Currently, the Labor Code of the Russian Federation provides for a number of production and work schedules. The types mentioned in the legislation speak of different ways of distributing working time. Each employer undertakes to create and establish a work schedule that does not contradict the standards of the Labor Code of the Russian Federation, as well as local documentation. In addition, the rules of labor activity of employees must satisfy the commercial or production needs of a legal entity. In this article, we consider the main types of work schedules and their features.
General Provisions
The operating mode can be established by documents of a local nature, for example, by a collective agreement or special rules, which are recorded in writing. As a rule, papers accompanying all existing types of work schedules are agreed with the trade union structures in order to avoid unnecessary disputes with the labor collective. It is worth noting that the schedule of work and rest is individual for each individual company, enterprise or organization. It fully reflects the characteristic features of the activities of the legal entity. However, there are currently certain types of work schedules for the Labor Code of the Russian Federation. In another way, they can be called general rules for the formation of labor regimes. In any case, any employer should take this aspect into account.
Legislation
So, today the types of staff work schedules are determined in accordance with the labor legislation in force on the territory of the Russian Federation. The concept of the regime of time of work and rest is discussed in detail in article 100 of the Labor Code. First of all, it refers to the length of the working week. Employees may work for five or six days. In addition, weekends can be provided according to a rolling schedule. In some situations, the establishment of a part-time week is relevant. In addition, the named article reveals how many hours a day workers can fulfill their labor duties.
Legislation and chart types
The irregular type of work schedule is consistent with article 101 of the labor law. It should be understood as a special mode of activity when individual employees are occasionally involved in work. Moreover, the schedule in this case does not depend on the main mode. This type of work schedule, as flexible, is set in accordance with Article 102 of the Labor Code of the Russian Federation. This work involves a day or a shift, the duration of which is determined by agreement (agreement) between the parties concerned.
The shift mode of operation and its characteristics are defined in article 103 of the labor legislation in force on the territory of the Russian Federation. This mode of operation is a necessity when the basic production activity does not fit into the traditional working 8-hour day. For example, the employer cannot provide a shutdown of blast furnaces or any other production cycle. The accumulation of time worked (in other words, its accounting) is based on article 104 of the Labor Code. For example, the maximum amount of employment during the week should be equal to or less than 40 hours. It should be noted that for an individual legal entity, the accounting period cannot exceed 12 months. And for employees who are engaged in work harmful or hazardous to health, keeping records is relevant for three-month cycles.
In accordance with Article 105 of the Labor Code of the Russian Federation, another type of work schedule is allowed.We are talking about dividing the work shift (day) into parts, if such a division does not cause a violation of production processes. It is important to add that this technique is implemented only in case of agreement with the trade union structures. One way or another, it is reflected in the local documentation.
ZUP: types of work schedules. Single shift mode
Further, it is advisable to consider all of the currently existing varieties of work schedules separately. In accordance with the single-shift or regular regime, the majority of citizens who carry out certain activities on the territory of the Russian Federation work. This operating mode is the most common relative to other types of work schedules. It is worth noting that the accounting of labor time for this regime can be carried out in accordance with days, weeks or for a certain period of time according to the summarized principle (for example, for 3 months in the case of hazardous work).
When introducing daily accounting, any work activity that goes beyond the limits of a specific standard is considered overtime work (Article 99 of the Labor Code of the Russian Federation). It is important to keep in mind that the following number of working days can be set by the employer:
- 5 days a week.
- 6 days a week.
- A sliding mode of work and rest in accordance with a pre-established schedule.
- Summarized accounting of hours of work (this is very convenient in case of part-time work).
The minimum time period that is considered the accounting period, when it is established at the enterprise, is one month, the maximum - one year. In the case of such an account, the employer undertakes to monitor the daily standard. It should not differ much from standard employment. For example, if at the enterprise 1 day equals 7 hours of labor activity, then the schedule formed by the total accounting will tend to the same figure. It should be noted that the principle of total calculation is relevant for those varieties of work, in accordance with which it is very difficult to comply with the general established standard. For example, in the case of labor activity in transport, drivers, as a rule, carry goods only at certain hours, and can devote the rest of their time to themselves. In enterprises that operate continuously, the day with the total time taken into account should be equal to or less than 8-12 hours. It is important to add that payment in accordance with such a schedule is charged on hours worked.
Abnormal mode
Among the existing work schedules by type of time, it is worth highlighting irregular. In this case, we are talking about labor activities that flow beyond the standard regime adopted by the enterprise. As a rule, the employer attracts only certain employees or their categories to such varieties of activity. This type of work schedule differs in a temporary (episodic) character. In this case, the list of persons who are involved in overtime work is clearly displayed in one of the local papers. It can be an internal schedule or a collective agreement.
It is worth noting that the principle of the presented labor activity is that the employee is delayed at work in connection with the request of the employer and performs the production task entrusted to him. In some cases, workers are called before the start of the working day or shift. In accordance with article 60 of the labor legislation in force on the territory of the Russian Federation, employers cannot require employees to perform those duties that are not specified in the employment contract. In addition, the assignment of labor, which differs in its features from the key qualifications or profession of the employee, is unacceptable. For example, a lawyer should not be involved in cleaning shops.It should be borne in mind that the list of workers who are involved in overtime work may be provided for by departmental, sectoral, or regional standards. Among them, as a rule:
- Administrative, technical and managerial staff.
- Persons who carry out labor activities at their discretion (in other words, persons who are engaged in the distribution of work time on their own).
- Persons who are employed according to a fragmented work schedule.
Conditions
In any case, the employer must keep in mind that overtime work can be entrusted to an employee only with his written consent. By force, it is permitted to call employees only in case of emergency, for example, to eliminate the consequences after an accident of a man-made character. It is also worth noting that in accordance with article 119 of the labor legislation in force on the territory of the Russian Federation, such work is compensated by the employer: the employee has the right to arrange additional paid leave or receive an additional payment according to the double tariff.
Flexible schedule
One of the types of employee work schedules is flexible. It is established only in relation to certain categories of people (for example, having young children, pregnant or looking after people with disabilities). Such a schedule is set by signing an agreement of an additional nature, which may be urgent or unlimited. Based on this document, an order is formed that allows you to change the standard mode for a specific employee. It is worth noting that labor activity in accordance with a flexible schedule is unacceptable in those enterprises that operate continuously. Also, it cannot be installed in the case of such a shift work schedule as a three-shift one. If we are talking about two shifts, but there are no empty seats at the joints of the shifts, then the establishment of the regime in question is also impossible. In this case, the work schedule may be:
- It is absolutely flexible when the employee independently determines the time of arrival at the place of work and home leaving (within the boundaries of one day or shift).
- Fixed, according to which the hours of operation are determined by means of an additional agreement.
Often, the modes are set in case of one-shift work (5 or 6 days a week). It is important to note that in this case, the conditions for payment of labor activity, provision of benefits and seniority cannot be changed, since the use of this schedule is usually determined by special social or living conditions. It is provided to pregnant women, students, young mothers, and so on.
Shift mode
Today, shift work or shift work is a fairly common labor practice in the Russian Federation. It allows you to fully ensure the continuous operation of an organization, enterprise or other legal entity. Moreover, each of the employees for the accounting period, for example, for a week or a month, manages to work in different shifts. However, labor activity for two consecutive shifts is unacceptable in accordance with article 103 of the current labor law.
If such a regime is established, the employer is guided primarily by the opinion of the trade union structure, because one way or another it is necessary to obtain her consent. In accordance with Article 110 of the Labor Code of the Russian Federation, employees who are engaged in shift work must rest for at least 42 hours each week. It is worth adding that work in night shifts involves the establishment of surcharges to the basic salary, and its size, as a rule, is fixed in the labor and collective agreement.
Shift method of work
It is important to know that a residence permit and a shift work schedule are concepts that, as a rule, are inseparable from each other.Work in accordance with the shift methodology is also advisable to be attributed to a shift type of work. In this case, the employee undertakes to work outside the place of his permanent residence (in another city or even in another country). He cannot return home on weekends or at night. That is why the concepts of a residence permit and a work schedule on a rotational basis are nearby. It is important to note that the presented work schedule is fully justified when implementing labor activities in difficult natural conditions or when reducing its period (for example, in the case of the construction of production facilities or repair work endowed with special importance).
It should be noted that the labor regime in question involves providing staff with housing for the duration of work in special villages. In accordance with generally accepted standards, one shift should be equal to or less than 12 hours. The average duration of one shift reaches a month. However, in some cases, such an off-site work plan can last up to three months (this provision is enshrined in Article 299 of the Labor Code of the Russian Federation). It should be noted that overtime work is usually compensated by the provision of additional paid leave.
Fragmented graph
And finally, in conclusion, we consider the last variety of operating modes currently practiced in the Russian Federation and enshrined in the current Labor Code. A fragmented work schedule can be set in accordance with certain types of production or other activities. If during the shift or day the intensity of the workflow decreases, then it can be divided into certain components, in other words, fragmented. It is important to note that often the establishment of the type of labor schedule in question is relevant in the field of public services, in transport enterprises (as a rule, passenger transportation is involved), in communication organizations, as well as in the field of trade. In this case, the employer should not require employees to exceed the daily standard established in the working hours plan. It is worth considering that this type of schedule is somehow fixed in the documentation of a local nature (it can be a labor or collective agreement) with the consent of the trade union structure.
It is important to know that currently there are no indications in the labor legislation in force on the territory of the Russian Federation of the number of parts into which a shift or day is allowed to be “divided”. As a rule, division into two parts is used. At the same time, a break between them equal to two hours is relevant. It is worth adding that rest hours are not paid. However, in accordance with article 144 of the Labor Code of the Russian Federation for such work, employees receive a surcharge in the amounts specified in internal documents.