An example of dividing the working day into parts. Andreeva N. The division of the working day into parts requires accurate accounting of the time payable Work shifts division into

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.

The division of the working day into parts is one of the types of working hours.

Since the working conditions in this case differ from normal ones, the labor legislation obliges the employer to establish appropriate additional payments for such employees ().

Cases in which it is possible to divide the working day into parts

The working day can be divided into parts:

with the special nature of labor;
in the production of work, the intensity of which is not the same during the working day (shift).

In this case, the total duration of working time should not exceed 40 hours per week.

for metro employees directly related to passenger service, as well as during work, the intensity of which is not the same during the working day (shift) - "" approved. Order of the Ministry of Transport of Russia dated 08.06.2005 N 63;
for employees of communication departments directly involved in servicing the population - "Regulations on the peculiarities of the working hours and rest time of communication workers with a special nature of work" approved. Order of the Ministry of Communications of Russia dated 08.09.2003 N 112;
for drivers of trams and trolleybuses - "" approved. Order of the Ministry of Transport of Russia dated October 18, 2005 N 127;
for bus drivers on regular city, suburban and intercity bus routes - "" approved. Order of the Ministry of Transport of Russia dated 20.08.2004 N 15;
for employees engaged in air traffic control of civil aviation ships, employees of the floating composition of inland river transport vessels - "" approved. Order of the Ministry of Transport of Russia dated November 21, 2005 N 139.

The amount of additional payment for dividing the working day into parts

At the moment, the amount of surcharges is not regulated by law. The following categories of workers are excluded:

women working in rural areas (if the working day is divided into parts) - wages increased by 30 percent (clause 1.7 of the Decree of the Supreme Council of the RSFSR dated 01.11.1990 N 298 / 3-1 based on);
employees of a number of housing and communal services organizations, consumer services (if the working day is divided into parts) - an additional payment of at least 30% of the tariff rate (clauses "and" clause 2.8.2.1 of the "Sectoral tariff agreement in the housing and communal services of the Russian Federation for 2017 - 2019 years");
heads of structural subdivisions of railways for heads of structural subdivisions of railways - an additional payment of up to 30% of the tariff rate or salary (clause 4.4 of the “Regulations on the remuneration of employees of branches of JSC Russian Railways”, approved by the decision of the Management Board of JSC Russian Railways dated 15.04. 2004).

In other cases, the amount of the additional payment is established by the employer independently, taking into account the specifics and nature of the work.

At the same time, it should be noted that the absence of additional payments, as well as the establishment of a divided day regime for employees without proper justification, will serve as a reason for bringing the employer to administrative responsibility (providing for large fines).

Registration of local regulations

When establishing a schedule for certain categories of employees, divided into parts of the working day, the employer must develop and approve the appropriate order (or other local regulatory act), in which it is necessary to indicate:

categories of workers in relation to which the division of the working day into parts is introduced;
the number and duration of parts of the working day;
the number and duration of breaks;
the amount of additional payments for dividing the working day into parts;
the date on which the provisions of this order come into force.

In cases where the division of the working day is established for employees only for a certain period, then the order must indicate the start and end date of this period.

Before approval, the text of the order must be agreed with the elected body of the primary trade union organization.

The nurse for the release of drivers on the line works every day from 2 to 3 hours, 1.5 hours in the morning and 1.5 hours in the evening from Monday to Thursday, 1 hour in the morning and 1 hour in the evening from Friday to Sunday. How to prescribe her work schedule in PWTR? This is a part-time working regime during the working day with the division of the working day into parts or flexible working hours with a fixed number of hours per week. Do I need to indicate the beginning and end of work for each part?

Answer

Answer to the question:

According to part 2 of Art. 57 of the Labor Code of the Russian Federation, the regime of working hours and rest time (if for a given employee it differs from the general rules in force for a given employer) is a prerequisite of an employment contract.

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Encyclopedia on the introduction of flexible working hours "on a turn-key basis" from the Kadra System.

And by virtue of Art. 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties, including the working hours, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

According to Part 1 of Art. 74 of the Labor Code of the Russian Federation, it is allowed to change the terms of the employment contract determined by the parties (with the exception of changing the labor function of the employee) at the initiative of the employer if there are reasons related to changes in organizational or technological working conditions.

Thus, you can change the working hours of employees in accordance with Art. 72 of the Labor Code of the Russian Federation by agreement of the parties to the employment contract or in accordance with Art. 74 of the Labor Code of the Russian Federation at the initiative of the employer with a preliminary notice of at least two months.

If employees agree to work in the new conditions, it will be necessary to conclude additional agreements with them to labor contracts.

If employees refuse to continue working in the new conditions and disagree with the transfer to a vacant position (or in the absence of vacancies), the employment contract with them is terminated under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation - the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties.

The division of the working day into parts is possible in the following cases (Article 105 of the Labor Code of the Russian Federation):

If the organization provides for a special nature of labor (for example, in organizations serving the population - communications, utilities, civil aviation enterprises);

If the intensity of the work performed during the working day is different (for example, urban passenger transport, livestock farms).

The main condition for dividing the working day into parts is that the total duration of working time should not exceed the prescribed duration of daily work.

The number of parts into which a working day can be divided, as well as the time of breaks between these parts, is not established by the Labor Code of the Russian Federation. Therefore, the employer independently determines the working conditions for employees whose working day is divided into parts. As a rule, these are two parts with a break of more than two hours.

The time provided for rest and meals can be used in any part of the working day, as long as it is at least 30 minutes. Such a break is not included in working hours and is not paid.

The procedure and conditions for dividing the working day into parts are established by the local regulatory act of the employer (PVTR).

If an elected body of a primary trade union organization has been created in an organization, then a local normative act is adopted taking into account its opinion (Article 372 of the Labor Code of the Russian Federation).

This act contains the following information:

Number of parts of the working day;

Length of parts of the working day;

The number and duration of breaks during the working day;

The date from which the division of the working day into parts is introduced;

The period during which this regime is valid (if a certain period is established);

The amount of additional payments to the employee for dividing the working day into parts (for example, clause 1.7 of the Decree of the Supreme Council of the RSFSR dated November 1, 1990 N 298 / 3-1 provides for increased wages for women) and other conditions.

In the PVTR (or an employment contract - an additional agreement, if only one employee has such a schedule) you can write, for example, like this:

The employee is assigned part-time work with the division of the working day into parts.

Dividing the working day into parts:

Monday to Thursday:

- 7.00 - 8.30 - working hours;

- 19.00-20.30 - working hours.

Friday to Sunday:

- 7.00 - 8.00 - working hours;

- 19.00-20.00 - working hours.

Details in the materials of the System Personnel:

1.Answer: How to set part time mode

N.Z. Kovyazin

Working hours

What are the differences between normal working hours, part-time and reduced

In general, the normal working week should not exceed 40 hours (). During the week, working time must be distributed so that its total duration does not exceed this limit. The most common option is an eight-hour working day with a five-day working week with days off Saturday and Sunday.

The current working hours in the organization must be enshrined in and or contracts ().

In addition to the normal working hours, labor legislation provides for a regime. Part-time means that an employee is employed part-time, either during the week or during the working day or shift. For example, not five working days, but four or not eight hours per shift, but six.

Part-time work should be distinguished from. The latter is set for individual and counted as the full rate of labor (). If we are talking about a part-time working week, then all non-working days in this case are reflected as days off ().

Which employees need to set the part-time mode

An employer can transfer any employee to work with a part-time schedule at his request - an application.

At the same time, in some cases, the administration is obliged to establish such a regime for an employee. This must be done as requested:

pregnant woman;

one of the parents (guardian, guardian) who has a child under the age of 14 or a disabled child under the age of 18;
an employee who cares for a sick family member in accordance with a medical report.

This procedure is provided for by the Labor Code of the Russian Federation.

In addition, an organization can enter part-time and.

Employer initiative

Can an employer establish a part-time work regime on its own initiative

The establishment of a part-time regime at the initiative of the employer is allowed during the period of conduct, which entail significant changes in working conditions. If such changes may lead to, the administration has the right to establish a part-time regime for up to six months. Such a decision is necessary - if it is available in the organization. Such rules follow from Article 74 of the Labor Code of the Russian Federation.

Attention: labor legislation does not allow the possibility of introducing a part-time regime at the initiative of the employer in the event of a threat of mass dismissal for economic reasons (part , art. 74 of the Labor Code of the Russian Federation).

When introducing a part-time working regime, employees must be notified in writing of upcoming changes two months before they are carried out with mandatory familiarization under the signature (). The consent or disagreement of an employee to work part-time can, for example, be registered in the .

Attention: if the employee agrees to work in the new conditions, then you need to work with him. Moreover, in the interests of the employer, this must be done as quickly as possible, until the employee has time to change his mind and find a better job offer on the side. If the employee changes his mind after signing the agreement, then he will not be able to.

If an employee in these circumstances refuses to work part-time, he can be fired to reduce the number or staff with the payment of severance pay and average monthly earnings for the period of employment in (, Labor Code of the Russian Federation).

Attention: the introduction of an incomplete regime without a two-month warning or the execution of additional agreements to the employment contract threatens the employer

The essence of the regime

Irregular working hours are used by many company executives, and most often they are found in manufacturing enterprises. When dividing the working day, it is possible to effectively manage labor resources.

The duration of the parts of work and rest is established on the basis of an agreement between the employee and the employer. But the total duration of the working day cannot exceed the norm available in the legislation.

The law does not contain information on how many minimum or maximum parts the working day of a hired specialist can be divided into during one shift. Most often, company executives prefer to divide the shift into two parts, as a result of which there is a single break between them. Its duration can vary from 1 to 3 hours.

When is separation allowed?

According to the Labor Code of the Russian Federation, the division of the working day into parts is allowed only if certain requirements are taken into account. The procedure can be performed in the following situations:

labor activity is of a specific nature, for example, work in schools or other institutions where students not only study, but also permanently reside;
in a company, employees face different intensity of work during one day, for example, in transport organizations.

In the above situations, it is indispensable that one shift of an employee be divided into several parts. But after completing this process, it is not allowed that the total duration of work exceeds the norm per day.

During the division into parts of the working day, the employer must be guided by local legislation and internal regulations. Basic information about the rules for conducting this process is contained in Article 105 of the Labor Code.

What parts is the shift divided into?

Most often, such a division is used for bus drivers who travel on special routes, as well as for representatives of other similar professions, since certain breaks are established between routes or the performance of certain work.

The break between work is maximum 3 hours, but the total amount of time that a citizen has to spend at work cannot exceed the norm established in the Labor Code.

Separation surcharge

Most often, employees are interested in payment. The division of the working day into parts requires the head of the company to provide certain additional payments to employees for the inconveniences that arise. Such difficulties are due to the fact that for some time citizens have to leave their workplace in order to start working again in a few hours.

Compensation can be assigned by the state or the direct employer, which is fixed in the employment contract. To do this, the head of the company issues an appropriate order in the company. Payments received may not be part of the salary.

Most often, compensation for the division into parts of the working day is assigned to the following employees:

women working in the village, but only on condition that their break in duration exceeds 2 hours, therefore, an additional payment equal to 30% of average earnings is assigned;
workers in the housing and communal services sector, artisans or specialists working in the field of consumer services, and for them the amount of the supplement is 30%;
heads of railway structures.

If the separation process is carried out on the basis of an industry agreement, then the employer must be guided by the content of this document when issuing an order. The surcharge cannot be lower than the amount specified in this agreement.

When does the work day need to be divided?

There are situations when the employer necessarily uses irregular working hours. Specific professions are defined by different regulations. For example, the Order of the Ministry of Communications lists the following specialists for whom the work shift is divided:

head of the communications department;
operator engaged in the issuance or acceptance of items and telegrams;
operators responsible for postal deliveries;
postmen;
mail sorter;
equipment electricians;
telephone help desk operators.

The shift for drivers is necessarily divided, for which a special provision is formed directly in the organization on the division of the working day into parts. This also includes metro workers and specialists from educational institutions in which students are around the clock. Therefore, employers must take into account the nature of the work of their employees in order to establish an optimal work schedule for them.

Drawing up an internal regulatory act

If you want to divide the working day of a certain specialist into several parts, then this procedure must be correctly drawn up by the head of the company. Initially, a special local act is drawn up in the company, on the basis of which an irregular working day is established.

This regulation must include the following information:

how many parts the specialist’s work day is divided into;
for which employees of the company such changes in the labor schedule are provided;
the total length of the working day;
break start and end time;
the date when the transition to the new schedule will occur;
duration of the new regime;
other important points related to the work of a hired specialist.

This documentation is approved by the head of the personnel department of the company. Additionally, the act is transferred to the trade union for study. Representatives of the trade union can make various adjustments to this document.

As soon as the act is approved, then all employees affected by this documentation get acquainted with its contents, and the procedure is carried out against signature.

Formation of an additional agreement

The division of the working day into parts for drivers or other hired specialists is considered a complex process that involves a significant change in the working conditions of citizens. Therefore, the employer must competently draw up such adjustments. To do this, with each employee for whom the work schedule changes, an additional agreement is drawn up to the employment contract.

In this agreement, it is certainly fixed that the citizen is transferred to a divided work shift. To do this, the head of the company issues an appropriate order in advance.

Features of work

The mode of dividing the working day into parts has many nuances. These include:

any citizen working officially has the right to a break, the duration of which can range from half an hour to two hours;
time to be set between different parts of one shift by the head of the company;
it is required in advance to obtain permission to split the shift from the trade union;
by all means, the company issues an internal act, on the basis of which the division of the working time of employees into several parts is carried out;
the employer must make sure that the rights and interests of the company's employees are fully respected.

If representatives of the trade union agree with all the changes being made, then they must draw up a written consent within 5 days after receiving the act. If there is no response during this period of time, then the company may approve the act without the consent of the trade union body.

The trade union can make changes if any paragraphs of the existing act violate the rights or interests of employees.

Paid and non-paid periods

The employer can determine for himself what the internal routine of his employees will be. Therefore, the work shift can be divided into a different number of parts. By law, only periods intended for rest and meals can be paid by management, and in other situations, payment is not provided.

Based on Art. 108 of the Labor Code indicates that all people should have a break for meals. It is set at any time of the shift, and it is minimally equal to 30 minutes. The employer may not pay for this period.

There are also paid breaks, for example, if a specialist works in the cold, then periodically he must rest in a heated room. The employer must not only pay for these breaks, but also provide conditions for a comfortable rest.

If there is a division of the working day for existing employees, then employers often impose additional payments to reduce the negative consequences of such changes. Tax is paid from them and funds are deducted to various funds.

How is the job paid?

The divided labor shift is distinguished by some pay features. Therefore, the head of the company takes into account the following nuances:

long breaks between separate parts of the shift are not paid, unless otherwise provided by the employment contract or an additional agreement drawn up between the director and the hired specialist;
to compensate for the inconvenience arising from citizens, it is required to assign an additional payment for separation;
on the basis of Art. 149 of the Labor Code, the amount of such compensation is determined by the immediate supervisor of the company, for which the provisions of the employment contract and additional agreement, as well as the regulations of the company and the state are taken into account;
these payments cannot be part of the salary, as they are attributed exclusively to compensation.

Practice shows that company executives rarely offer compensation payments to their employees.

What documents are being prepared?

The division into parts of the working day is considered a complex process, during which the head of the company is required to prepare many different documents. They must include:

Internal regulation. The rules for its compilation are given in Art. 22 and Art. 105 of the Labor Code of the Russian Federation. With its help, it is possible to make the necessary changes to the employment contract of the company's employees. It specifies the exact conditions, terms and figures on the basis of which the working day is split. The number of separations, the exact time and duration of breaks, as well as the amount of the supplement, if it is appointed by the director, are given.
Trade union permission. It is drawn up within 5 days after receiving an approximate regulatory act, on the basis of which changes will be made to the employment contract of employees. If during this period the document is not drawn up, then the company has the right to make the necessary changes to the work shift without the consent of the trade union.
The schedule for dividing the working day into parts. Based on this document, all employees for whom changes are made get acquainted with the mode of their future work. Usually a schedule is drawn up for the entire company, and it is important to use examples during the formation of this document. The division of the working day into parts should not affect the rights and interests of employees.
Additional agreement to labor contracts. Since the division of the work shift leads to a significant change in working conditions, such adjustments will certainly be officially recorded. For this, an additional agreement is drawn up with each employee. It indicates what parts the shift is divided into, what surcharge is assigned for this, and other significant conditions are prescribed.

The absence of even one of the above documents is the basis for the forced cancellation of the decision of the company's management by the labor inspectorate or the court.

What should employees do if their rights are violated?

Often the working day of citizens is divided by the employer into parts with numerous violations. For example, workers' rights are not taken into account or permission is not requested from the union. Under such conditions, hired specialists can use the following methods to solve the problem:

filing a complaint with the labor inspectorate or prosecutor's office;
appeal to representatives of the trade union so that they can influence the employer in various ways or apply to state organizations on behalf of workers;
filing a lawsuit in court, and the court has the right not only to cancel the decision made by the employer, but even to recover compensation for non-pecuniary damage from him.

If each employee understands his rights and obligations, he will be able to defend his interests in court or when applying to state supervisory institutions.

Conclusion

Many workers require the division of the work shift into several parts. The process should be formalized with the simultaneous preparation of various official documents.

Long breaks are not paid by the employer, but he can assign an additional payment for specialists, represented by compensation. It cannot be part of the salary.

Is it possible to divide the working day into parts for a bus driver who does not work on regular city, suburban and intercity routes? The Order of the Ministry of Transport No. 299 prescribes the procedure for dividing the working day into parts only for bus drivers working on regular urban, suburban and intercity routes. If separation is still possible, is it necessary in this case to be guided by order No. 299?

Answer

Yes, separation is possible. It is necessary to be guided by Art. 105 of the Labor Code of the Russian Federation.

Article 105 of the Labor Code of the Russian Federation establishes that in those jobs where this is necessary due to the special nature of labor, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts.

In this case, the following rules must be observed:

The total duration of working hours should not exceed the established duration of daily work;

To divide the working day into parts, it is necessary to adopt a special local normative act, taking into account the opinion of the primary trade union organization.

Labor legislation does not establish the number of parts into which a working day can be divided.

For details on this, see the materials in the rationale.

The rationale for this position is given below in the materials of the "Personnel System" .

Article: "Portion" work, or Divide the working day into parts

“The division of the working day into parts is one of the types of working hours * (part 1, article 100, article 105 of the Labor Code of the Russian Federation).

Such a regime cannot be established arbitrarily or at the request of one of the parties to the employment relationship. In the event of a labor or tax dispute, the employer will have to prove that there were objective reasons for such a division*.

The components of the divided working day for certain categories of employees are determined by sectoral regulatory legal acts. The employer needs to take into account their provisions when developing a local document.

At the same time, the presence of normatively fixed lists of professions and positions of employees whose working day is allowed to be divided into parts does not exclude the possibility of applying this regime to other employees.

Article 105 of the Labor Code of the Russian Federation states that the working day is divided into parts by the employer on the basis of a local regulatory act (hereinafter - LNA) adopted taking into account the opinion of the elected body of the primary trade union organization (if the company has a trade union). This means that such a regime can be established for any employee, if there are objective reasons for this and a certain procedure is followed.

Reasons for dividing the working day into parts

Performing work where it is necessary due to the special nature of the work;
implementation of work, the intensity of which is not the same during the working day (shift) *

As can be seen from the definition of the discussed mode, there are some restrictions when dividing the working day into parts. Thus, the total duration of working hours should not exceed the established duration of daily work. At the same time, the employer must keep a strict record of hours worked in the time sheet. It contains the total number of hours actually worked, which should correspond to the established duration of daily work.

For example, if the working day (shift) is 8 hours, then regardless of the division into parts, the working time should also be 8 hours.

At the same time, in the top line of the column “Marks on appearances and absences from work by the days of the month”, opposite the employee’s last name, the code “I” or “01” is affixed, and the duration of work in this mode is indicated in the bottom line.

Unpaid breaks

note

Work when dividing the working day into parts does not apply to shift (Article 103 of the Labor Code of the Russian Federation). These are different working hours, regulated by various norms of the Labor Code of the Russian Federation.

Breaks during working hours are not included and are not paid. The number of parts into which a working day can be divided, as well as the duration of unpaid breaks between them, are not regulated by the Labor Code of the Russian Federation and are determined by the employer. As a rule, these are two approximately identical parts with a break of more than two hours.

The division of the working day into parts creates inconvenience for employees who are forced to leave the workplace and then return to work. Therefore, despite the unpaid breaks, the employer will still have to reimburse such costs.

When performing work in conditions that deviate from normal, the employee is paid appropriate payments. These conditions include, among other things, the regime of dividing the working day into parts. These payments may be provided for by legislation, a collective agreement, agreements, LNA, an employment contract (Article 149 of the Labor Code of the Russian Federation). They are considered compensation and are not taken into account in the amount of salary. (determination of the Supreme Court of the Republic of Komi dated January 13, 2011 No. 33–8/2011).

EXAMPLE

Women (regardless of their place of residence) working in rural areas, where, according to working conditions, the working day is divided into parts (with a break of more than two hours), wages are provided, increased by 30% (Clause 1.7 of Resolution of the Supreme Soviet of the RSFSR No. 298/3-1 dated November 1, 1990 “On Urgent Measures to Improve the Status of Women, the Family, and the Protection of Motherhood and Childhood in the Countryside”).

When working with the division of the working day (shift) into parts (with a break in work of more than two hours), the heads of structural divisions of the railways may receive an additional payment of up to 30% of the tariff rate (salary) for the time actually worked (Clause 4.4 of the Regulations on the remuneration of employees of branches of the open joint-stock company Russian Railways, approved by the decision of the Management Board of JSCo Russian Railways dated April 15, 2004, protocol No. 8).

Failure to establish an additional payment or its establishment in a smaller amount than it is provided for by regulatory enactments In practice, far from all employers establish an additional payment for employees for dividing the working day into parts, mistakenly believing that the law does not define its amount for all categories of employees.
The employer is not entitled to establish a smaller amount of additional payment than provided for by the sectoral regulatory legal act or the sectoral agreement to which he has joined.

An employee whose working day is divided into parts must be given a break for rest and food.

The rule on granting a break is mandatory for all employers, regardless of the organizational and legal form and form of ownership, as well as on the working hours established in the organization, the length of the working day (shift), etc. (determination of the Supreme Court of the Republic of Komi dated June 25, 2012 No. 33-2603AP/2012).

The time provided for rest and meals can be used in any part of the working day, it can also be added to one of the breaks between parts. The main thing is that it should be at least 30 minutes and no more than two hours. Such a break is not included in working hours and is not paid. (parts 1, 2 of article 108 of the Labor Code of the Russian Federation).

Registration procedure

The introduction of the mode of dividing the working day into parts involves the following algorithm of actions.

STAGE 1. We develop the LNA project

This may be a special section of the internal labor regulations or a separate LNA that establishes the procedure and conditions for dividing the working day into parts, for example, the Regulations on working hours (appendix 2).

This document must include the following information:

 the number of parts of the working day;

 duration, start and end time of each part;

 the number and duration of unpaid breaks during the working day;

 duration, start and end time of the break for rest and meals;

 the date from which the division of the working day into parts is introduced;

 the period during which this regime is valid (if a certain period is established);

 the amount of additional payment to the employee for dividing the working day into parts;

 other conditions (if necessary).

STAGE 2. We get a motivated opinion of the trade union committee (if any)

If a trade union committee has been created in the company, then the LNA is adopted taking into account its opinion (Art. 105, 372 of the Labor Code of the Russian Federation). Accordingly, if there is no trade union in the organization, this stage is excluded.

Step 1. We send the LNA to the trade union committee

The document is attached to the cover letter. (Attachment 1). In the content of the letter, you need to state the reasons for approving the regime for dividing the working day into parts and turn to the trade union committee with a request to draw up a reasoned opinion.

It is important to record the fact that the trade union committee received such a letter (for example, by marking the receipt on a copy), since from this date the countdown of the period during which the trade union committee is obliged to send a reasoned opinion will begin.

Step 2 We get a motivated opinion of the trade union committee

The trade union committee must send the employer a written reasoned opinion on the draft LNA no later than five working days from the date of its receipt. If this did not happen or the trade union committee submitted an unmotivated opinion, the employer has the right to approve the LNA in its original form.

note

Taking into account the opinion of the trade union committee does not mean that the LNA agrees with it. The employer has the right to listen to the motivated opinion of the trade union committee or resolve the issue at its discretion and approve the LNA in the form in which it considers appropriate.

Step 3 We take into account the motivated opinion of the trade union committee

If the trade union committee agrees to the approval of the LNA in the form presented, then after receiving its written motivated opinion, a note is made on the LNA: “The opinion of the trade union committee is taken into account (minutes dated “____” _________ 20 ___, No. ______)”. Such a mark can be affixed under the signature of the originator of the document or approval visas.

If the trade union committee did not agree to the approval of the LNA in the form presented and the employer agrees with the amendments made, the LNA is sent for revision taking into account the comments made and only after that it is approved with the same note about taking into account the opinion of the representative body of workers.

If the employer does not agree with the amendments made, within three days after receiving the opinion, he must:

1. Notify the trade union about the time and place of additional consultations.

2. Conduct additional consultations.

3. Draw up a protocol based on the results of consultations, indicating in it:
(or) agreements reached on LNA;
(or) the fact of failure to reach agreement of the parties on the disagreements that have arisen.

After the protocol is drawn up, the employer approves the LNA and makes a note that the opinion of the trade union committee is taken into account.

STAGE 3. We approve the LNA

LNA, which provides for the division of the working day into parts (appendix 2), must be approved by the head of the organization by:

 affixing in the upper right corner on the title page of the LNA the stamp “I approve”, the name of the position of the person approving the document, his signature, full name and date of approval;

 or issuance of an order for the main activity that puts this document into effect (indicating the specific date of introduction, as well as the persons responsible for monitoring the implementation of the LNA).

STAGE 4. Introducing LNA to employees

The employer must familiarize employees for whom the mode of dividing the working day into parts with the relevant LNA against signature both when hiring (before signing an employment contract) and when an employment contract has already been concluded with them.

STAGE 5. We conclude additional agreements to employment contracts

The mode of working time and rest time (if for this employee it differs from the general rules in force for this employer) is one of the conditions that must be included in the employment contract (paragraph 6, part 2, article 57 of the Labor Code of the Russian Federation).

In this regard, the introduction of the regime of dividing the working day into parts in accordance with the approved LNA is recognized as a change in the mandatory terms of the employment contract. It can be made only with the consent of the employee, i.e. after making the appropriate changes in writing to the employment contract concluded with him (Article 72 of the Labor Code of the Russian Federation).

In an additional agreement to the employment contract, it is necessary to provide for conditions on a new regime for dividing the working day into parts, rest time and additional payment for such a regime.

For newly hired employees whose working day is divided into parts, all of the above conditions will be spelled out in the text of the employment contract (Appendix 3).

A RESPONSIBILITY

If the employer does not establish an additional payment for dividing the working day into parts, the employee can apply for the protection of his rights to the state labor inspectorate. After considering the complaint, the State Labor Inspectorate may issue an order to eliminate violations of labor laws, which is mandatory for the employer (Article 356, paragraph 6, part 1, article 357 of the Labor Code of the Russian Federation).

Annex 2. An example of the execution of the Regulations on working hours (fragment)

Appendix 3. An example of drawing up an employment contract with the condition of dividing the working day into parts (fragment)