Floating holidays in an employment contract

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For several decades now, many European countries have been using flexible working hours. This is a practice that can significantly save working time and use labor resources more efficiently.

The concept of a floating chart

Let's first look at what a floating work schedule is, in principle, and who it is suitable for. Many people imagine such a schedule as something that greatly simplifies the work process and gives you a lot of extra days off. In fact, not everything is so good and simple.

A floating (you may also have heard it called a sliding) schedule is a unique method of work that does not imply standardization of working days and days off according to a regular work week (5 work days and 2 days off). Its feature is shift work, and it is important to understand that the combination of shifts is never discussed in this method itself; it is drawn up individually with the employer, depending on the position occupied and many other important factors.

Note! On the one hand, it may seem that such a work schedule has only positive aspects, since you will have a large amount of free time. In fact, not everything is so pleasant and good, because you will have to go to work even on New Year’s holidays.

For example, if your shift falls on January 1st, then you will most likely need to go to work on that day. As you might guess, many other holidays that are celebrated by almost all people will not apply to you, which will complicate your communication with relatives.

Options for creating a floating schedule

In the vast majority of cases, the floating chart is found in 2 variations, here they are:

• 2 through 2. As you might guess, this option of shift work assumes that you will work for 2 days, followed by 2 days off, which will be repeated over and over again. Sellers, employees of shops, restaurants, cafes and other establishments related to serving visitors most often have a similar schedule.
• 1 through 3. This schedule, as you can understand, is less severe, since it is not suitable for ordinary workers, it was created specifically for people related to the Ministry of Emergency Situations, a security company or the police. It is worth understanding that a day in this case means exactly 24 hours, and not an ordinary working day, as in the previous version.

Note! Very often, a floating schedule is confused with shift work; the above options can be attributed specifically to it, but there is a difference - in a floating schedule there may be no frequency.

Floating weekend how to understand?

little one

: no no. I probably didn’t clearly explain the essence of the problem. My dog-lover friend trained her dog this way: while the owners are sleeping, the dog is waiting for a walk. to 8, 9, 10 am. No problem (not a Basset). I was told: as you train a dog, so will you walk. The issue of the puppy is not particularly discussed. as well as about “impatient”. It’s clear that we need to get up and go. The question is precisely in establishing a regime. Should you start walking your dog at 4 am. And even every other day. Or rather, it’s clear that it’s not worth it, but what can you do? if the owner is up and the dog needs to continue sleeping. You see, getting up once is one thing, but putting it into a routine. somehow scary.

suwin

: As long as you can, you will drive. My husband - two days at 4-30, and the next two days at 7-00. I don’t know, my dog ​​has a direct connection with his mother. I’m a night owl, I go to bed at 4 in the morning, and get up at 10-11 in the morning. When dad leaves for work at 6 a.m., she doesn’t even move her ears, mom is asleep, but she drives, which means we continue to have a healthy sleep. The last walk is from 8 to 10 pm. I started to endure (at least for how long) after 5 months, and before on my own I got up at 5-6 in the morning.

Application of such a schedule

For obvious reasons, a schedule of this kind cannot be applied everywhere, because it is simply irrational. It was said earlier that it primarily applies to the service sector, which includes jobs such as:

• store employee;
• master in a beauty salon;
• cafe worker;
• administrator;
• gas station worker, etc.

Also, a floating schedule is good for employees of special services and security companies. It is also worth considering that it often replaces the regular schedule in other jobs where the employee’s involvement is required for more than 10 hours a day or for a full day (for example, round-the-clock work in the production of something).

https://youtu.be/b24gLvuIdNM

How do you feel about schedule 5?

Only, to be fair, I didn’t “cry.” And he had an obvious and justified need and need to understand the current situation, abstracting specifically from these companies, and focusing on the schedule itself.

Have you ever worked on such a schedule? Is there a feeling that 5/2 for 10 hours, even with floating weekends, is too much? Or no, is it normal? Taking into account, of course, that there is a break of 1 hour. Or even some other number of breaks, which even amounts to two hours. But you are still at work for 10 hours.

Drawing up a floating schedule

If you want to switch to a variable schedule and your position allows it, then be as careful as possible in the process of drawing it up; the following factors must be taken into account:

• production standards existing in your company;
• legislation of the Russian Federation and the Labor Code (we are talking about control of work duration);
• the schedule on which the company operates.

The wishes of employees are also taken into account when considering such an issue, but only if they do not contradict the factors above.

Let's sum it up

• A flexible schedule can allow you to get additional free time.
• A variable schedule is similar to shift work, but differs from it in the variability of working days.
• A sliding schedule has many nuances in its design, and not all areas of the workforce can switch to it.

A flexible work schedule is exactly the kind of working time structure that many employees dream of. But is he as good as he seems?

Let's understand all the intricacies and features of a floating work schedule, consider the pros and cons, as well as the main areas in which this method of employment is used. Read about in today’s article about who this work schedule is suitable for, the peculiarities of organizing working hours with a flexible schedule, and the pitfalls of such a work schedule.

The real Dolinskaya truth

The Labor Code does not prohibit the establishment of different work schedules, the main thing is that both parties to the agreement come to a common agreement, and the employer is able to keep track of working hours. The main thing when hiring such an employee is to correctly draw up an employment contract with irregular working hours.

The introduction of a flexible work schedule is not always a free and voluntary step on the part of the employer, since certain by-laws establish the procedure for introducing a flexible schedule for certain categories of people (women with children, communications workers, radio communications, etc.).

What does floating way of working mean?

A convenient way to work when you have free time.

A floating, or as it is otherwise called, a sliding work schedule is a working method in which weekends and working days are not standardized within the framework of the generally accepted working week. In particular, a sliding schedule is nothing more than working in shifts.

Shift work can include a wide variety of weekend and weekday combinations. The most common options are work 2 through 2 or 1 through 3. It’s worth explaining - in the first option, you work for two days and rest for two days.

Typically, such an organization is used in shops or cafes. The second method is one day of work and three days of rest. It is used, for example, in security activities, in the work of special services (EMERCOM, police, paramilitary security) and so on.

To some extent, we can say that a two-by-two work schedule or other sliding schedules are quite beneficial in terms of distributing free time.

However, it is important not to forget about the other side of the coin - the absence of days off in the generally accepted sense, for example, the New Year holidays or the May holiday weekend.

In what industry is it used?

Not used in all industries.

As mentioned above, a floating work schedule is used mainly in the service sector:

• the shops;
• cafe;
• Beauty Salons;
• work of administrators;
• gas stations;
• intelligence agencies and so on.

In part, this method of work is used for a fairly long working day - a daily shift, a 10-14 hour working day, and so on. Also, a sliding schedule can be used in production, for example, when working around the clock.

In this case, the employee can work one day in the day shift, from 8 am to 8 pm, the second day on the night shift - from 8 pm to 8 am, and on the third day receive a full day off or even two.

How to compose?

When drawing up a floating schedule, it is important to rely on the following grounds:

1. Production standards;
2. Legislation on working hours;
3. The organization's work schedule as a whole, and so on.

The wishes of employees on this issue may also be taken into account.

Or the decision to establish a work and rest schedule can be made through a collective meeting, using the majority vote method.

Sliding time and the law

An employment contract may include the concept of a sliding work schedule. However, at the same time, the work agreement must clearly indicate the limits of the permissible workload for the employee and the amount of time for rest.

If the option of a sliding work schedule with one day off is indicated in the working hours column, such an agreement may be declared invalid and legally unlawful.

That is why, when applying for a job in a company with a flexible work schedule, you should pay the utmost attention to the correct execution of documents, as well as to the reliable calculation of working hours by a personnel employee or accountant.

In this video you will learn about creating work schedules.

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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. There are important differences that relate not only to recording hours worked, but also remuneration for work. Therefore, it is important to know the features of a sliding schedule, the nuances of its preparation, as well as legal ways to transfer an employee to it.

Responsibility for non-compliance with a flexible work and rest schedule

In accordance with Article 104 of the Labor Code, with a flexible work schedule, the time worked by the person is summarized. In this case, working time is recorded in one of the following ways:

• daily – calculation is carried out according to the norm of labor hours for a calendar day;
• weekly – calculation is carried out according to the norm per week;
• monthly – calculation is carried out according to the number of hours worked per month.

Also in this article there is a prohibition on establishing an accounting period that is more than one year.

Employees of the HR department or timekeeping service record and take into account the hours worked of all employees. As for collecting information about the start and end times of the working day, it can be done in the following ways:

• by recording by guards at the checkpoint in a special journal;
• using an electronic pass system;
• thanks to surveillance cameras;
• thanks to information provided by the employees themselves.

The arrangement for flexible working hours must be properly reflected in the employment contract. So, in particular, the section “Conditions and nature of work” should contain a section “Flexible working hours”, where all the nuances regarding this schedule will be spelled out. You can see an employment contract with a flexible work schedule (sample) above in the article.

As for making changes to an existing agreement, for example, transferring an employee to a variable work schedule in an employment contract, this is also agreed upon by the parties. As we have already found out earlier, it is not possible to do this unilaterally.

As stated earlier, an enterprise or organization is allowed to establish a flexible schedule for an employee, in accordance with Art. 102 of the Labor Code of the Russian Federation. However, sometimes it happens that employers and employees do not act in good faith and use such a schedule for their own personal interests, without complying with the deadlines specified in the agreement.

Based on Article 99 of the country’s Labor Code, if production needs require it or an emergency situation arises, the employer has the right to exceed the amount of working time worked. However, such excess cannot exceed 120 hours per year. Along with this, some managers violate current legislation by forcing employees to work beyond the established time. In such a case, such unscrupulous employers may be held administratively liable.

Violations of labor laws may result in a fine.

In particular, Article 5.27 of the Code of Administrative Offenses of the Russian Federation suggests that an official may be required to pay a fine of 1 thousand to 5 thousand rubles. for violations of labor laws. For the same offense, the organization or enterprise itself may be fined in the amount of 30 thousand to 50 thousand rubles. In addition, sometimes measures can be taken with regard to the functioning of the enterprise - stopping activities for up to 90 days.

Along with this, there is also the responsibility of an employee who does not properly perform professional duties. Thus, for non-compliance with labor law norms, disciplinary sanctions may be applied to the employee. This norm is enshrined in Article 192 of the country’s Labor Code. The violator may receive a reprimand, reprimand, and even be fired.

Article 195 of the Labor Code contains a rule that concerns disciplinary liability of managers. Such a case can be initiated by a representative body of workers. So, first of all, the employer considers the application, which is previously drawn up by a representative body. The application may contain a complaint against the head of an enterprise or structural unit or his deputy who has violated labor laws. After the document has been studied, the employer reports the result to the employees' representative body.

We invite you to read: Contract extension for a month

If the violations specified in the statement actually occur, the employer must take appropriate measures against the person at fault. This could be either a disciplinary sanction or dismissal from a position.

Attention! Basically, managers of enterprises and organizations do not associate themselves with a flexible work schedule, since in practice it is quite difficult to monitor the proper performance of job duties.

It states that due to the specifics of a particular company or position, the beginning of the working day, as well as the length of working hours, the availability of rest hours and the end of the shift can be established by agreement between the company management and employees. Labor Code of the Russian Federation That is, for the purpose of rational use of both working time and resources in possession, and also depending on the characteristics of the industry, a so-called free work schedule can be established, but with the condition of working 40 hours per week or the total standard hours for a quarter or half a year .

Composition Calling a flexible work schedule a free visiting schedule can be very conditional. Even with such a daily routine, the schedule has a clearly established composition of time intended for performing immediate duties and legitimate rest.

Sliding schedule according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation (Article 100), an entrepreneur can establish one of 4 types of working week for staff.

1. Five days of work, two days off on the same days for everyone, usually at the end of the week.
2. Six working days with one fixed day off for all staff (most often Sunday, but other days of the week are possible).
3. Working week with an incomplete number of hours (not for the entire team).
4. Flexitime.

There is no separate section of the Labor Code of the Russian Federation dedicated to a sliding schedule, but it is mentioned in the context of the types of working week in Article 100.

A sliding regime is a schedule in which the rest days are not fixed, move and fall on any day, including public holidays; in this case, the total duration of the accounting period (week, month, quarter) must be identical to the regular schedule.

INFORMATION NOTICE! Flexible working hours are regulated by Art. 102 of the Labor Code of the Russian Federation, and work in shifts - Art. 103 Labor Code of the Russian Federation.

Rolling chart: specifics

What does the expression “graph slipping” mean? As part of this regime, days intended for rest “move” along the calendar. This does not happen randomly or at the employee’s choice, but is secured by a pre-drawn plan. For example, one week an employee rests on Wednesday and Friday, and the next on Tuesday and Thursday.

, working time tracking remains relevant , summing up the hours worked for a particular period selected for accounting. The time cycle for which working hours will be added up is set individually at each enterprise, which is enshrined in the local regulations of the company: it is lawful to choose a week, month, quarter or even a year for this purpose.

IMPORTANT! The amount of time worked cannot exceed the amount of hours provided for by law, that is, 40 per week in terms of the accounting period. If the hours worked are less due to the fault of the scheduler (the employee is “underworked”), the rate must still be paid in full.

Floating weekend how to understand?

Question: The organization uses summarized recording of working hours, the accounting period is a year. The employee worked 1995 hours during the period from 01/20/2013 to 01/20/2014. How to calculate the number of hours of overtime work (using an example)?

the number of overtime hours = the total number of hours worked by the employee during the accounting period - the employee’s standard working time for the accounting period - the number of hours worked unscheduled on weekends and holidays - the number of hours worked according to the schedule on holidays from the moment overtime began.

Creating a rolling schedule

An employee cannot be forced to work in a certain way without his consent. Possible options for the legal use of a sliding schedule provide for the good will of the employee and his consent to this form of employment. Let's look at them.

1. Sliding schedule for employment. If a person is hired for a job that has a flexible schedule, it is his right to agree to such working conditions or not. He must read about this feature of his future regime in the employment contract. By signing this document, he thereby accepts the obligation to comply with the schedule established for him.
2. Setting up a sliding schedule. It happens that the mode of postponing days off is caused by production necessity, then the management must notify the employee about this and obtain his consent in writing. Changing the schedule is carried out by drawing up an additional agreement to the employment contract.
3. Assignment of working days and days off. In the sliding mode, the schedule is drawn up for the period selected by the accounting period. To familiarize employees with it in advance, it is no longer necessary to adhere to certain deadlines. It is enough if the schedule is known before the accounting period. The employee no longer has the power to change it at his own discretion or refuse to go to work on any days. However, in order to avoid conflicts and difficult situations, it is advised to familiarize staff with the upcoming regime in advance, preferably a month in advance.

Everyone has a day off, but you have work according to schedule

If your schedule is rotating, forget that holidays usually fall on the weekend. This may turn out to be this way, or it may turn out to be different - it all depends on how the schedule was planned. If Saturday or Sunday turns out to be intended for work, nothing can be done; this is a feature of the sliding schedule. They are considered normal workdays and are paid accordingly. An additional day of rest is not provided. The employee has no right to refuse to go to his workplace on this day.

FOR YOUR INFORMATION! Certain types of employees, such as mothers of children under three years of age, have advantages regarding work schedules. But not in cases where their signature is on the consent to a rotating schedule: there are no exceptions for them, that is, they will have to work on any day of the week that turns out to be working according to the schedule.

How to understand a five in two schedule with floating weekends

In addition, it is worth noting that such a schedule is not only financially unprofitable for the company, but is often inconvenient for employees seeking stability.
It is best to work on a sliding schedule for freelancers or students, that is, for those who are as independent as possible from circumstances. The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service. For detailed information about the service, contact your service manager.

What about the holidays?

Official non-working days adopted within the country are also not always days off for sliding-scale workers.

Art. 113 of the Labor Code of the Russian Federation prohibits assigning work on these days, however, there are exceptions to this law:

• inability to suspend work due to production needs;
• work related to serving people, provided for in the relevant list (for example, transport employees, doctors, emergency responders, etc.);
• signature of the employee himself, indicating his consent (taking into account the opinion of the trade union).

If for an employee with a flexible schedule the working day falls on a public holiday, it will have to be worked. But the status of a holiday cannot be canceled, so it must be paid at a double rate or provided with an additional day off on some other day (by agreement).

Employees with benefits

On holidays, if they happen to be working, employees with special statuses have the right to refuse to work:

• disabled people;
• mothers of children under three years of age.

For them, it is better to plan their work hours so that they do not have to work on official holidays. But if for some reason it is difficult, and they themselves do not mind going on a work shift on such a day, this is possible, if it is not contraindicated for them for health reasons. In this case, the authorities must obtain their signature on the document indicating that they are aware of their right of refusal.

ATTENTION! An additional order, which is usually issued to attract employees to work on holidays, is not necessary in this case: its role is performed by a signed agreement on a sliding schedule or its establishment under an employment contract.

If a day off or holiday happens to be a working day

The employer has the right to establish irregular working hours for individual employees. This is enshrined in Article 101 of the Labor Code of the Russian Federation. In accordance with this mode of work, the employer, if necessary, can occasionally involve an employee in performing work functions outside the working hours determined for him. The list of positions of employees with irregular working hours is given in the collective agreement, agreements or local regulations, which are adopted taking into account the opinion of the representative body of employees.

Flexible, replaceable or sliding

In business and personnel practice, these concepts often cause confusion and confusion.

We see that they are regulated by different articles of the Labor Code, which means they have serious differences in documentation, payment and approach to accounting.

Comparison with flexible schedule

Sometimes the concepts of “flexible” and “sliding” schedules are used interchangeably. In some legislative acts, especially those that have not undergone significant changes since Soviet times, this is directly reflected in the title, for example, Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 06.06.1984 No. 1701/10-101 “On approval of the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children.”

However, these two types of graphs cannot be identified. It would be more accurate to say that any flexible schedule is flexible, but not any flexible schedule is necessarily flexible.

Sliding and rotating schedules

The shift schedule is characterized by continuous production and work shifts of several shifts per day. Weekends in this mode also shift, which is the reason why it is confused with sliding. But with a shift schedule, a shift in days off occurs when the total recording of working time for the accounting period shows overtime (Part 3 of Article 111 of the Labor Code of the Russian Federation).