The main features of the working time mode in the employment contract. How to fill out an employment contract with a replaceable sample work schedule

Practical questions about the design of the contract are addressed. What is especially worth paying attention to: the maximum duration, the influence of night time and holidays on the schedule.

Concept

Often the specifics of the workflow dictates the need to introduce a shift system in the enterprise.

Continuous cycle can not be stoppedThis may entail extremely negative consequences and large material losses.

But the possibilities of the employee are limited by virtue of his physiology.

In this regard, there are legislative prohibitions on the excess of the norm of working time.

It follows from this that the only possibility does not stop the process is partitioning parts - shifts.

The main regulatory article is Art. 103 TK RF. According to it, the workflow cycle can be divided into two / three / four parts.

The easiest option is a two-shift system. For example - day / night shift, every 12 hours.

The schedule is issued as one of the applications of the collective agreement. The opinions of workers are also being taken into account - the order regulates.

Restrictions

There are certain categories of persons working in night shifts strongly prohibited.

Work in the night shift can not persons who have not reached majority and pregnant women.

Local acts can additionally install workers who are prohibited by night shifts.

Persons with disabilities, single mother and some other groups can work for such graphics only on special written consent.

In harmful production Maximum duration may not exceed 8 hours, and the total working time per week - 36 hours.

Characteristic spheres

Due to the specifics of the workflow, in some areas of activity, this system is most common.

List them:

1. Continuous Cycle Production - Plants, large industrial facilities. Stop the conveyor (and other complex settings) entails huge losses associated with the costs of its re-launch. Therefore, industrial enterprises are characterized by a shift operation. At the same time thousands of workers can work according to such a scheme..
2. Emergency Services - Ambulance, Police, Rescue Services. From their uninterrupted work directly depend on people's lives.
3. Private Sector / Sector Services - Filling, 24 Hour Shops. For the sector of shift services are a characteristic phenomenon. Companies introduce this system to not lose the potential revenue, in places where you can meet round-the-clock demand.
4. Transport networks - Airports, Railway. Their employees, like emergency staff, can simply leave on the weekend in full.

Regulatory principles

With the introduction of the SEND system at the enterprise, it is necessary to pay attention to a number of regulatory principles. The schedule must be formed so that it does not enter into a contradiction.

Duration: Although there is no specific definition, the duration of the shift must comply with the main standards.established by Russian legislation.

Change cannot be / exceed 24 hours. In addition, it sets the weekly norm at 40 o'clock / week.

Given the provisions of the Labor Code, personnel department plans a schedule. He is assigned a specific name. In the future, the schedule is attached as an application to the employment contract. The full schedule must contain the order of alternation, duration, breaks.

Attention! About the introduction of a new schedule of employees need notify a month before it comes into force.

Registration

How to register (specify) a shift work schedule in the labor contract?

In the Total Work and Leisure Treaty section, the first paragraph needs to be reflected that the employee will carry out work in replacement mode.

Then in the contract the name of the graphics is indicatedby which the employee will work at the enterprise.

Indicate the duration of shift in hours, work time accounting type (weekly / monthly / quarter).

The remaining items of the contract are standard - wages, vacation, responsibility of the parties and others.

An example of the wording: an employee carries out work in replacement mode, according to the "Service" schedule.

The "service" schedule is made in the form of an application to the contract, the employee must be familiar with it. The employment contract with the work schedule "2 through 2" is very popular.

Work schedule 2 through 2 looks like this:

For employee, two days are workers with day shifts for 12 hours. Working hours starts at 8.00 and ends at 20.00.

Then follow two holidaysin which another employee replaces him. Usually it is called changer. The schedule is developed by the personnel department, based on the needs of the enterprise and TC.

When drawing up a schedule, the needs of the enterprise is the starting point - the continuous cycle is divided into time intervals.

Then these intervals check with the Labor Code And the final work plan is formed.

Conclusion

By entering into an employment contract with a replacement work schedule it is worth considering a number of regulatory principleswhich establishes legislation.

Some of them are the limiting duration of the shift and category of persons who are prohibited by work with a changeable schedule.

It is also worth considering that total time shift at night (22.00-6.00) and holidays decrease.

Some aspects in the TC are not covered, for example, the exact time of rest between the shifts.

To avoid misunderstandings, it is necessary to rely on the general provisions of the Code. Main articles - 91, 94, 96,108 TC.

In most organizations operating on the territory of Russia, a five-day day with 8 hours working days, according to this standard, employees work on weekdays, and then rest on Saturday and Sunday. But some businesses cannot stop the production process, they are forced to work around the clock and every day, then the leader has to enter a shift schedule.

Let's figure out how to make an employment contract with a changeable schedule of work, so as not to violate the current legislation and do not infringe on both their interests and the rights of employees.

Due to the specifics in labor activity at certain enterprises, there is a need to conduct a replacement system.

Some production cycles can not be stopped, as it will entail large material losses and missed benefits, but, due to physiology, the possibilities of workers have the limit.

The legislation of the Russian Federation introduced restrictive measures relating to the length of working time, so the only option does not slow down the workflow is to divide it into parts, that is, shifts.

Important! According to, the workflow can be divided into two, three, or four parts. The simplest and most popular option is the two-chaired system, for example, day-night to 12 working hours.

Restrictions in replacement schedule

According to the legislation of the Russian Federation, all employees can work in the day shift, while there are certain categories of persons who are forbidden to engage in labor activities at night. These include:

• minors employees;
• pregnant women.

In the presence of a written consent, people with disabilities and mother single can work at night. Citizens working in harmful production can not work longer than 8 hours a day (or 36 per week).

Also, the company has the right to establish its groups of persons in local documents who cannot work in the night shift.

Where you need a shift mode

As a rule, the replacement mode of labor is chosen in the enterprise if its activities and directly labor process have the following features:

1. Continuous production cycle (large plants and industrial companies). Stopping equipment in such cases threatens large material losses that will have to be incurred due to repeated launches and stopping the machine.
2. The company operates in the service sector (24-hour shops, gas stations). In these sectors, changing work is a fairly common phenomenon, companies choose such a regime in order not to lose the revenue from possible clients that may be required by both the day and night.
3. Emergency services, from which people's lives depend. Fire, ambulance, the police should work continuously in order to respond quickly to the threats arising and help people in trouble.
4. Transportation (Railway, airports). People constantly need to go and fly, at any time of the day, so the organization's data officers cannot take themselves one day off for everyone.

What you need to take into account when drawing up schedule

If the company decided to introduce a shift schedule of work, then it needs to competently form without contradictions with applicable law.

It is said that with a replacement mode, the generally accepted weekend and holidays can be workers. According to the general rules, all employees are provided with a weekly continuous rest: for the five-day weekend, two days are considered, and for the six days - one. Sunday is recognized as a common weekend, but the second day of rest is established by a collective agreement or an internal labor schedule. Most companies make fees in a row.

If the suspension of work on weekends is impossible for industrial, technical or organizational reasons, then weekends are provided on various days of the week to each group of employees in turn on the base of the internal schedule.

In compiling a replaceable work schedule, overall working time is always considered, such a system is used if the working time does not fit into the standard 40 hours per week.

As a rule, the duration of the work shift is 12 hours, but there are exceptions. In general, in regulatory acts there is no specific concept of the duration of the change, while the employer should not forget about the basic concepts of labor legislation.

1. The shift should not last more than 24 hours, as even the most persistent workers are not able to work longer due to their physical possibilities.
2. Based on each employee, rest is guaranteed, at least 42 hours a week.
3. Night shifts (from 22:00 to 6:00) are paid in double size.
4. Some categories of citizens have limitations on the duration of shift, they include minors, people with disabilities and vehicle drivers.
   

   Important! Employees working on shift schedule are required to change even on holidays, as the transfer on non-working days is not produced. If a person works on a holiday according to his schedule, he is supposed to be additional payment in the amount of the ordinary bet per hour or day in the amount of standard salary.

5. When processing, that is, if the standards of working hours are exceeded, the employee receives cash payments in a triple size.
6. Under certain circumstances, it is possible to reduce labor time for an hour without changes in the size of the remuneration (as for the complete shift):
   - Labor day on the eve of the holiday;
   - night shift.
7. With a replacement mode, it is strictly forbidden to install 2 shifts in a row without rest, and the legislation does not determine a specific break time, as a general rule, it must be at least 42 hours a week.

The preparation of a removable schedule is the responsibility of employees of the personnel department, they form a formal document in which the working day duration, alternation of working time and breaks.

The schedule of work and rest is attached to the employment contract, and any changes in it are possible only after notifying staff for 30 calendar days before their entry into force.

How to make an agreement with a changeable work schedule

Many employers are interested in how to register a shift schedule of work in the employment contract. In general, the document is issued according to the standard rules, that is, it must be indicated by the employee's salary, the mutual responsibilities of the employer and the employee, the selling system, and so on. Certain nuances are only in the fixation of working time.

FirstlyThe contract should contain information that a citizen is engaged in labor activity in replacement mode.

Secondly, the duration of the shift is indicated in hours, regardless of which type of working time accounting is adopted - a week, quarterly or monthly.

Consider a sample of the design of an employment contract with the most popular shift schedule of "2 through 2". This alternation is convenient for both the employer and employees.

According to such a regime, the employee has 2 working days in day shift, for example, from 9:00 am to 9:00 pm, then he is given two days off, and a change film comes to his place, then the cycle is repeated in a circle.

When developing a graph, the personnel department should take into account the goals and needs of the Company, in particular the need for a continuous labor cycle. Please note that the finished schedule is always issued to familiarize yourself with the employee, and only then it is attached to the employment contract.

When concluding an employment contract with a replaceable schedule of work, you should always rely on the current legislation. So, the maximum duration of the change, the category of persons who are contraindicated to work with such a schedule, as well as the exercise of work on holidays.

Some moments are not fully reflected in regulatory acts, for example, the exact break time between shifts. However, in order to avoid misunderstandings and not to infringe the rights of employees, you need to be guided by the general labor provisions.

The employer should not forget about the practical side of the shift schedule. Thus, installing the working mode, he should take into account the need in a continuous process, as well as assess the working conditions and the physical possibilities of workers.

Working hours (in the employment contract) is one of the most important concepts in labor relationships. The employer buys his time from the employee, uses its workforce for its purposes and eventually gets the desired result.

Scientific substantive principles of the organization of the workflow are developing not the first hundred years. The beginning of development is considered to be Taylorism, he put the maximum impact on the workflow at the beginning of the 19th century.

Effective transformation of working time in the final product - important task for many disciplines. Economy, sociology, psychology are intensively engaged in this issue.

Working time called the time during which the employee fulfills his labor duties. In the legislation, there are many documents regulating the regime, routine and work schedule.

The usual (single) - the simplest case is five - and six-day working week.

The worker comes to work every day.

He necessarily has one or two days off.

Changes actually does not exist - as it is only one.

Employee can not work more than 40 hours a week.

All hours (above the norm) are counted as overtime and paid accordingly. The method is applicable to a wide range of works - office, trade, research, on some industrial production.

Abnormal working day in the labor contract is a more difficult case. The regulatory article is. An employee is sometimes involved in the fulfillment of its labor function by order of superiors or necessity.

Attraction goes beyond the usual duration of the working day. An employee may be called before the start of the working day or stay after its end. The list of groups of workers with such a regime indicate, for example, in a collective agreement.

It is often practiced among administrators, managers and those. Personnel. Employees engaged in such a scheme it is necessary to rest, and the processing is considered as overtime.

Attention! Employees cannot be involved in activities other than their labor function.

or flexible slave mode. time is another way to regulate time.

In Russia, it began to apply it in the 1980s for women with children, then the circle of persons gradually expanded.

The main principle of flexible schedule - self-regulation of working time.

An employee (at certain boundaries) can decide when he should fulfill his working responsibilities.

He himself chooses time to work out the established norm. But flexible schedule includes fixed time concept, Under it understands a certain temporary gap, in which the employee is necessarily present in the workplace.

Most of the flexible schedule is suitable for students, women with children, creative workers. The main article is.

In this case, staff rotation must be carried out. at least once a monthBut sometimes rotation is allowed every three months. For such a schedule supplements are relying.

A crushed working day is the last way to organize time. Apply if the work has a very strong spread of intensity during the day. For example, in the morning there is practically no need for labor, but the need for the need increases at times.

Rubbed mode most communicated in the transport sector (a well-known rush hour), trade, communications. Regulates mode article 105 of the Labor Code.

Accounting

Now a few words about how to apply a summable accounting and implement it in the enterprise. To begin with, the reporting period is determined - this may be a week, month, quarter, year.

Period for more than a year cannot be installed. For enterprises with harmful conditions he less - 3 months. The one-day period is also prohibited, as in fact it will be already a subtitle.

Attention! Physical employers prohibited Use total account.

After determining the period, the rate of hours is set for the selected period of time.

For example, 120 slaves were required for the quarter. hours.

Then an order is published, it is submitted to a collective agreement or a regulation on remuneration.

Accordingly, new employees will be familiarized with the payment method in the form of an application to the employment contract.

Compensate processing and flaws are allowed only during the prescribed period.

If processing was recorded during the period, they are paid as overtime according to general rules.

An employment contract where the summable accounting of working time sample (fragment):

Registration

To register the mode of operation and the method of accounting in the contract add approximately the following:

1. The employee is set by a summable method of accounting. The period of accounting is one month.
2. An employee carries out work in flexible working time mode.

Since items concerning the working time and accounting methods are mandatory conditions ( according to the 57th article of the TC) The instructions must always be specified.

Conclusion

There are quite a few working time modes. An employer can choose the most convenient and enterprise organization of the organization.

But we must not forget about the regulatory principles and compensated compensation. These include the established rate of 40 hours / week, additional vacation, payment of overtime.

An important practical moment to implement the selected mode is method of accounting. The main variable is the period of accounting. The period can vary from one day to one year. Also a separate method of accounting allocate a summable accounting.

Useful video

What should be provided for the working time mode in the labor contract? How to register? Answers to these questions you will find in the video presented:

In case of employment, an employment contract is concluded for work between the employee and the employer. The conclusion of the contract is laid in labor legislation, because it is he who regulates the labor relations that arise between the parties. An employment contract helps to understand unpleasant situations that may arise in the future, because it is fixed in it. Highlights of work, which worker or employer may refer.

Employment contract and its structure

The employment contract is an agreement between the employee and the employer, concluded in writing and signed on both sides. An employment contract reflects the working conditions that are provided for by labor legislation and labor functions. Each contract has significant conditions that need to be included in the contract. The essential terms of the contract are conditions, if not included in the contract, it will be considered invalid. Therefore, the employment contract also has its own mandatory conditions that need to be included. It is also possible to include in an employment contract of the optional conditions that meet labor legislation and not worsening the position of the employee.

Mandatory conditions on the basis of Art. 57 Labor Code of the Russian Federation (hereinafter referred to as the TC RF) are:

• Place of work (in the Labor Code is not enshrined the concept of "place of work"), but at the place of work it is implied for a specific organization, representation, a branch or a separate division located in a certain locality.
• Labor function (the official duties of the employee are indicated here, his profession, qualifications, if any). The labor function includes precisely those requirements that can be enshrined in information directories and professional standards.
• The start date (the date is a prerequisite, it reflects when the employee has official responsibilities. Also with the employee, an urgent employment contract is concluded, then it indicates the validity of the validity and circumstances that serve as a conclusion of such a contract. If the urgent labor contract does not indicate The term of the contract, the contract will be considered concluded indefinitely).
• Terms of remuneration (here indicate the size of the salary or the size of the tariff rate, may also be aware of the allowances, premiums and surcharges for certain working conditions).
• Working time and rest time (working hours must be specified, can specify the duration of the work week, also the duration of the working day).
• Guarantees and compensation for working with harmful and (or) hazardous working conditions.
• Conditions that determine the nature of the work (mobile, traveling, on the way, another nature of work).
• Working conditions in the workplace.

Work time mode

Working time mode is a worker's working hours tab in the organization with an indication of working time.

Working time is usually established by the company's internal labor regulations and the employment contract. Also, by agreement of the parties, if necessary, any employee can establish a different mode of operation on the basis of documents, for example, the order of the Ministry of Finance of Russia dated 02.04.2003 N 29N;

Working time can be divided into four types:

• Irregular working hours
• Work in flex work time
• Shift work
• Division working day

What is replaceable work?

Replaceable work, in accordance with Art. 103 of the Labor Code of the Russian Federation is a work in which the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided. Work can be like a two-chaired, three-shift and so on. Most often, a shift schedule is installed on a bakery, hospital, transport sphere. A feature for an employee with a changeable schedule should be spelled out in the employment contract.

In replaceable work, each group of workers should work during the established duration of working time in accordance with the shift schedule.

Based on Art. 103 of the Labor Code of the Russian Federation for a group of employees are drawn up with replacement schedules that reflect the duration of the working time of each employee. The performance of official duties by the employee in two shifts in a row is prohibited (paragraph 5 of Art. 103 of the Labor Code of the Russian Federation).

Two-day work itself. Twomane work is usually divided into a night and day shift, for example:

Morning shift - from 06.00 to 18.00

Night shift - from 18.00 to 06.00, and the "night shift" must be clearly spelled out in the employment contract. The employee can set one shift per day, and the other in the night, alternating among themselves, all these conditions must necessarily be spelled out in the employment contract.

Two-chaired work is usually 12 hours of working day, but it can be exceeded or vice versa is reduced, in accordance with the rules of the internal labor regulation.

The schedule establishes the direct procedure for the alternation of workers to shifts, also a vacation should be reflected in the chart, at least 42 hours weekly. Workers must be familiar with the schedule of replacement work at least in a month. The schedule is approved by the relevant head of the organization, and signed by it personally. Employees also after review samples with familiarization of the work schedule.

When changing the schedule or accounting of working time replacement work, employees must be notified by the employer at least two months before the relevant changes. If you get acquainted with the new schedule of work and consent of the employee, the employer concludes with him an additional agreement to the contract, designed properly. An additional agreement is signed on both sides, in two copies, by instance for each side.

Payment for night and holidays in replacement graphics

Of the foregoing, we see that the schedule of replacement work can be completely different, so often workers work in replacement schedule on weekends, as well as in festive.

Based on Art. 153 Labor Code of the Russian Federation, shift in non-working holidays is always paid in double size. The working day, which falls on a festive day, also turns on the norm of accounting time. An employee who worked on a festive day cannot take himself then ran out for this day, as he has been distributed working days according to the schedule.

Also, if the employee is working on a day, which is scheduled for him a weekend, but he came out for someone, then he should be paid to him in a single amount as a regular change, provided that the worker took the ran away for this day when he worked On your day off.

If the worker worked on his day off and at the same time he did not take a bit, then the shift must be paid in double size.

As for the work at night, the surcharge also relies for it, even if the employee initially hired to work with a replacement schedule. The amount of surcharge at night can be established by a collective agreement or other regulatory acts. The surcharge cannot be less than 20% of the hourly tariff rate (or from the salary), depending on the established work fee of the employee. The number of hours worked at night should be affixed in the accounting table.

Question: Is it possible to install the employee with a changeable work schedule "two two" (day-time shifts at 12 o'clock) replaced the temporarily absent employee on its weekend between shifts?

Answer: In art. 107 of the Labor Code of the Russian Federation indicated the types of holiday time, including daily (intermedianny) rest and weekends (weekly continuous rest). The duration of weekly continuous recreation cannot be less than 42 hours (Art. 110 of the Labor Code of the Russian Federation). According to paragraph 10.24 of SP 2.2.2.1327-03, approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation of 26.05.2003 N 100, the duration of the daily rest between the shifts should be twice as much longer. Little rest (but not less than 8 hours) forms only for emergency situations (emergency work).

Thus, an employee with a replacement work schedule "Two two two" (day-time shifts for 12 hours) should be resting 24 hours between shifts.

The employer cannot establish an employee with a changeable work schedule "Two through two" (day shifts at 12 o'clock) to replace the temporarily missing employee on its weekend between shifts.