The mode of working time and rest time is regulated by the TC. For certain types of professions and positions, industry laws additionally apply. In any case, however, the regime of working hours and rest time is enshrined in the collective agreement or regulation on the internal routine of the enterprise. A different local act may also operate in the organization. Consider the features of the modes of working time and rest time.
Working hours: classification of modes
The following modes are provided in the TC:
- Normal (single-shift).
- Irregular.
- Shift work.
- Flexible schedule.
- Shift mode.
- Fragmented working day.
Single shift mode
It depends on the method of accounting for the time of labor activity. It is fixed by the internal regulatory documents of the organization.
In normal operation, working hours can be taken into account by the day, weekly, or summarized.
Based on the provisions of Article 100 of the Customs Code, an enterprise may establish:
- a five-day week with two days off;
- six day with one day off;
- a week with the provision of days of rest according to a rolling schedule.
According to Art. 104 TC, the organization may provide for cumulative accounting.
Daily working hours in practice is called single-shift.
In the case of daily records, any work in excess of the established norm should be considered overtime. The procedure for attracting to it is regulated by the 99th article of the Labor Code.
Summarized Accounting
When using it as a calculated period, a period exceeding one day or one week is established. The minimum duration is a month, and the maximum is a year.
At enterprises or in the implementation of certain types of labor activity, if it is not possible to comply with the daily or weekly working hours by production conditions, the legislation allows the establishment of a summarized record. This is necessary so that the total duration of work for the billing period does not exceed the norm of hours.
Accounting can be quarterly, monthly, weekly, annual. It is used in the organization of the labor process on a rotational basis, in organizations that provide transport services.
In the case of summarized accounting, the maximum duration is not provided by law. However, in practice, the maximum duration is usually 8-12 hours.
Irregular schedule
In this mode of working time, employees, by order of the head of the enterprise, may occasionally be involved in the performance of duties beyond the normal duration of the shift fixed by law. A collective agreement, rules, special provision or other local act establishes a list of specific posts for which an irregular schedule may be provided.
The specificity of such a working time regime is that the employee is subject to the general procedure for engaging in work. However, at the request of the employer, he may be delayed at work to fulfill his duties after the end of the shift or be called to the company before it begins.
Important point
It should be noted that in case of irregular working hours, employees can perform only those duties that are established by the contract and job description. It is impossible to oblige personnel to perform any other tasks, including after completion or before the start of the shift. The provisions of Article 60 of the Labor Code generally do not allow the involvement of a citizen in the performance of duties not specified in the contract.
For whom can an irregular schedule be set?
The Labor Code states that in this regime categories of employees fixed in a special list may work. This list should be attached to the collective agreement, the provision on the features of the working time regime or other local act of the organization. The list can also be fixed in regional, sectoral and other agreements.
An irregular schedule can be set for employees:
- managerial, technical, administrative, economic personnel;
- the time of work which cannot be taken into account;
- distributing working time at their discretion;
- whose change is divided into parts of different durations.
In case of an irregular schedule, the employer has the right to involve employees in overtime work without obtaining consent from them. Of course, these should be cases of extreme industrial need. At the same time, workers cannot refuse such labor activity, otherwise a gross violation of discipline will be recorded.
Guarantees for employees
The establishment of an irregular schedule for employees does not mean that they are not subject to the general norms of the Labor Code, which regulate the features of the working time regime and the specifics of providing leisure.
An irregular schedule involves certain processing. In this regard, the TC establishes the obligation of the employer to compensate for them by providing additional leave (annual and paid). Its duration is established by a collective agreement, regulation or other local act, but should not be less than 3 days (calendar). If such leave is not granted, processing (with the consent of the employee) may be compensated as overtime work.
Flexible working hours
It was first introduced in the 1980s. At first, such a regime worked for employees with children. Subsequently, its effect spread to other categories of workers.
A flexible schedule involves such an organization of labor activity in which for some employees or teams of departments (divisions) self-regulation of the beginning, completion and total duration of a shift (day) is allowed (within a pre-agreed framework). In this case, it is necessary to fully develop the total number of hours established by law during the billing period. It can be a day, a month, a week, etc.
The features of the working time regime are that work schedules are established by agreement of employees with the employer. Moreover, they can be determined when enrolling in the state, and in the course of labor activity. The agreement can be concluded for a specific period or without indicating any period. To establish such a schedule, an order is adopted on the features of the working time regime. It should indicate all the conditions under which employees will carry out their professional activities.
Scope of application
A flexible schedule is advisable to use in cases where, for social, domestic or other reasons, it is difficult to use normal working hours. Changing the accounting system will allow a more economical use of the day and ensure well-coordinated work of the team.
It is impractical to introduce a flexible schedule for continuous production, with three-shift operation, as well as with a two-shift mode, if the company does not have free places at the joints of shifts.
This mode can be used both at 5- and 6-day weeks. Its application does not affect the conditions of standardization and payment of employees, the provision of benefits, calculation of length of service and other labor rights. This mode of working time is perfect for teachers, employees of cultural and leisure institutions.
Key Elements of Flexible Graphics
At the beginning and end of a shift, a time is provided within which the employee, at his discretion, can begin and complete the performance of his duties. This period is the first element of a flexible schedule. The second component is fixed time. During it, the employee must be at the enterprise. In its duration and significance, this time is considered the main part of the day. In essence, an employee performs part-time duties.
The establishment of a fixed period allows us to ensure the normal course of the production process and official interaction.
In addition, there are two intervals that allow you to work out the standard hours established for the estimated period:
- Break for food and rest. As a rule, he divides a fixed period into parts approximately equal to each other.
- The accounting period for which the employee must work out the standard hours established by law. It can be a month, a week, etc.
Duration of periods
The head of the enterprise sets the specific duration of the elements of flexible schedule at his discretion. Flexible schedules can be made depending on the accounting period, the duration of each element, the conditions for their implementation in each individual unit.
Typically, with a 40-hour week, the maximum permissible shift duration cannot be more than 10 hours. But in exceptional cases, the maximum duration of employees in the organization can be 12 hours.
Legal requirements
Employees for whom flexible schedules are established may be involved in overtime work. In such cases, the rules enshrined in Article 99 of the Labor Code apply to them.
A prerequisite for the introduction of a flexible mode of operation is the organization of accurate time tracking, the completion by each employee of the production task set for him, and the control of the full and rational use of time both in a flexible and a fixed period.
Shift work
It involves working in 2, 3, 4 shifts for one day. For example, at an enterprise, employees can work in three shifts of 8 hours. At the same time, over a period of time, they perform duties in different shifts.
It is advisable to introduce such a schedule in organizations where the duration of the production process is longer than the permissible duration of daily work. Shift mode allows more efficient use of equipment, increase the volume of products or services.
With a shift schedule, each group of employees fulfills duties within the established shift duration according to the plan. When compiling it, the employer must take into account the opinion of the union.
Shift schedules
They can be formed as independent documents or be annexes to the collective agreement. The shift work schedule, the model of which is presented above, should reflect the requirement of Article 110 of the Labor Code for the provision of continuous weekly rest for employees (at least 42 hours). Inter-shift (daily) rest cannot be less than twice the duration of work preceding it.
Schedules are communicated to employees one month prior to implementation. Violation of this period is recognized as an infringement of the right of workers to timely notification of changes in working conditions. The legislation does not allow the involvement of employees in two shifts in a row.
Shift mode
With this form of organization of the labor process, the fulfillment of duties is carried out outside the place of residence of workers. However, it is not possible to ensure their daily return home.
Shift mode is used when the production facility is significantly removed from the location of the employer. With it, you can significantly reduce the duration of construction, reconstruction. In addition, such a regime can be used in territories with special climatic conditions.
A feature of shift work is that the staff lives in specially created villages. They are a complex of structures and buildings intended for public services and ensuring the livelihoods of workers during the execution of their production tasks. Labor activity is carried out by shift employees.
Watch duration
It is enshrined in law. The period in which the time of completing the production task directly at the facility and inter-shift rest in the village is recognized as a shift. One shift can last up to 12 hours in a row daily. At the same time, the total duration of the shift, which includes both the period of labor activity and the rest time, cannot be more than 1 month.
In exceptional cases, the duration can be increased up to 3 months. However, for this it is necessary to take into account the opinion of the union.
Shift time tracking
For work in such conditions, according to the legislation, a surcharge is charged.
In the shift mode, a summarized time recording is introduced for a month or a longer period, but not more than for a year. The billing period covers the entire time of work, being on the way from the location of the tenant or collection point to the facility and vice versa, rest provided in this time period. The total duration of working time cannot be more than the normal number of hours fixed by the TC.
Fragmented day
The separation of working hours is regulated by the provisions of Article 105 of the Labor Code. In organizations where there is such a need due to the specifics of production conditions, as well as with uneven intensity of the process during the shift, the day can be fragmented. This is necessary so that the total duration of the operating time does not exceed the duration established by the standards.
As a rule, a fragmented regime is used at enterprises whose activities are related to public services: transport, trade organizations, etc.
Time relax
It is the employer's responsibility to establish periods during which employees are relieved of their duties. Workers are entitled to use such time at their own discretion.
The legislation provides for the following types of recreation:
- Break during the shift / day.
- Intershift (daily) rest.
- Weekends.
- Paid annual leave.
- Holidays.
During the shift, the employee is given a break for food and rest. Its duration cannot exceed 2 hours and be less than 30 minutes. The break is not included in working hours.
The specific length of the period for food and rest is determined by the local regulatory document or agreement between the employer and the employee.
If the working conditions do not allow you to allocate time for a break, the employer must provide food and rest during production activities.
Common Cases of Failure
In practice, the following violations of the provisions of the Customs Code governing the regime of work and rest are most often allowed:
- Lack of internal company rules, vacation schedules, shift periods and other important documents at the enterprise.
- Failure to provide employees with paid annual leave for more than 2 consecutive years, as well as additional periods of rest for employees performing duties in harmful / dangerous conditions.
- Replacing unused vacation with a cash payment.
- Involvement in labor activity at night, overtime, on a weekend / holiday without the written consent and medical conclusion of women with young dependents (up to 3 years), workers with disabled children.
Another common violation is the non-payment of monetary compensation for unused vacation upon dismissal of an employee.