Mode and schedule of work: all the principles of the correct organization of the work schedule. How to create a work schedule How to create a work schedule

In the organization, business trips for drivers are issued by an order on business trip with the issuance of a business trip certificate and a business trip assignment. Drivers engaged in international transport work on flexible working hours (specified in employment contract), i.e. for the period of a business trip, independent regulation of the beginning, end and total duration of the working day is allowed (the car is equipped with a tachograph, i.e. the driver is responsible for observing the norms of work and rest on a business trip). In the time sheet for the days of the business trip, the letter “K” is put, separate records of working hours for drivers are not kept. One driver is sent on a trip on one vehicle.

Consider the following questions.

  1. What is the procedure for recording working hours in the time sheet?
  2. What are the features of scheduling the work (shift) of the driver?
  3. Drivers work weekends holidays. How to pay or compensate these days?
  4. Is it possible to compensate for work on a weekend or holiday, for example, by providing in the contract for a day off for working on a weekend or holiday?

1. To begin with, we stipulate that for the period of a business trip, the flexible working time regime does not apply, this is expressly stated in Part 4 of Art. 128 Labor Code Republic of Belarus (hereinafter referred to as the TC), while the accounting of working time is kept as in the usual mode.

By general rule employees who are on a business trip are subject to the regime of working hours and rest time established at the place of the business trip.

In relation to car drivers, in part 5, clause 19 of the Regulation on working hours and rest time for car drivers, approved by the Decree of the Ministry of Transport and Communications of the Republic of Belarus dated November 25, 2010 N 82 “On approval of the Regulation on working hours and rest time for car drivers and declaring invalid the Decree of the Ministry of Transport and Communications of the Republic of Belarus dated May 25, 2000 N 13 ”(hereinafter referred to as the Regulations on the working hours of car drivers), it was established that at the place of business trip working time the driver of the car is taken into account on a general basis in the manner established at the place of his work. If work is organized at the place of the business trip according to a work schedule (shift) different from the work schedule (shift) at the place permanent job, then the working time of the driver of the car is taken into account according to its actual duration with the provision of a time sheet from this place of work.

According to paragraph 3 of part 1 of Art. 55 of the Labor Code, the employer is obliged to keep records of the time actually worked by the employee. This duty detailed in Art. 133 TK.

In accordance with Part 3 of Art. 133 of the Labor Code, records of attendance and departure from work are kept in time sheets, annual time cards and other documents indicating the surname, initials of the employee, calendar days accounting period, the number of hours worked and other necessary information.

In part 1, clause 19 of the Regulations on the working hours of car drivers, it is indicated that the accounting of the working hours of car drivers is carried out on the basis of the time sheet for the use of working time, waybills and other documents (in this case recording of working time is also possible on the basis of the data of the registration sheet recorded by the tachograph).

It should be noted here that in fact the timesheet and other similar documents do not allow keeping records of attendance and departure from work. They are intended to account for the amount of time worked and unworked (including those intended for accounting in order to pay employees (facilitate its calculation)). The actual record of attendance of employees is kept on the basis of logs (books) recording the time of arrival and departure from work (part 2 of article 133 of the Labor Code), drivers - including on the basis of waybills, registration sheet data, etc.

Then, on the basis of documents that actually take into account the time of arrival and departure from work of employees, as well as other documents containing data on the number of hours worked during each working day (shift), on weekends and holidays, vacation days, temporary disability, etc., a time sheet is drawn up, which is actually a consolidated (generalized) document.

According to part 3 of Art. 133 of the Labor Code, the forms of documents for recording attendance at work and leaving it, as well as the procedure for filling them out, are approved by the employer. That is, the procedure for recording working time, or rather its reflection in the time sheet, is determined by the employer independently. In the case under consideration, car drivers spend most of their working time on business trips, which are accounted for separately.

An example of reflecting a separate accounting of days business trips in the time sheet

use of working time

road section

limited company

responsibility of Versailles

October 2015

APPROVE

Director of LLC "Versal"

signature I.G. Fedorov

N p / p FULL NAME. Personnel Number Records of attendance and absence from work by day of the month Turnout days Total (hours) worked Of which (in hours)
Profession, position 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 x Service teams, days Total Holidays Overtime In nighttime
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 To
1 2 3 4 5 6
1 Ivanov P.P.,

car driver

009 I I AT AT To To To To To AT AT To To To To x 18 22
8 8 x
I AT AT I To To To To AT AT To To To To To AT
8 8
2 etc. x
x

The table was:

Section chief Signature I.I. Zamorets

Table checked:

Chief Accountant Signature V.A. Shabusova

For reference. 07/01/1970 in Geneva, the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) and the Signing Protocol (hereinafter - AETR) was concluded.

Article 10 of the AETR establishes that the AETR Parties prescribe the installation and use on vehicles registered in their territory of control devices in accordance with the requirements of the AETR, including the annex to the AETR and additions to it.

In Art. 11 AETR defines the responsibilities of the enterprise for control over the management vehicle. The undertaking must organize road transport in such a way that crew members can comply with the provisions of the AETR.

The company must constantly monitor the driving time, hours of other work and rest time, using all documents at its disposal, such as personal control books. If violations of the AETR are discovered, it must immediately correct them and take measures to prevent them in the future, for example, by changing work schedules and routes.

Thus, the peculiarity of accounting for the working time of drivers employed in international road transport, lies in the fact that it is carried out on the basis of the data of registration sheets intended for use in the tachograph.

2. In the situation under consideration, we are most likely talking about the work schedule, because the shift schedule is drawn up during shift work (which cannot be the case with flexible working hours, and this also requires at least two drivers to work on a car (on a flight).

In itself, the design of the work schedule in relation to drivers does not have any features, therefore, the main thing in this case is to take into account special requirements when planning their working time (for accounting period), i.e. the requirements of the Regulation on Working Hours of Car Drivers and (in this case taking into account international transport) the requirements of the AETR.

So, in Art. 6 AETR sets the duration of driving a vehicle. In particular, the duration of driving between any two daily rest periods, or between a daily rest period and a weekly rest period, must not exceed 9 hours (and may be extended to a maximum of 10 hours no more than twice a week).

In Art. 7 AETR regulates breaks. In particular, after driving a vehicle for 4.5 hours, the driver must take a break of at least 45 minutes, unless there is a rest period.

In Art. 8 AETR is determined by the duration of rest. As a general rule, every 24 hours a driver must have at least 11 hours of uninterrupted daily rest.

3. According to Part 1 of Art. 318 tk features legal regulation working hours and rest time transport organizations within the norms established by the Labor Code, are determined by the regulations on working hours and rest periods for certain categories of employees, approved by the Government of the Republic of Belarus or an authorized body (in this case, the Regulations on the working hours of car drivers).

Thus, according to paragraph 25 of the Regulations on the working hours of car drivers, work on a day off can be compensated by agreement of the parties by providing another day of rest or increased pay in the amount established by labor legislation, i.e. according to the dimensions specified in Art. 69 of the Labor Code (in this case, we are not even talking about increased pay, but about paying extra for working on weekends).

In the event that car drivers employed in international transport who are unable to use weekly rest days during the trip, they must be provided with other days of rest after returning to their place of permanent work.

We note that according to Art. 69 of the Labor Code, as a general rule, without the need to obtain the consent of the employee, an additional payment is made, and the provision of another day of rest is carried out with his consent.

At the same time, in this case, a day off means exactly the days that, according to the rules of the internal labor schedule and (or) work schedule, are days off for this employee(car driver).

For reference. According to paragraph 23 of the Regulations on the working hours of car drivers, car drivers during shift work and car drivers who have a summarized record of working time, days off can be set on different days of the week according to work (shift) schedules. In this case, the number of days of weekly rest in the current month must be at least the number of full working weeks of this month. These days are allocated in the schedule of work (shifts) from total number days off from work.

Compensation for working hours on public holidays, holidays (according to Article 147 of the Labor Code) is not specifically stipulated in the Regulations on working hours for car drivers, which means that the general norms of Art. 69 TK. This means that an additional payment is made for work on such days, and if it was performed in excess of the monthly norm of working time, then the employee, at his request, is provided with another unpaid day of rest in addition to the additional payment.

For reference. According to part 2, clause 26 of the Regulations on the working hours of car drivers, with a summarized accounting of working hours, work on public holidays and public holidays according to the work schedule (shift) is included in the standard working time of the accounting period.

4. Part 2 of Art. 69 of the Labor Code provides for the possibility to establish in the employment contract the amount of additional payment for work on public holidays, holidays and weekends. The choice of the type of compensation (surcharge or another day of rest) is the consent of the parties in each specific case (otherwise, this may worsen the position of the employee, because he cannot know his future need for the best compensation option). In addition, compensation in the form of providing another day of rest for work on public holidays, holidays is not provided (except for the case if such work was performed in excess of the monthly norm of working time).

In such a situation, the clause on the possibility of granting only one type of compensation is not based on the rules labor law.

When I was transferred to the position of a manager, I was faced with the need to schedule work for my employees. At first, I often confused it with a time sheet, but now I understand the differences between these documents well. The schedule is drawn up in advance so that each person knows how many days and when exactly he should go to work. And the report card is compiled already on the fact of the presence of a person at the workplace or in his absence. And in the framework of this article, we will analyze in detail how to properly draw up work schedules.

Differences from 2017

Legislation annually introduces various changes and additions to the procedure for maintaining internal documentation not only in accounting, but also in personnel matters. Some changes have also been made this year. The graph is a multi-component document that contains information about the following:

  • norm of time which a person must work out;
  • number of days intended for work and free time in a person during a specified period;
  • time limits duration of the employee's working period;
  • time intervals intended for a break.

The number of obligatory days in the standard week 5/2 has not changed compared to last year. Therefore, we have to work 247 days out of 365. If we compare the schedule of 2017 and the current one, we can draw several conclusions:

  1. The total number of calendar days has not changed also remained unchanged and the number of working days.
  2. The number of days when a shortened day by an hour is legally declared will be 6. Last year there were only 3 such days. I remind you that shortened days are established by law before holidays. Therefore, employees can work 1 hour less, while they must be paid a full day, without having to work on this hour later.
  3. The number of days off, as well as holidays, turned out to be the same and amounted to 118 days.

These holidays and weekends are relevant only for those modes of work where there are standard working weeks with fixed or flexible days off. When work is carried out in shifts, weekends do not have a significant impact on the schedule.

Compilation nuances

To correctly format this document, you need to know which approach to use. The sequence of actions should be as follows:

  1. It is necessary to define a specific period for which this document will be compiled. Usually this calendar period is rounded up to a certain number of days, for example, month, year, quarter. Although sometimes you can see the schedule for the week.
  2. If an organization has multiple operating modes, it is necessary to divide all employees into groups in accordance with their modes. In this case, it will be much more convenient for you to create a schedule, and you will not get confused about who should go to work on what day.
  3. Next, you need to calculate the working time for each mode.. That is, you must determine how many days employees who are on a 5-day system should work on a flexible schedule.
  4. Now we need to group the working days with the days off in this way to meet the 42-hour rest requirement for each employee.

It is imperative to take into account certain categories of workers who are entitled to a reduced or part-time day. For such categories, it is necessary to calculate separately the size of their working week in hours, determine the number of days that they must spend at work. And after that, it remains easy to calculate by dividing the maximum allowable number of hours by the number of days.

Remember that any work time allowance is reduced by the total number of breaks when the worker is not actually working.

This includes non-working breaks such as:

  • sick leave;
  • vacation;
  • other days laid down for the employee by law.

If we calculate the number of hours that a typical employee must work during a 5/2 work week, the calculation will be the following formula:

8 hours * 247 days - 6 hours = 1970 hours, where

  • 8 ocloc'k is the standard duration labor day;
  • 247 days- this is the number of weekdays, minus holidays and weekends, which are officially established by law for the current year;
  • 6 hours- the amount of time that was reduced by law as pre-holiday this year.

Thus, in 2019, all employees must work 1970 hours according to the norm. But from all this amount, you still need to subtract at least 28 days that the employee is entitled to leave. And accordingly, this is 20 working days for 8 hours = 160 hours. In total, it turns out that 1810 hours on average will be worked by each employee at week 5/2.

The type of graphs can vary significantly, as they directly depend on the set operating mode. Therefore, the legislation does not establish a certain strict form this document. You can learn more about this in the video below.

Schedule

For the convenience of compiling this document, I recommend using Excel unless you have one of the special accounting programs, where all accounting and other accounting data is immediately entered.

When making your own chart, I recommend making it in the form of a table, where you will have the following columns:

  1. Subparagraph number. Then it will be easier for you to navigate the table itself.
  2. Full name of the employee. Here you will need to enter your entire state. I recommend pre-dividing them according to their modes. And then you have to arrange them in groups.
  3. Job title. It will help you visually navigate and control the correctness of the drawn up schedule and the specified mode of work.
  4. Discharge. You will need this column if you have employees with different ranks and qualifications. If your company this information is not taken into account, then this column can be omitted.
  5. Numbers. You must create as many columns as there are days you want to include in your chart.
  6. Norms. You must calculate the norms in days and hours as a result in order to check the compliance of the drawn up schedule with the current legislation.
  7. Number of days off. Holidays are also taken into account. You must enter their number in order to see how many days your employees will actually have a rest.

Then, in each cell, you must fill in who, when, works and rests. I recommend doing this on a computer, as the information can be easily erased and corrected if necessary. If you need to compile this document in printed form, be sure to do it in pencil, as it is often necessary to correct the entered data.

Many managers don't bother arranging shifts for their employees. They only prescribe the established norms for them and give the schedule for consideration by the team itself. And workers themselves determine the days when they will go to work. But this method is mainly used in shift mode. Because for standard 5/2 or 6/1 weeks, the scheduling is the same from week to week.

Although in some cases, with a flexible week, such a scheme can also be used. Its advantage is the ability of employees to independently determine the working days, based on their desires and capabilities, and the employer frees himself from unnecessary work.

But with a large staff, this method is difficult to use, since each employee will try to choose weekdays, and this can cause additional conflict situations.

Labor of employees in different areas economic activity involves absolutely diverse schedules of their involvement in the work process. If office workers work, as a rule, in the conditions of a five- or six-day work week, then, for example, the service sector requires a completely different regime. A schedule is drawn up for each employee, which may include night work, shifts, and “floating” days off. In the meantime, it is impossible to draw up a schedule, guided only by the employer's and employee's own wishes - there are a lot of rules that are enshrined in labor legislation.

Hours worked - the basis for remuneration for employees with a time-based payment condition

The labor law obliges the employer to keep a strict record of working time for each employee, because it is for the time (with the exception of rather rare cases of piecework) that the work is paid. The mode of labor is determined primarily by law, and secondly by the employer in agreement with the trade union and the employee, the rules for the distribution of time. The Labor Code of the Russian Federation contains a section on labor time, a separate chapter of which (Chapter 16) regulates the regime.

Working hours according to the Labor Code of the Russian Federation can be represented by several varieties in terms of their duration: normal, reduced and incomplete. In addition, special varieties are night work, overtime work, opportunity work. irregular day. The main difference between part-time and reduced hours is their payment - the first means payment in proportion to the time worked, the second - regardless of the time worked. Night and overtime work are paid at an increased rate, irregular working hours, as a rule, are compensated by additional days of the annual vacation period.

The elements of the working time regime are those positions that, in accordance with the law, must be determined when forming the regime for each worker. Among these main positions, the Labor Code of the Russian Federation calls:

  • the duration (number of working days) of the week (for example, five-day or six-day, incomplete, indicating the number of days, etc.);
  • the presence of a condition on irregular working hours;
  • duration of daily work - the number of hours of a working day or shift with an exact indication of their beginning and end, time frames for breaks;
  • number of shifts per day;
  • rules for alternating working and free days (for example, “two workers in two days off”, etc.).

How and by what documents the labor regime is determined

The work schedule for each individual employee must be negotiated with him in advance - when concluding an employment agreement. In general, according to the organization in the context of structural divisions or positions, the mode of operation is determined in the internal labor regulations.

PVTR is a local NLA of an organization that determines the main points of relations between a team of employees and an employer - the rules for hiring and completing labor relations, powers and obligations of the parties to the labor agreement in the course of work, general terms and Conditions regarding the regime of working hours, etc. PWTR are approved by the employer in agreement with the trade union organization, each employee must be familiarized with this document in writing when concluding an employment contract.

In the PWTR, the working time regime of an organization can be reflected in the following way:

  • establishing the duration of the work week and specific daily work time frames for certain groups of positions (for example, “For departments: Management, Human Resources, Legal Service, Accounting, Office - a five-day work week, the beginning of the work day is 8:00, the end of the work day - 17:00, break for rest and meals - from 13:00 to 14:00");
  • establishing for certain positions the conditions for an irregular working day, indicating the amount of compensation in the form of additional days (at least three) of leave in accordance with Art. 119 of the Labor Code of the Russian Federation (for example, “For positions: Director, Deputy Director, driver - an irregular working day is established with compensation in the form of 4 days of an additional vacation period annually”);
  • establishing a work schedule for individual departments and positions (for example, “For the sales department, a work schedule is established in compliance with the labor standard for a five-day 40-hour work week”);
  • establishing a summarized accounting of working hours for individual positions (for example, “For the position“ Seller ”a summarized accounting of working hours is established, the accounting period is a quarter”);
  • establishing a flexible work schedule, a night (equivalent to daytime) work regime, a shift schedule, dividing the working day into parts for certain categories of workers (for example, “For the position of“ Cashier ”it is established shift work work, in which the third shift, which falls at night, is equated to daytime work).

The labor agreement must contain a section on the working regime. For employees whose position involves working on a regular five- or six-day work week, the agreement specifies the exact work schedule. For those who will work according to the schedule, with a summarized account, with an irregular working day, with an incomplete labor time, with the division of the day into parts, etc. these circumstances must be reflected in the said agreement. Cases of establishing an unspecified working time regime are illegal, such a violation may entail liability for the employer under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation with all the ensuing consequences (fines and other sanctions).

A section on working hours must be included in the contract

How to establish new regime rules in an organization: order and documents

If an employee gets acquainted with the already existing regime for a separate position when hiring by signing an employment agreement and a mark on reading the PWTR, then changing the current regime is somewhat more complicated.

The decision to change the PVTR can be issued in the form of an order

The order of the procedure is as follows:

  1. To begin with, the manager must make an informed decision about which positions or structural units the new rules are introduced for.
  2. Then, according to all the rules for changing the local regulatory legal acts, the corresponding changes are made to the PWTR (the project must be agreed with the trade union within five days, then signed by the head).
  3. Based on the changed PTP, each employee who is affected by the changes is warned about the change essential conditions work (a notice against signature should be given no later than a month before the issuance of the order). In case of refusal to continue the employment relationship under the changed conditions, the employee must be dismissed after the expiration of the notice period.
  4. Within the prescribed period (one month after notifying employees), an order is issued for the enterprise to change the regime for specific employees (at this stage, they must be listed by name). Each worker gets acquainted with the order against signature.
  5. On the day the administrative document is issued, each employee concludes supplementary agreement to the contract, changing the conditions for the working time regime.
  6. From the date specified in the supplementary agreement and order, the new regime begins to operate with its new documentation(for example, with drawing up schedules).

Work schedule as a document that regulates the individual mode of work on a daily basis

Schedule is one of important documents to organize the work of those employees who do not work according to the general (production) calendar. So, the schedule every day regulates the time of coming to work, leaving work, the time of breaks, and even assigned to the employee workplace.

The schedule is drawn up, as a rule, for one month, however, this period is not regulated by law. Therefore, depending on the circumstances and characteristics production process the document can be drawn up for a week, and for a quarter, and for a year.

A graph, as a document, can be drawn up:

  • simultaneously for all employees of the enterprise;
  • for employees of one structural unit;
  • for a certain group of employees from different structural divisions;
  • separately for one employee.

Form and conventions

In the shift schedule, it is enough to indicate only the designation of the shift

In case of summarized accounting, the graph must contain columns reflecting the sum of hours per month, per quarter (depending on the accounting period)

Scheduling and Approval Process

The procedure for drawing up and approving a schedule in an organization can be regulated either by a local regulatory legal act or by order of the head. The persons responsible for the maintenance, endorsement and approval of the document are determined by designating them in these documents and entering the corresponding item in the job description.

As a rule, the schedule is drawn up by the person responsible for this in the structural unit (department, service), endorsed by the head of the structural unit, a representative of the personnel department and the trade union, and approved by the head of the enterprise or his deputy in charge of the relevant area of ​​activity.

The schedule can be drawn up both manually (using standard Office tools with output to paper), and in specialized software complexes(for example, "1C: personnel and salary", SAP, etc.).

Schedule Requirements

When scheduling work, the employer is in a situation where it is necessary to comply with a lot of rules, requirements and interests. First of all, these are the requirements of labor legislation that protects the rights, interests and even health of the employee:

  1. The duration of daily work should not exceed the established Art. 94 of the Labor Code of the Russian Federation of limits (special boundaries are established for underage employees disabled, workers in hazardous unsafe conditions).
  2. The number of working hours per week should not exceed the norm according to the production calendar (40 hours - as a general rule). For those who have a summarized accounting for the accounting period, it is imperative to comply with the norm of hours of this accounting period (quarter, month, etc.).
  3. Shifts, predominantly at night, should be reduced by 1 hour.
  4. After a shift lasting more than 24 hours, the same or more rest period is provided.
  5. If the condition for dividing the working day into parts is not established for the employee, his lunch break (or the sum of several during the day) should not last more than two hours.
  6. The minimum lunch break is 30 minutes. It is obligatory to establish daily, if the agreement of the parties and the PWTR does not provide for the employee to eat in parallel with work. Lunch break not paid.
  7. It is forbidden to work during two shifts following one after the other.
  8. Hours falling on the period of illness or vacation of an employee are also taken into account in his monthly (quarterly) rate. In other words, the employee is not required to complete the actually missed hours to the norm.
  9. It is impossible to exceed the limits established by Art. 99 of the Labor Code of the Russian Federation for overtime work(no more than four hours in a two-day working period, no more than one hundred and twenty hours a year), etc.

Of course, when forming the schedule, the operating mode of the enterprise, the load standards, and the interests of the employee himself are taken into account.

Familiarization of employees

The employer is obliged to familiarize the employees with the work schedule no later than one month before the day it comes into effect - this is a direct requirement of Art. 103 of the Labor Code of the Russian Federation. Violation of this deadline threatens with administrative liability.

In order to avoid violating the requirements of the law, it is necessary to start drawing up a schedule no later than one and a half months before the start of the accounting period. For example, the schedule for December should be drawn up before October 15 in order to have time to agree on it, approve and familiarize all employees (after all, some of them may be on vacation or on sick leave at the time of familiarization, but this circumstance is not an excuse in case of violation of the terms of familiarization ).

How to change the established work schedule

Since the work schedule is established by agreement of both parties to labor relations, then any of them can become the initiator of its change. Changing the regime (as a more general, permanent concept) at the initiative of the employer is described in the section on establishing the labor regime at the enterprise. A change in the schedule, as a one-time event or an event relating to one employee, occurs:

  • or by adjusting an already drawn up schedule (document), if the employee is set to work according to the schedule;
  • or by amending the employment agreement - if the employee works according to the regime fixed in this document (that is, according to the usual production calendar).

In the first case, the scheduler, at the request of the employee or own initiative(due to operational need) draws up a corrective schedule, endorses and approves it according to the usual procedure for preparing this document.

You can change the working hours both for a group of employees and for one of them (for example, at his request due to family circumstances)

In the second case, at the request of the employee, an order is prepared to change the working hours - this is enough if the schedule changes for up to two weeks. If the period of changing the working regime is longer, it is necessary to conclude an additional agreement to the contract.

I have higher legal education, work experience in court, bank, at the enterprise. Although my main area of ​​expertise is criminal law and the process, all mine professional activity related to business law, ranging from personnel issues to lending problems. For a long time I have been writing reviews of foreign and domestic media on business topics.

Employee hours - example

Shift work is applied when the production process time is longer than the allowable working time individual employees and when the need to work without interruption is caused by the specifics of the equipment, product or service (for example, an iron foundry, a gas station, etc.).

The most commonly used chart is 2/2 or 3/3. Principles to consider when allocating shifts:

  • If the working day is twelve hours, then the employee cannot be given more than forty working hours per week. At the same time, the time of uninterrupted rest cannot be less than forty-two hours a week.
  • The night shift is one hour shorter than the day shift.
  • Overnight hours are surcharged.
  • Before the non-working shift becomes an hour less or this hour is paid at a double rate.
  • It is forbidden to put two shifts in a row. The shift can only be extended in an emergency.
  • If the shift lasts twenty-four hours, then the employee must be given rest of the same duration or more.
  • The law does not establish a maximum shift duration for all employees, only for certain categories (for example, railway workers, seafarers on ships, etc.).
  • With a three-shift operation, shifts alternate every week.
  • Each employee must work the same number of hours at the same time.
  • If more than half of the shift is at night, it should be reduced by one hour.

How to make a shift schedule and what to consider when paying

Schedule procedure:

  1. select an accounting period - month / quarter / several months / year (cannot be more than a year);
  2. calculate how much time is needed to maintain the workplace;
  3. write the norm of working hours for all employees (for each separately, if it differs depending on the specialty);
  4. calculate the number of employees per workplace and the number of the entire staff.

For example, you need to organize a round-the-clock service to receive telephone calls for emergency services. medical care. The accounting period is set equal to one year. Workplace service time: 365 days x 24 hours = 8760 hours.

To calculate the number of people who should work in this place, the number of working hours per week (40) is multiplied by the number of weeks in a year (52); then 8760 hours are divided by the result. 8760 hours: (40 hours x 52 weeks) = 4.8. This means that the employer must hire five people part-time or four people who are allocated several additional hours on top of the full time. it is important to consider the following:

  • All overtime hours worked during the accounting period are considered overtime and are paid accordingly.
  • No employee should have more than 120 overtime hours per year. If the shift falls on a non-working holiday, then it is paid at an increased rate.
  • If the shift falls on a holiday, then a double fee is provided for it or (at the request of the employee and with the permission of the manager) the usual fee and one day of rest, not included.
  • Days spent on sick leave are deducted from the employee's working time without any work off.
  • Breaks for lunch and rest are not paid.

Sliding and weekly modes

Employee hours may vary

In the case of using a rolling schedule, the beginning of the working day is marked upon the fact of entering the workplace (for example, the bus leaves for a flight) and the end of the working day, when the task was completed (the bus reached its destination).

From the second moment, the time set for rest is counted, then the time of the beginning and end of the work is fixed again. Weekend dates are approximate, with clarification upon receipt.

Each employee has their own individual rolling schedule, reflecting unforeseen delays, breakdowns and other circumstances. The weekly schedule is attractive in that it is not required to be constantly at the workplace.

Among its advantages are the ability to work at a convenient time, improved performance and the general condition of employees, both physical and emotional. In this case, the emphasis is on the fact that the work is done, and not on the number of hours spent on it. The rate of hours is affixed based on how much time can be spent on a specific task. The time needed for rest and recuperation is also taken into account.

The weekly schedule is well suited for those who work with client orders: real estate agents, couriers, managers, accountants hired to serve small companies, translators, etc.

So, the work schedule is selected in such a way as to meet the needs of the production process and contribute to the efficient use of labor. It ensures the uniformity of the load, the change of work and rest for workers and protects their health.

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The document is compiled annually and agreed with the head and with the trade union committee, if such a body is provided by the state. After the vacation schedule is approved, it is no longer allowed to make any changes directly in the document itself.

Holiday scheduling rules

The vacation schedule must be approved by the administration 2 weeks before the start of the new calendar year in accordance with the Labor Code. When drawing up the order of going on vacation, the employer takes into account the wishes of employees, but without prejudice to the technical processes at the enterprise.

The number of employees who can go on vacation at the same time in one department or division is regulated by the Labor contract or other normative documents enterprises. This procedure needed to keep the production process going without interruption.

The vacation schedule is a mandatory document in any institution, regardless of the number of people. New employees are given leave only by agreement with the head.

In this case, data on new employees is not added to the schedule. Form T-7 can be used to schedule vacations, but it is optional from 01/01/2013.

The employer can develop his own form of document maintenance. This item is regulated by Article 9 of the Law "On Accounting" dated December 6, 2011 No. 402-FZ. The document is signed by the head personnel service and head of the firm. The schedule must be approved in the current year no later than December 17.

When drawing up a vacation schedule, it must be taken into account that new employees can go on vacation no earlier than 6 months after employment in accordance with Part 2 of Article 122 of the Labor Code of the Russian Federation.

Some categories of employees can go on vacation at a time convenient for them, this is regulated by articles 122, 123 and 286 of the Labor Code of the Russian Federation. If an employment contract is concluded with an employee for no more than 6 months, the inclusion of such an employee in the Vacation Schedule is decided by the head of the company, depending on the specific situation.

The procedure for scheduling vacations

Employee in without fail must go on vacation annually, with a minimum vacation period of 28 calendar days. The employee must be notified about the vacation in advance, no later than 2 weeks before it starts.

It is necessary to monitor the timeliness of the employee's leave on vacation and the completeness of its provision so that a large number of unused days do not accumulate during the year.

If unused days have accumulated over the previous period, you can add them to the vacation only with the consent of the employee. This item, after agreement with the employee, is included in the vacation schedule.

Before you start drawing up a schedule, you should analyze and take into account the following points:

  • additional leave in accordance with the law (subject to availability);
  • the ability to replace an employee for the entire vacation period without compromising production processes;
  • the length of time an employee has been with the company.

Article 122 of the Tax Code of the Russian Federation regulates the possibility of granting leave to an employee in the first year of work at the company after 6 months of continuous service as agreed by the parties.

In some cases, it is allowed to grant leave earlier than 6 months. Vacation for subsequent years is provided in any month according to the schedule.

The document is stored at the enterprise for 1 year in accordance with article 693 of the List of typical managerial archival documents generated in the course of activities government agencies, local authorities and organizations, indicating the periods of storage.

The following information is indicated in the Vacation Schedule:

  • Surname, name, patronymic of the employee;
  • personnel number (if provided);
  • the name of the unit (department) in which the employee works;
  • position according to the staff list;
  • the number of days of vacation due;
  • scheduled vacation date;
  • actual vacation date;
  • transfer of leave from the past period (date and reason for the transfer).

Procedure for making changes to the Vacation Schedule

The document is signed by the head of the personnel department, approved by the trade union body, then signed by the head of the enterprise.

Changes to the schedule can only be made with the permission of the manager and the person responsible for compiling the document.

You can make changes to the document in the following cases:

  • when transferring vacation to an earlier or late period(on the basis of a document drawn up in any form), regulated by Article 124 of the Labor Code of the Russian Federation;
  • in case of early recall of an employee to the workplace, regulated by article 125 of the Labor Code of the Russian Federation;
  • when entering data on employees who were hired after the approval of the schedule.

The procedure for making changes is not regulated by law, so the employer can make adjustments in a form convenient for him.

The best option is to design changes as an attachment to an existing document. It is recommended that the enterprise independently approve the procedure for drawing up the Vacation Schedule and changes to it.

Typical mistakes when drawing up a vacation schedule

AT small firms it is practiced to provide leave only at the request of the employee, while the vacation schedule itself is not approved by the administration. This is a violation of labor law, which bears administrative responsibility.

For such violations, the company has the right to be disqualified for a period of up to three years.

The document must be approved without fail by the person responsible for maintaining the schedule (the head of the personnel department), the head of the company and the trade union. The document must be drawn up even when one employee (manager) works in the organization.

The schedule must be signed only by authorized persons, all columns of the document must be filled in accordingly.

To common mistakes non-compliance with the vacation schedule, the wishes of employees regarding vacations at a convenient time for them are not taken into account.

Violations include making entries in the schedule of other types of leave, for example, to care for a child under 3 years old. Mistakes are made when dividing the vacation into parts. It should be remembered that one of the parts of the vacation must be at least 14 calendar days.

Unused vacation days should not be equal to or exceed a period of work of 2 years, which is regulated by Art. 124 of the Labor Code of the Russian Federation. Incorrect calculation of payment for unused vacation days by rounding days up or down.

It is considered incorrect to set the start date of the vacation on the last day working week, for example, on Saturday at six days. study leave does not belong to tariff holidays, therefore it is not displayed in the chart.

In one calendar year, an employee can receive two vacations only if he was registered for work last year. In this case, the employee at the beginning of the year takes a vacation for this year, and at the end of the year - for the next year.

This item should be reflected in the document with appropriate notes. The head and his deputy cannot go on vacation at the same time. Failure to provide leave for two or more years of continuous work is considered a violation.

Some categories of employees have the right to go on vacation at a convenient time for them, but the employer refuses to postpone the vacation. Such an action of the head is regarded as a violation of the Labor Code of the Russian Federation. It is necessary to control the duration of vacations, since some persons, according to the Labor Code, are entitled to extended vacations.

This item should be taken into account in the schedule. Annual leave may be postponed or extended by the number of unused days if the employee was ill during this period (in the presence of a sick leave) or was recalled to work.

The employer is obliged to postpone the vacation to another period at the request of the employee in the event that the employee was not notified of the start of the vacation 2 weeks before the start or was not paid within the time limits established by law (3 days before the start), which is regulated by article 124 of the Labor Code of the Russian Federation.

If an employee refuses to go on vacation, then in accordance with Article 123 of the Labor Code of the Russian Federation, with continuous work for 2 or more years, both the employee and the company bear administrative responsibility. If for some reason the employee was not included in the schedule, leave is granted to him upon application.

If the vacation is divided into parts without the consent of the employee, even when this clause is included in the employment contract of the company, such an agreement is not legally binding. In order to divide the vacation into parts at the initiative of the company administration, a written agreement is required signed by both parties and marked “I have read and agree with the notice”.

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