A little theory
An example of a staggered work schedule is the organization of work for guards - on weekdays the premises only need a security guard at night, but on general weekends his presence is required 24 hours a day. Taking into account the existing standards for the ratio of working and free time, it is rational to schedule employees’ trips to work in advance and immediately for a long period of time (but not more than 1 year). What does flexible work schedule mean? This is a work regime in which floating weekends must be arranged in the calendar taking into account the mentioned standards, so that there is no overtime. The most commonly used schedule is 2 working days every 2 days off. This employment system is regulated by Articles 100 - 105 of the Labor Code of the Russian Federation and local regulations of the organization. It must be prescribed in the internal labor regulations of the organization (ILR).
Rubric “Question and answer”
Question No. 1. An employee of JSC "Steel Prom" Kukushkin works on a staggered schedule. The number of working hours in November 2017 for him was set at 152 hours, taking into account a 40-hour work week. Is it legal to set working hours below the norms according to the production calendar? Won't this lead to problems?
The main requirement when creating a rotating schedule is not to exceed the number of working hours established by the production calendar in relation to a 40-hour work week. In this case, the number of hours is within the established norm. As for the shortfalls and reduction in monthly earnings, it all depends on the standard hours established for a specific employee of JSC Steel Prom. If Kukushkin’s standard hours in November are no more than 152 hours, then there will be no shortages and he will receive full earnings.
Question No. 2. Production department of JSC "Kvadrat" from the 4th quarter. 2020 applies a sliding work schedule with a set reporting period of 1 month with a 36-hour work week. The number of standard working hours is established: in October - 141, in November - 143, in December - 155. Is it legal to establish a different number of working hours in each month?
Since the reporting period for calculating the total working time indicator is a month, JSC “Kvadrat” has the right to set different standards in each month. At the same time, the number of working hours should not exceed those legally established for a 36-hour working week. In this case, the number of hours of work in December (155) is more than the maximum established (151.2), which is a direct violation of labor laws.
What is scheduled work?
To introduce a flexible system, the employer must approve the accounting period, frequency and duration of working hours, and enshrine them in internal regulations. In this case, work according to the schedule in accordance with the Labor Code of the Russian Federation will comply with legal norms, and the employer will be able to establish a sliding schedule according to the system:
- 5/2 – with an 8-hour shift, two days off can slide, moving from generally accepted days to other days of the week;
- 2/2 – with this regime, people can work 12 hours a day;
- 6/1 – when one day off is transferred to any day of the week, depending on production needs.
Differences from replaceable
General differences between a sliding schedule and a shift schedule:
| Conditions | Sliding | Removable |
| Basic operating principles | There is an alternation of days off - 2 working days, 2 free days, or 3/3. With a 5/2 schedule, weekends can be shifted | Clear shifts are established, weekends do not fluctuate, but a non-standard schedule can be created. |
| Timing | The employee agrees to specific conditions, after which the director himself chooses which days he needs to be put on shift and which days not. | The choice of days off takes into account the wishes of the employee. |
| Scope of application | A certain stability has been established, weekends come only after days worked under the contract | It is used if it is impossible to establish a certain work schedule due to the nature of the work, for example, if a person works in a repair service or a medical institution |
| Organization of the process | A sliding schedule does not imply that an employee can go to work both during the day and at night, but the enterprise operates seven days a week, and therefore there is a shift in rest time for employees | This type of structure of the working day is used in those organizations where the labor process takes place around the clock. Under this regime, people must take turns during the day and night. |
When establishing a shift schedule at an enterprise, the employer must be guided by the norms of Article 103 of the Labor Code of the Russian Federation, but with a sliding schedule, it is not always advisable to use the instructions given in this regulatory document.
Night shifts with a rotating schedule must necessarily be reduced by an hour from day shifts, and with a rotating schedule this requirement is not met. It does not matter where the employee is employed, whether it is a legal entity or an individual entrepreneur, his rights must be respected.
How to calculate time worked
Accounting for time worked in this mode is summarized (by week, month, quarter or year). It is convenient if the norm of working time per week is not maintained, but is leveled out when calculated by quarters or months. The main task of the accountant in this case is to figure out how to distribute weekends with the required time generated over a set period. The main condition is that an employee cannot have more than 40 working hours per week. In the case of using the 2/2 system with a 12-hour shift, the employee works 48 hours, which exceeds the weekly norm, which means that he must have another floating day off.
Limitations of using a rolling schedule
The legislator has defined a number of restrictions on the use of operating modes, which also apply to a staggered schedule. It means that:
- the employee cannot be overworked beyond a certain standard (for example, more than 40 working hours per week);
- weekends and holidays established by the legislator are subject to accounting for a staggered work schedule;
- when the legislator determines for a certain category of employees or types of activities restrictions in the form of a shorter duration in hours, this feature is taken into account when creating and maintaining records, and accordingly, payment is adjusted for a sliding work schedule;
- You should respect the right of employees to rest, that is, understand what a weekend schedule is and whether it is possible to provide time off for a sliding schedule. An employee has the right to work within the established limits and have at least one break for continuous rest of 42 hours during the working week on a rotating schedule, and if the duration of one shift exceeds an interval of 4 hours, have a lunch break.
Examples
To illustrate working on a sliding schedule, let’s give the following example: watchman Ivanov works on a variable schedule, and the organization has adopted quarterly cumulative accounting of hours worked. Ivanov worked: 110 hours in January, 100 hours in February and 237 hours in March. At the enterprise where the watchman works, a 40-hour work week has been introduced, that is, the norm for the quarter is 447 hours. From the summary calculations it is clear that the norm was not exceeded.
Wording in the employment contract
In the section of the employment contract “Working time and rest time” it is necessary to indicate that “the employee is given a sliding work schedule in accordance with the schedule approved by the employer.” If necessary, you can clarify that the employee is hired not only during the day, but also at night. The length of the work week, the total number of hours and duration of one shift, its start and end time, as well as the lunch break period are indicated.
IMPORTANT!
In addition to what is specified, the employment contract must specify the total type of calculation of time worked. If an employee needs to be transferred to a floating system, an additional agreement must be concluded to this effect to the existing employment contract.
Time sheet
The timesheet records the time worked according to standard rules, in accordance with the adopted work plan. The provision of days off on a sliding schedule is based on the production needs of the organization and is not focused on generally accepted days off.
Let's figure out how weekends are paid on a sliding schedule. If a working day falls on a public holiday, it must be paid at a double rate (Article 153 of the Labor Code of the Russian Federation). Let's consider an example of a sliding work schedule according to the Labor Code of the Russian Federation:
Sometimes rotating weekdays may fall on general weekends or holidays. If working days fall according to the schedule on Saturday and Sunday, then they are taken into account in the timesheet as normal weekdays. If a working day falls on a public holiday, it is paid at a double rate (Article 153 of the Labor Code of the Russian Federation).
What is a rolling schedule and when is it needed?
The concept of a sliding schedule refers to a flexible form of organizing working time, within which the standardization of working hours is determined not per day (shift), but within the reporting period (week, month). The main reason for using a rolling schedule is production necessity.
As a rule, this form of organizing working time is used in enterprises with round-the-clock production.
In such cases, employees work in shifts, with the shift duration being more than 8 hours, and rest days are provided on different days (not necessarily on weekends). This schedule may include going to work on holidays and weekends.
Within the framework of this form of organization of working time, it is very difficult to comply with work standards per day (per shift). Therefore, employers use a sliding schedule, the purpose of which is to comply with established working time standards by keeping a summary record of it.
Advantages and disadvantages of a staggered work schedule
It makes sense to create rotating schedules for employees in these categories so that holidays are days off for them . If their schedule still requires them to work on some of these dates, then a certain access procedure should be followed. Such employees must obtain a certificate from a medical institution that work at such times is not contraindicated for them.
They are also required to sign a document that certifies that they have been notified in writing of the right to refuse to work on a holiday if, in accordance with a staggered schedule, they are supposed to work on that day. This document does not become a replacement for the employment contract with this employee, in which it is established that he generally agrees to a staggered schedule, but is an addition that allows the use of a disabled person or the mother of a small child on a holiday.
Duration of flexible schedule
- According to the Labor Code, the duration of a sliding schedule can be submitted for execution within the following time frames:
- A working day during which the main working hours are worked.
- Labor week. Approved hours can be worked throughout the week according to established deadlines.
- Working month. The approved number of labor hours for the entire month will be used within 30 calendar days.
- The work period is agreed on individual terms with the contractor.
Benefits of a flexible work schedule
The system of setting a sliding schedule is very popular today; this allows many employees, for example, women with children, to work and at the same time find enough time for the child.
A sliding schedule is very convenient not only for workers with individual requirements, but also for people working on a team basis. This makes it possible to change your work shift to another if individual needs arise. Naturally, such issues are resolved only within the team, in agreement with the shift manager.
To create a sliding schedule at an enterprise, it is necessary to develop and approve an order from the head of the company, according to which work shifts will be created and wages will be calculated.
A sliding work schedule allows you to reduce overtime work, which allows the company to save a decent amount. Another advantage of this daily routine is the elimination of lateness, not taking into account individual rare cases, as well as premature leaving of the workplace due to the need to transfer and receive a shift.
Working hours
Flexible working hours can be applied to both 5- and 6-day work weeks, as well as other work patterns. The use of flexible working time regimes does not change the conditions for rationing and remuneration of workers, and does not affect the provision of benefits, the calculation of seniority and other labor rights. It should be borne in mind that the necessary entries in the work books of employees are made by employees of the personnel departments of organizations without mentioning the working hours.
When working on a rotational basis, a summarized accounting of working time is established for a month, quarter or other longer period, but not more than for one year. The accounting period covers all working time, travel time from the location of the employer or from the collection point to the place of work and back, as well as rest time falling within a given calendar period of time. The total working time for the accounting period should not exceed the normal number of working hours established by the Labor Code of the Russian Federation (Article 300 of the Labor Code of the Russian Federation).
