The working time regime, its types and the order of establishment

Regardless of the sphere and schedule of the employee, the employer is obliged to observe the working time regime, the varieties of which are fixed by the Labor Code of the Russian Federation. Each organization has the right to determine its norms, if it does not contradict the law. Article 91 of the LC RF imposes on the employer the duties of accounting for hours worked and its corresponding payment, and article 16 contains a description of working schedules.

The working time regime and the order of its establishment are regulated:

• The rules of the company's internal labor regulations, that is, the internal regulations that familiarize the employee with the procedure for admission, transfer and dismissal, the rights and obligations of the organization and employee in relation to each other, the employment and rest time regime, and other matters relating to the relationship of the organization and personnel.

• by a collective agreement, by signing which, the employee agrees with the provisions specified therein.

In fact, the organization has the right to establish a work schedule, and the employee can either agree with the proposed conditions, or refuse. The RF TC defines only the main provisions.

The mode of working time and its types in accordance with Article 16 of the LC RF.

1. Normal, or one-shift. This is a common five-day weekend with two days off or a six-day weekend with one weekend, as well as a sliding schedule with a floating weekend. Summation of the worked time is made in cases when the time is taken into account not every day or weekly, but in the period from one month to one year. Such a regime is advisable in circumstances where it can not be recorded by day or by week, for example, when the shift method or when working on transport.

2. The non-standardized graph. The employer can involve the employee in the performance of his immediate duties in excess of the normal working time. The employee has no right to refuse to work overtime, and the employer does not have the right to demand from the subordinate to perform duties alien to him that are not stipulated by the labor agreement. Setting an employee for such a regime of working time, the organization, however, has no right to involve him in overtime employment too often, but only periodically. For processing, either additional paid leave is required, or an addition to wages (art. 119).

3. Flexible work schedule, enabling employees to determine the beginning and end of a work day, as well as its duration, at its discretion. However, as a result, the total number of hours established by law for a certain period should be worked out. A flexible (or sliding) schedule can be established either when getting a job, or already in the process by agreement of the parties. The reasons for moving to a flexible or floating working time can be due to both the personal circumstances of the employee and the situation in the organization, when such a schedule seems most appropriate and effective.

4. Interchangeable mode. It is used, as a rule, at round-the-clock work of the enterprise, when work is conducted in two-four shifts (day, evening or night) per day. In this case, every week the employee has the right to count on a weekend duration of at least 48 hours.

5. The fragmented mode of working time existing in accordance with art. 105 provides for dividing the day by means of breaks into parts, which are eventually summed up. Their permissible number is not defined by law.

One of the main difficulties in this matter is that all the regimes prescribed in the collective agreement or internal statute do not come into conflict with the Labor Code, but workers often recycle without receiving any compensation. This is common in commercial organizations, and, fearing losing their jobs, the staff prefers not to enter into labor disputes.

It is also important to know that work on holidays and weekends should be paid at least in double size, and the total (or average) number of working hours per week should not be more than 40, however, in reality, often the five day work day lasts longer.