Mode and schedule of work: all the principles of the correct organization of the work schedule. Shift schedule, limitations of its application

"Shift work schedule Labor code hour rate" - an actual search query from accountants. In our article, we will consider issues related to the shift schedule, summarized accounting of working hours, and other nuances.

Shift work as a type of employment under the Labor Code of the Russian Federation

Having objective reasons, the employer may establish a shift work regime for employees, which is permitted by Art. 103 of the Labor Code of the Russian Federation.

As objective reasons, labor legislation names such criteria of the production process as:

the length of the production cycle is greater than the maximum duration of daily labor determined by law;
intensification of the use of production equipment to increase the output of finished products.

Example

As an example, let's take the process of manufacturing products on a continuous cycle conveyor line. Production equipment in this case must work around the clock, including Saturday and Sunday - the traditional days off. This mode of equipment loading creates a need for a similar work schedule for workers employed in production. Thus, the described production process requires the introduction of a shift work regime.

The shift work schedule assumes the employment of groups of workers in the process of work. Each group provides maintenance of the production cycle within the normal working hours in accordance with the shift schedule.

Shift schedule, limitations of its application

The shift schedule is a local regulatory act that determines the working conditions of workers who work in shifts. The development of this document, as well as its approval and mandatory communication to the attention of workers employed in the labor process on a shift basis, is the responsibility of the employer.

In Art. 103 of the Labor Code of the Russian Federation it is noted that, as a general rule, the shift schedule is part of the collective agreement, therefore, it must be agreed with the representative body of workers (Article 372 of the Labor Code of the Russian Federation). In the absence of a collective agreement and / or a representative body of employees, the shift schedule in the form of a separate legal act is approved by the head.

The shift schedule must necessarily contain the essential conditions for working in shift mode:

number of shifts for the accounting period;
the duration of working time per shift, the time of its beginning and end;
breaks for rest and meals;
daily and weekly rest time;
shift rotation schedule.

When drawing up a shift schedule, labor law analysts propose to be guided by the current provisions of the Guidelines for the organization of multi-shift work of industrial associations (enterprises) of industry, approved by the USSR State Labor Committee (Moscow, 1988).

In the example above, it is logical and efficient to use the shift schedule of 4 teams that work in the following mode: 3 teams provide a workflow around the clock in 3 shifts of 8 hours, the fourth one has a rest.

IMPORTANT! If the employment contract with the employee contains a condition on shift work, the employer is obliged to notify him of the shift schedule for the next accounting period at least a month before its start (Article 103 of the Labor Code of the Russian Federation).

So, in our example, the shift schedule is a tool created by the employer to ensure a work cycle that is technologically longer than the maximum duration of daily work determined by law. This entails the need to work in the evening and at night.

Labor legislation, protecting the rights of the employee, introduces certain restrictions on the use of labor in the evening and at night and, as, indeed, with any mode of working time, requires an established ratio of work and rest time.

The Labor Code of the Russian Federation establishes the following restrictions:

Art. 103 prohibits the involvement of 2 shifts in a row;
Art. 96 prohibits the use of the labor of pregnant women and workers under 18 at night (according to the Labor Code of the Russian Federation, this is the period from 10 pm to 6 am), and limits the possibility of using the labor of disabled people, persons with family responsibilities in relation to young children and other persons, requiring their written consent to work at night, provided that it is allowed by them for medical reasons.

Norm of hours for shift work, summarized accounting of working time

Labor legislation normalizes the normal duration of the working week - no more than 40 hours in the general case. A shorter week and a shorter duration of daily work are enshrined in the Labor Code of the Russian Federation for certain groups of workers due to their age, health status, training, and employment at work with harmful or dangerous working conditions (Articles 92, 94 of the Labor Code of the Russian Federation). These standards are generally applicable, including for shift work.

What applies to harmful and dangerous working conditions, see the article "Dangerous and harmful production factors (list)" .

However, it is often difficult for employers who practice shift work of workers to maintain the principle of a normal working week of no more than 40 hours. This is due to the specifics of the production process. In this case, Art. 94 of the Labor Code of the Russian Federation allows the employer to use the summarized accounting of working hours.

When calculating hours worked, a month, quarter or year is taken as the base period. This period for calculating the number of working hours is called accounting. The time spent by the employee on the performance of labor duties in the accounting period should not exceed the normal number of hours of the working week, a multiple of the number of weeks.

Therefore, when applying the summarized accounting of working hours 1, a separate shift may differ in duration both up and down. But in general, the number of hours worked for the period of time taken as the accounting period should not be more than that established for this period, subject to the normal duration of labor.

The form for recording working hours and the procedure for filling it out, see the article "Time sheet - form T-13 (form)" .

The Labor Code of the Russian Federation limits the duration of the accounting period: it cannot be more than 1 year. The application of the summarized accounting of working hours affects the fundamental rights of the employee - to work and rest. That is why it should be formalized by a separate local legal act of the employer or by a regulation on internal regulations.

Results

Some production processes (continuous, technologically complex or having long production cycles) require the organization of work in shifts. With a shift work schedule, it is difficult to maintain the normal duration of work per working week (40 hours). Therefore, with such a mode of labor, the Labor Code of the Russian Federation allows for the possibility of a different definition of the norm of working time. This rate is set for a specific accounting period (month, quarter or year).

You can get acquainted with practical solutions to complex payroll issues on our forum. For example, you can read about examples “from life” and ask your question.

Mechanical movement is represented graphically. The dependence of physical quantities is expressed using functions. designate

Graphs of uniform motion

Time dependence of acceleration. Since the acceleration is equal to zero during uniform motion, the dependence a(t) is a straight line that lies on the time axis.

Dependence of speed on time. The speed does not change with time, the graph v(t) is a straight line parallel to the time axis.

The numerical value of the displacement (path) is the area of the rectangle under the speed graph.

Path versus time. Graph s(t) - sloping line.

The rule for determining the speed according to the schedule s(t): The tangent of the slope of the graph to the time axis is equal to the speed of movement.

Graphs of uniformly accelerated motion

Dependence of acceleration on time. Acceleration does not change with time, has a constant value, graph a(t) is a straight line parallel to the time axis.

Speed versus time. With uniform motion, the path changes, according to a linear relationship. in coordinates. The graph is a sloping line.

The rule for determining the path according to the schedule v(t): The path of the body is the area of the triangle (or trapezoid) under the velocity graph.

The rule for determining the acceleration according to the schedule v(t): The acceleration of the body is the tangent of the slope of the graph to the time axis. If the body slows down, the acceleration is negative, the angle of the graph is obtuse, so we find the tangent of the adjacent angle.

Path versus time. With uniformly accelerated movement, the path changes, according to

Estrogen-progesterone deficiency b

If the temperature in the second phase does not rise either on its own, or with prayers, or with the persuasion of girlfriends, if the temperature difference in phases 1 and 2 is no more than 0.2–0.3 °, this may indicate estrogen-progesterone deficiency.

estrogen deficiency

If the basal temperature jumps like a March hare, large fluctuations in temperature are noticeable - which means that a woman may have estrogen deficiency. A qualified gynecologist should simply demand to be tested for hormones, examined by ultrasound, and only after such manipulations prescribe drugs.

Hyperprolactinemia

The hormone prolactin is known to be responsible for pregnancy. Due to the increase in this hormone (the body seriously thinks that it is pregnant), the basal temperature graph may be similar to that of a pregnant woman. Menstruation, just like during pregnancy, may not be.

Inflammation of the appendages

Another reason for the rise in temperature in the first phase is inflammation of the appendages. Then the temperature rises only for a few days to 37 degrees, after which it falls again. It is difficult in these charts because such an increase masks the ovulatory rise.
In the first phase of the cycle, the temperature from 11 to 15 days is kept at around 37 degrees, the rise occurs sharply and falls sharply. An increase in temperature on the 9th day can be mistaken for an ovulatory rise, but in fact it is more indicative of inflammation. Therefore, it is very important to measure the temperature throughout the cycle in order to exclude such a scenario: the temperature rose as a result of inflammation, then fell again, then rose due to ovulation.

endometritis

The temperature in the first phase should normally decrease with menstrual bleeding. If a woman's temperature at the end of the menstrual cycle drops to menstruation and rises again to 37 degrees after the onset of menstruation, then this may indicate the presence of endometritis. Characteristic is the drop in temperature before menstruation and increase with the beginning of another cycle. If there is no drop in temperature before menstruation in the first cycle, that is, the temperature is kept at this level, pregnancy can be assumed, despite the onset of bleeding. You should do a pregnancy test, contact a gynecologist who will do an ultrasound to make a diagnosis.

Some enterprises, for objective reasons, cannot organize their work in such a way as to provide employees with days off on the same days. Then you have to change the mode of work for the entire staff or specific employees. One option would be a sliding mode.

It is necessary to distinguish between working on a staggered schedule and flexible or shift work. There are important differences that relate not only to accounting for hours worked, but also to remuneration for work. Therefore, it is important to know the features of a rolling schedule, the nuances of its preparation, as well as legal ways to transfer an employee to it.

Sliding schedule according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation (Article 100), an entrepreneur can set one of 4 types of workweek for staff.

Five days of work, two days off on the same days for everyone, usually at the end of the week.
Six working days with one fixed day off for all staff (most often Sunday, but other days of the week are also possible).
Working week with an incomplete number of hours (not for the entire team).
Flexitime.

There is no separate section of the Labor Code of the Russian Federation devoted to a rolling schedule, but it is mentioned in the context of the types of workweek in Article 100.

sliding mode they call such a schedule in which rest days are not fixed, move and fall on any day, including public holidays; at the same time, the total duration of the accounting period (week, month, quarter) should be identical to the usual schedule.

INFORMATION NOTE! Flexible work schedule is regulated by art. 102 of the Labor Code of the Russian Federation, and work in shifts - Art. 103 of the Labor Code of the Russian Federation.

Sliding schedule: specifics

What does the expression "chart slides" mean? Within the framework of such a regime, the days intended for rest “move” along the calendar. This does not happen randomly or at the choice of the employee, but is fixed in advance by a plan. For example, in one week the employee rests on Wednesday and Friday, and the next - on Tuesday and Thursday.

Remains relevant in sliding mode time tracking, summing up the hours worked for a particular period selected for accounting. The time cycle for which the working hours will be added up is set individually at each enterprise, which is fixed in the local regulations of the company: it is legitimate to choose a week, month, quarter or even a year for this purpose.

IMPORTANT! The amount of time worked cannot exceed the amount of hours provided for by law, that is, 40 per week in terms of the accounting period. If the hours worked, which turned out to be less due to the fault of the scheduler (the employee is “underloaded”), the rate must still be paid in full.

Drawing up a rolling schedule

An employee cannot be imposed a certain mode of work without his consent. Possible options for the legal application of a staggered schedule provide for the goodwill of the employee and his consent to this form of employment. Let's consider them.

Flexible scheduling for employment. If a person is hired for a job that is characterized by a rolling schedule, his right is to agree to such working conditions or not. He should read about this feature of his future regime in the employment contract. By signing this document, he thereby assumes the obligation to comply with the schedule established for him.
Installing a sliding schedule. It happens that the mode of transferring days off is caused by production necessity, then the authorities must notify the employee about this and obtain his consent in writing. The change of the schedule is carried out by drawing up an additional agreement to the employment contract.
Appointment of working days and days off. In the sliding mode, the schedule is drawn up for the period selected by the accounting period. For preliminary acquaintance of employees with it, it is no longer necessary to observe certain deadlines. It is sufficient if the schedule is known before the accounting period. The employee no longer has the power to change it at his own discretion or refuse to go to the workplace on any days. However, in order to avoid conflicts and difficult situations, it is advised to acquaint the staff with the upcoming regime in advance, preferably a month in advance.

Everyone has a day off, and you have a work schedule

If your schedule is rolling, forget that usually the weekend falls on the weekend. It may turn out this way, or it may not - it all depends on how the schedule was planned. If Saturday or Sunday turned out to be intended for work, nothing can be done, this is a feature of a rolling schedule. They are considered regular workdays and are paid accordingly. An additional day of rest is not provided. The employee does not have the right to refuse to go to his workplace on this day.

NOTE! Some types of employees, such as mothers of toddlers under three years of age, have advantages over work schedules. But not in those cases when their signature is under the consent to the sliding mode: there are no exceptions for them, that is, they will have to work on any day of the week that turned out to be working according to the schedule.

And what about the holidays?

Official non-working days adopted within the country are also by no means always days off for workers on a sliding regime.

Art. 113 of the Labor Code of the Russian Federation prohibits assigning work on these days, however, there are exceptions to this law:

the inability to suspend work due to production needs;
work related to servicing people, provided for by the relevant list (for example, transport employees, doctors, emergency responders, etc.);
the signature of the employee himself, indicating his consent (taking into account the opinion of the trade union).

If an employee with a staggered schedule falls on a public holiday, they will have to work it out. But the status of a holiday cannot be canceled, so it should be paid at a double rate or provide an additional day off on some other day (by agreement).

Employee Benefits

On holidays, if they turned out to be working, employees with special statuses have the right to refuse to work:

disabled people;
mothers of children up to three years of age.

For them, it is better to plan the work schedule so that they do not have to work on official holidays. But if for some reason it is difficult, and they themselves do not mind going on a work shift on such a day, this is possible, if it is not contraindicated for them for health reasons. At the same time, the authorities must enlist their signature on the document that they are aware of their right to refuse.

ATTENTION! An additional order, which is usually issued to attract employees to work on holidays, is not needed in this case: its role is played by a signed agreement on a rolling schedule or its establishment under an employment contract.

Flexible, changeable or sliding

In business and personnel practice, these concepts often cause confusion and confusion.

We see that they are regulated by various articles of the Labor Code, which means that they have serious differences in documenting, payment and accounting approach.

Comparison with flexible schedule

Sometimes the terms "flexible" and "sliding" charts are used interchangeably. In some legislative acts, especially those that have not undergone significant changes since Soviet times, this is directly reflected in the title, for example, Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 06.06.1984 No. conditions for the use of a sliding (flexible) work schedule for women with children.

However, these two types of graphs cannot be identified. It would be more correct to say that any is a sliding one, but not any sliding schedule is necessarily flexible.

Sliding and changeable graphics

The shift schedule is characterized by continuous production and a work shift of several shifts per day. The output in this mode also shifts, which is the reason why it is confused with the moving one. But with a shift schedule, the weekend shift occurs when the total accounting of working time for the accounting period shows processing (part 3 of article 111 of the Labor Code of the Russian Federation).

Differences between a sliding schedule and a flexible and shift schedule

The main distinguishing features of these three types of working time organization are shown in Table 1.

№	Base	Flexitime	Flexible schedule	Shift work
1.	Start and end of the working day	According to work schedule	Can be rescheduled at the discretion of the employee	According to shift schedule
2.	Holiday work	Full-time, if it falls on the schedule, is usually paid	In agreement with the employee	Paid at double rate or compensated for extra days off
3.	Time tracking	Total - for the reporting period should not exceed the number of hours established by the Government.
4.	Introduction to the chart	There are no specific time frames	Negotiated between employee and employer	Not less than a month
5.	Is it possible to refuse to work on a certain day	It is forbidden	Can	Can be replaced by another working day (“swap shifts”)

In general, an employee works from Monday to Friday and rests on Saturday and Sunday. If a six-day period is introduced for him, then he rests only on the last day of the week. But a sliding schedule is also possible, in which case the days of rest in different weeks will be different, and they will be determined by the schedule.

The rolling chart is one of the working hours for staff. It is characterized by the fact that rest days are not fixed on certain days of the week, they are constantly moving. In particular, it is quite acceptable to assign them to holidays. A prerequisite is that the total amount of time worked in duration must be the same as with a different schedule.

The sliding mode assumes that on a certain week, an employee can rest, for example, on Monday and Wednesday, and on another week, on Thursday and Friday. In this case, the corresponding days for all weeks are set by the schedule in advance. The participation of the employee himself in determining his own days of rest is not provided, the schedule is drawn up for his personnel working in this way only by the enterprise.

A rolling schedule should not be confused with shift or flexible schedules. It is somewhat similar to them, but they are different concepts. Shift work involves working in several shifts, while the employee has to work in different shifts on different days.

Flexible scheduling allows staff to manage their own time, provided that they end up working the right number of hours.

All these types of work regime are described by various articles of the Labor Code. At the same time, a flexible work schedule has a number of advantages for the employer.

Applying a sliding chart

It has been established that a rolling schedule can only be applied to those employees who have agreed to it. It was previously mentioned that the schedule itself can be drawn up independently, providing employees with days of rest according to a schedule published without their participation, however, the general approval of such a regime by the employee is necessary for himself.

A rolling schedule can be entered:

In the future, a schedule is set in advance for the time period that is accounting for this enterprise, it can be a month, a quarter (three months) or a year. At the same time, a mandatory requirement is put forward to familiarize employees with this schedule before the start of this period. The employee, having learned his further regime, is obliged to comply with it. At the same time, although such an obligation is not provided, it is recommended to resolve conflicts communicate the schedule to employees in advance. It is desirable that a month before the start of the accounting period, they know what days they will rest.

In addition, it has been established that with an incorrectly drawn up schedule, when it turns out that an employee has worked less time than expected for a certain period, the employer is obliged to pay him the full salary. This is also the reason why the schedule should be prepared in advance and checked for correctness.

Forms of the working week with this mode of operation

A rolling chart can take several forms:

Five days (5/2), in this case, the employee works five days every week, and rests two, which all the time fall on different days. According to the Labor Code of the Russian Federation, a general rule is established according to which two days off must go in a row, but this requirement is not mandatory.
Six days (6/1)- similar to the previous one, only 6 working days. In this case, the day off can fall on any day.
Seven day work week with a total duration of 39 hours with a 2/2 schedule - another option with rolling holidays.

At the same time, it is mandatory to comply with the condition of uninterrupted rest lasting 42 hours during a single week.

It also provides for the possibility of such a regime for personnel who work part-time with the number of working hours 24, 35 or 36 per week.

Weekends and holidays

The rolling schedule means that on standard weekends employee will work as normal, if these dates do not fall on a scheduled weekend. There are no benefits for a number of categories, including mothers of children under three or single parents of children under five who otherwise enjoy privileges.

The presence of a signature under an employment contract or an addition to it is a sufficient basis for further involvement in work.

At the same time, in relation to this particular regime, there is no rule on the need to coordinate its application with the local trade union body. In this case, only the consent of the employee is required.

Holidays are more difficult. If the scheduled working days fall on holidays, then according to the established rule, you need to work at this time. The Labor Code, prohibiting work on holidays, introduces a number of exceptions. Among them is the case when an employee provided his signature confirming his consent to work on such days.

In this case, an employee with a staggered schedule is not entitled to double pay or to an additional day off. Payment is made at the standard rate.

At the same time, for holidays, unlike regular weekends, there are benefits for persons with special statuses, including:

disabled people (without specifying the group);
mothers with children under three years of age.

It makes sense to make rolling schedules for employees of these categories in such a way that so that the holidays are days off for them. If their schedule still provides for the need to work on some of these dates, then a certain order of access should be observed. Such employees need to obtain a certificate from a medical institution that work at such a time is not contraindicated for them.

Also they required to sign the document, which certifies that they have been notified in writing of the right to refuse to work on a holiday if, in accordance with the staggered schedule, they are supposed to work on that day. This document does not become a substitute for an employment contract with this employee, in which it is established that he generally agrees to a rolling schedule, but is an addition that allows you to use a disabled person or a mother of a small child on a holiday.

Advantages and disadvantages for employee and employer

Flexitime beneficial for employees who do not need to rest on Saturday and Sunday. For such employees, the opportunity to rest from time to time on different days of the week will be a plus. This advantage is especially significant if the employer draws up a schedule taking into account the wishes of employees, although it was indicated above that such an obligation does not exist for him. On the contrary, for employees who, due to their circumstances, need to have free days off, such a schedule is unlikely to be suitable.

For employers, in turn, a rolling schedule has a number of advantages, due to the fact that there are fewer requirements for it if the employee is transferred to it. Yes, in this case the employer is not obliged to reduce the employee's night shift by one hour, unlike shift work. Also, unlike her, he does not need to notify employees about the transition to this mode in advance a month. There are no time limits in this case. Likewise, an employee cannot

A working day on a holiday with a flexible schedule is paid at the standard rate, and not as agreed with the employee or at double the rate, as in other cases.

How to schedule work

The staggered schedule often results in shortfalls or overtime compared to the standard number of working hours per week. Therefore, the rational solution is organization of summarized time tracking. It makes sense to count the number of hours that an employee worked in a similar mode during a month, quarter or year. This procedure is introduced by local regulations.

As you can see, the rolling schedule is a mode of operation similar to several others (flexible and shifting), but ultimately different from them. In this case, the employee during the week receives the set number of days off- either one or two, if they work on a six-day week, which fall on different days.

This schedule provides a number of advantages to the employer. The latter can involve subordinates to work on weekends and holidays without additional payment. Night shifts do not need to be reduced by one hour. There is also no obligation to notify employees of their schedule in advance. Finally, to work on this schedule can involve all categories of employees, it is enough to obtain their consent when concluding an employment contract or draw up an addition to it. Permission from trade unions is not required.

For your attention, interesting information about how a flexible schedule can improve the lives of employees.