Some enterprises, for objective reasons, cannot organize their work in such a way as to provide employees with days off on the same days. Then you have to change the work schedule for the entire staff or specific employees. One option could be sliding mode.
It is necessary to distinguish work on a rotating schedule from flexible or shift work. There are important differences that relate not only to recording hours worked, but also remuneration for work. Therefore, it is important to know the features of a sliding schedule, the nuances of its preparation, as well as legal ways to transfer an employee to it.
How to change the work schedule at the initiative of the employer?
What is a flexible schedule
A flexible schedule, or flexible working hours, involves self-regulation of the start, end and total duration of a work shift or the length of the working day.
That is, an employee can start and finish work at different times on different days. In this case, the duration of the working day can be either constant on all working days or different. Note that a flexible schedule is not complete self-regulation of the beginning, end or total duration of the working day, but only partial. First, the employee and the employer come to a written agreement on the limits within which the employee has the right to independently determine the start or end time of the working day and its duration. And then he arranges his own working day, based on the agreed limits (Article 102 of the Labor Code of the Russian Federation).
Until 2021, the provisions of the “Recommendations for the application of flexible working time regimes in enterprises, institutions and organizations of sectors of the national economy” were used (approved by Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12–55 of May 30, 1985). According to them, with such a schedule the following were determined simultaneously:
- fixed time - a period of time when an employee works while at the workplace;
- flexible time within which the employee has the right to start and finish work at his own discretion.
Now, the allocation of a period of fixed work time is not necessary, since the document has lost force.
On a note. What is a moving schedule?
Employers sometimes confuse the concepts of flexible and flexible working, but it is important to understand that they are not the same thing.
A sliding schedule is the provision of days off according to a changing schedule (Article 100 of the Labor Code of the Russian Federation). That is, weekends fall on different days in different weeks. For example, if an organization works seven days a week, employees may be given days off in one week - Monday and Tuesday, in the second - Wednesday and Thursday, in the third - Friday and Saturday, etc.
A sliding schedule is established upon hiring by an employment contract, and for an existing employee - by an additional agreement to the employment contract. At the same time, an order is issued in free form, and the employee must be familiarized with it and signed.
Note that the employer will have to draw up work schedules for a week or month in advance and ensure that employees familiarize themselves with the schedule upon signature. This way, before the start of the work week/month, they will understand which days are weekends for them and which are working days. The minimum possible period within which employees need to be familiarized is fixed in the employment contract or in the employer’s local regulatory act, for example, in the internal labor regulations.
If the period for familiarization with the schedule is established by a certain local regulatory act, this must be indicated in the employment contract.
When is this mode of operation not suitable?
Flexible schedule does not apply:
- in conveyor production, where the labor process directly depends on the operation of equipment;
- when staff is employed in 3 shifts;
- with a 2-shift operating mode and no vacancies;
- in organizations with a specific production process;
- in case the employee performs official duties outside the enterprise (business trips, conferences, etc.).
The absence in the organization of a system of accurate accounting and control of time worked, production discipline, and clear organization of work makes the use of a flexible schedule impossible.
How to set up a flexible schedule
Working hours are a mandatory condition of an employment contract. A flexible schedule is one of the possible options (paragraph 2, part 6, article 57 of the Labor Code of the Russian Federation, article 100 of the Labor Code of the Russian Federation), in which the beginning, end or total duration of the working day is determined by agreement of the parties. To set up a flexible schedule, you need:
- fix it in the employment contract or in an additional agreement to it (Article of the Labor Code of the Russian Federation);
- issue an order in free form establishing a flexible schedule and familiarize the employee with it against signature.
Example
The text of the condition on a flexible work schedule (with a constant working day) in an employment contract may look like this: “The employee is provided with a flexible working time regime, the elements of which are:
- working day duration __ hours;
- start time: from ___ to ___ or from ___ to ___;
- fixed time: from ___ to ___ or from ___ to ____;
- break for rest and food: from ___ to ____ or from ___ to ___ for ___ duration;
- Closing time: from ___ to ___ or from ___ to ___.
The choice of the start and end time of work during these periods is determined by the employee independently, taking into account production needs.”
Results
Some production processes (continuous, technologically complex or with long production cycles) require the organization of work in shift mode. With a shift work schedule, it is difficult to maintain the normal working hours per working week (40 hours). Therefore, with such a labor regime, the Labor Code of the Russian Federation allows for the possibility of a different definition of the standard working time. This norm is established for a specific accounting period (month, quarter or year).
You can find practical solutions to complex payroll issues on our forum. For example, in this thread you can read about real-life examples and ask your own question.
Sources: Labor Code of the Russian Federation
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How to count hours worked with a flexible schedule
With a flexible schedule, working time tracking is required. That is, all the time actually worked by the employee according to such a schedule must be reflected by the employer in the time sheet. A flexible schedule may involve different numbers of hours worked on different days, for example, an employee may work 8 hours on one day and 7 or 9 hours on another. Therefore, it is necessary to keep a summary record of working time for a certain accounting period. This is confirmed by Rostrud specialists in explanations on the website “Onlineinspektsiya.rf”.
The procedure for introducing such accounting is established by the internal labor regulations (Part Art. 102, Art. 104 of the Labor Code of the Russian Federation).
It’s easy to keep track of hours worked in the Kontur.Personnel program
Step-by-step instructions for registration
Step 1. Design the header
The name of the organization and structural unit must be indicated in the header (when monitoring working hours in structural units). The serial number is assigned in accordance with the numbering accepted in the organization. The date of compilation and the reporting period must be indicated as details of the primary document.
Step 2. Fill in columns 1–3
Column 1, containing the serial number, is filled in according to the number of employees in the time sheet. Columns 2–3 contain identification information about each employee: full name, position and personnel number.
Step 3. Fill in columns 4–6
Column 4 contains notes on attendance and absence from work for each date in the corresponding month. In the example of a timesheet for February 2021, there are 28 days, so there are 28 cells to fill out the data. For this information, the table has four rows (two for each half of the month).
In the top line of each half of the month, letter designations of the reasons for appearances and absences are placed (the letter correspondence of the reasons is presented on the title page of the T-12 form) - these are codes for appearances and absences for the working time schedule. The decoding of the codes is given in the file at the end of the article.
Notes explaining the reasons for absence from work, notes about working part-time or outside normal working hours, and others are made on the basis of documents: certificate of incapacity for work, certificate of fulfillment of state or public duties, written warning of downtime, written consent of the employee to work overtime in cases established by law, etc.
Under the letter designation there is a numerical indicator equal to the number of hours and minutes actually worked by each employee.
Columns 5 and 6 contain the total indicator of time worked by each employee for each half of the month in hours, minutes and days (column 5) and for the entire month (column 6) in hours, minutes and days.
Step 4. Fill in columns 7–9
Columns 7–9 in form T-13 are filled out when using an automated accounting system. The following features must be taken into account:
- if all employees of the organization are paid wages only according to one type of remuneration and using one corresponding account, then the indicators “Wage type code” and “Corresponding account” can be placed above columns 7, 8 and only column 9 can be filled out - for the total indicator of days worked and hours (in brackets) for each employee;
- if accruals are made for several types of payment (2 or more) and using several accounting accounts, then columns 7 and 8 are filled in with the relevant data, and column 9 reflects the total number of days and hours worked (in parentheses) for each employee;
- an additional block with similar columns is provided in case the number of types of remuneration exceeds 4.
Step 5. Fill in columns 10–13
Information is provided on absences for the accounting period according to the corresponding codes in days and hours (indicated in parentheses). Two blocks are provided in case the number of reasons for absence exceeds 4.
It should be remembered that the timesheet does not include persons working under civil contracts. The timesheet can be maintained in one of two ways, which the organization records in its accounting policies:
- in a continuous way, that is, to register all attendances and absences from work;
- a method of recording deviations, that is, registering only deviations (absenteeism, being late, overtime, etc.).
At the end of the month, the timesheet is signed by responsible persons, the list of whom is established in the regulatory act of the organization, and transferred to the accounting department for calculating wages and other payments.
If in an organization the salary for the first half of the month (advance) is calculated for the time actually worked, the time sheet is allowed to be drawn up separately for the first and second half of the month.
Is it possible to combine a flexible schedule and part-time work?
An employment contract can simultaneously prescribe both a flexible mode and a part-time working mode - part-time or part-time work week (Article of the Labor Code of the Russian Federation). Please note, Art. 108 of the Labor Code of the Russian Federation provides for a designated time for rest and food (“lunch break”), which is not included in working hours, for any employee, including those with a flexible schedule. The exception is the situation when the daily work duration is no more than four hours. In this case, the employee may not be given a lunch break.
Is it possible to introduce GGR at the initiative of an employee and to whom should it be provided?
Any employee, even those working in government agencies, can take advantage of this right. Moreover, in 2021, the Ministry of Labor of the Russian Federation developed special recommendations on the introduction of GGR during the spread of COVID-19. Such measures may allow, if not isolating employees, then minimizing the crowding of people in one space.
The employee himself can take the initiative to switch to GGR if family or personal circumstances require it. For this purpose, a statement is written addressed to the management, which gives the appropriate consent.
Frequently asked question: is it possible to transfer the driver to GGR?
It is worth saying that such a possibility is not provided for in the Labor Code of the Russian Federation.
How does flexible scheduling affect staffing data?
In the column of the staffing table “Number of staff units” the full rate is indicated - “1” or the part-time rate is a fraction of the rate, for example, “0.5”. At the same time, a part-time job is essentially a part-time job.
If an employee has a full-time rate (“1”) and at the same time a flexible work schedule, then this schedule does not affect either the standard working hours that must be worked out or the size of the rate.
However, the staffing schedule may provide for a part-time position for a specific position. Then, when concluding an employment contract for part-time work, the same contract can stipulate that the employee has the right to determine the start and end time of his working day within the limits established by the contract. Thus, it is possible to combine part-time and flexible work schedules.
Who is it suitable for?
Of course, a flexible work schedule is not suitable for everyone. However, this mode is popular in the IT sphere, as well as among various creative professionals - artists, designers and many others. The advantage is that the employee can work exactly when he is most focused on it . For example, for some people their peak performance occurs in the early morning, while for others it peaks in the afternoon. In addition, the transition to a flexible schedule is often associated with a person’s life circumstances. If the employer meets him halfway, both parties will only benefit from this.
Who is eligible for a flexible schedule?
Any employee has the right to a flexible schedule, including state or municipal employees.
Moreover, in 2021, as part of measures to prevent the spread of coronavirus infection, the Ministry of Labor of the Russian Federation developed methodological recommendations on the working regime for state civil and municipal employees. The agency recommends transferring them to a temporary flexible work schedule, since different arrival/departure times at the workplace help avoid crowding of employees.
Everyone has a day off, but you have work according to schedule
If your schedule is rotating, forget that holidays usually fall on the weekend. This may turn out to be this way, or it may turn out to be different - it all depends on how the schedule was planned. If Saturday or Sunday turns out to be intended for work, nothing can be done; this is a feature of the sliding schedule. They are considered normal workdays and are paid accordingly. An additional day of rest is not provided. The employee has no right to refuse to go to his workplace on this day.
FOR YOUR INFORMATION! Certain types of employees, such as mothers of children under three years of age, have advantages regarding work schedules. But not in cases where their signature is on the consent to a rotating schedule: there are no exceptions for them, that is, they will have to work on any day of the week that turns out to be working according to the schedule.
Holiday salary supplements for shift workers
With regard to payment for holidays that fall during work shifts, the general procedure established by labor legislation applies.
Important! In accordance with Art. 153 of the Labor Code of the Russian Federation, work on holidays is paid at least double the amount. Holidays and non-working days are listed in Art. 112 Labor Code of the Russian Federation.
Following the legally defined minimum level of holiday surcharges, the employer has the right to set its own amount of such surcharges. Their maximum limit is not regulated by law. The procedure for paying for holidays, like all other important nuances of salary calculations, must be reflected in the internal local act of the company (collective agreement, regulations on wages, etc.).
When calculating the salary of a shift worker, provided that in the billing month his work shifts coincided with non-working holidays, the following must be taken into account:
- if an employee starts his shift at 8:00 a.m. on a holiday and his shift lasts 11 working hours, all hours actually worked are subject to holiday surcharge in full;
- if part of the work shift falls on the night period (for example, from 20:00 on a holiday until the morning of the next day), the calculation of the holiday surcharge must be made only up to 24 hours of the holiday (in this case, 4 hours) - from 20:00 to 24 :00 holiday.
Maximum number of hours according to the 2020 production calendar
The 2021 production calendar has already been approved by the Government of the Russian Federation, and its text is available for free review. The total number of working hours is 1,979 per year. Anything that exceeds this figure is considered processing, which must be paid separately.
Each quarter has its own working hours. Current figures:
- 1st quarter - 456.
- 2nd quarter - 477.
- 3rd quarter - 528.
- 4th quarter - 518.
If the reporting period established by the employer is one quarter (3 months), then the maximum number of hours can be specified in the list above. To clarify the duration of one exit, it is enough to divide the maximum number of working hours by the number of employee exits. In this way, you can clarify whether there is a fact of processing or not.
At the same time, most employers, in order to avoid violations of the Labor Code, establish a reporting period of one year (for long-term contracts). This way they can compensate for overwork in one month with underwork in another.
about the author
Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. rusano [email protected]
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