Labor relations, as you know, are regulated by the norms of the Labor Code. Among the basic conditions of the contract between the employer and the employee, a schedule for entering the work is established. The type of schedule depends on the specifics of work.
General classification
There are the following types of work schedules for the Labor Code of the Russian Federation:
- Normal (single-shift).
- An irregular day.
- Flexible schedule.
- Shift work.
- Shift method.
- Fragmented working day.
Normal mode
It is considered the main type of work schedules . The usual mode depends on the employee’s time tracking system installed at the enterprise. That is, work schedules are distinguished by type of time :
- Daylight.
- Weekly.
- With a sum of time.
Characteristics
An enterprise may establish one of the following types of work schedules for the Labor Code of the Russian Federation :
- Daily five-day work with 2 days off.
- Daily six-day labor activity with 1 day off.
- Week-end working week on a rolling schedule.
The specified modes are provided in the 100th article of the TC. In Art. 104 of the Code secured the opportunity to apply the summarized time recording at the enterprise.
Daily types of work execution schedules in practice are called single-shift.
Summarized Accounting
It involves accounting for a longer period than a day or a week. Such a system provides not only a measurement of time. Summarized accounting is considered a specific form of work organization. The minimum duration is a month, and the maximum is a year.
The essence of accounting is that the duration of work during the day for a period is on average equal to the norm. Such a system is provided for enterprises where, due to the specifics of their activities, other types of work schedules (for example, daily or weekly) cannot be set. At the same time, the duration of the performance of professional tasks should not exceed the standard for the accounting period.
Summarized accounting can be weekly, quarterly, annual, monthly. This type of schedule is often used in construction work organized on a rotational basis at transport enterprises.
The maximum duration of a shift with such time tracking is not limited by law. In practice, it is from 8 to 12 hours.
Abnormal mode
Such a system of organizing labor activity provides for the possibility of the employer to periodically involve employees in the performance of duties outside the limits of the working hours. The list of relevant posts is fixed by collective agreement or internal company rules.
A feature of this type of work schedules is that the employee submits to the general regime established in the organization, but at the request of the head, he may be delayed to perform duties beyond the shift. A citizen can also be called to the company before the shift.
Important point
It should be noted that with an irregular schedule, employees can be involved in the execution of only those duties that are enshrined in the employment contract. This means that the employer cannot oblige the employee to do other work, including beyond the normal length of the day.
In the 60th article of the Labor Code, it is expressly forbidden to require an employee to perform duties not fixed in the contract.
Post categories
As mentioned above, not all employees can use irregular work schedules. The types of posts may be provided not only in the collective agreement or the rules of procedure, but also in industry, regional and other regulatory documents.
An irregular schedule may apply to individuals:
- Technical, administrative, economic, managerial personnel.
- Labor activity which cannot be taken into account in time.
- Distributing their working hours at their discretion.
- The schedule of which is divided into parts of indefinite duration.
Duties of the parties
It must be said that when applying the provisions of Article 101 of the Labor Code, it is not necessary for the employer to obtain consent either from the employee or from the trade union to be hired beyond the normative duration. This right is initially enshrined in the employment contract.
The employee, in turn, cannot refuse to fulfill his duties according to an irregular schedule. Otherwise, his actions will be regarded as a gross disciplinary offense.
The establishment of an irregular regime, however, does not mean that the provisions of the Labor Code on the norms of rest and work time will not apply to employees. In this regard, their involvement in labor beyond the duration of a shift determined for them can be carried out only occasionally.
Extra vacation
Due to the fact that with an irregular schedule there are certain refining in excess of the standard duration of the day, the TC, as some compensation, fixes the possibility of employees receiving additional leave. Its duration is defined in the collective agreement or the rules of procedure. Vacation is paid and is provided annually.
If such a vacation period has not been granted, by written consent of the employee, processing is considered overtime.
The conditions and rules for the provision of paid additional leave for employees of organizations funded by the federal, regional and local budgets are established by the Government, authorities of the subjects or territorial self-government, respectively.
Moving View Schedule
This kind of operating mode was introduced in the 1980s. At first, it was used for women, dependent on whom are young children. Over time, such a system has spread to other workers.
Flexible mode - a type of work schedule in which for individual employees or teams of units independent control of the beginning, completion and total duration of the shift is allowed. In this case, the full working out of the total number of hours established by law for a specific accounting period is necessary.
A key feature of the flexible regime is that this type of work schedule is set by the employer and employee by agreement, not only when hiring, but also in the process of carrying out activities. At the same time, it can be set for a specific period or determined without specifying a period. The agreement reached between the parties is fixed by order.
Application features
Flexible mode is used when other types of work schedules are inappropriate or ineffective for various reasons (domestic, social, etc.). Often, it allows you to provide a more coherent team activity.
However, the use of a flexible mode is impractical for continuous production and shift work schedules (their types can be installed in discontinuous and continuous production), if there are no empty seats at the joints of shifts.
Flexible mode can be used for five- and six-day weeks, as well as for other modes. Moreover, the conditions of rationing and payment of salaries do not change. The conditions for granting benefits, accrual of experience, and other rights are also preserved. It must be said that the registration of work books is carried out without mentioning the regime of labor activity.
The elements of flexible graphics
To apply this mode, you must install:
- The periods at the beginning and at the end of the day, within which the employee can begin and end labor activity at his own discretion.
- A fixed period during which an employee must be at work. In its duration and significance, this part of the day is considered the main.
A fixed period allows you to ensure the normal course of the production process and official interaction. In this case, as a rule, the company sets a break for food and rest. He usually divides working time into 2 approximately equal parts.
The specific duration of the elements of flexible graphics is determined by the enterprise.
Working hours
The types of rolling work schedules differ depending on the established accounting period in the organization, the time characteristics of the elements of the regime, the conditions for their use in a particular unit.
The maximum allowable day length (at 40-hour week) does not exceed 10 hours. In some cases, it can be within 12 hours.
Mandatory conditions
To apply a flexible regime at the enterprise, a clear system of accounting for the time worked by employees and the fulfillment of their production tasks must be established. In addition, control should be provided for the most complete and rational use of time by each employee in a fixed and flexible period.
It should be noted that the application of such a regime is regulated by several normative acts. For example, the Order of the Ministry of Communications approved a list of employees for whom a flexible schedule may be provided.
Shift mode
It involves labor activity in 2, 3, 4 shifts during the day. For example, an enterprise can have three shifts of 8 hours each. At the same time, employees during a certain time period (month, for example) perform production tasks in different shifts.
Such a schedule is introduced at the enterprise if the duration of the production cycle exceeds the norm of the duration of daily work. The purpose of the shift regime is to increase the efficiency of use of equipment, the volume of products, services.
When applying this schedule, each team of workers must complete production tasks within the specified shift duration. For example, the staff works 8 hours during a five-day week. The schedule determines the order in which the employee moves from one shift to the next. It can be made out as a separate local document, or act as an annex to the main contract.
The shift schedule should reflect the requirements of Article 110 of the Labor Code on providing staff with continuous weekly rest of at least 42 hours. Intershift (daily rest) in this case should be not less than twice the length of working time in the shift preceding the rest. Legislation does not allow two shifts in a row.
Employees should be familiar with the schedules for 1 month. prior to their implementation. Evasion of this requirement is regarded as a violation of the right of workers to timely inform about changes in their working conditions.
The shift schedule can be day, night, evening. A shift in which at least 50% of the time falls at night is considered, respectively, nightly.
Shift method
This is a special form of organization of work outside the place of residence of the staff. The shift method is applied if, due to the specifics of the work, employees cannot return home daily.
This regime is used to reduce the construction, reconstruction, and repair of social and industrial facilities in uninhabited, remote areas, in regions with special climatic conditions.
The specificity of the shift method lies in the fact that the personnel are located in shift camps - complexes of structures and buildings used to provide recreation and staff activities.
Duration of work on a rotational basis
A shift is recognized as the general period, which includes the time of work and inter-shift rest in the village. The shift can be 12 hours daily. In general, the duration of the shift cannot be more than 1 month. However, in agreement with the union, it can be increased to three months.
In the shift method, a summarized time record is kept for a month, a quarter or a longer period, but not more than for a year. The accounting period covers the entire time of work, travel to the location of the enterprise and back, rest. The total duration of working time should not be more than the normal number of hours provided in the TC.
Fragmented day
The division of the day into parts is regulated by the 105th article of the Labor Code. As a rule, a fragmented schedule is introduced at enterprises engaged in public services, passenger transport, communications, and trade organizations.
The division of the working day is carried out by the employer in accordance with the local regulatory act adopted taking into account the views of the trade union.
The legislation does not establish the number of parts into which a day can be divided. As a rule, it is divided into 2 equal periods with a two-hour break. He is not paid. More breaks are allowed.
During the time worked out with a fragmented schedule, employees receive a surcharge.