When applying for a job and interviewing at a new company, in addition to the salary, we are almost always interested in the promised working conditions. This is not surprising, because different fields of activity have their own work schedules. Based on an additional agreement, an employee can be provided with an individual work schedule, taking into account the specifics of his activity - it may include alternating day and night shifts, staggered hours and other features.
But many employees and employers are faced with some restrictions every now and then. The fact is that there are certain requirements for drawing up a schedule, non-compliance with which may become a violation of the labor legislation of the Russian Federation. That is, you most likely will not be able to distribute your working time according to your own wishes. We’ll tell you how to correctly create a work schedule for employees and what needs to be taken into account.
What does it mean
The Labor Code of the Russian Federation obliges the employer to keep strict records of the actual time worked by all its employees. And this is not without reason - after all, it is according to the work schedule that wages are paid.
The schedule, according to the Labor Code of the Russian Federation, determines the daily time of arrival and departure of an employee from work, the time of breaks, and sometimes even the work area assigned to him. It is a very important document for any organization and is usually drawn up a month in advance, although this period is not formally regulated anywhere. Most often, such a graph looks like a table, each row of which is assigned to a specific employee.
In other words, the work schedule of employees is the period of their work and rest . Like any other document of a formal nature, it is regulated by both federal regulations and local documents. The employer’s task is to coordinate the schedule with trade union bodies so as not to give unnecessary workload to subordinates.
Answer
The schedule is formed for a period equal to the validity period of the law (municipal legal act) on the budget, through which procurement is financed. The schedule includes information about all customer purchases; no exceptions are provided.
The law does not directly indicate that the schedule must include all purchases from the PFHD. However, differences in volume in the schedule and PFHD may arouse suspicion among regulatory authorities. In addition, the customer runs the risk of not passing financial control when placing it in the Unified Information System.
We also note that changing the schedule is possible in a limited number of cases. Therefore, failure to include in the purchase schedule the purchase provided for by the PFHD will seriously complicate the inclusion of this purchase in the future schedule.
The procedure for the formation, approval, amendment and placement of procurement plans and schedules in the Unified Information System was approved by Decree of the Government of the Russian Federation of September 30, 2019 N 1279.
Classification by type
When drawing up a schedule, you need to take into account the specifics of the organization’s work and the number of hours that the employee spends at the workplace. This also includes the length of the working day, the working week, as well as the regime of rest, vacations and fixed break times. In accordance with Article 100 of the Labor Code of the Russian Federation, an employee’s work schedule can be:
- Single shift (regular);
- Irregular;
- Flexible or sliding;
- Shift work, including on a rotational basis;
- Fragmented.
The majority of the working population works on a single-shift schedule. Many employees clock in and out at the same times every day, while working a fixed number of hours per week—usually 40 or less . All hours worked in excess of this standard are considered overtime and must be paid additionally.
The maximum working day according to labor law is from 8 to 12 hours.
Irregular working hours are allowed to be introduced only for certain categories of employees. This means that employees can be involved in work activities during additional hours stipulated by the contract. For this he is entitled to benefits and a variety of compensation. As for the flexible schedule, it is extremely convenient for students, because under such a regime they can, at their own discretion and in agreement with the management, vary the time of arrival and departure.
With a shift schedule, the employee performs his duties at a certain frequency throughout the week . In this case, remuneration is based on hours worked. As with the regular schedule, overtime hours must also be paid additionally. But a fragmented working day is not so common in our country - in this case, the working day is divided into several parts, between which there is a place for rest.
Sample and form
Labor legislation does not provide a standard form for drawing up a monthly work schedule for employees. It can be made in any form - table, calendar, chart, etc.
The easiest way is to format the document in table form. For example, you can indicate its serial number in the first line, the full name of the employee in the second, and leave the remaining columns for filling in the numbers of a specific month. Do not forget to allocate a separate column for filling in each working day.
But despite the fact that the schedule is not a document of the most strict form, it is recommended to follow a certain structure when drawing it up. In particular, it must contain the following information:
- Full name of the company (in accordance with the constituent documents);
- The name of the unit or department for which the schedule applies;
- Document number (in accordance with internal document flow);
- Duration of the document and beginning of entry into force;
- Full name and position of the manager;
- Full name and position of the employee;
- The total duration of the working day or shift;
- Number of shifts.
All this data can be indicated at the beginning of the document or in the middle, on the left or on the right - it doesn’t really matter. It is only important to take into account that next to the name and position of the manager there are several empty lines for his signature. This must be done for the employer to approve the completed schedule. There should also be signatures of employees familiar with the table data. You can also supplement the schedule with other columns, for example, enter the employee’s personnel number or his hourly rate. Under the table itself, it is advisable to indicate the explanation of all abbreviations or indicate the total number of subordinates.
Monthly employee work schedule form.exl
Sample monthly employee work schedule.exl
Question
In accordance with clause 7. Art. 16 44-FZ, the schedule is formed by state, municipal institutions, state, municipal unitary enterprises in accordance with the requirements of this article when planning the financial and economic activities of state, municipal institutions, state, municipal unitary enterprises and is approved within ten working days after approval, respectively plan for the financial and economic activities of state, municipal institutions, plan (program) for the financial and economic activities of state, municipal unitary enterprises. Should the schedule include all purchases for 2021 - 2023 provided for by the PFHD? Or you can add purchases closer to the date of publication of notices or conclusion of sole source contracts. Is there any regulatory act that stipulates what the schedule should include?
How and by whom it is filled out
The law does not clearly define who should set employee work schedules. This responsibility can be assumed by the head of the human resources department or the head of the department . But the main thing is that he has access to all the necessary information - from the duration of shifts to the vacation schedule. In addition, it is important to remember that it will not work to draw up a work schedule, guided only by the wishes of the employer and employee - everything must be within the framework of the law.
Another important point is document approval. Only the head of the company can do this, after which the document is sent for signature to the head of the legal department.
As for the special order on the approved schedule, we will not find any information about this in the Labor Code of the Russian Federation. This means that drawing up an order or not is solely a matter for the organization’s management and the principles of maintaining its internal documentation. That is, the absence of an order one way or another will not constitute a violation of the law.
Shift schedule: sample
It was already noted above that the management of the enterprise must notify employees about this one month before the introduction of a new working time schedule.
The management of the enterprise, by appropriate order for the enterprise, must approve the drawn up shift schedule. The introduction of this schedule is formalized by a separate order of management. All employees who will be affected by the upcoming changes must be familiar with this order.
In 2021, there is no single standard form of shift schedule. However, there is a list of mandatory items that this schedule must contain.
Reference
A typical shift schedule contains the following:
- The name of the organization and the position of the manager who approves the schedule;
- The name of the department of the organization in which it is entered;
- The date when the document was drawn up and the period for which the schedule applies;
- Names and surnames of employees in order, as well as their personnel numbers;
- Dates of the month;
- An indication of the nature of the shift when a particular employee goes on a specific day of the month;
- Shift start and end time;
- Time relax.
As already mentioned, there is no standard form of the schedule, so it is drawn up in any form, taking into account the requirements stated above.
Experts interpret a shift work schedule in approximately the same way - a work regime in which an employee’s schedule may change on different days. This mode of operation is necessary for organizations that operate around the clock. Among government agencies, these are ambulance, police, firefighters, Ministry of Emergency Situations, and so on. Commercial enterprises include supermarkets, cinemas (24/7), cafes, gas stations, etc.
Problems most often arise when switching to a shift schedule. Employees must be notified in writing at least 2 months in advance of changes in the work process. If the performance of shift duties interferes with the performance of other work duties, then a formal change in the employment contract must be formalized.
Employees whose activities are initially linked to a shift schedule are familiarized with the work schedule no later than a month before it begins. If an employee is transferred to this mode from another, then he is warned about such a change at least 2 months in advance, since this significantly changes the terms of the employment contract.
For more information on the procedure for changing the terms of an employment agreement, read the material “Notice of changing the terms of an employment contract (2016)”.
If you have violated the rights of workers, then find out what awaits you by following the link.
The schedule is necessary in order to record on paper the working hours of each employee. And then calculate wages, other types of compensation and transfers.
What is shift work?
Such a schedule is required for the following enterprises:
- Organizations providing security with remote controls.
- Fire and gas safety services.
- Inpatient services with ambulance.
- Police officers.
- Certain groups of drivers.
For industrial enterprises, a shift schedule will make it possible to effectively manage all the capacities of existing equipment. Considering the low power losses at night, many devices increase their efficiency.
Unified State Register of Individual Entrepreneurs - what it is and how to get the corresponding extract, read here.
Due to this, production output increases. This situation has a positive effect on the profits of enterprises.
On airline flights and on railway trains, shift work schedules are also used on a permanent basis.
The employer must perform several actions to ensure that the shift schedule is introduced in accordance with all the rules:
- First, a separate order is issued stating that the operating mode is changing.
- The collective agreement and the Rules of the employment contract reflect the condition for the introduction of a new procedure.
- A shift schedule is drawn up.
- Prescribing conditions in an individual employment contract with each employee.
There is another series of data, the indication of which is mandatory:
- Alternation between working/non-working days.
- Number of shifts in one day.
- Breaks.
- The time when work begins and ends.
- How long is the shift each day? Even if it is incomplete.
- Length of working hours per week.
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If the employment contract was concluded before the new procedure was introduced, appropriate changes are made to the document afterwards.
- Working hours should not be longer than those described in the established standards.
- It is necessary to have periods of rest and time for meals. The same applies to technological breaks.
- One of the sections is devoted to the sequence and rotation of workers in shifts.
- In a calendar month, write the number of weekends with working days.
- Any information is determined without which it is impossible to accurately determine the working hours.
Creating a shift schedule using the program.
There are also requirements that are prescribed in the Labor Legislation:
- One shift cannot last longer than 12 hours.
- It is prohibited to work two shifts in a row.
- It is important to comply with the working hours established by the text of the Labor Code of the Russian Federation. The work schedule should not contain conditions for overtime work.
Compilation rules
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.
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.
If it is necessary to organize shift work, the employer needs to develop diagrams of the shift schedules used by him, including them as an integral part in the internal labor regulations. These schedules are drawn up for a specific period with specific names, work dates and shift lengths.
Shift work refers to working under flexible working hours. Labor legislation regulates the specifics of its organization, accounting and payment.
The employer needs to correctly calculate the duration of work shifts and rest breaks, draw up a shift schedule, promptly familiarize employees with it, record the time actually worked by employees, and then correctly calculate wages taking into account the peculiarities of shift work.
