, with this mode of operation, it is rather difficult to draw up a schedule. In addition, work for 2 shifts in a row is unacceptable by law, but in practice it is quite real - for example, when the driver made one trip, then waited a couple of hours and went on another, because there was no employee to replace him between shifts.

The way out is division of the working day into parts, because in this case, due to the non-working period, the total number of hours worked per day does not exceed the norm established by law. At the same time, the personnel services of transport and other enterprises, carrying out division of the working day into parts for drivers, it is necessary to be guided by both art. 105 of the Labor Code of the Russian Federation, and specifically by the regulation approved by the order of the Ministry of Transport of the Russian Federation "On approval of the Regulation on the specifics of the working time regime ..." dated 20.08.2004 No. 15. In particular, clause 13 of the above regulation, speaking about the working day for drivers, indicates that with the consent of the employees themselves, it is allowed to divide the working time into 2 parts in such a way that their total duration does not exceed the established norm.

It is important to consider the following points:

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  1. The gap between both parts must begin no later than 5 hours after the start of the shift.
  2. If the gap is more than 4 hours, the driver has the right to count on rest breaks in the first part of the work (the duration of each break is at least 15 minutes). This rule applies, however, only to drivers on urban and suburban routes (i.e., not intercity).
  3. The gap between parts of the working day is no more than 2 hours. This time does not include either the lunch break or the rest time. An increase in the break up to 3 hours is allowed if there is an appropriate agreement for the industry, a local act and the employee himself has agreed to such conditions.

The need to obtain the driver's consent is easily explainable: during the break, it is not taken into account and is not paid, while the employee is deprived of the opportunity to go about his personal affairs. That is why it is important that he himself is satisfied with this mode of operation.

Splitting the day for electric and metro drivers

With regard to drivers who drive not buses, but trams and trolleybuses, another normative act is in force - the regulation approved by the order of the Ministry of Transport of the Russian Federation "On the approval of the Regulation on features ..." dated October 18, 2005 No. 127. The main differences from dividing the working day into parts for bus drivers in this case, the following points are:

  1. The break between both parts of the day should start no later than 4 hours later.
  2. Break duration: no more than 2 hours - during the day and no more than 6 hours - at night. There are no lengthening options, but lunch and rest times are not taken into account (as with bus drivers on commuter and city routes).
  3. During the break at dividing the working day into parts the driver must be provided with a place to rest.

In case if it comes not about drivers, but about metro drivers (although the essence of their work is the same - control of passenger electric transport), clauses 17 and 18 of the regulation approved by the order of the Ministry of Transport of the Russian Federation "On approval of the Regulation on the peculiarities of the regime ..." dated 08.06.2005 No. 63 are already in force. According to these norms, division of the working day into parts metro drivers are made according to the following rules:

  • either 1 break is introduced for 2 hours, or 2 - for an hour;
  • rest and meals during the break are included;
  • for workers employed in locomotive crews at dividing the working day into parts at night, the break between parts cannot be less than 2.5 hours.

Conditions and procedure for registration of the division of the working day

Download the employment contract form

In order for the employee to work in the mode dividing the working day into parts, the following conditions are required:

  1. Labor must be of a special nature. This has already been covered at example dividing the working day into parts in the case of drivers, but the same applies, in particular, to office and industrial cleaners. It is extremely inconvenient for them to be engaged in their work while other employees are working, therefore division of the working day into parts for them it is a natural solution to the problem.
  2. The intensity should be uneven throughout the day (shift). Roughly speaking, an employee works well for several hours at the beginning and several hours at the end of the day, and does nothing the rest of the time. Naturally, the employer is not eager to pay him all the time.

Moreover, in any case, for dividing the working day into parts it is required that the company has adopted a local act of appropriate content. Usually, the division is made on the basis of a local regulation approved by the employer after agreement with the trade union or other body representing the interests of workers. Also, information about this is entered into the employment contracts of employees working in this mode.

Download the order on the division of the working day

In some cases, at work (where it is necessary due to the special nature of work, and also if the intensity of work is not the same during the working day (shift)), the working day can be divided into parts so that the total working time does not exceed the established duration of daily work ... Such a division is made by the employer on the basis of a local normative act, adopted taking into account the opinion of the elected trade union body of this organization.

Work in such conditions is compensated for, as a rule, by increased pay, established by agreement of the parties.

Time relax

The concept and types of rest time

Rest time refers to the time during which the employee is free from performance job responsibilities and which he can use at his own discretion.

The types of rest time are:

Breaks during the working day (shifts);

Daily (inter-shift) rest;

Weekends (weekly uninterrupted rest);

Non-working holidays;

Holidays.

Breaks during the working day (shifts)

Breaks during the working day are subdivided into:

Break for rest and meals;

Break for heating and rest;

Breaks for feeding a child (for women with children under one and a half years old);

Technological breaks (for persons working on certain types of equipment, machinery, office equipment, etc.).

Daily (inter-shift) rest

As a general rule, the duration of daily uninterrupted rest should be at least twice the duration of the working day before rest. An exception to this rule is allowed for persons working on a rotational basis, car drivers, seafarers (at least 12 hours).

Continuous weekly rest. Weekend

The duration of weekly uninterrupted rest must be at least 42 hours.

The calculation of the duration of weekly uninterrupted rest is made from the moment of the end of the work shift on the eve of the weekend and until the start of work on the next (after the weekend) day.

With the summarized accounting of working hours, the duration of weekly uninterrupted rest should be observed only for accounting period(about the features of the working hours and rest hours of employees civil aviation see the order of the Ministry of Transport of Russia dated January 30, 2004 N 10).

With a five-day working week employees are given two days off a week, and with a six-day working week - one day off.

The provision of days off per week is mandatory for the employer. Sunday is considered a general day off. As a general rule, with a five-day working week, the weekend is Saturday and Sunday, with a six-day week - Sunday.

If a day off and a public holiday coincide, the day off is transferred to the next working day after the holiday.

For persons working on a six-day work week or other modes, Saturdays coinciding with holidays are business days. Weekends are not rescheduled.

Article 262 of the Labor Code of the Russian Federation provides for the right of one of the parents of disabled children under 18 years of age (or persons replacing them) to the provision of four additional paid days off per month, which can be used by one of the named persons or shared by them among themselves at their discretion.

Women working in rural areas are given, at their request, one additional day off per month without pay.

The general day off is Sunday. The second day off in a five-day working week, if it is not determined by legislation, is established by internal rules. As a rule, both days off are provided in a row.

In a five-day work week, the second day off is usually Saturday. If, according to the terms of production, the provision of a second day off on Saturday is impossible, then in accordance with the shift schedules and the rules of the internal labor schedule, another day of weekly rest is established.

In organizations where the suspension of work is impossible due to production and technical conditions or due to the need for constant continuous service to the population, as well as in other enterprises with continuous production, days off are provided on different days of the week to each group of employees in turn.

The employer independently decides on what schedule his hired specialists will work. Often a division into parts of the working day is required, and usually this need is due to various changes in production activities firms. This procedure consists in the fact that the change of the employee is divided into several parts. Small breaks are allowed between these parts.

The essence of the regime

Irregular working hours are used by many company executives, and most often it occurs in manufacturing enterprises... By dividing the working day, it is possible to effectively manage labor resources.

The duration of the work and rest parts is established on the basis of an agreement between the employee and the employer. But the total length of the working day cannot exceed the norm in the legislation.

The law does not contain information on how many minimum or maximum parts the working day of a hired specialist can be divided into during one shift. Most often, company leaders prefer to divide the shift into two parts, as a result of which there is a single break between them. Its duration can vary from 1 to 3 hours.

When is separation allowed?

According to the Labor Code of the Russian Federation, the division of the working day into parts is allowed only if some requirements are taken into account. The procedure can be performed in the following situations:

  • labor activity differs in a specific nature, for example, work in schools or other institutions where students not only study, but also live permanently;
  • in the company, employees are faced with different work intensity during one day, for example, in transport organizations.

In the above situations, it is imperative that one shift of an employee be divided into several parts. But after completing this process, it is not allowed that the total duration of work exceeds the norm per day.

During the division into parts of the working day, the employer should be guided by local laws and internal regulations. Basic information on the rules for carrying out this process is contained in Article 105 of the Labor Code.

What parts is the shift divided into?

Most often, such a division is applied to bus drivers who travel on special routes, as well as to representatives of other similar professions, since certain breaks are established between routes or the performance of certain work.

The break between work is maximum 3 hours, but at the same time the total amount of time that a citizen has to spend at work cannot exceed the norm established in the Labor Code.

Separation surcharge

Most often, employees are interested in pay. The division of the working day into parts requires the head of the company to provide certain additional payments to employees for inconveniences. Such difficulties are associated with the fact that for some time citizens have to leave their workplace in order to resume their work activities in a few hours.

Compensation can be set by the state or by the direct employer, which is enshrined in the employment contract. For this, the head of the company issues a corresponding order in the company. Payments received cannot be part of the salary.

Most often, compensation for the division into parts of the working day is assigned to the following employees:

  • women working in the village, but only on condition that their break is longer than 2 hours, therefore, an additional payment is assigned equal to 30% of the average earnings;
  • workers in the housing and communal services sector, artisans or specialists working in the field of consumer services, and for them the amount of additional payment is 30%;
  • heads of railway structures.

If the separation process is carried out on the basis of an industry agreement, then the employer should be guided when issuing a content order of this document... The surcharge cannot be lower than the amount specified in this agreement.

When is the working day necessarily divided?

There are situations when the employer necessarily uses irregular working hours. Specific professions are determined by different regulatory documents... For example, in the Order of the Ministry of Communications, the following specialists are indicated for whom the work shift is divided:

  • head of the post office;
  • an operator engaged in the issuance or acceptance of items and telegrams;
  • operators responsible for postal deliveries;
  • postmen;
  • sorter of letters;
  • equipment electricians;
  • help desk telephone operators.

The shift for drivers is necessarily divided, for which a special provision is formed directly in the organization on dividing the working day into parts. This also includes metro workers and specialists from educational institutions, where students stay around the clock. Therefore, employers must take into account the nature of the work of their employees in order to establish an optimal working schedule for them.

Drawing up an internal regulation

If it is required to divide the working day of a certain specialist into several parts, then this procedure should be correctly formalized by the head of the company. Initially, a special local act is drawn up in the company, on the basis of which an irregular working day is established.

This regulatory act must include the following information:

  • how many parts the specialist's working day is divided into;
  • for which employees of the company such changes are envisaged in the work schedule;
  • total working hours;
  • break start and end time;
  • the date when the transition to the new schedule will occur;
  • the period of validity of the new regime;
  • other important points related to the work of a hired specialist.

This documentation is approved by the head personnel service companies. Additionally, the act is submitted to the trade union for study. Union representatives can make various adjustments to this document.

As soon as the act is approved, then all employees who are affected by this documentation are familiarized with its content, and the procedure is performed against signature.

Formation of an additional agreement

Dividing the working day into parts for drivers or other employees is considered a complex process that involves a significant change in the working conditions of citizens. Therefore, the employer must correctly draw up such adjustments. For this, an additional agreement to the employment contract is drawn up with each employee for whom the work schedule is changed.

This agreement necessarily states that the citizen is transferred to a divided work shift. For this, a corresponding order is issued in advance by the head of the company.

Features of work

The mode of dividing the working day into parts has many nuances. These include:

  • any citizen working officially has the right to a break, the duration of which can range from half an hour to two hours;
  • the time is set between different parts of one shift by the head of the company;
  • it is required in advance to obtain permission to split the shift from the trade union;
  • by all means, the company issues an internal act on the basis of which employees' working time is divided into several parts;
  • the employer must ensure that the rights and interests of the firm's employees are fully respected.

If union representatives agree with all the changes being made, then they must draw up a written consent within 5 days after receiving the act. If there is no response during this time period, the company can approve the act without the consent of the union body.

The trade union can make changes if any clauses of the existing act violate the rights or interests of employees.

Paid and unpaid periods

The employer can decide for himself what the internal regulations of his employees will be. Therefore, a work shift can be split into a different number of parts. By law, only periods of rest and meals can be paid by management, and in other situations, payment is not provided.

Based on Art. 108 TC indicates that all people should have a break for meals. It is set at any time of the shift, and it is at least 30 minutes. The employer may not pay for this period.

There are also paid breaks, for example, if a specialist works in the cold, then periodically he must rest in a heated room. The employer must not only pay for these breaks, but also provide conditions for a comfortable rest.

If a division of the working day is carried out for existing employees, then employers often impose additional payments to reduce the negative consequences of such changes. Tax is paid from them and funds are deducted to various funds.

How is the work paid?

The divided work shift is distinguished by some peculiarities in terms of payment. Therefore, the head of the company takes into account the following nuances:

  • long breaks between separate parts of the shift are not paid, unless otherwise provided by an employment contract or an additional agreement drawn up between the director and the hired specialist;
  • to compensate for the inconvenience of citizens, it is required to assign an additional payment for separation;
  • on the basis of Art. 149 of the Labor Code, the amount of such compensation is determined by the direct manager of the company, for which the provisions of the employment contract and supplementary agreement, as well as the regulations of the company and the state are taken into account;
  • these payments cannot be part of the salary, since they are added exclusively to compensation.

Practice shows that company leaders rarely offer compensation payments to their employees.

What documents are drawn up?

The division into parts of the working day is considered a complex process, during which the head of the company is required to prepare many different documents. These necessarily include:

  • Internal regulation. The rules for its compilation are given in Art. 22 and Art. 105 of the Labor Code of the Russian Federation. With its help, it is possible to make the necessary changes to labor contract employees of the company. It specifies the exact conditions, terms and numbers on the basis of which the working day is split. The number of divisions, the exact time and duration of the breaks, and the amount of the surcharge, if appointed by the director, are given.
  • Trade union permission. It is drawn up within 5 days after the receipt of a sample normative act, on the basis of which changes will be made to the employment contract of employees. If during this period the document is not drawn up, then the company has the right to make the necessary changes to the work shift without the consent of the trade union.
  • Schedule for dividing the working day into parts. On the basis of this document, all employees for whom changes are made are familiar with the mode of their future work. Usually a schedule is drawn up for the entire company, and during the formation of this document it is relevant to use examples. The division of the working day into parts should not affect the rights and interests of employees.
  • Supplementary agreement to labor contracts. Since the division of the work shift leads to significant change working conditions, then such adjustments will certainly be officially recorded. For this, an additional agreement is drawn up with each employee. It indicates which parts the shift is divided into, what surcharge is assigned for this, and other significant conditions are prescribed.

The absence of even one of the above-mentioned document is the basis for the forced cancellation of the decision of the company's management by the labor inspectorate or the court.

What should employees do if their rights are violated?

Quite often the working day of citizens is divided by the employer into parts with numerous violations. For example, workers' rights are not taken into account or permission is not requested from the union. Under such conditions, hired specialists can use following methods solutions to the problem:

  • filing a complaint with labor inspection or the prosecutor's office;
  • contacting union representatives to different methods influenced the employer or contacted state organizations on behalf of employees;
  • filing a claim with the court, and the court has the right not only to cancel the decision made by the employer, but even to recover from him compensation for moral damage.

If each employee understands his rights and obligations, he will be able to defend his interests in court or when applying to state supervisory institutions.

Conclusion

For many workers, it is necessary to divide the work shift into several parts. The process should be formalized with the simultaneous preparation of different official documents.

Long breaks are not paid by the employer, but the employer can assign an additional payment for specialists, provided by compensation. It cannot be part of the salary.

Secures the employer's right to establish a regime for dividing the working day into parts, which is implemented under the following conditions:

The special nature of work in organizations (for example, the implementation pedagogical work in educational institutions with round-the-clock stay of students, pupils; in animal husbandry - this is milking, feeding animals, caring for sick animals and other similar work);

Production of work, the intensity of which is not the same during the working day (shift) (for example, in transport organizations).

2. Application of the regime of division of the working day into parts is possible subject to the requirement that the total duration of working time cannot exceed the stipulated duration of daily work.

3. Having given the employer the right to establish a regime for dividing the working day into parts, the legislator referred all other issues of regulation of such a regime to the sphere of local regulation.

4. The local normative act on the division of the working day into parts is adopted by the employer, taking into account the opinion of the elected body of the primary trade union organization.

We believe that the issues of applying the regime of dividing the working day into parts can be considered as an independent local regulation and internal labor regulations.

5. At the organizational level, it is determined:

How many parts a working day can be divided into. In practice, the working day is divided into two parts with a break of no more than two hours. More breaks are possible. These breaks are not charged. The lunch break is included in the indicated breaks;

Positions of employees with a regime of division of the working day into parts;

The amount of the duration of the parts into which the working day is divided, the amount of the duration of the break between them;

The term for which a split working day is introduced (or the term is not specified), etc.

6. In practice, employees with the regime of division of the working day into parts are provided with additional payments of a compensatory nature.

7. With regard to some categories of employees, the regulation of the division of the working day into parts is enshrined in by-laws of the ministries.

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