Summarized recording of working hours with a sliding schedule

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.

How to calculate working hours correctly

In the case where an employee was previously hired to work with a regular forty-hour week schedule and fixed days off, but there is a production need to transfer him to a work schedule using summarized accounting, then his employment contract must be changed (Article of the Labor Code of the Russian Federation and Article of the Labor Code of the Russian Federation) .

Unfinished working hours

If the mandatory temporary standard is not met, there are two options:

Shortcomings due to the fault of the employer are paid by the enterprise. When paying for downtime, two-thirds of the current rate for an hour of full-time working time is taken at the given enterprise. If there is a shortfall due to poor organization, the employer is obliged to give employees the opportunity to complete the hours that are missing to the norm. If this opportunity is not provided, then the company pays for the shortfall as working hours at current rates.
If the hours are not completed due to the fault of the worker, then he is underpaid when calculating for this period. The amount is calculated from the average salary per hour at a given enterprise.

Overworked working hours

Overtime working hours are paid in accordance with Article 152 of the Labor Code of the Russian Federation:

Overtime is determined from the working time norm and all overtime hours are paid according to the price standard (worker’s rate).
The first two hours of overtime are paid in the amount of 1.5 times the normal rate. The employer pays the employee at double the rate for all subsequent hours.

Overtime is determined a little differently for railroad employees. Hours that must be paid at 1.5 times the rate are calculated as follows: take two hours with this rate and multiply by the number of working days for the entire period (day, week, month). The resulting number of working hours is subtracted from the total number. The remainder will be paid twice (as processing after the first two hours).

In order to correctly draw up a time sheet, the compiler must be guided by Art. 12 of the Labor Code of the Russian Federation. With proper application of legislative norms, the possibility of lawsuits from employees to the employer is reduced.

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.

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.

How to introduce a regime at an enterprise

Summarized accounting with a sliding schedule is used in organizations where the specifics of work require uninterrupted work of employees.
Such organizations are hospitals, orphanages and boarding schools, work in the ambulance service, service on fishing fleets or in chemical production, where the ongoing synthesis of a substance cannot be suspended until the end of the process, and so on. Some commercial industries also periodically use such a schedule, especially if the work involves seasonal fluctuations in demand. The regime is introduced at the initiative of management, which must first be agreed upon with the enterprise's trade union. The possibility of using such a work schedule is stipulated in the collective agreement, which must be signed by all employees.

Since in further work the enterprise uses summarized recording of working hours with a sliding schedule, when hiring new employees they are notified about the rules of work at this enterprise and are required to sign a document agreeing with such working methods.

If one or more workshops (departments) of the organization operate using this method, then a separate employment contract is concluded with the newly hired employees. It indicates that the employee will work 50 hours a week using summarized accounting.

If employees who previously worked on a regular schedule are transferred to a summary accounting system, it is also necessary to amend their employment contracts.

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.

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.

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.

Consequences of non-compliance

It is mandatory to notify the employee of any future changes to the employment contract or amendments to it two months before such changes. The notification is in writing signed by the employee. If the employer independently makes changes to the employment contract without notifying the employee within the time period specified by law and arbitrarily changing the employee’s work schedule or the duration of the accounting period (from daily to annual or weekly), the employee has every right to complain to the Labor Commission. The result may be a forced restoration of the previous schedule and a fine to the company.

If, when changing the work schedule and accounting period, the terms of payment for working hours change, overtime occurs and in fact the employee works overtime, which requires completely different rates for working hours, this will be a gross violation of labor legislation. In this case, the employee has the right to go to court, and compensation will be collected from the employer for the entire period of overtime and delayed wages, since this money will be collected retroactively.