Labor time is the period during which the employee fulfills his duties. Every employer and worker knows that the period of work must be strictly observed, and the excess of his term must be paid. In organizations, the working time regime is established by legal regulations, internal labor regulations and collective agreements.
Types of modes
Everyone knows what normative act sets the working hours. Like other features of employees, it is governed by the provisions of the Russian Labor Code. The norms of this act establish the following types of labor periods:
- ordinary single-shift;
- irregular day;
- flexible schedule;
- shift method;
- fragmented day.
Each of the types of labor regime has features both in calculating time and in payment.
Normal one-shift work
Single-shift work depends on the system of periods of work established in the organization. There are three types of this mode:
- Daylight.
- Weekly.
- Summarized.
According to the norms of Article 100 of the Russian Labor Code, in the organization the usual regime of the working period is established in one of two forms: five-day work and two days off or six-day work with one fixed or changing day of rest.
If the accounting of periods of labor is considered daily, work in excess of this norm is overtime.
Summarized accounting of labor time
This type of time tracking provides for a period of more than a day or a week. Its function is to measure the period of work of employees. Summarized accounting is carried out for a minimum of a month, and a maximum of a year.
The essence of this calculation is to ensure that the duration of labor in the accounting period is equal to the norm of one day of work. It is divided into weekly, monthly, quarterly and annual. Most often, such options are used when working on transport, on duty, etc.
As for the pedagogical workers, the working hours are established for them during the vacation period and during the training period according to the same rules. The calculation of the work period is carried out in such a way that the duration of the labor time according to the results of the month does not exceed the normal number of hours established by the production calendar. If deviations are found in the calculation, they are paid as overtime work.
Summarized accounting for the duration of work does not imply determining the maximum duration of one shift. Often it takes from eight to ten hours. The use of this type of accounting is common in organizations operating around the clock.
Irregular
The irregular working hours are established in organizations where it is occasionally necessary to involve individual workers in the performance of their functions outside the normal duration of the work period. Attracting employees to work is carried out only on the basis of the order of the head of the organization.
The list of posts for which an irregular work schedule may apply is fixed in the collective agreement, agreements or internal labor regulations.
The irregular working hours in the organization are set for positions whose representatives are subject to the general work schedule, but may be delayed at work beyond the shift (or come earlier). This is necessary to fulfill its function at the request of the head. The working hours in educational institutions are established for the same reasons.
It is impossible to attract employees for other work in your free time. They can only be entrusted with the performance of their immediate duties. According to the norms of the Russian Labor Code, not all employees are involved in overtime work, but only a number of specialists, the list of which is established by a special act of the organization, regional or industry agreements.
An irregular work schedule applies to the following categories of employees:
- personnel of managerial, administrative, economic and technical type;
- employees distributing work periods independently;
- workers with non-calculated duration of labor;
- employees whose work day is split into two or more parts.
If the staff is included in this list, the rules of article 101 of the Russian Labor Code determine that the involvement of such workers is allowed without their consent and approval of the trade union.
The activities of pedagogical workers are often irregular. At the same time, the working hours during the holidays are set for employees of educational institutions in advance, along with the preparation of curricula.
Often, when working in an irregular mode, employees receive compensation in the form of days off. In addition, such employees are granted additional leave, the duration of which (from three days or more) is established by the provisions of the collective agreement or the rules of the internal labor schedule.
If this type of vacation is not specified in local documents, processing is paid as overtime work. This is provided for in article 119 of the Russian Labor Code.
Flexible mode
Flexible working hours are established for certain categories of workers (for example, women with children). Such a work schedule is a form of work organization in which individual specialists or structural divisions of the company themselves determine the start and end times of the working day, as well as its duration. An important condition for the use of a flexible mode of operation is the full development of the total working time for the accounting period (for a day, week, month, etc.).
The main element of this type of work is moving graphics. They are determined by agreement between employees and the head during employment and during work. The document may be urgent or unlimited. The establishment of a moving schedule is fixed in the order of the employer.
For pedagogical workers, the working hours during vacation time are set in the usual format. But exceptions are allowed. If for some reason it is not possible to work according to the usual schedule, the schedule may change during the absence of children.
Flexible working hours are set by the manager. The performance of a work function according to a rolling schedule does not affect the availability of benefits for the employee, the features of accrual of seniority, remuneration, etc.
Flexible routine elements
Flexible working hours are set with certain restrictions. The schedule throughout the working day is rolling, and the employee determines when to start work. At the same time, there is a fixed period of time that a person must be at the workplace.
The presence of a specified period helps to ensure a normal production process. At the same time, an employee with a flexible schedule, as well as other employees, is provided with breaks for rest and meals, and by the end of the month he must work out the norm of hours.
The duration of all elements of the sliding regime and the accounting period is set by the employer. At different times, indicators may vary. During a forty-hour workweek, the duration of the work time usually does not exceed ten hours (sometimes twelve).
In some cases, workers of the educational sector are also set to a sliding mode of working hours during the vacation period. For any field of work, there are three options for flexible mode:
- A working day as an accounting period - involves the development of hours on the same day.
- Labor week - being at the workplace, time established within a week.
- The working month is the development of a monthly norm.
When applying one of these modes when working part-time (or under another condition of part-time work), the production rate is adjusted depending on the individually calculated rate for a week or a month.
To attract employees with a flexible schedule to work overtime, it is necessary to comply with the rules of article 99 of the Russian Labor Code.
In order for the use of a flexible regime of labor time to be lawful, it is necessary to ensure accurate accounting of the worked time and fulfillment of established production tasks by each employee, as well as to establish control over the most rational and full use of labor time by each employee during a fixed or flexible period of work.
It is important for employees and employers to know what act establishes the flexible working hours. For example, in relation to workers in the field of informatization and communications, order No. 112 of September 08, 2003 applies.
Shift mode
A shift of working hours is established in organizations in which the duration of production processes exceeds the established norm for the duration of daily labor, if an increase in the period of activity allows more efficient use of equipment or increase the volume of manufactured goods or services.
Work on shifts involves performing the functions of an employee for a certain amount of time at different times of the day. The most common division is the division of the day into shifts of seven to eight hours.
In the process of using the shift regime, employees are assigned the responsibility to fulfill the specified amount of work during the shift in accordance with the schedule drawn up by the management. To change shifts, the employer draws up a separate document.
In the process of making shift schedules, the employer is guided by the rule of law and takes into account the views of trade union representatives in the organization. The document is an independent paper or is attached to the collective agreement.
When drawing up shift schedules, the requirements of Article 110 of the Russian Labor Code are disclosed, revealing the features of providing an employee with continuous weekly rest of at least 42 hours. Rest between shifts should last for two shifts.
Employees are introduced to the work schedules a month before their implementation. If this requirement is violated, the employer is considered a violator of the rights of workers. The legislation distinguishes three types of shifts: daytime, nighttime and evening.
If more than half of the working time falls on the period from 22 to 6 in the morning, the shift is considered to be night. Its duration is one hour less than daytime and evening.
Shift work
If the location of the worker is located far from the employee’s place of permanent residence, and the employer cannot provide him with a daily return home, such a worker is set to the following working hours - shift.
This option is used in cases where it is necessary to finish construction in a short time, to carry out repairs or reconstruction of social or industrial facilities in uninhabited or remote areas, as well as in areas with special climatic conditions.
An important feature of the work on a rotational basis is accommodation in separate villages representing a complex of special-purpose buildings and residential buildings. These buildings are designed to ensure the normal functioning of employees in between shifts.
Legislation establishes the duration of the shift. The total period of stay in a remote territory should not exceed thirty days. The duration of one shift, as when working in the city, is no more than twelve hours in a row.
According to the provisions of article 299 of the Russian Labor Code, the duration of a shift can be extended up to three months, if approved by the organization’s union. Work on a shift is paid at a higher rate.
Watch schedules are approved by the head of the organization. In this case, the opinion of the trade union is taken into account. The term for bringing this information to employees is no later than two months before the start of the shift.
The employer is required to keep a time sheet for each employee for months and for the accounting period. During processing, the hours are accumulated and summed up for further transfer on additional days of rest.
According to the norms of Article 298 of the Russian Labor Code, it is forbidden to involve the following employees in shift work:
- Younger than eighteen years old.
- Women during pregnancy.
- Persons with medical contraindications regarding shift work.
- Women with children under three years.
Fragmented operating mode
Few people know what a fragmented work schedule is, and what local act establishes this type of working time. Article 105 of the Russian Labor Code determines that the division of the labor regime of the day is applied in organizations with a special nature of work or with varying intensity of activity during the shift.
In the fragmentation of the working day, the duration of the total period of labor should not exceed the established time standard. Most often, such a separation is applied in the areas of public services (for example, in passenger urban transport, in trade, in the communications sector).
The duration of work, as in previous cases, should be within the prescribed period during the day. The division of the working day into parts is fixed by the local regulatory act of the organization with the participation of the trade union.
Often a day is divided into two halves, a break between which is approximately two hours. The employer has the right to increase the number of breaks. These periods are not included in the payment.
If such a regime of working hours is established for all employees, surcharges are paid to the basic salary (according to article 144 of the Russian Labor Code).
In 2002, the Russian Government approved the Decree on the specifics of the hours of work and rest of employees with a special type of activity. This document establishes that in accordance with the provisions of Article 100 of the Code, such features are established by the federal executive authorities together with the Ministries of Labor and Health.
Regulations governing the division of the working day
Now in Russia there are several acts enshrining the features of the regime of activity of certain categories of employees. For example, for workers in the pedagogical sphere, the regime of working hours during vacation time is established by Decree of the Russian Government No. 191, approved on April 3, 2003.
The periods of work and rest of drivers of motor vehicles are regulated by order of the Ministry of Transport No. 15, approved on August 20, 2004.
An order of the Ministry of Railways No. 7 of March 05, 2004 was developed for railway workers. This act affects the features of the work and rest regime of those categories of workers who directly work with rolling stock.
The specifics of the periods of labor and rest of employees in the sphere of extraction of precious metals and stones from ore and placer deposits are recorded in the order of the Ministry of Finance No. 29n, approved on April 2, 2003.
The Federal Agency for Fisheries developed order No. 271 of August 08, 2003 for fishery complex workers. This act affects the features of the work and rest of those categories of employees whose activities are of a special nature.
Establishing a duration of work regime is the responsibility of all managers. Incorrect scheduling or untimely familiarization of employees with them can lead to conflicts with employees and union representatives.