What is a sliding schedule according to the Labor Code of the Russian Federation?
We should immediately note that the standards of the Labor Code do not actually regulate the implementation and application of a sliding schedule. It is mentioned only in Article 100, which deals with various modes of operation of enterprises.
note
Article 102 of the Russian Labor Code is devoted to flexible work schedules, which are often associated with sliding ones. But they have differences, we will definitely study them below.
The sliding schedule is very popular and is used by different employers.
A sliding schedule means that a person does not have strictly established work shifts and fixed days off. The work shift can be either standard - 8 hours, or extended to 10 or 12 hours. As a result, the mode of summing up the time worked is used; Article 104 of the Labor Code is devoted to this method of recording it.
Important
A rotating schedule should not result in overtime. Remember that there are standards for working hours per week and month, you need to take them into account.
Flexible working hours: how to create and maintain records
- Night time is defined as from 22.00 pm to 6.00 am.
- For work in the evening and night hours, increased pay is assigned: at least 20% for evening hours, at least 40% for night time.
- The exact amount of the premium is fixed in the local acts of the enterprise (Article 154 of the Labor Code of the Russian Federation).
This is a work and rest schedule that involves moving days off and/or changing the length of the working day according to the needs of the employee and the enterprise. A flexible schedule is also called a sliding schedule. This schedule allows the employee to choose a convenient time for him to perform work duties.
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When and where is a flexible work schedule used?
A sliding work schedule is quite often established where the company cannot use the usual five or six days, as well as strictly regulated shifts.
Professions whose representatives most often work on a staggered schedule:
- Security guards. Yes, security is needed, but if the company does not work around the clock, then there is no need for its presence all 24 hours. A striking example is stores open from 7 a.m. to 10 p.m.
- Sellers. The principle here is the same as that of the security guards. If the store is not open 24 hours a day, no shifts are set, but a standard working day lasts more than 8 hours, and retail outlets usually have no days off.
- Consultants, telecom operators. They also often work seven days a week, but not 24 hours a day.
Important
A sliding work schedule is very rarely established for managers, administration, and highly qualified specialists. Most often, this option for organizing working time is used for line employees.
Order to transfer an employee to a staggered work schedule
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.
Elements of a sliding schedule First of all, it is necessary to reflect variable (flexible) working hours. For example, in accordance with the schedule, an employee can start her working day between 8 and 11 o’clock and end between 17 and 20 o’clock. Then you should decide on a fixed time. This is the time when the employee must be present at work. Let's say from 11 to 17 o'clock.
How does a sliding schedule differ from a flexible one?
We admit that rotating and flexible work schedules have a lot in common:
- They both involve summing up working time to accurately record it.
- There are equal restrictions on the use of such work schedules established by law. Let's look at them below.
- Both make it possible to use non-standard schedules and organize the work of employees in the most convenient way.
But there are significant differences between a sliding schedule and a flexible one:
- The employee agrees to such terms of the employment contract, after which the employer has the opportunity to independently change the schedule, if this does not contradict the laws. A flexible schedule must be agreed upon with the employee each time before changes are made.
- A sliding schedule is much more stable and is used for ordinary employees. Senior staff and representatives of professions where it is difficult to establish a fixed schedule, for example, repair crews, can work on a flexible schedule.
- A rotating schedule is advance planning of working time. For example, an employee knows for sure that after working for two days, he will rest for the next two days. A flexible schedule changes much more often; it is difficult to plan something for the long term.
We draw up an order to change the work schedule
An order to change the work schedule - a sample is presented on our website - should be issued whenever it is necessary to change the work schedule of all employees or a certain group in the organization. Let's look at how to do this legally.
The work schedule is an essential condition of the employment contract, therefore, the employer can change it without agreement with the employee, that is, forcibly, only by following the procedure of Art. 74 Labor Code of the Russian Federation. In this case, two conditions must be present simultaneously:
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How does a sliding schedule differ from a shift schedule?
You should also not confuse a rotating schedule with a shift schedule. They have even more differences than with flexible:
Shift work is ideal for businesses, usually manufacturing, that do not stop around the clock. For a rolling schedule, this is very rare.- Time worked will be recorded based on shifts when the employee worked as scheduled. And according to a sliding schedule, as we already know, summarized accounting is carried out.
- Employees must be notified one month in advance that a shift schedule is being introduced at the enterprise or changes are being made to it. In the case of a rolling schedule, this is not a mandatory legal requirement.
- The shift work schedule is regulated by Article 103 of the Labor Code, but the sliding work schedule, as we already wrote, is not.
- Night shifts should be reduced by an hour. There is no such norm in a sliding schedule.
Additional agreement sliding schedule
3. The additional work assigned to the Employee will be carried out within ________ months by combining professions (positions) without exemption from the main work determined by the employment contract. 4. For additional work performed under this additional agreement, the Employee receives additional payment in the amount of ________ (________________________) rubles per month.
5. This additional agreement comes into force from the moment it is signed by both Parties and is an integral part of the employment contract No. _____ dated “__”________ ____. 6. This additional agreement is drawn up and signed in two copies having equal legal force, one of which is kept in the Employer’s files, the other is transferred to the Employee.
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An example of setting a sliding work schedule two in two days
Let's take the most common version of a sliding schedule, when employees work for two days for 12 hours, and then rest for two days.
To implement such a schedule in an enterprise, you need to go through the following steps:
- Adopt and formalize local regulations. Their form can be different, there are no strict standards. The main thing is that the implementation of a rolling schedule is documented, and that employees familiarize themselves with these documents and understand their meaning. In addition, you should indicate the period for which a sliding schedule is introduced for certain categories of employees. Usually this is a calendar year, no more.
- Draw up an employment contract that clearly states the use of a sliding work schedule. There is no need to specify exactly on what days and in what rotation the employee will work. You can simply indicate in the contract references to regulations adopted by the enterprise.
- Make your own work schedule. We take a calendar for a month and simply set exits and weekends two after two, indicating the number of hours. In our case, the schedule will look like this: the 1st and 2nd are 12 hours each, the 3rd and 4th are weekends. And so on throughout the month.
- It must be taken into account that a schedule of two after two, 12 hours each, will result in the employee working 42 hours in one workweek. And this is already recycling! In this regard, the employee must be entitled to additional days off during this accounting period.
Sample order to transfer an employee to a shift work schedule
The document is signed by the head of the company. It is also necessary to familiarize employees with its provisions. Based on the order, new labor regulations (or additional agreements to employment contracts) are subsequently drawn up, which fix the changed work schedule.
5. Provide employees with annual paid leave of _________________ calendar days, consisting of a basic leave of _____________________ (at least 28) calendar days; additionally _________ calendar days.
Limitations when implementing a staggered work schedule
When introducing a sliding schedule, it is very important to take into account legal norms, including those relating to the working week - 40 hours, no more . But it is not at all necessary to take into account only one week worked; you can calculate the number of hours for the entire accounting period, because the employee may, on the contrary, have fewer working hours the next week. Thus, processing can be leveled out within a month.
Important
If, after a summary recording of working hours, it turns out that the employee did work overtime, then such hours are considered overtime and are paid at an increased rate.
In addition, the employer must not forget that there are categories of employees and types of activities for which a shorter working day is established. These standards must be taken into account when setting a sliding schedule.
Important
According to a staggered work schedule, the employee must also have a lunch break, because his shift will exceed the standard established for this - four hours.
You should also take into account the specifics of the enterprise’s activities, including the standards established for working in hazardous and hazardous conditions.
Important
In any case, under a rotating schedule, the employee must have a minimum of 42 hours of uninterrupted rest in one week. That is two days off in a row.
Order on approval of a sliding work schedule sample RB
That is why the employer organizes alternating shifts: the one who worked this morning will work a day tomorrow, then a day off, then at night and again a day off, and then again a day, etc., and so on without exception for everyone who busy in this mode.
There are no special requirements for familiarization with the report card within a certain period and there is no need to coordinate it with the representative body of employees. The employer can only not exceed the established duration of the working day and provide workers with rest in accordance with the requirements of Art. 110 Labor Code of the Russian Federation.
How to reflect a flexible work schedule in an employment contract, sample document
The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.
Lateness without a valid reason, absenteeism, violation by an employee of the flexible lunch break period specified in the employment contract are grounds for the application of these measures.
Additional agreement sliding schedule
1.8. For work in difficult, harmful and (or) dangerous conditions, the Employee is provided with the following compensations and benefits: _________________________ (this clause is included in the text of the contract if the work is carried out under the above conditions).
In order to correctly formulate a sliding work schedule, a sample of work shifts is presented below. Two groups of partners work one day in the morning shift from 7:00 to 14:00, the next - in the evening shift from 14:00 to 19:00. Thus, two teams have the opportunity to not work for two week-long weekends. In the event of a public holiday, the shift ends one hour earlier than scheduled.
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