An example of dividing the working day into parts. Discontinuous work schedule

It consolidates the right of the employer to establish a regime for dividing the working day into parts, which is implemented under the following conditions:

The special nature of work in organizations (for example, the implementation of pedagogical work in educational institutions with round-the-clock stay of students, pupils; in animal husbandry - this is milking, feeding animals, caring for sick animals and other similar work);

Production of work, the intensity of which is not the same during the working day (shift) (for example, in transport organizations).

2. The application of the mode of dividing the working day into parts is possible subject to the requirement that the total duration of working time cannot exceed the stipulated duration of daily work.

3. Having given the right to the employer to establish a regime for dividing the working day into parts, the legislator referred all other issues of regulating such a regime to the scope of local regulation.

4. The local normative act on the division of the working day into parts is adopted by the employer, taking into account the opinion of the elected body of the primary trade union organization.

We believe that the issues of applying the regime of dividing the working day into parts can be considered both as an independent local normative act and as internal labor regulations.

5. At the organization level, it is determined:

How many parts can a work day be divided into? In practice, the working day is divided into two parts with a break of no more than two hours. It is possible to set more breaks. These breaks are not paid. The lunch break is included in the specified breaks;

Positions of employees with the regime of dividing the working day into parts;

The length of the parts into which the working day is divided, the length of the break between them;

The period for which a split working day is introduced (or the period is not indicated), etc.

6. In practice, employees with a regime of dividing the working day into parts are provided with additional payments of a compensatory nature.

7. With regard to certain categories of workers, the regulation of the regime of dividing the working day into parts is enshrined in by-laws of the ministries.

- a measure resorted to by the employer in the event that during the day the work of the employee is required only from time to time. Let's look at the example of drivers, how it looks and how it is regulated by labor law.

How is the division of the working day into parts for drivers

One of the clearest examples is the work of drivers. In particular, this is actively practiced for those of them who operate regular buses on suburban and intercity routes. The fact is that drivers must obey the bus departure schedule established by local passenger transport enterprises. As a result, the gap covering all trips can exceed the standard for a 40-hour week with 5 working days of 8 hours per day. At the same time, neither overtime (Article 99 of the Labor Code of the Russian Federation) nor an irregular day (Article 101 of the Labor Code of the Russian Federation) can be applied, because:

It is possible to use a shift schedule with a summarized accounting of labor time, however, with this mode of operation, it is rather difficult to draw up a schedule. In addition, working for 2 shifts in a row is unacceptable by law, but in practice it is quite real - for example, when the driver completed one flight, then waited a couple of hours and went to another, because there was no employee who would replace him between shifts.

The output is division of the working day into parts, because in this case, due to the non-working period, the total number of hours worked per day does not exceed the norm established by law. At the same time, personnel services of transport and other enterprises, carrying out division of the working day into parts for drivers, it is necessary to be guided as Art. 105 of the Labor Code of the Russian Federation, and specifically by the regulation approved by the order of the Ministry of Transport of the Russian Federation “On approval of the Regulations on the features of the working hours ...” dated 08.20.2004 No. 15. In particular, paragraph 13 of the above provision, speaking of the working day for drivers, indicates that with the consent of the workers themselves, the division of labor time into 2 parts is allowed so that their total duration does not exceed the established norm.

It is important to take into account the following points:

1. The gap between both parts should begin no later than 5 hours after the start of the shift.
2. If the gap is more than 4 hours, the driver has the right to count on breaks for rest in the first part of work (the duration of each break is not less than 15 minutes). This rule applies, however, only to drivers on urban and suburban routes (that is, not intercity).
3. The gap between parts of the working day is not more than 2 hours. This time does not include lunch or rest time. An increase in the break to 3 hours is allowed if there is an appropriate agreement for the industry, a local act and the employee himself agreed to such conditions.

The need to obtain the consent of the driver is easily explained: during the break time is not taken into account and is not paid, while the employee is deprived of the opportunity to engage in his personal affairs. That is why it is important that he himself be satisfied with this mode of operation.

Separation of the day for drivers of electric transport and the subway

With regard to drivers who drive not buses, but trams and trolleybuses, another regulatory act is in force - a provision approved by the order of the Ministry of Transport of the Russian Federation “On Approval of the Regulations on Peculiarities ...” dated 10/18/2005 No. 127. The main differences from division of the working day into parts for bus drivers in this case are the following items:

1. The break between both parts of the day should begin no later than 4 hours later.
2. Break duration: no more than 2 hours - during the day and no more than 6 hours - at night. Lengthening options are not provided, but lunch and rest times are not taken into account (as for commuter and city bus drivers).
3. During the break at division of the working day into parts the driver must be provided with a place to rest.

In the event that we are not talking about drivers, but about metro drivers (although the essence of their work is the same - managing passenger electric transport), paragraphs 17 and 18 of the regulation approved by the order of the Ministry of Transport of the Russian Federation “On approval of the Regulations on the features of the regime ...” dated 06/08/2005 No. 63. According to these standards, division of the working day into parts subway drivers are made according to the following rules:

• either 1 break for 2 hours is introduced, or 2 - for an hour;
• rest and meals during the break are included;
• for workers employed as part of locomotive crews at division of the working day into parts at night, the break between parts cannot be less than 2.5 hours.

Conditions and procedure for registration of the division of the working day

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For an employee to work division of the working day into parts, the following conditions are required:

1. Labor must be special. This has already been covered in example division of the working day into parts in the case of drivers, but the same applies in particular to office cleaners and industrial premises. It is extremely inconvenient for them to do their work at a time when the rest of the employees are working, therefore division of the working day into parts for them it is a natural solution to the problem.
2. The intensity should not be the same throughout the day (shift). Roughly speaking, the worker works qualitatively for several hours at the beginning and several hours at the end of the day, and does nothing the rest of the time. Naturally, the employer is not eager to pay him all the time.

However, in any case, for division of the working day into parts it is required that the enterprise adopts a local act of appropriate content. Usually, the division is made on the basis of a local provision approved by the employer after agreement with the trade union or other body representing the interests of workers. Also, information about this is entered into the employment contracts of employees working in this mode.

Download the order on the division of the working day

1. Article 105 of the Labor Code of the Russian Federation establishes the grounds for introducing the division of the working day into parts: the special nature of labor in organizations (for example, organizations serving the population); production of work, the intensity of which is not the same during the working day (shift) (for example, urban passenger transport). It is possible to establish a division of the working day into parts, or a fragmented working day, subject to the condition that the total duration of working time cannot exceed the stipulated duration of daily work.

The legislation does not determine how many parts a working day can be divided into. In practice, the working day is divided into two parts with a break of more than 2 hours. It is possible to set more breaks. These breaks are not paid. The lunch break is included in the specified breaks.

2. The division of the working day into parts is introduced by the employer, taking into account the opinion of the elected body of the primary trade union organization.

The local normative act regulating the division of the working day into parts should provide for: the circle of employees for whom a divided working day is introduced; the length of the parts into which the working day is divided, the length of the break between them; the period for which a split working day is introduced (or the period is not indicated), etc. Since the regime in which the working day is divided into parts is inconvenient for the employee, the local regulatory act may provide for the payment of additional payments to the employee.

3. For some categories of workers, the division of the working day into parts is established by law. Regulations on the features of the regime of working hours and rest time for car drivers, approved. Order of the Ministry of Transport of Russia dated August 20, 2004 N 15, provides that bus drivers working on regular city, suburban and intercity bus routes, with their consent, the working day can be divided into two parts. A break between two parts of the working day is set no later than 4 hours after the start of work. The duration of the break between two parts of the working day should be no more than 2 hours, excluding time for rest and meals, and the total duration of daily work (shift) should not exceed the duration of daily work (shift). A break between two parts of the shift is provided at the place of deployment or a place designated for the parking of buses and equipped for drivers to rest.

Order of the Ministry of Communications of Russia dated September 8, 2003 N 112 approved the List of professions and positions of communication workers for whom the employer can establish a divided working day. It includes: heads of communication departments (including mobile communication departments) of groups 5, 6 and 7; telecom operators for receiving and issuing mail and telegrams, as well as for organizing mail delivery; sorters of postal items and printed works in delivery communication organizations; postmen for the delivery of postal items, periodicals, telegrams and Money; call center telephone operators; electricians of station equipment for maintenance of GTS and STS telephone repair bureaus; telephonists of the reference service of the reference and information center of the telephone network, etc.

Regulations on the peculiarities of working hours and rest time for tram and trolleybus drivers, approved. By order of the Ministry of Transport of Russia dated October 18, 2005 N 127, it is determined that, with their consent, the working day (shift) can be divided into two parts for drivers. A break between two parts of the working day (shift) is set no later than 4 hours after the start of work. The duration of the break between parts of the working day (shift) when dividing the working day (shift) into parts in daytime should be no more than 2 hours, excluding time for rest and meals, at night - no more than 6 hours, excluding time for rest and meals, and the total length of daily work (shift) should not exceed the duration of daily work (shift). A break between two parts of the shift is provided in a place equipped for drivers to rest.

In Art. 105 of the Labor Code of the Russian Federation states that when performing work of a special nature, as well as work that has a different intensity of labor during the working day (shift), the working day can be divided into parts. But at the same time, the total duration of working time should not exceed the duration of daily work. The division of the working day into parts should be carried out by the employer by issuing a local regulatory act, adopted taking into account the opinion of the elected trade union body of this organization. The content of the current legislation makes it possible to single out the following legally significant circumstances, the proof of which makes it possible to recognize as legitimate and justified the division of the working day into parts.

Firstly, it is required to prove the issuance of an order to divide the working day into parts by an authorized representative of the employer in compliance with the procedure for taking into account the opinion of the trade union operating organization. The authorized representative of the employer when issuing this order is a person who has such powers in accordance with the constituent documents.

The issuance of a local regulatory legal act on the division of the working day into parts without going through the procedure for taking into account the opinion of the trade union of the organization, as well as the refusal to take into account the motives set forth in such an opinion, are the grounds for its recognition as invalid in court.

Secondly, it is required to prove the legitimacy and validity of the publication of a local regulatory act on the division of the working day into parts. The law connects the introduction of this mode of work with the special nature of work or with a change in the intensity of labor during the working day (shift). In this connection, an order can be recognized as legal, which indicates the specific features of the work that necessitate the division of the working day into parts. The special nature of the work may be due to the inability to perform labor duties during the working day. For example, it is very difficult to clean office premises in the presence of employees. In this connection, the working day for cleaning the premises can be divided into parts. The first part of the working day can take place before the start of work in the organization, and the second - after it ends.

The legal basis for dividing the working day into parts is the change in the intensity of labor during the working day (shift). In this connection, the order to divide the working day into parts, which specifically indicates the intervals of the working day (shift) that require the most intensive work, can be recognized as legal. A typical example of the use of this basis is the work of urban passenger transport.

To recognize the order of the authorized representative of the employer as justified, the special nature of the work, requiring the division of the working day into parts, or a change in the intensity of work during the working day (shift) must be confirmed by relevant, acceptable, reliable and sufficient evidence. In this case, instructions on the work performed by employees can be used as evidence. job responsibilities, information about the flow of passengers during the working day.

Thirdly, the division of the working day into parts is recognized as the establishment by order of the employer of a break or breaks during the working day (shift), the duration of which exceeds two hours. A break during the working day, not exceeding two hours, in accordance with Art. 108 of the Labor Code of the Russian Federation is recognized as a break for rest and food. Therefore, the establishment of a break during the working day lasting more than two hours is recognized as the division of the working day into parts.

When dividing the working day into parts, daily accounting of working time is also used, since Art. 105 of the Labor Code of the Russian Federation obliges the employer to ensure that the established norm of hours is observed by employees with this mode of work on a daily basis. Therefore, any excess of this norm should be recognized as work outside the normal working hours.

Thus, the following conclusions can be drawn.

Working time is the procedure for distributing the work of the enterprise during the day, calendar week, month.

The procedure for distributing working time during the day provides for the number of work shifts, the start and end time of work in each shift, the time of breaks (for eating, technological, etc.), irregular working hours, flexible work schedules, rotation of workers and non-working days, division of the working day into parts, part-time work (shift).

For certain categories of workers, an irregular working day may be established, during which it is allowed to perform work in excess of the established working hours. In this case, the work performed is not considered overtime.

For certain categories of employees or teams of subdivisions of enterprises, both when hiring employees and subsequently, a flexible (sliding) work schedule can be established. At the same time, the time of the beginning and end of the working day is determined by agreement between the employee and the administration.

In order to use equipment more efficiently and increase output, or if the duration production process exceeds the allowable duration of daily work, the introduction of 2, 3 and 4-shift work is allowed.

Labor legislation provides for three main types of accounting for working time: daily, weekly, summarized. For each of these types, the hours worked for each working day are taken into account.