Work shifts are divided into. How to reflect in pvtr the division of the operating mode into several parts? In what cases is it necessary to divide the working day?

Dear Lilia! Hello! In addition to the opinions of distinguished colleagues, consider the following:

according to article 135 of the Labor Code Russian Federation

The salary of an employee is established by an employment contract in
compliance with the payment systems of the employer
labor.
Remuneration systems, including the size of tariff rates, salaries
(official salaries), additional payments and allowances of a compensatory nature, including
for work in conditions deviating from normal, system of additional payments and allowances
incentive and bonus systems are established by collective
contracts, agreements, local regulations in accordance with
labor legislation and other regulatory legal acts containing
norms labor law.
Russian Tripartite Regulatory Commission
socially labor relations annually before submission to the State Duma
Of the Federal Assembly of the Russian Federation of the draft federal law on
the federal budget for the next financial year and the planning period develops
united
recommendations for establishing on federal, regional and
local levels of salary systems for employees of state and municipal
institutions. These recommendations are taken into account by the Government of the Russian
Federation, bodies executive power subjects of the Russian Federation and
bodies local government when determining volumes financial security
activities of government and municipal institutions, including in the field
health care, education, science, culture. If the parties to the Russian
tripartite commission for the regulation of social and labor relations did not reach
agreements, these recommendations are approved by the Government of the Russian
Federation, and the views of the parties to the Russian Tripartite Regulatory Commission
social and labor relations are communicated to the constituent entities of the Russian Federation
By the Government of the Russian Federation.
(as amended by Federal laws from
20.04.2007 N 54-FZ, from 25.11.2013 N
317-FZ, dated 02.04.2014 N
55-FZ)
Local regulations establishing payment systems
labor accepted by the employer taking into account the opinion of the representative body
workers.
The terms of remuneration determined by the employment contract cannot
be worsened in comparison with those established by labor legislation and other
regulatory legal acts containing labor law norms, collective
contract, agreements, local regulations.
The terms of remuneration determined by the collective agreement,
agreements, local regulations, cannot be worsened by
compared with those established by labor laws and other regulatory
legal acts containing labor law norms.

The normative acts of the USSR cited by you are not binding at the present time due to the plurality of forms of ownership and the new Russian legislation(see Articles 423,424 of the Labor Code of the Russian Federation).

At the same time, your Employer, taking into account the opinion of employees, has the right to establish certain allowances and / or additional payments in this or that case, including when dividing the working day.

Perhaps you and your colleagues should raise this issue through collective bargaining to the Employer.

Article 105 of the Labor Code of the Russian Federation regulates division of the working day into parts. found that in those jobs where it is necessary due to the special nature of work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established one duration daily work... Such division of the working day is made by the employer on the basis of the local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization. By general rule the norm of hours of daily work (working day, work shift) is distributed so that it is worked out by the employee during one break for lunch and rest, lasting no more than two hours. Article 105 of the Labor Code of the Russian Federation allows an exception from this rule, according to which the working day can be divided into parts (divided working day) in the manner prescribed by the local regulatory legal act. At the same time, the total duration of daily work should not exceed the duration established by legislation and the shift schedule.

A fragmented working day is introduced when the need for intense work increases during peak hours and decreases in the middle of the working day. Most often, such a working time regime is used in urban transport, in maintenance services, in communications organizations, etc. As a rule, the introduction of such a regime for an employee involves an appropriate monetary compensation.

The local normative act, which regulates the division of the working day into parts, provides for the circle of employees, the duration of the parts into which the working day is divided, and the breaks between them.

Is it possible to split the working day into parts of a bus driver who does not work on regular city, suburban and intercity routes? The Order of the Ministry of Transport No. 299 spelled out the procedure for dividing the working day into parts only for bus drivers working on regular city, suburban and intercity routes. If division is still possible, then is it necessary in this case to be guided by Order No. 299?

Answer

Yes, separation is possible. It is necessary to be guided by Art. 105 of the Labor Code of the Russian Federation.

Article 105 of the Labor Code of the Russian Federation establishes that in those jobs where it is necessary due to the special nature of labor, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts.

In this case, the following rules must be observed:

The total duration of the working time must not exceed the established duration of the daily work;

To divide the working day into parts, it is necessary to adopt a special local normative act, taking into account the opinion of the primary trade union organization.

Labor law does not establish the number of parts into which a working day can be divided.

For details, see the materials in the rationale.

The rationale for this position is given below in the materials of "Sistema Kadry" .

Article: "Portioned" work, or Divide the working day into parts

"The division of the working day into parts is one of the types of working hours * (Part 1 of Art. 100, Art. 105 of the Labor Code of the Russian Federation).

Such a regime cannot be established arbitrarily or at the request of one of the parties to the employment relationship. In the event of a labor or tax dispute, the employer will have to prove that there were objective reasons for such a division *.

The components of the divided working day for certain categories of workers are determined by sectoral regulatory legal acts. The employer needs to take into account their provisions when developing a local document.

At the same time, the presence of normatively fixed lists of professions and positions of employees, the working day of which is allowed to be divided into parts, does not exclude the possibility of applying this regime to other employees.

Article 105 of the Labor Code of the Russian Federation indicates that the working day is divided into parts by the employer on the basis of a local regulatory act (hereinafter - LNA), adopted taking into account the opinion of the elected body of the primary trade union organization (if the company has a trade union). This means that such a regime can be established for any employee if there are objective reasons for this and a certain procedure has been followed.

Grounds for dividing the working day into parts

Performing work where it is necessary due to the special nature of the work;
performance of work, the intensity of which is not the same during the working day (shift) *

As can be seen from the definition of the regime under discussion, there are some restrictions when dividing the working day into parts. Thus, the total duration of working hours should not exceed the established duration of daily work. At the same time, the employer must keep strict records of the hours worked in the timesheet. It is affixed total amount the actual hours worked, which should correspond to the established daily work duration.

For example, if the working day (shift) is 8 hours, then regardless of the division into parts work time should also be 8 hours.

At the same time, in the top line of the column "Notes on attendance and non-attendance at work by days of the month", the code "I" or "01" is put in front of the employee's surname, and the duration of work in this mode is indicated in the bottom line.

Unpaid breaks

note

Work when dividing the working day into parts does not apply to shift work (Article 103 of the Labor Code of the Russian Federation)... These are different working hours, regulated by various norms of the Labor Code of the Russian Federation.

Break time during working hours is not included and is not paid. The number of parts into which a working day can be divided, as well as the duration of unpaid breaks between them, are not regulated by the Labor Code of the Russian Federation and are determined by the employer. As a rule, these are two approximately identical parts with a break of more than two hours.

The division of the working day into parts creates inconvenience for employees who are forced to leave workplace and then go back to work. Therefore, despite the unpaid breaks, the employer will still have to reimburse such costs.

When work is performed in conditions that deviate from normal, the employee is paid appropriate payments. These conditions include, among other things, the mode of dividing the working day into parts. These payments can be provided for by legislation, collective agreement, agreements, LNA, labor contract (Article 149 of the Labor Code of the Russian Federation)... They are considered compensatory and are not counted in the amount of salary. (ruling of the Supreme Court of the Komi Republic dated 13.01.2011 No. 33–8 / 2011).

EXAMPLE

Women (regardless of where they live) working in countryside where, according to working conditions, the working day is divided into parts (with a break of more than two hours), wages are increased by 30% (Clause 1.7 of the resolution of the Supreme Soviet of the RSFSR dated 01.11.1990 No. 298 / 3-1 "On urgent measures to improve the status of women, families, protection of motherhood and childhood in rural areas").

To the leaders structural units railways, when working with the division of the working day (shift) into parts (with a break in work for more than two hours), an additional payment of up to 30% of the tariff rate (salary) for the hours actually worked may be established (clause 4.4 of the Regulations on remuneration of employees of branches of an open joint stock company"Russian railways", Approved by the decision of the Management Board of JSC "Russian Railways" dated 15.04.2004, minutes No. 8).

Failure to establish a surcharge or establish it in a smaller amount than is provided for by regulatory enactments In practice, far from all employers establish an additional payment for dividing the working day into parts for employees, mistakenly believing that the law does not determine its size for all categories of employees.
The employer does not have the right to establish a lower amount of additional payment than is provided for by the industry regulatory legal act or the industry agreement to which he has joined.

An employee whose working day is divided into parts must be given a break for rest and meals

The provision on the provision of a break is mandatory for all employers, regardless of the organizational and legal form and form of ownership, as well as the working hours established in the organization, the length of the working day (shift), etc. (ruling of the Supreme Court of the Komi Republic dated June 25, 2012 No. 33-2603AP / 2012).

The time provided for rest and meals can be used in any part of the working day, it can also be added to one of the breaks between parts. The main thing is that it should be at least 30 minutes and no more than two hours. Such a break is not included in working hours and is not paid (parts 1, 2, article 108 of the Labor Code of the Russian Federation).

Registration procedure

The introduction of the mode of dividing the working day into parts assumes the following algorithm of actions.

STAGE 1. We develop the LNA project

This can be a special section of the internal labor regulations or a separate LNA that establishes the procedure and conditions for dividing the working day into parts, for example, the Regulation on working hours (Appendix 2).

In such a document, you must specify the following information:

 the number of parts of the working day;

• duration, start and end time of each part;

 the number and duration of unpaid breaks during the working day;

 duration, start and end time of breaks for rest and meals;

 the date from which the division of the working day into parts is introduced;

 the period during which this regime is in effect (when a certain period is established);

 the amount of additional payment to the employee for dividing the working day into parts;

 other conditions (if necessary).

STEP 2. We receive a motivated opinion of the trade union committee (if any)

If a trade union committee is created in the company, then the LNA is adopted taking into account his opinion (Articles 105, 372 of the Labor Code of the Russian Federation)... Accordingly, if there is no trade union in the organization, this stage is excluded.

Step 1. We send LNA to the trade union committee

The document is attached to cover letter (Annex 1)... In the substantive part of the letter, you need to state the reasons for the approval of the regime for dividing the working day into parts and contact the trade union committee with a request to formalize a reasoned opinion.

It is important to record the fact of receipt by the trade union committee of such a letter (for example, a mark of receipt on a copy), since this date will begin the countdown of the period during which the trade union committee is obliged to send a reasoned opinion.

Step 2. We get a motivated opinion of the trade union committee

The trade union committee must send the employer a written reasoned opinion on the LNA project no later than five working days from the date of its receipt. If this did not happen or the trade union committee presented an unmotivated opinion, the employer has the right to approve the LNA in its original form.

note

Taking into account the opinion of the trade union committee does not mean agreement with the LNA. The employer has the right to listen to the motivated opinion of the trade union committee or decide the issue at its discretion and approve the LNA in the form in which it considers appropriate.

Step 3. We take into account the motivated opinion of the trade union committee

If the trade union committee agrees to the approval of the LNA in the presented form, then after receiving his written reasoned opinion on the LNA, a note is made: "The opinion of the trade union committee is taken into account (minutes from" ____ "_________ 20 ___, No. ______)". Such a mark can be affixed under the signature of the originator of the document or approval visas.

If the trade union committee did not agree to the approval of the LNA in the presented form and the employer agrees with the amendments made, the LNA is sent for revision taking into account the comments made and only after that it is approved with the same note about taking into account the opinion of the representative body of workers.

If the employer does not agree with the amendments, within three days after receiving the opinion, he must:

1. Notify the trade union committee about the time and place of additional consultations.

2. Conduct additional consultations.

3. Draw up a protocol based on the results of the consultations, indicating in it:
(or) the agreements reached on the LNA;
(or) the fact of failure to reach agreement between the parties on the arisen disagreements.

After completing the protocol, the employer approves the LNA and makes a note about taking into account the opinion of the trade union committee.

STEP 3. We approve the LNA

LNA, which provides for the division of the working day into parts (Appendix 2) must be approved by the head of the organization by:

 affixing in the upper right corner to title page LNA of the stamp "I approve", the name of the position of the person approving the document, his signature, full name and date of approval;

 or the issuance of an order for the main activity, putting this document into effect (indicating the specific date of introduction, as well as the persons responsible for monitoring the execution of the LNA).

STEP 4. Introducing employees to LNA

The employer must familiarize employees for whom the regime of dividing the working day into parts has been introduced with the corresponding LNA under the signature both when hiring (before signing an employment contract) and in the case when an employment contract has already been concluded with them.

STEP 5. We conclude additional agreements to labor contracts

Working hours and rest hours (if for this employee it differs from general rules valid for this employer) is one of the conditions that must be included in an employment contract (paragraph 6, part 2, article 57 of the Labor Code of the Russian Federation).

In this regard, the introduction of the regime for dividing the working day into parts in accordance with the approved LNA is recognized as a change mandatory conditions labor contract. It can be done only with the consent of the employee, i.e. after making the appropriate changes to writing to the employment contract concluded with him (Article 72 of the Labor Code of the Russian Federation).

V additional agreement to the employment contract, it is necessary to provide conditions for a new regime for dividing the working day into parts, rest time and additional payment for such a regime.

With regard to newly hired employees, whose working day is divided into parts, all of the listed conditions will be spelled out in the text of the employment contract (Appendix 3).

A RESPONSIBILITY

If the employer does not establish a supplement for dividing the working day into parts, the employee can apply for the protection of his rights in state inspection labor. Having considered the complaint, the GIT may issue an order to eliminate violations labor legislation, mandatory for the employer (Article 356, paragraph 6, part 1 of Article 357 of the Labor Code of the Russian Federation).

Appendix 2. An example of execution of the Regulation on working hours (fragment)

Appendix 3. An example of drawing up an employment contract with the condition of dividing the working day into parts (fragment)

In Art. 105 of the Labor Code of the Russian Federation states that when performing work of a special nature, as well as work with different intensity of work during the working day (shift), the working day can be divided into parts. But at the same time, the total duration of working hours should not exceed the duration of daily work. The division of the working day into parts must be carried out by the employer by issuing a local normative act, adopted taking into account the opinion of the elected trade union body of this organization. The content of the current legislation allows us to single out the following legally significant circumstances, the proof of which allows us to recognize the legal and justified division of the working day into parts.

First, it is required to prove the issuance of the order on the division of the working day into parts by the authorized representative of the employer in compliance with the procedure for taking into account the opinion of the trade union, the current organization. The authorized representative of the employer when issuing this order is a person who has such powers in accordance with the constituent documents.

The publication of a local normative legal act on the division of the working day into parts without going through the procedure for taking into account the opinion of the trade union of the organization, as well as refusal to take into account the reasons stated in such an opinion are grounds for its invalidation in court.

Secondly, it is required to prove the legality and validity of the publication of a local normative act on the division of the working day into parts. The law connects the introduction of this mode of work with a special nature of work or with a change in the intensity of labor during the working day (shift). In this connection, an order can be recognized as legal, which indicates the specific features of the work, which necessitate the division of the working day into parts. The special nature of the work may be associated with the inability to perform labor duties during the working day. For example, it is very difficult to clean up office space in the presence of employees. In this connection, the working day for cleaning the premises can be divided into parts. The first part of the working day can run before the start of work in the organization, and the second - after its end.

The legal basis for dividing the working day into parts is the change in the intensity of labor during the working day (shift). In this connection, an order on the division of the working day into parts, which specifically indicates the intervals of the working day (shift) that require the most intensive work, can be recognized as legal. A typical example of the use of this foundation is the work of urban passenger transport.

To recognize the order of the authorized representative of the employer as justified, the special nature of the work, requiring the division of the working day into parts, or a change in the intensity of work during the working day (shift) must be confirmed by relevant, admissible, reliable and sufficient evidence. In this case, instructions on the work duties performed by employees, information on the flow of passengers during the working day can be used as evidence.

Thirdly, the division of the working day into parts is the establishment by the order of the employer of a break or breaks during the working day (shift), the duration of which exceeds two hours. A break during the working day, not exceeding two hours, in accordance with Art. 108 of the Labor Code of the Russian Federation is recognized as a break for rest and meals. Therefore, the establishment of a break during the working day for more than two hours is recognized as dividing the working day into parts.

When dividing the working day into parts, daily accounting of working hours is also used, since Art. 105 of the Labor Code of the Russian Federation obliges the employer to ensure compliance with the established norm of hours by employees with this working regime on a daily basis. Consequently, any excess of this norm should be recognized as work outside the normal hours of work.

Thus, the following conclusions can be drawn.

The working time regime is the procedure for distributing the work of the enterprise during the day, calendar week, month.

The procedure for distributing working time during the day provides for the number of work shifts, the start and end time of work in each shift, the time of breaks (for meals, technological, etc.), irregular working hours, flexible schedule work, alternation of working and non-working days, dividing the working day into parts, part-time (shift).

For certain categories of employees, irregular working hours may be established, in which it is allowed to perform work in excess of the established duration of the working day. In this case, the work performed is not considered overtime.

For certain categories of workers or collectives of divisions of enterprises, both when hiring workers and subsequently, a flexible (rolling) work schedule can be established. In this case, the start and end time of the working day is determined by agreement between the employee and the administration.

In order to use equipment more efficiently and increase production output, or if the duration production process exceeds the permissible duration of daily work, the introduction of 2, 3 and 4-shift work is allowed.

Labor legislation provides for three main types of accounting for working hours: daily, weekly, summarized. For each of these types, the hours worked for each working day are taken into account.

The division of the working day into parts is a special type of work schedule that is practiced in some firms with certain specifics labor activity... About a similar schedule and payment work will go speech in the article below.

In this article, you will learn:

how the working day is divided into parts;
how the surcharge for dividing the working day into parts is established;
whether there is a liability for refusal to establish a surcharge for dividing the working day into parts;
how to document the establishment of the division of the working day into parts with the corresponding payment.

Dividing the working day into parts

When company employees perform work duties of varying intensity during the working day, the organization's management can divide the working day into parts. Accordingly, the remuneration for such work at different periods of time is also different. This approach is used to ensure that employees of the company use their working time as efficiently as possible.

The rules and regulations governing such a work schedule are spelled out in Article 105 Labor Code Russian Federation. With such a schedule, the total duration of the working day should not exceed the established 8-hour limit, and it does not matter at what time of the day the employed citizen is present at the workplace. Most often, this system is practiced at livestock enterprises and in companies associated with the provision of transport, utilities, air transportation and so on.

As with regular workers, employees with split work schedules must take a break during workdays. If such a break lasts more than 2 hours a day, then the system falls under the definition of a divided working day. It should be borne in mind that dividing the working day into parts is not always shift work, so the employer must carefully analyze the methodology for scheduling visits to workplaces by subordinates.

During the divided working day, employees experience certain inconveniences, since they have to leave the workplace for a long time, returning to the office or workshop after a few hours. These nuances should be compensated for by a certain material payment, the value and presence of which must be clarified when drawing up a collective or labor agreement, indicate in staffing table and other regulatory local documents.

The amount of additional payment for dividing the working day into parts is established for each employee in individually... The bonus is a percentage of the employee's daily salary, and can range from 30 to 70%. The additional payment also depends on what position the citizen holds, what working conditions are present at his workplace, and at what time of the day he must perform his duties.

Is there a liability for refusal to establish a surcharge for dividing the working day into parts?

Although the legislation does not establish clear boundaries by which the employer must navigate when planning the work schedule, the need to establish additional payments for dividing the working day into parts is his direct responsibility. Each employee, whose working day has specific features, should be able to receive certain additional payments to the main wages, which are not only stimulating, but also mandatory.

If an employee works according to such a schedule, but the immediate manager of the enterprise refuses to compensate for the division of working hours, a citizen can file a complaint with the authorities for the protection of workers' rights. Based on the results of the audit, if the inspection bodies establish the fact of violations, administrative responsibility may be imposed on the director of the company. Individuals will be obliged not only to eliminate errors in local acts, but also to pay a fine in the amount of 1000 to 5000 rubles, and legal entities- from 30,000 to 50,000 rubles.

How to document the establishment of the division of the working day into parts with an appropriate surcharge?

To begin with, it is necessary to draw up a draft local normative act, which will spell out the need to establish a divided working day, indicate the amount of additional payment and positions for which this document is relevant. Further, the form of the document is sent to the trade union committee, whose members prepare a response with agreement or objection to any points of the project.

If consent is received from the trade union committee, local act approved and undergoes the signing, registration and approval procedure. The payment of surcharges and the divided work schedule begin to operate from the date prescribed in the order of the head of the organization.