Employment contract with a work schedule “two days in two”

A special type of working time recording – summarized

Summarized accounting is, in fact, a special operating mode based on compliance with certain schedules (as a rule, these are “sliding” or shift schedules).
The basis for establishing such schedules is the reason “by contradiction” - when it is not possible to plan the regime in such a way that the working week is the fixed number of hours provided for by the norms of Art. 91-92 Labor Code of the Russian Federation:

• 24 – for youth under 16 years of age;
• 35 – for those with a disability group;
• 36 – for teachers and workers in hazardous industries;
• 39 – for doctors
• 40 hours is the standard duration.

A working week cannot include more than 40 hours.

With RMS, shortcomings during one period can be compensated by processing in other time intervals, which in total reaches the result required by the standard.

Question Are working hours standards determined by the state under the established schedule 2

Also, according to working conditions and production needs, the work schedule of individual employees or the entire team can be adjusted and adjusted to production needs. However, under such conditions, a summarized recording of working time must be introduced, which guarantees employees the establishment of a working day (month or year) that does not exceed the generally accepted working hours. According to this, the accounting period should be no more than 1 year, and for certain industries with harmful or dangerous working conditions - 3 months.

According to the established norms of the Labor Code of the Russian Federation, it is determined that the duration of the permissible work week should be no more than 40 hours. At the same time, the law does not define the exact values ​​of an individual work shift; it is established depending on production needs.

How are working hours determined?

In accordance with Articles 100 and 189 of the Labor Code of the Russian Federation, the working hours are established by the employer in agreement with the employee. The length of the working day is necessarily fixed in the employment contract.

At the same time, the normal working hours per week cannot exceed 40 hours (Article 91 of the Labor Code of the Russian Federation).

This number of hours is the most common standard for most positions. It turns out that the employee works 5 days a week for 8 hours.

For certain categories of citizens, as well as for some labor positions, a smaller number of working hours per week is established. For example, in hazardous industries they work on average 20-25 hours a week. The duration of one working day is not regulated by current labor legislation: in fact, it can be anything.

Work schedule 2

The periods of work in such cases are selected individually based on the principles established in the current labor legislation, as well as the internal regulations of the enterprise or within the framework of a collective agreement.
But the working days throughout the week in this case will not be the same in traditional ideas. It is imperative that in the event of a transfer of an enterprise to work in shifts, several teams are formed. They will perform their duties alternately, in shifts, which guarantees the work process without interruption. In small teams, it is possible for workers to take turns replacing each other, working alone. But this is only permissible for simple areas of activity where the use of a large number of automatic equipment is not expected.

Number of hours with a shift schedule of 2 every 2

When introducing an RMS system at an enterprise, a work schedule is a mandatory document.

FOR YOUR INFORMATION! Art. 103 of the Labor Code of the Russian Federation clearly requires the drawing up of an RMS schedule only for an operating mode that includes shifts. For other operating modes, such a requirement is not legally binding. However, most often employers prefer to draw up such schedules, since it is practically impossible to ensure compliance of working hours with legal standards, especially in a long accounting period, in any other way.

The schedule is drawn up based on the regulatory documents of the enterprise:

• collective agreement;
• individual employment contracts or additional agreements thereto;
• internal labor regulations;
• other local acts.

ATTENTION! The RMS schedule can be drawn up for the entire enterprise as a whole, or for individual groups of employees or individuals, applied on an ongoing basis or introduced temporarily.

Organizing a summary accounting schedule is a rather painstaking procedure. Compilers are faced with many difficulties during the planning process, which must be resolved based on specific situations. Let's consider the main difficulties that stand in the way of the RMS scheduler and outline possible ways to overcome them.

1. Setting up alternating shifts and days off. Depending on the length of the shift, such a number of hours of work may accumulate during the accounting year that will not meet the established annual norm. This can happen if, for example, the norm for the year turns out to be odd, but the shift is designed for an even number. The solution may be to draw up a schedule with minimal shortcomings or adjust the work with additional days off. To do this, you should not prescribe in regulatory documents a too strict combination of the frequency of work shifts and days off in order to be able to “maneuver.”
2. Sanctions for exceeding hourly standards. The law does not allow processing beyond established limits. Therefore, if the schedule is designed to include overtime, the inspection authorities may consider this a violation. Solution: if it is impossible to strictly comply with the norm in the schedule, a planned deficiency (minimal, of course) is less “traumatic” than even a small overwork. Shortcomings due to the employer's fault will simply have to be paid at the average wage level, and overtime is fraught with penalties.
3. Familiarization of employees with the schedule. Art. 103 of the Labor Code of the Russian Federation requires the employee to familiarize himself with the shift schedule no later than 30 days before its introduction, subject to his written confirmation of consent. However, here the employer may have another difficulty. RMS is a mode in which production needs at any time can force the accepted schedule to be adjusted. Of course, the total number of hours for the accounting period should in any case remain unchanged, but the ratio of weekends and work shifts may need to be adjusted. And familiarization with the employee's signature makes it impossible to make any changes to the schedule in less than a month.
   If such changes are made, they will be recognized as a deviation from the work schedule; accordingly, their work will be classified as overtime work or work on days off, and these are different payment standards.

   In addition, such work again requires the consent of the employee and the issuance of a written order from management. Solution: the employer is, of course, obliged to familiarize the employee with the schedule, but the law does not say that consent must confirm the schedule for the entire accounting period, even if it is a whole year. It is advisable for the employer to draw up a preliminary annual schedule for accounting for RMS, and introduce it into work in small parts, most conveniently in monthly periods. Thus, the employee will become familiar with the new schedule and sign it monthly, and the necessary adjustments can be made to it in a timely manner.

In most cases, with such a work schedule, an employee has 7-8 shifts in one calendar month. With a 40-hour work week, the total number of hours per month is about 160 hours. This is the normal figure, from which one hour should be subtracted for each Friday shortened day.

If we start from the most common cooperation schemes, then with a 2/2 shift schedule the duration of one shift is 10-12 hours. At the same time, we would like to remind you that the legislation does not regulate the duration of one work shift. It is established by the employer independently, based on normal, generally accepted standards.

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As an example, you can take a 12-hour work schedule. Hence:

• If an employee works 15 days on average (7-8 shifts), then the total working hours in one month will be 180 hours (12*15).
• The normal working hours for a 40-hour workweek is 160 hours.
• It turns out that with a shift schedule, an employee overworks the norm by an average of 20 hours.

But such a scheme is not considered a violation on the part of the employer, since it is permissible to sum up the total number of hours during the reporting period. Such a reporting period can be a month, a quarter, or a year. It all depends on what type of work the employee performs and for how long the employment contract is concluded.

The 2020 production calendar has already been approved by the Government of the Russian Federation, and its text is available for free review. The total number of working hours is 1,979 per year. Anything that exceeds this figure is considered processing, which must be paid separately.

Each quarter has its own working hours. Current figures:

• 1st quarter - 456.
• 2nd quarter - 477.
• 3rd quarter - 528.
• 4th quarter - 518.

If the reporting period established by the employer is one quarter (3 months), then the maximum number of hours can be specified in the list above. To clarify the duration of one exit, it is enough to divide the maximum number of working hours by the number of employee exits. In this way, you can clarify whether there is a fact of processing or not.

At the same time, most employers, in order to avoid violations of the Labor Code, establish a reporting period of one year (for long-term contracts). This way they can compensate for overwork in one month with underwork in another.

12-hour working day: breaks, types

Work breaks mean rest during a shift, which the employer is obliged to provide to hired personnel. The Labor Code provides for breaks:

• for food and rest (“lunch”) – Article 108 of the Labor Code;
• for heating and rest (as well as a technological break) - Article 109 of the Labor Code.

Each type of break, in relation to a 12-hour working day, should be considered separately.

Lunch breaks in a 12-hour workday

Article 108 of the Labor Code, which regulates lunch breaks, defines the minimum and maximum of their duration - from 30 to 120 minutes. But nothing is said about the fact that special rules apply for a 12-hour shift. The employer only needs to meet these values. He may well give employees half an hour for one lunch for a full 12-hour working day, this is not a violation. Or maybe during a 12-hour working day, lunch breaks can be provided twice - for example, for an hour each. In practice, employers do not often provide longer breaks for a 12-hour work shift, usually limiting themselves to one break lasting 45-60 minutes.

Time spent on a lunch break is not counted as working time and is not paid. If providing a lunch break is impossible due to the peculiarities and conditions of production, the employer must provide the opportunity for employees to eat during working hours, and such a break will be paid. The various legal nuances of the lunch break are discussed in our separate article.

Technological breaks during a 12-hour working day

Such breaks in work are provided due to the nature of production. In particular, some organizations need time to update the information bank and to warm up employees working outdoors in winter. It is also possible to provide technical breaks to ventilate the premises from harmful substances or for cleaning, which must be done several times during the working day.

The time and duration of technological and technical breaks are determined by the Internal Labor Regulations. When installing them, the employer can focus on Guidelines 2.2.9.2311-07. 2.2.9 dated December 18, 2007, approved by the Chief Sanitary Doctor of the Russian Federation. The document, in particular, states that when working for 12 hours, 4 additional 10-minute breaks should be established for working time, and when working on the night shift, a break of 45-60 minutes is desirable (for rest and sleep). But these standards are advisory in nature. During a 12-hour shift, the employer has the right not to establish such breaks at all if he believes that this is not necessary.

From Art. 109 of the Labor Code is not entirely clear whether technological breaks are included in working hours or not. Rostrud drew up a Letter expressing its position on this issue. The agency believes that such breaks, as well as breaks intended to warm employees (loaders, janitors and other workers who work indoors or outdoors at low temperatures) are included in working hours (Rostrud Letter No. PG/2181-6-1 dated 04/11/2012).

Legislative regulation of shift work schedules

Shift work schedule is a form of employment permitted by law. This is a non-standard regime that requires the employer to maintain summarized records of working time. Every year in Russia a new production calendar is introduced (approved by the Government of the Russian Federation).

This regulation specifies the maximum number of hours that an employee can work in a year.

For each category of workers, a separate number of working hours is established.

If an employee is engaged in seasonal production or works on a shift schedule, the employer must use a summarized scheme for calculating working hours. That is, if it is not possible to accurately calculate the number of hours worked per week, they can be added up during one reporting period.

Shift work schedule: how to register

There is no unified form of the document; to compile it, we recommend using a time sheet form.

The schedule must include the following data and details:

• the accounting period during which the document is valid;
• start and end times of shifts, duration of breaks;
• duration of working hours for the accounting period;
• signatures of familiarized employees (a separate familiarization sheet can be drawn up);
• position and signature of the manager who approved the schedule;
• signature of the head of the trade union that approved the document (if there is a trade union organization);
• signature of the scheduler;
• if necessary, symbols.

Payment and overtime (overtime for cumulative working hours)

As a general rule, when considering time worked, a time-based wage system is used. There are two commonly used payroll calculation methods:

• The base value is the monthly official salary;
• The base rate is the hourly tariff rate.

The method of calculating the amount of wages, when the salary is taken as the base value, is convenient for an accounting period of 1 month. As you know, the salary is set for performing work during a month of normal working hours. Within an accounting period equal to a month, the time worked for each working week may be more or less than the established norm of 40 hours (in general), but in general, during the accounting period, the total duration of work performed corresponds to the norm of hours according to the production calendar of that month.

When the duration of the accounting period is more or less than one month, using the salary calculation method based on the monthly salary is inconvenient and incorrect. If the reference period is, for example, several months, the length of working time is very likely to differ from normal in each month.

But in general, during the period under review, the duration of working hours actually worked is equal to the norm. If salary is taken as the basis of calculation, then a situation arises where remuneration for labor in the same identical amount, equal to the salary, is paid for a different amount of labor, which is proportional to the amount of working time.

Therefore, to calculate wages for an accounting period other than a month, the hourly tariff rate is used. It is calculated based on the normal (according to the production calendar) number of hours in a particular month or year, subject to a 5-day working week (Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n).

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40 : 5 × 21 – 1 = 167,

where “-1” is a 1-hour reduction in the working day on the pre-holiday June 11th.

The norm in June will be 167 working hours.

1,979 hours: 12 = 164.92 hours, i.e. the monthly rate in June (as in any other month) will be 164.92.

Summarized accounting of working time - examples of calculating wages from an hourly rate calculated at (1) the standard monthly working time and (2) the average monthly standard for the year are given below.

The salary is 40,000 rubles per month. The work schedule is shifts with summarized recording of working hours, the recording period is 2 months. The standard working time for the accounting period (May and June 2020) is 302 hours: May - 135 hours, June - 167. In May of the year 115 hours were worked, in June - 172. We calculate wages.

1. When using the monthly working time standard:

May 2020 - 40,000: 135 × 129 = 38,222.22 rubles.

June 2020 - 40,000: 167 × 173 = 41,437.13 rubles.

1. When using the annual working time standard:

May 2020 - 40,000: (1,979 / 12) × 129 = RUB 31,288.53

June 2020 - 40,000: (1,979 / 12) × 173 = 41,960.59 rub.

The rules for calculating the hourly rate for the purposes of calculating wages are determined by the employer and must be recorded in the local regulatory legal acts. This is mandatory because different calculation methods give different results for the amount of income an employee receives in a particular month.

It seems appropriate to set an hourly rate calculated on the basis of the monthly norm for an accounting period other than 1 month, but less than 1 year, and for an annual accounting period - an hourly rate calculated on the basis of the annual working time norm.

The method of calculating payment is chosen by the employer and agreed upon with the employee being hired, which is fixed in the employment or collective agreement. It is possible to use different salary systems.

The most commonly used system of remuneration for actual time worked is:

• hourly tariff rates: the monthly amount paid is calculated based on the hours worked during each specific month;
• official salaries: a fixed amount is paid monthly if all shifts are worked in accordance with the planned schedule.

NOTE! With a salary system, the average salary for 1 hour of work will be different in one month or another, the total amount will “accumulate” only at the end of the accounting period. With hourly pricing, the cost per hour is always the same, since it is a fixed value, documented.

It is possible to use piecework wages, when remuneration is calculated depending on the number of units of products produced or operations performed.

In the RMS mode, as in other working modes, sometimes there is a production need to work more hours than allowed by labor law standards.

Overtime work is overtime in excess of the standardized number of hours that make up the accounting period. The concept of “accounting period” is key here, since the very logic of RMS provides for processing in other time periods, compensated by less processing in other periods. Thus, with an annual accounting period, overtime for a week or month cannot be considered overtime, even if it was not included when drawing up the schedule.

REFERENCE! Overtime hours are calculated and calculated exclusively based on the results of the entire accounting period, and if the employee leaves, then on the date of his dismissal.

Inspection bodies are sensitive to the difficulties of planning RMS, allowing overtime that does not exceed the established limits: for each member of the work team, more than 120 hours cannot be overworked during the year, and over 2 days in a row - more than 4 hours (Article 99 of the Labor Code of the Russian Federation ).

If it is not possible to create a schedule without processing included in it, this means that the organization does not have enough staff and it should increase the number of personnel.

Labor legislation provides for special regulations for calculating labor remuneration for overtime:

• for the first two hours overtime, pay time and a half;
• for subsequent hours - double the hourly rate (for hourly pricing);
• additional payment in the amount of one more corresponding hourly rate (for piecework payment).

REMEMBER! It is impossible to compensate for overtime in one accounting period with a shortage of working hours in the next.

For night work, additional financial bonuses are provided, amounting to at least 20% of the average tariff hourly rate for each hour worked on the night shift.

On holidays and weekends, pay for work also provides for an increased amount:

• hourly workers – double rate per hour;
• piece workers - double price;
• “sitting” on a salary - single or double average daily or average hourly earnings (doubling depends on whether overtime took place along with going on a non-working day).

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Compensation is allowed not in financial form, but in the form of additional time for rest (this is agreed with the worker himself).

IMPORTANT! If an employee’s departure on a holiday or day off is provided for according to the RMS schedule, then this time is counted as working time and is included in the norm that is established for the accounting period.

Employment contract with a work schedule “two days in two”

Limited Liability Company "Beta" LLC "Beta"

EMPLOYMENT CONTRACT

01.11.2011 № 112/11

Moscow

Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented by General Director Alexander Ivanovich Petrov, acting on the basis of the Charter, on the one hand, and Nina Igorevna Krasnova, hereinafter referred to as the "Employee", on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this employment agreement (hereinafter referred to as the Agreement) as follows:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Employer instructs, and the Employee assumes, the performance of labor duties as a salesperson in the sales department. 1.2. This Agreement governs labor and directly related relations between the Employee and the Employer. 1.3. The work under this Agreement is the main one for the Employee. 1.4. The Employee's place of work is Beta LLC. 1.5. In order to verify the suitability of the position held, the Employee is subject to a three-month trial. 1.6. The period of temporary disability of the Employee and other periods when he was actually absent from work are not included in the probationary period. 1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement. 1.8. Working conditions at the Employee’s workplace are acceptable (class 2).

2. DURATION OF THE AGREEMENT

2.1. The employee undertakes to begin performing his work duties from November 1, 2011. 2.2. This Agreement is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties provided for in this Agreement, the Employee is paid a salary that includes: 3.1.1. Official salary in the amount of 30,000 (Thirty thousand) rubles per month. 3.1.2. Compensation payments (additional payments for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on the remuneration of employees. 3.1.3. Incentive payments (quarterly, annual and one-time bonuses), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonus payments to employees. 3.2. Salary is paid to the Employee every half month on the following dates: the 5th and 20th of each month. The Employee's salary is paid by issuing cash at the Employer's cash desk. At the request of the Employee, it is allowed to pay wages in non-cash form by transferring it to the bank account specified by the Employee. 3.3. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. LABOR FUNCTION OF AN EMPLOYEE

4.1. The employee performs the following job duties: – customer service; – calculating the cost of the purchase, issuing a cash receipt to the buyer; – complete pre-sale preparation of goods; – placement of goods (in a showcase, warehouse) by type to ensure ease of working with them; – preparation of commodity reports, acts of defects, shortages, re-grading of goods and acceptance certificates; – resolution of controversial issues with customers in the absence of administration representatives; – other labor duties provided for by Job Instruction No. 53 dated August 23, 2011.

5. WORKING AND REST TIME

5.1. The employee is assigned a work schedule of two days after two in accordance with the work schedule (Appendix No. 1 to this Agreement) and a working week with the provision of days off on a sliding schedule. The work schedule is approved by order of the General Director of Beta LLC, taking into account the opinion of the primary trade union organization of Beta LLC and is brought to the attention of the Employee no later than one month before it comes into effect. 5.2. The start and end times of work, breaks for rest and meals, the procedure for alternating working days and days off are established by the internal labor regulations in force at the Employer and work schedules. Breaks are not included in working hours and are used by the Employee at his own discretion. 5.3. The employer keeps a summary record of the time worked by the employee with an accounting period of one month. 5.4. The employee is granted an annual basic paid leave of 28 (twenty-eight) calendar days and an annual additional paid leave due to the fact that he has suffered an illness associated with radiation exposure due to the Chernobyl disaster, of 14 (fourteen) calendar days. 5.5. For family reasons and other valid reasons, the Employee may be granted leave without pay based on his written application. The duration of this vacation is determined by agreement of the Parties. 5.6. An employee may be required to work on weekends and non-working holidays, and to work overtime in cases and in the manner provided for by the current labor legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

6.1. The employee has the right: 6.1.1. To provide him with work stipulated by this Agreement. 6.1.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed. 6.1.3. Rest, including paid annual leave, weekly days off, non-working holidays. 6.1.4. Compulsory social insurance in cases provided for by federal laws. 6.1.5. The employee has other rights provided for by the current legislation of the Russian Federation and other regulatory legal acts containing labor law standards, and local regulations of the Employer. 6.2. The employee is obliged to: 6.2.1. Conscientiously fulfill his labor duties assigned to him by this Agreement, the Job Description, and other local regulations of the Employer, with which he was familiarized with his signature. 6.2.2. Conscientiously and in a timely manner carry out orders, instructions, instructions, instructions of the General Director of Beta LLC, comply with established labor standards, comply with the internal labor regulations adopted by the Employer, with which he was familiarized with his signature. 6.2.3. Maintain labor discipline. 6.2.4. Treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees. 6.2.5. Use the equipment, tools, documents, and materials assigned to him for work correctly and for the intended purpose. 6.2.6. Comply with the requirements for labor protection and occupational safety, occupational safety, industrial sanitation, fire safety, with which he was familiarized with his signature. 6.2.7. Immediately inform the General Director of Beta LLC and your immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property). 6.2.8. The list of other labor responsibilities of the Employee is determined by the current legislation, the Job Description, as well as local regulations of the Employer, with which the Employee was familiarized with his signature.

7. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

7.1. The employer has the right: 7.1.1. Encourage the Employee for conscientious and effective work. 7.1.2. Require the Employee to fulfill the job duties specified in this Agreement, the Job Description, to take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, to comply with the provisions of the current from the Employer of local regulations, with which the Employee was familiarized with signature. 7.1.3. Bring the Employee to disciplinary and financial liability in the manner and under the conditions provided for by the current legislation of the Russian Federation. 7.1.4. Adopt local regulations in accordance with the procedure established by law. 7.1.5. Exercise other rights provided for by the current legislation of the Russian Federation, other regulatory legal acts containing labor law norms, and local regulations of the Employer. 7.2. The employer is obliged: 7.2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, and the terms of this Agreement. 7.2.2. Provide the Employee with work stipulated by this Agreement. 7.2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his job duties. 7.2.4. Ensure the safety of the Employee’s work and working conditions that comply with state regulatory labor protection requirements. 7.2.5. Timely and in full pay the salary due to the Employee within the time limits established by the Internal Labor Regulations and this Agreement. 7.2.6. Maintain a work record book for the Employee in the manner established by the current labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms. 7.2.7. Process the Employee’s personal data and ensure their protection in accordance with the legislation of the Russian Federation and local regulations of the Employer. 7.2.8. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity. 7.2.9. Provide for the Employee’s everyday needs related to the performance of his job duties. 7.2.10. Insure the Employee under compulsory social insurance in the manner established by the federal laws of the Russian Federation. 7.2.11. Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, local regulations, agreements and this Agreement.

8. EMPLOYEE SOCIAL INSURANCE

8.1. The employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against industrial accidents and occupational diseases) in the manner and under the conditions provided for by the current legislation of the Russian Federation. 8.2. An employee has the right to additional insurance (voluntary medical insurance) under the conditions and in the manner established by the Regulations on the social package of employees.

9. WARRANTY AND COMPENSATION

9.1. For the period of validity of this Agreement, the Employee is subject to guarantees and compensation provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.

10. RESPONSIBILITY OF THE PARTIES

10.1. In case of failure or improper performance by the Employee of his work duties without good reason, violation of labor legislation, the provisions of the local regulations in force at the Employer, with which the Employee was familiarized with the signature, as well as causing material damage to the Employer, the Employee bears disciplinary, financial and other liability in accordance with the current legislation RF. 10.2. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee. 10.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

11. TERMINATION OF AN EMPLOYMENT CONTRACT

11.1. The grounds for termination of this Agreement are: 11.1.1. Agreement of the Parties. 11.1.2. Termination of this Agreement at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer about this in writing no later than two weeks before the expected date of termination of this Agreement. The specified period begins the next day after the Employer receives the Employee’s resignation letter. 11.1.3. Termination of this Agreement at the initiative of the Employer (in cases and in the manner provided for by the current labor legislation of the Russian Federation). 11.1.4. Other grounds provided for by the labor legislation of the Russian Federation. 11.2. The day of dismissal of the Employee is the last day of his work, except for cases provided for by law.

12. FINAL PROVISIONS

12.1. This Agreement comes into force from the moment it is signed by both Parties. All changes and additions to this Agreement are formalized by bilateral written agreements of the Parties. 12.2. This Agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee. 12.3. If a dispute arises between the Parties, it shall be resolved through direct negotiations between the Employer and the Employee. If the dispute between the Parties is not resolved through negotiations, it will be resolved in the manner established by the current labor legislation of the Russian Federation. 12.4. In all other respects that are not provided for in this Agreement, the Parties are guided by the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, as well as local regulations of the Employer.

Before signing this Agreement, the Employee is familiarized with the following local regulations of the Employer:

I received a copy of the Agreement:

01.11.2011 ________________ N.I. Krasnova

Summarized recording of working time by period

An important point when planning RMS is the choice of the optimal accounting period.

It is necessary to establish a time period during which personnel are guaranteed to accumulate a more or less constant amount of hours worked that meet the standards. The law leaves this choice to the employer, who makes it based on considerations of expediency. It can be:

• decade;
• month;
• two month period;
• quarter;
• half year;
• year.

NOTE! A period exceeding one year is not provided for by law!

For some types of activities, the accounting period is prescribed by law, for example, for drivers it should be equal to a month. For employees of hazardous industries and workers in hazardous conditions, the accounting period for RAS cannot exceed a three-month accounting period.

If the frequency of workdays and weekends is more or less constant, then it is worth establishing an “even” accounting period (2 months, half a year, a year) so that the overtime of one half covers the shortfall in working hours in the other. For seasonal work, a maximum accounting period is advisable, then the “season” will easily overlap the “off-season”.

Monthly schedule 3 people 12 hours each in two shifts

1. Services that provide emergency assistance and respond in emergency situations are firefighters and police officers, doctors, and rescuers. Help from representatives of these professions may be needed at any time of the day or night, and there is no time to hesitate. Therefore, they cannot do without shift work.
2. Enterprises and production facilities where work is not expected to stop.

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Despite the fact that the duration of a shift can reach 10 or even 12 hours, this is not considered overtime, so the employee is not entitled to additional payments in this case. There is no overtime work within the shift schedule. All these features and nuances are reflected within the framework of the employment contract. In some cases, companies prefer to draw up additional agreements in this regard. Legislative framework Features of the work schedule 2 2 and how to organize it - all this is specified in the current labor legislation.

Example of calculation of summarized working time accounting

Let us give a specific example of calculating RMS.

The organization has adopted summarized recording of working hours. A standard week of 40 hours is taken as the norm; a quarter is chosen as the accounting period.

First, the standard working time is calculated. To do this, 40 hours must be divided by 5 days (the standard length of the working week), and then multiplied by the number of working days in each month. Don't forget to deduct 1 hour for each pre-holiday day. You can not make these calculations, but simply look at the production calendar data, where they are already calculated in advance and given for different input data: for an accounting period of a week, month, quarter or year with a working week of different lengths.

Now let's look at the actually worked time indicators. For the 1st quarter of the year, the time actually worked in accordance with the schedule was:

• in January – 158 hours;
• in February – 150 hours;
• in March – 172 hours.

A total of 480 hours.

If you check the production calendar for this year, then in the 1st quarter the standard working time is 482 hours. Thus, we see a 2-hour shortfall due to the employer’s fault, which employees will need to pay at the average hourly rate, which is calculated by dividing the monthly amount earned by the number of hours worked in that month.

During the 2nd quarter, hours worked were:

• in April – 164 hours;
• in May – 156 hours;
• in June – 188 hours.

That's a total of 508 hours.

The production calendar provides for exactly this quantity, so the schedule is completed without rework or shortcomings.

In the 3rd quarter the following picture was observed according to the schedule:

• in July – 166 hours;
• in August –174 hours;
• in September – 172 hours.

https://youtu.be/Go5eBPMsKr0

The amount is 512 hours, while the production calendar for the 3rd quarter of a given year provides for 500 hours. This results in 12 hours of overtime, which according to the law must be registered and paid as overtime: 2 hours at one and a half rates, the remaining 10 hours at double rates. The additional payment is due in September.

Work schedule 2

Question: An organization uses summarized working time tracking for 4 guards (24-hour security). The accounting period is 12 months. At the end of the year, over 120 hours of overtime are obtained. And when the 5th employee is hired, everyone will end up with a shortfall in hours according to the norm. How can you comply with the requirements of labor legislation if, when totaling working hours in a 24-hour department with 4 employees, the maximum number of overtime hours established by law is constantly exceeded?

Colleagues, there are employees who work from 9 to 21 on a 2/2 schedule. (Working hours, excluding lunch - 11 hours). No matter how you draw up the schedule, you still end up with overtime, even with an accounting period of one year. For 2020, for example, at a rate of 1970, the processing time is 43 hours. How to correctly, without violating the Labor Code, draw up a schedule of which accounting period is better to take, as far as I understand, the shorter the accounting period, the more hours of overtime. According to labor legislation, overtime cannot be indicated in the schedule; it turns out that it is necessary to set a lower number of hours than will ultimately be worked. Share your experience please. I would be grateful if anyone could send me a schedule with an example and how you solve the situation with overtime. I’ve been sitting with these graphs for several days now, but your experience is interesting.

Rules for summarized working time recording

Let's summarize the requirements for RMS: the employer, when planning such an operating mode, must take into account the following important points.

1. RMS is mandatory introduced in organizations that cannot ensure constant compliance with working hours throughout the working day (shift) or week.
2. The amount of time worked during RMS during the accounting period should not exceed that provided for by law.
3. The RMS schedule is mandatory when organizing shift work and is desirable in all other modes.
4. The accounting period under the RMS regime is set arbitrarily, except for those types of activities where it is provided for by law, and it is unlawful to set it longer than 1 year.
5. The following items must be regulated in the RMS schedule:
   the beginning and end of the labor process;
6. duration of the shift (working day) in hours;
7. frequency of work shifts and days off;
8. rest time between shifts.
9. It is forbidden to include significant rework in the schedule (this is fraught with administrative liability), and shortcomings are also undesirable. If this or that actually happened, this must be compensated by the employer in the manner prescribed by law.
10. Overtime hours are calculated and paid after the end of the accounting period.
11. Work on public holidays according to the schedule is included in the general standard of hours, although it is additionally paid or compensated, without being overtime.
12. For an employee who does not begin his duties at the beginning of the accounting period, the total hourly rate is reduced.
13. The absence of an employee for a valid reason, in particular due to sick leave or vacation, excludes the missed hours from his norm for the accounting period.

Schedule 2

Does the rule on reducing working hours by an hour on the eve of a non-working holiday apply to part-time workers? The answer is in the Encyclopedia of Solutions. Labor relations, personnel" Internet version of the GARANT system. Get full access for 3 days for free!

However, it is worth taking into account the employee’s right to daily (between shifts) rest (Article 107 of the Labor Code of the Russian Federation). The duration of such rest is not specified in the Labor Code of the Russian Federation, but the rule of the Soviet period continues to be applied that the duration of daily (between shifts) rest together with the lunch break must be no less than double the duration of work on the working day (shift) preceding the rest (p .11 resolution of the Council of People's Commissars of the USSR of September 24, 1929 “On working time and rest time in enterprises and institutions switching to a continuous production week”). The application of this rule is confirmed by current judicial practice (decision of the Krasnochikoysky District Court of the Trans-Baikal Territory dated April 14, 2014 in case No. 2-106/2014, appeal ruling of the Investigative Committee for civil cases of the Rostov Regional Court dated March 31, 2014 in case No. 33-4219 /2014, cassation ruling of the Investigative Committee for civil cases of the Pskov Regional Court in case No. 33-1085/2011).

THE EMPLOYEE WORKS LESS THAN 8 HOURS PER DAY

Part-time work is becoming increasingly popular. Employers are not willing to pay for a full day's work if a function can be completed in a few hours. In this case, you can use a tool such as part-time work (Article 93 of the Labor Code of the Russian Federation).

Mandatory part-time work is established for part-time workers by virtue of Art. 284 Labor Code of the Russian Federation. But even at the main place, an employee can work part-time, that is, on a part-time basis. The main thing is that both parties to the employment contract agree to this[2].

However, in some cases, a request for part-time work by an employee is obligatory for the employer. Conversely, sometimes an employer can establish part-time working hours of his own free will (and thereby save wages).

Thus, the partial time is set:

1) by agreement of the parties (for example, for part-time workers) (Part 1 of Article 93 of the Labor Code of the Russian Federation);

2) regardless of the employer’s consent (Part 2 of Article 93 of the Labor Code of the Russian Federation) at the request of:

• pregnant woman;

• one of the parents of a child under 14 years of age (disabled child under 18 years of age);

• a person caring for a sick family member in accordance with a medical report;

3) at the initiative of the employer - in the case specified in Part 5 of Art. 74 of the Labor Code of the Russian Federation (to avoid mass layoffs of workers).

Part-time working time must be distinguished from reduced working time , which is set by the employer based on the requirements

legislation.

According to Art. 92 of the Labor Code of the Russian Federation, a shortened working day is established for the following categories of workers:

• minor workers (Article 271 of the Labor Code of the Russian Federation);

• disabled people;

• workers with harmful and (or) dangerous working conditions (Article 94 of the Labor Code of the Russian Federation);

• women working in the Far North and equivalent areas (Article 320 of the Labor Code of the Russian Federation);

• workers of certain professions (for example, doctors - Article 350 of the Labor Code of the Russian Federation, teachers - Article 333 of the Labor Code of the Russian Federation).

The key difference between shortened working hours and part-time work is that, as a general rule, with shortened working hours, employees are paid a full salary. For part-time work, the salary is calculated in proportion to the time worked. The exception is minors, who are given a shortened working day, but payment is calculated in proportion to the time worked (Article 271 of the Labor Code of the Russian Federation).

Limitation of working hours

As a general rule, the Labor Code of the Russian Federation does not establish a maximum value for the duration of the working day. The following cases are exceptions (Article 94 of the Labor Code of the Russian Federation):

• minor workers - depending on age;

• disabled people - in accordance with a medical report;

• workers with harmful and (or) dangerous working conditions;

• some categories of creative workers according to the list established by the Government of the Russian Federation;

• workers working on a rotational basis[3].

Thus, if workers do not belong to these categories, their working day may be more than 8 or even 12 hours.

Standard working hours for part-time employment

Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n established the Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week, including for part-time and shortened working hours:

Standard hours according to Labor Code

Establishing extended shifts is not a violation of employee rights.

The main thing is that the total number of hours spent on work should not exceed 40.

The calculation of time worked in this mode is carried out not by weeks, but by longer periods, for example, a month.

For summarized accounting, it is important to comply with the standard hours during the selected period, and the daily or even weekly duration of work may go beyond the framework established by the Labor Code of the Russian Federation.

The maximum duration for each period can be found in the production calendars.

https://youtu.be/1juwABewLfU

Pros and cons of a work schedule of 2 every 2 to 12 hours for the employer

By using a 2-by-2 work schedule, an employer can easily solve many important problems in organizing a business. The clear advantages of this approach in organizing work include:

• The ability to ensure consistency and continuity of the work process using only two shifts greatly simplifies the organization of work at the enterprise.

• Convenience when working in the service sector, when a standard eight-hour working day does not provide the opportunity to provide effective customer service and optimize staff costs.
• Effective personnel management by optimizing the use of the company's human resources - the 2 through 2 work schedule is considered one of the most convenient from the point of view of personnel management.

However, this approach also has a number of disadvantages, namely:

• The need to provide effective legal support for such a work schedule - developing a staffing schedule will be more difficult than in the case of a standard five-day work week.
• Difficulties in working with certain categories of employees. The 2-by-2 work schedule is not suitable for organizing production in harmful and dangerous conditions and significantly complicates the employment of disabled people and minors.
• The need for careful recording of working hours. The 2-by-2 schedule itself, when used directly, leads to employees working overtime and paying overtime, so it is necessary to think through a solution to this problem separately.