Dividing the working day into parts. Andreeva N. The division of the working day into parts requires accurate accounting of the time payable. Registration of local regulations

In the mode of dividing the working day into parts, the working day (shift) is divided into several parts, between which breaks of a certain duration are provided.
Wherein total duration working time should not exceed the established duration of daily work.

The division of the working day into parts is one of the types of working hours (Part 1, Article 100, Article 105 Labor Code RF).

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

Components of a divided work day certain categories 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 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

performance of 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 work 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.

Categories of workers whose working day can be divided into parts

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 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 by law, collective agreement, agreements, LNA, 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 Komi Republic dated 13.01.2011
№ 33–8/2011) .

example

Women (regardless of their place of residence) working in countryside 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”).

Leaders structural divisions railways when working with the division of the working day (shift) into parts (with a break in work for more than two hours), an additional payment of up to 30% can be established tariff rate(salary) for hours actually worked (clause 4.4 of the Regulations on the remuneration of employees of branches of the open joint-stock company"Russian railways", approved. decision of the Management Board of 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 rules of the internal work schedule or a separate LNA that establishes the procedure and conditions for dividing the working day into parts, for example Regulation on working hours.

This document must include the following information:

categories, positions of employees for which the division of the working day is introduced;
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. 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:

Notify the trade union committee of the time and place of additional consultations.
Conduct additional consultations.
Draw up a protocol based on the results of the 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, 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 issuing 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

Mode of working time and rest time (if for this employee it differs from general rules operating 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 appropriate changes to writing in an employment contract concluded with him (Article 72 of the Labor Code of the Russian Federation).

V additional agreement the employment contract must 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.

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).

The division of the working day into parts (Orlova E.)

Article placement date: 11/16/2015

Some types of work have different intensity during labor day. In those companies where such activities are practiced, a special mode of operation may be established, providing for the division of the working day into parts. This is done to ensure that certain categories of employees of the company use their working time more rationally and efficiently (taking into account the specifics of their work) and do not sit idle at the workplace, as they say.

Most often, a divided working day is introduced in communal and operational services, communications, transport, civil aviation, livestock farming, etc. We will tell you what features should be taken into account when establishing such an unconventional working time regime, its documenting and remuneration of employees whose working time is divided into parts.

The procedure for establishing the mode of dividing the working day into parts

The division of the working day into parts is one of the types of working hours (part 1 of article 100, article 105 of the Labor Code of the Russian Federation). In practice, it is commonly referred to as a "fragmented", "divided", "torn" or "discontinuous" working day.

Grounds for establishing such a regime

The division of the working day into parts is possible subject to following conditions(Article 105 of the Labor Code of the Russian Federation):
- when performing work where it is necessary due to the special nature of the work;
- when carrying out work, the intensity of which is not the same during the working day (shift);
- the procedure and conditions for dividing the working day into parts should be established in the local regulatory act of the employer, taking into account the opinion of the elected body of the primary trade union organization (if any in the company).
In the event of a labor or tax dispute, the employer will have to prove the existence of objective reasons for dividing the working day into parts.
For example, the special nature of the job may be related to the inability to perform labor obligations during the working day. In particular, it is extremely difficult to clean office premises in the presence of employees, and therefore the working day for cleaning 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.
Based on the provisions of Art. 105 of the Labor Code of the Russian Federation, the employer must study the need for and reasons for the introduction of this mode of working time, the possibilities and methods of recording working time in this mode.

The essence of the regime

The mode of dividing the working day into parts is the division of the working day (shift), during which the employee works for a given employer, into several parts, between which breaks of a certain duration are established, while the total duration of working time should not exceed the established duration of daily work.
Article 105 of the Labor Code of the Russian Federation contains only general conditions, which, however, are very important (reasons for the introduction of such a mode of operation, the duration of working hours when it is introduced). At the same time, the Labor Code of the Russian Federation does not determine the number of parts into which a working day can be divided, as well as their duration. In practice, the working day is divided into two parts with a break of no more than two hours. It is possible to establish a larger number of breaks (depending on the specifics of the work of certain categories of workers).
To determine whether the working day is divided into parts, it is necessary to establish the nature of the break in the middle of the working day. In most cases, such a break is a break for rest and meals, or the so-called lunch break, which is regulated by Art. 108 of the Labor Code of the Russian Federation. Based on this, in practice, it is concluded that if the break in the middle of the working day is more than 2 hours, then such a working day is considered divided into parts, but in order to establish it, the conditions specified in Art. 105 of the Labor Code of the Russian Federation.
This conclusion is confirmed by a number of regulatory legal acts at the federal level, which establish the features of working time and rest time for certain categories of workers, which are discussed below.

Note! Work when dividing the working day into parts (Article 105 of the Labor Code of the Russian Federation) does not apply to shift work (Article 103 of the Labor Code of the Russian Federation). These are different modes of working hours, regulated by different rules.

Unpaid breaks between parts of the working day

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 these parts, are 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 (parts 1, 2, article 8, paragraph 7, part 1, article 22, article 105 of the Labor Code of the Russian Federation). As a rule, these are two approximately identical parts with a break of more than two hours. At the same time, for certain categories of workers, the components of the regime for dividing the working day into parts are established by industry regulatory legal acts, as well as industry agreements. For instance:
- for crew members aircraft civil aviation (items 29 - 33 of the Regulations on the peculiarities of the regime of working hours and rest periods for crew members of civil aviation aircraft of the Russian Federation, approved by Order of the Ministry of Transport of Russia dated November 21, 2005 N 139);
- for drivers of trams and trolleybuses (clause 9 of the Regulations on the peculiarities of the regime of working hours and rest time for drivers of trams and trolleybuses, approved by Order of the Ministry of Transport of Russia dated October 18, 2005 N 127);
- for bus drivers working on regular urban, suburban and intercity bus routes (clause 13 of the Regulations on the peculiarities of the working hours and rest time of car drivers, approved by Order of the Ministry of Transport of Russia dated 20.08.2004 N 15);
- for employees railway transport working in the positions of specialists serving service and special cars (clause 38 of the Regulations on the peculiarities of the regime of working hours and rest time, working conditions for certain categories of railway workers directly related to the movement of trains, approved by Order of the Ministry of Railways of Russia dated 05.03.2004 N 7) ;
- for metro employees directly related to passenger service, as well as in the production of work, the intensity of which is not the same during the working day (shift) (clause 17 of the Regulations on the peculiarities of the working hours and rest time for metro employees, approved by Order of the Ministry of Transport of Russia dated 08.06 .2005 N 63);
- for employees of educational institutions with round-the-clock stay of students (clause 3.3 of the Regulation on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions, approved by Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69);
- for communications workers (Appendix 3 to the Regulations on the peculiarities of the working hours and rest time of communications workers with a special nature of work, approved by Order of the Ministry of Communications of Russia dated 08.09.2003 N 112);
- for workers caring for animals (clause 2.305 of the Rules for labor protection in animal husbandry, approved by Order of the Ministry of Agriculture of Russia dated February 10, 2003 N 49);
- for employees of Spetsstroy organizations of Russia (clause 7.14 of the Industry Agreement for Organizations federal agency special construction for 2014 - 2016, approved by the All-Russian Trade Union of Special Construction Workers of Russia, Spetsstroy of Russia on 11/19/2013);
- for employees of organizations of ground urban electric transport (clause 3.2 of the Industry Agreement on organizations of ground urban electric transport Russian Federation for 2015 - 2017, approved by the Council of the All-Russian Industry Association of Employers "City Electric Transport", the All-Russian Trade Union of Life Support Workers on November 20, 2014).
Remember also that the features of the regime of working hours and rest time, working conditions of certain categories of workers whose work is directly related to the movement Vehicle, are established by the federal executive body responsible for the development of state policy and legal regulation in the field of transport, taking into account the opinion of the relevant all-Russian trade union and the all-Russian association of employers. These features cannot worsen the position of workers in comparison with those established by the Labor Code of the Russian Federation (part 2 of article 329 of the Labor Code of the Russian Federation).
If the division of the working day into parts is provided for by sectoral regulatory legal acts and agreements, their provisions must be taken into account when developing a local regulatory act of the employer.
At the same time, the presence of normatively fixed lists of professions and positions of employees, for which the division of the working day into parts can be established, does not exclude the possibility of applying this mode of working time to employees whose professions and positions are not reflected in these lists. However, there must be grounds for this (the organization carries out work in which division is necessary due to the special nature of labor, or work, the intensity of which is not the same during the working day (shift)) and the procedure for introducing the mode of dividing the working day into parts must be followed.
As follows from the provisions of Art. 105 of the Labor Code of the Russian Federation, the division of the working day into parts is carried out by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.
The absence of an elected trade union body is not an obstacle to the introduction of a regime for dividing the working day into parts, however, if employees do not agree with such an introduction, they can file a complaint against the actions of the employer with the commission on labor disputes(if available in the company), the state labor inspectorate or the court.

Break for rest and meals

Employees whose working day is divided into parts must, like other employees, be provided with a break for rest and food (part 1 of article 108 of the Labor Code of the Russian Federation). This norm is mandatory for all employers, regardless of the organizational and legal form and form of ownership, as well as the working hours established in the organization, the length of the working day (shift), etc. (Definition Supreme Court Republic of Komi dated 06/25/2012 N 33-2603AP / 2012).
The time provided for rest and meals can be used in any part of the working day, the main thing is that it should be at least 30 minutes and not more than 2 hours. Such a break is not included in working hours and is not paid (part 1 of article 108 of the Labor Code of the Russian Federation). A break for rest and meals can be provided in any part of the working day, it can be attached to one of the breaks between parts of the working day (parts 1, 2 of article 108 of the Labor Code of the Russian Federation).

Surcharge for dividing the working day into parts

The division of the working day into parts creates inconvenience for workers who are forced to leave the workplace and then return to work. This is compensated by the establishment of additional payments to employees who perform a labor function with a given working hours.
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, local regulations, an employment contract (Article 149 of the Labor Code of the Russian Federation). These payments are among compensation and are not taken into account in the amount of salary (Determination of the Supreme Court of the Komi Republic of 01/13/2011 N 33-8 / 2011). For instance:
- for 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 2 hours), wages are provided, increased by 30% (clause 1.7 of the Decree of the Supreme Council of the RSFSR dated 11/01/1990 N 298 / 3-1, Letter of the State Economic Committee of the RSFSR dated 12/12/1990 N 19-117, article 423 of the Labor Code of the Russian Federation);
- for employees of a number of organizations of housing and communal services, the sphere of consumer services for the population and artisans, an additional payment was introduced for working according to the schedule with the division of the shift into parts - in the amount of at least 30% of the tariff rate for the time worked in the shift (clause "h" clause 2.8 .2.1 Industry tariff agreement in the housing and communal services of the Russian Federation for 2014 - 2016, approved by the Ministry of Regional Development of Russia, the All-Russian Industry Association of Employers "Soyuz utilities", the All-Russian Trade Union of Life Support Workers on 09.09.2013; subparagraphs "g" of paragraph 2.8.2 of the Industry Agreement on Organizations in the Sphere of Consumer Services for the Population and Craftsmen for 2014-2016, approved by the Russian Association of Employers in the Sphere of Consumer Services and Craftsmen "Rosbytsoyuz", All-Russian Trade Union of Life Support Workers on November 15, 2013);
- for the heads of structural subdivisions of railways, structural subdivisions of railway departments and separate structural subdivisions when working with the division of the working day (shift) into parts (with a break in work of more than 2 hours), an additional payment of up to 30% of the tariff rate (salary) may be established for the time actually worked (clause 4.4 of the Regulations on the remuneration of employees of branches of JSC Russian Railways, approved by the Decision of the Board of JSC Russian Railways dated 15.04.2004, Minutes No. 8 (Letter of JSC Russian Railways dated 05.05.2004 No. FA-4049 )).
If the division of the working day into parts is provided for by an industry agreement, then the local regulatory act of the employer is developed taking into account the requirements of the relevant provisions. At the same time, the employer is not entitled to establish a smaller amount of additional payment than that provided for by the sectoral regulatory legal act or the sectoral agreement to which he has joined.
In practice, not all employers set employees an additional payment for dividing the working day into parts, mistakenly believing that the amount of such an additional payment for all categories of employees is not defined by law.
If the local regulatory act of the employer does not establish an additional payment for dividing the working day into parts, the employee may file a complaint with the GIT for the protection of his rights. Having considered the complaint, the GIT may issue an order to eliminate violations of labor legislation that are mandatory for the employer (Article 356, paragraph 6, part 1, Article 357 of the Labor Code of the Russian Federation). Based on the results of the audit, the employer may be held administratively liable for violation of labor laws. Officials face an administrative fine in the amount of 1000 rubles. up to 5000 rubles, legal entities- from 30,000 rubles. up to 50,000 rubles (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Taxation of additional payments for dividing the working day into parts

Surcharges for dividing the working day into parts provided for in Art. 149 of the Labor Code of the Russian Federation, are compensatory in nature.
Such additional payments provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, labor contract:
- are taken into account for the purposes of taxation of profits as labor costs, subject to the requirements of paragraph 1 of Art. 252 of the Tax Code of the Russian Federation on the basis of paragraph 3 of Art. 255 of the Tax Code of the Russian Federation, and are also recognized as part of labor costs for the purpose of calculating tax when applying the simplified taxation system with the object of taxation "income minus expenses" (clause 6 clause 1, clause 2 article 346.16, clause 1 art. 252 of the Tax Code of the Russian Federation);
- subject to income tax individuals on the basis of paragraph 1 of Art. 209, paragraph 1 of Art. 210 of the Tax Code of the Russian Federation;
- are subject to insurance premiums to the Pension Fund of the Russian Federation, the FSS of the Russian Federation, FFOMS, as well as insurance premiums against industrial accidents and occupational diseases in accordance with Part 1 of Art. 7 federal law dated 24.07.2009 N 212-FZ "On insurance premiums in Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Fund health insurance"and part 1 of article 20.1 of the Federal Law of July 24, 1998 N 125-FZ "On the mandatory social insurance from accidents at work and occupational diseases.

Documenting

The procedure for introducing the mode of dividing the working day into parts includes the following algorithm of the employer's actions.
Step 1. We develop a draft local regulatory act that establishes the procedure and conditions for dividing the working day into parts (part 1 of article 8, paragraph 7 of part 1 of article 22, article 105 of the Labor Code of the Russian Federation).
This may be a special section of the internal labor regulations or a separate local regulatory act (for example, the regulation on the company's working hours).
This document must include the following information:
- categories, professions and positions of employees for which the division of the working day is introduced;
- the number of parts of the working day;
- duration, start and end time of each part of the working day;
- 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, that is, the date from which the division of the working day into parts is introduced, and the period of its validity (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).
Step 2. We get a reasoned opinion of the elected body of the primary trade union organization (if any).
If a trade union committee has been created in a company, then a local normative act (hereinafter referred to as LNA) is adopted taking into account its opinion (Articles 105, 372 of the Labor Code of the Russian Federation).
Step 2.1. We send a cover letter and a draft local normative act to the trade union committee.
It is advisable to send a local normative act to the trade union committee together with a cover letter. In the content cover letter it is necessary to state the reasons for the approval of the regime for dividing the working day into parts and ask the trade union committee to draw up a reasoned opinion.
It is important to record the fact that the trade union committee received the cover letter, since this body must send the employer a reasoned opinion on the draft local regulatory act in writing no later than 5 working days from the date of receipt of the draft local regulatory act (part 2 of article 372 of the Labor Code of the Russian Federation). Receipt can be noted on a copy of the cover letter.
Step 2.2. We get a motivated opinion of the trade union committee.
The trade union committee must send the employer a reasoned opinion (in writing) on the draft local normative act no later than 5 working days from the date of its receipt. If the trade union committee did not send a reasoned opinion to the employer in writing within the prescribed period or presented an unmotivated opinion, the employer has the right to approve the local normative act in the form in which it was presented.
Step 2.3. We take into account the motivated opinion of the trade union committee.
Step 2.3.1. If a written reasoned opinion reflects consent to the approval of a local regulatory act in the form presented, then after receiving it, a mark is made on the title page of the local regulatory act in the upper left corner: "The opinion of the trade union committee is taken into account (minutes dated "__" _______ 2015 N __)" , and the local normative act itself is approved by the head of the organization.
Step 2.3.2. If the written reasoned opinion does not contain consent to the approval of the local normative act in the form presented and the employer agrees with the amendments made, the local normative act is sent for revision taking into account the comments made and only after that it is approved with a note that the opinion of the primary trade union organization is taken into account.
Step 2.3.3. If the written reasoned opinion does not contain consent to the approval of the local regulatory act in the form presented and the employer does not agree with the amendments made, within 3 days after receiving the opinion, the employer must:
1) notify the trade union committee of 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 a local regulatory act;
- (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 local normative act and makes a note that the opinion of the trade union committee is taken into account. Taking into account the opinion of the trade union committee does not mean agreeing with it a local normative act. 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 local regulatory act in the form in which it considers appropriate.
Step 3. We approve the local normative act.
The local normative act, which provides for the division of the working day into parts, must be approved by the head of the organization or other authorized official:
- or by affixing in the upper right corner on the title page of the local regulatory act the heading "I approve", the name of the position of the person approving the document, his signature, full name. and the date of approval (clause 3.16 of GOST R 6.30-2003, approved by the Decree of the State Standard of Russia of 03.03.2003 N 65-st);
- or by issuing an order for the organization that puts this document into effect (indicating the specific date of introduction, as well as the persons responsible for monitoring the implementation of such a local regulatory act).
With any method of approval, on the title page of the local normative act, in its upper left corner it is necessary to fix: "The opinion of the trade union committee is taken into account (minutes dated "__" _______ 2015 N __)" or "There is no elected body of the primary trade union organization."
Step 4. We introduce employees, whose working day is divided into parts, with a local normative act.
The employer must familiarize the employees for whom such a regime has been introduced with the local regulation introducing the regime for dividing the working day into parts against signature both when hiring (before signing the employment contract) and in the event that appropriate changes are made to it (para. 10, part 2, article 22, part 3, article 68 of the Labor Code of the Russian Federation). If the employee does not comply with such a regime of working hours, it is the employer’s failure to familiarize himself with such a local normative act that exempts the employee from liability.
Step 5. We conclude with the employee an additional agreement to the employment contract on the division of his working day into parts.
The mode of working time and rest time (if for a given employee it differs from the general rules in force for a given employer) is one of the conditions that are mandatory for inclusion in an employment contract (paragraph 6, part 2, article 57 of the Labor Code of the Russian Federation).
In this regard, the introduction of the mode of dividing the working day into parts in accordance with the approved local regulatory act is recognized as a change in the mandatory conditions of the employment contract, which can be made by the employer only with the consent of the employee, that is, after making appropriate changes in writing to the employment contract concluded with him (Article 72 of the Labor Code of the Russian Federation).
That is, it is impossible to unilaterally divide an employee’s working day into parts. Thus, 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, the specified conditions related to the establishment of the regime for dividing the working day into parts will be initially included in the text of the employment contract when it is concluded.

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 this employee it differs from the general rules in force for this employer) is prerequisite labor contract.

Don't miss: the main article of the month from leading specialists of the Ministry of Labor and Rostrud

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 changes labor function 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 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 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

V general case the normal duration of the 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

Commentary on Article 105 of the Labor Code of the Russian Federation

The division of the working day into parts is regulated by Article 105 of the Labor Code of the Russian Federation. In those jobs where it is necessary due to the special nature of the work, 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 so that the total duration of working time does not exceed the established duration of daily work. .

Such work is usually associated with public services (for example, in urban passenger transport, in communications, trade organizations). At the same time, the total duration of working time should not exceed the established duration of daily work. Such a division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.

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 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.

For the time worked under this regime, the employee is paid an additional payment to his main salary (Article 114 of the Labor Code of the Russian Federation).

Another commentary on Art. 105 of the Labor Code of the Russian Federation

1. Article 105 of the Labor Code of the Russian Federation establishes both the conditions for the application of the work regime with the division of the working day into parts, and the procedure for introducing such a regime.

2. The conditions for the application of the mode of work with the division of the working day into parts are the special nature of labor or the performance of work, the intensity of which is not the same during the working day (shift). Schedules with the division of the working day into parts are used mainly in organizations serving the population, for example, for drivers of urban passenger transport, for some trade workers.

3. The Labor Code does not determine the duration of either individual parts of the working day or breaks between them. These issues should be resolved by a local normative act on the introduction of the division of the working day into parts, adopted taking into account the opinion of the elected body of the primary trade union organization. At the same time, the total duration of the working day (shift) should not exceed the duration of daily work established for employees by the internal labor regulations or the employment contract.

V employment contracts concluded with employees replacing the positions of hydrometeorological observers, there is the wording “special working hours”. The duration of the working week, the duration of daily work, the time of the beginning and end of work, the time of breaks in work, the alternation of working and non-working days are not specified in employment contracts. The internal labor regulations, collective agreement or agreements do not establish working hours for these employees either. In fact, these workers are involved in work 7 days a week at different times during the day (several times within 24 hours). Currently, the management of the parent organization insists on amending the employment contracts concluded with these employees, in terms of changing their working hours from special to break. Is it possible to establish such a mode of working time as a break?

After considering the issue, we came to the following conclusion:

Rostrud, in connection with the appeals of employers and employees on issues related to the discontinuous working hours (discontinuous nature of work), has repeatedly identified this mode in its letters with the division of the working day into parts (see, for example, Question: Discontinuous nature of work (PX). What What is it? Methods of payment? (Information portal of Rostrud "Onlineinspektsiya.RF", September 2015); Question: How is a break working day paid (lunch - 3 hours)? ( Informational portal Rostrud "Onlineinspektsiya.RF", September 2015); Q: I am a teacher additional education in an orphanage. My work schedule is structured like this: I work from 10.00 to 13.00, then break from 13.00 to 15.00, then work from 15.00 to 16.00, then break from 16.00 to 18.00 and work again from 18.00 to 20.00. Do I have to pay a break day and on what basis? normative documents? (Information portal of Rostrud "Onlineinspektsiya.RF", September 2015); Question: What should be the minimum and maximum rest periods (between parts of the working day) when establishing a break work schedule for drivers? (Information portal of Rostrud "Onlineinspektsiya.RF", September 2015)).

It should be noted that in practice this type of working time regime, as the division of the working day into parts, can also be called “fragmented”, “divided”, “broken” working day * (1).

This mode of working hours is defined by Art. 105 of the Labor Code of the Russian Federation, in accordance with which 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 so that the total duration working hours did not exceed the established duration of daily work.

As follows from this rule, in fact, the mode of working time, which provides for the division of the working day into parts, is a special mode of work that is introduced in certain cases.

For some industries, acts federal bodies executive power established lists of professions and positions of employees who can be assigned a divided working day. In relation to employees replacing the positions of hydrometeorological observers, similar regulations federal level no.

Accordingly, in this case, the employer based on the norms of Art. 105 of the Labor Code of the Russian Federation should assess the need for and reasons for introducing this mode of working time for hydrometeorological observers, as well as provide for the possibilities and methods for recording their working time in this mode. Considering that the Labor Code of the Russian Federation does not indicate either the number of parts into which an employee's working day can be divided, or the minimum or maximum number of hours of break between parts of the working day during division, the working day of employees can be divided into parts at the discretion of the employer. At the same time, the division of the working day of workers into parts should be caused objective reasons and the presence special conditions labor (see the ruling of the Nizhny Novgorod Regional Court dated 07.08.2012 N 33-5783/2012).

In the presence of such reasons and special working conditions, the division of the working day into parts is carried out by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization (if any) (Article 105 of the Labor Code of the Russian Federation). And when establishing such a regime, it must be remembered that, regardless of the number of parts into which the employee's working day is divided, the total duration of working time should not exceed the established duration of daily work.

In this regard, we note that, according to the second part of Art. 91 of the Labor Code of the Russian Federation, the normal working time cannot exceed 40 hours per week. This means that other regulatory legal acts or an employment contract cannot increase the normal working hours in comparison with the specified one. This rule applies to all employers, regardless of their type of activity, nature of work and legal form. For some categories of workers, the Labor Code of the Russian Federation expressly provides for normal working hours, which are less than 40 hours per week - reduced working hours (Article 92 of the Labor Code of the Russian Federation). And for some categories of workers Art. 94 of the Labor Code of the Russian Federation also determines the duration of daily work (shift). Note that for workers with a special nature of work, both weekly and daily working hours can be determined by special regulatory legal acts regulating the characteristics of their work (part two of article 100 of the Labor Code of the Russian Federation).

Consequently, the indication in the employment contracts of the workers referred to in the question, information on the mode of work - “special working hours” is not enough.

In any case, the employer must establish the internal labor regulations, the collective agreement, agreements on the duration of the working week, the duration of daily work (shifts), including part-time work (shifts), the start and end times of work, the time of breaks in work, the number of shifts in day, alternating working and non-working days. If the working hours of these employees differ from the general rules established in your organization, then they must be provided for in employment contracts.

And if the employer has a need to divide the working day into parts, then the number and duration of each part of the employee’s working day should also be determined so that the total working time does not exceed the established duration of daily work. Agreements reached by the employee and the employer on the division of the working day into parts, on specific amount parts of the working day and their duration, the time of the beginning and end of each part, as well as the duration and time of the break (s) between the parts of the working day, the parties must be reflected in the supplementary agreement to the employment contract.

The possibility of dividing into parts of the working day of specific categories of workers, the employer should also be sure to enshrine in a local regulatory act, for example, in the internal labor regulations.

We also draw your attention to the fact that when establishing a working time regime, it must be taken into account that paragraph 11 of the Decree of the Council of People's Commissars of the USSR of September 24, 1929 "On working hours and rest time in enterprises and institutions that are switching to a continuous production week" continues to apply at present (hereinafter referred to as the Resolution) (part one of Article 423 of the Labor Code of the Russian Federation, clause 11 of the List of decisions of the Government of the USSR that have become invalid due to the introduction into force of the Basic Legislation of the Union of the USSR and the Union Republics on labor, approved by Resolution of the Council of Ministers of the USSR dated 08.07.1977 N 618). According to the specified paragraph of the Resolution, the duration of daily rest (between shifts, etc.), together with the lunch break, must be at least twice the length of the working time on the working day (shift) preceding the rest. This provision does not contradict the Labor Code of the Russian Federation.

Conditions that deviate from normal can also include work with the division of the working day into parts (see, for example, clause 1.7 of the Decree of the RSFSR Supreme Council of 01.11.1990 N 298 / 3-1). Therefore, for employees whose working day is divided into parts, an additional payment of a compensatory nature is established.

Legal Consulting Service Expert GARANT

Response quality control:

Reviewer of the Legal Consulting Service GARANT

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

*(1) See, for example, the article by E. Orlova “Dividing the working day into parts” (Tax Bulletin magazine, No. 10, October 2015).

© NPP GARANT-SERVICE LLC, 2017. The GARANT system has been produced since 1990. Garant Company and its partners are members of the Russian Association of Legal Information GARANT.

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Russia, Khabarovsk Territory

Commentary on Article 105 of the Labor Code

1. The article establishes the grounds under which the division of the working day into parts is introduced: 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 2 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 trade union body of the 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, incentive surcharges may be included in the local regulatory act (Article 144 of the Labor Code).

3. For some categories of workers, the division of the working day into parts is established by law. The regulation on working hours and rest time for car drivers provides that bus drivers working on urban, suburban and intercity regular passenger lines, with their consent, can be set a working day with a shift divided into 2 parts, provided that the drivers return to their place of deployment before the start of the shift break, no later than 4 hours after the start of work. At the same time, the duration of the break should be at least 2 hours, excluding time for rest and meals. The break time between 2 parts of the shift is not included in working hours.

Regulations on working hours and rest time for employees of operational communications organizations, approved. Decree of the Ministry of Labor of Russia of November 17, 1997 N 58 provides that employees directly related to public services may be given, with their consent, several breaks in work with a total duration of more than 2 hours, including a break for rest and meals. During these breaks, the employee may leave the place of work at his own discretion. Order of February 19, 1998 of the State Communications Committee of Russia N 25 and the Central Committee of the trade union of communications workers of the Russian Federation N 4-133 approved the List of professions and positions of workers directly related to public services, for which the heads of communications organizations can establish, with their consent, divided into parts ( with a break in work of more than 2 hours) a working day with a corresponding surcharge. Order of the Ministry of the Russian Federation for Communications and Informatization 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.

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Article 105. Division of the working day into parts

Commentary on Article 105 of the Labor Code of the Russian Federation

1. The commented article provides for the possibility of dividing the working day into parts. Such a division is possible in those jobs where the intensity of work during the working day (shift) is not the same, as well as in jobs with a special nature of labor. The condition for such a division is the observance of the total length of the working day: in total, the parts should not exceed the established normal working hours.

Thus, housing and communal services workers (for example, janitors carry out work in the early morning and evening), workers public transport unevenly loaded during the day, etc.

The Labor Code of the Russian Federation does not determine how many parts a working day can be divided into and how long it should be. In practice, most often the working day is divided into two parts, with a break between them of more than two hours. However, there may be more parts of the working day. This break also includes a break for rest and meals.

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

The local normative act should provide for the circle of employees who establish the division of the working day into parts, the number of these parts, the start and end time of each part of the working time.

Industry tariff agreements, collective agreements or local regulations of the employer may provide for additional payments to employees for the inconvenience caused by dividing the working day into parts.

Such additional payments are stipulated, in particular, by the Sectoral Tariff Agreement in the housing and communal services of the Russian Federation for 2008-2010, approved by Rosstroy on 07/02/2007, the All-Russian Industry Association of Employers "Union of Communal Enterprises", the All-Russian Trade Union of Essential Workers on 06/22/2007 (the Agreement was extended until January 1, 2014), providing that the additional payment for work according to the schedule with the division of the shift into parts is set at a rate of at least 30% of the tariff rate for the time worked in the shift (clause "g" clause 2.8.2).

Similar norms are established by clause 2.9.2.1 of the Sectoral Tariff Agreement for Organizations of Ground Urban Electric Transport of the Russian Federation for 2009 - 2011, approved by the Council of the All-Russian Industry Association of Employers "City Electric Transport", the All-Russian Trade Union of Essential Workers on 08.10.2008 (the Agreement was extended until January 1 2015) and paragraphs. "g" clause 2.8.2 of the Sectoral Tariff Agreement for Organizations and Enterprises in the Sphere of Public Services for the Population for 2008 - 2010, approved by the Russian Association of Employers in the Sphere of Public Services and Craftsmen "Rosbytsoyuz", the All-Russian Trade Union of Life Support Workers on November 23, 2007 (the Agreement was extended until January 1, 2014).

At the same time, the establishment of such an additional payment by agreement of the parties social partnership may be due not only to the mode of operation, but also to the category of workers. According to paragraph 3.23 of the Industry Agreement on Institutions Federal Service on hydrometeorology and monitoring environment for 2012 - 2014, approved by the All-Russian Trade Union of Aviation Workers, Roshydromet on February 28, 2012, women working in hydrometeorological service units located in rural areas, where the working day is divided into parts with a break of more than two hours, a 30% increase in wages is established in in accordance with the Decree of the Supreme Council of the RSFSR of 01.11.1990 N 298 / 3-1 "On urgent measures to improve the situation of women, the family, the protection of motherhood and childhood in the countryside."

In the event that the surcharge is set at the level of social partnership, employers who have acceded to the Agreement are obliged to pay the surcharge in accordance with the terms of the relevant Agreement.

Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 approved the Regulations on the peculiarities of the working hours and rest time of pedagogical and other employees of educational institutions.

In accordance with clause 3.3 of this Regulation, in exceptional cases in educational institutions with round-the-clock stay of students, pupils (boarding schools, orphanages, boarding schools at educational institutions), in which educational and educational activity during the day within the established norm of hours, the employer, taking into account the opinion of the elected trade union body or in agreement with it, may introduce for educators who carry out pedagogical work in groups of pupils of school age, the working day with its division into parts with a break of two or more hours in a row, with appropriate compensation for such an inconvenient mode of work in the manner and amount provided for by the collective agreement. The break time between two parts of the shift is not included in the working time.

According to clause 3.16 of the industry agreement concluded between the education committee of the administration "Roslavl district" of the Smolensk region and the Roslavl city organization of the Trade Union of Workers public education and science for 2011 - 2013, payment is made in the amount of 30% of the rate for the discontinuous nature of the work, if the break between lessons is more than two hours in rural educational institutions and boarding schools at the expense of budgetary funds, in urban educational institutions at the expense of fund savings salaries and extrabudgetary funds.

The court came to the conclusion that the work of the plaintiffs is discontinuous, and therefore the payment arrears are subject to collection wages for the disruptive nature of the work.

See: Appeal definition Smolensk Regional Court dated June 11, 2013 N 33-2514 / 2013.

3. For certain categories of workers, the division of the working day into parts is provided for by regulatory enactments.

For example, clause 9 of the Regulations on the peculiarities of the working hours and rest time of tram and trolleybus drivers, approved by Order of the Ministry of Transport of Russia dated 10/18/2005 N 127, establishes that drivers, with their consent, a working day (shift) can be divided into two parts. The division is made by the employer on the basis of a local regulatory act, adopted taking into account the opinion of the relevant elected trade union body. A break between two parts of the working day (shift) is set no later than four 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 during the daytime should be no more than two hours, excluding time for rest and meals, at night - no more than six hours, excluding time for rest and meals , and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by clause 8 of the said Regulation. A break between two parts of the shift is provided in a place equipped for drivers to rest. The break time between two parts of the working day (shift) is not included in working time.

According to paragraph 17 of the Regulations on the peculiarities of the working hours and rest time of metro workers, approved by Order of the Ministry of Transport of Russia dated 08.06.2005 N 63, employees directly related to passenger service, as well as in the production of work, the intensity of which is not the same during the working day (shifts ), the working day can be divided into parts. In this case, one break lasting more than two hours or two breaks lasting at least one hour each is established. These breaks include breaks for rest and meals. The total duration of working time per working day (shift) should not exceed the duration of daily work (shift) established for a specific category of employees by the internal labor regulations of the organization. The break time between parts of the shift is not included in working hours.

The procedure and place for providing these breaks are established by the internal labor regulations of the organization, the time for granting and the specific duration of these breaks are established by shift schedules.

Thus, the court indicated that, on the basis of the director's order, the work of the conductors from April 9, 2011 was organized according to the spring-summer schedule. All conductors, including the plaintiffs, are familiar with the order, which is confirmed by their signatures. In accordance with the spring-summer timetable, two breaks lasting less than two hours are organized in the trams on the route of work of the plaintiffs on weekends during the shift.

Since the regulation on the remuneration of conductors provides for an additional payment for work with the division of the working day into parts, if the break between them was at least two hours, the conclusion of the court on the legality of the actions of the employer who stopped paying the specified additional payment on those days when the break was less than two hours is justified, since the specified surcharge is of a compensatory nature. In those shifts, when the interruptions in the work of the plaintiffs exceeded two hours, additional payment was made, which is confirmed by the pay slips available in the case file.

Cm.: Definition Lipetsk Regional Court dated February 1, 2012 N 33-275 / 2012.

The court noted that paragraph 13 of the Regulations on the peculiarities of the regime of working hours and rest time for car drivers provides for the possibility of dividing the working day into parts with the consent of bus drivers working on regular city, suburban and intercity bus routes. The division is made by the employer on the basis of a local regulatory act, adopted taking into account the opinion of the representative body of employees. The break between two parts of the working day is established no later than four hours after the start of work. The duration of the break between two parts of the working day should be no more than two hours, excluding time for rest and meals, and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by clauses 7, 9, 10 and 11 of the said Regulation. 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.

The fact of establishment on the route Syktyvkar - Ukhta of a break between two parts of the working day after five hours and 15 minutes and the determination of the duration of such a break in the amount of five hours and 50 minutes is confirmed by the bus schedule and is not disputed by the society. Consequently, a violation of clause 13 of the Regulations on the peculiarities of the working hours and rest time of car drivers takes place. On the basis of the foregoing, the Court of Appeal finds proven the violation of OOO “S” of the requirements of the law and the guilt of the company in their violation. These actions of the defendant form an administrative offense under Part 3 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation.

Cm.: Decree of the Second Arbitration Court of Appeal dated December 22, 2009 N A29-8715 / 2009.

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Question answer

Hello. I work at school as the system administrator. 5 day working week. Working day 7 hours. The director wants to make a break day: from 8 to 13 and from 16 to 18. Is this correct or not?

Svetlana Bubnova (Order a consultation)

Hello! The division of working hours does not contradict the law, but there are certain nuances.

According to article 105 of the Labor Code of the Russian Federation:

In those jobs where it is necessary due to the special nature of the work, 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 so that the total duration of working time does not exceed the established duration of daily work. . Such a division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization.

That is, the division of the working day of workers into parts should be caused by objective reasons and the presence of special working conditions.

Check out the following article please:

Labor legislation does not provide for such types of working hours as special or discontinuous.

In practice, discontinuous working hours mean the division of the working day into parts.

The mode of working time, which provides for the division of the working day into parts, in fact, is a special mode of work, which is introduced in certain cases: in those jobs where it 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. day (shift).

According to the first part of Art. 100 of the Labor Code of the Russian Federation, the working hours, in addition to the duration of the working week (five-day with two days off, six-day with one day off, working week with the provision of days off on a rotating schedule, part-time work week), includes the duration of daily work (shift), in including part-time work (shifts), start and end time of work, breaks in work, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, and for employees whose working hours differ from the general rules established by the employer - an employment contract.

Labor legislation does not provide for such a type of working time regime as discontinuous, nor does it single out in separate view working hours special mode. Accordingly, the legislation does not contain the concept and features of such modes of working time.

Rostrud, in connection with the appeals of employers and employees on issues related to the discontinuous working hours (discontinuous nature of work), has repeatedly identified this mode in its letters with the division of the working day into parts (see, for example, Question: Discontinuous nature of work (PX). What What is it? Methods of payment? (Information portal of Rostrud "Onlineinspektsiya.RF", September 2015); Question: How is a break working day paid (lunch - 3 hours)? (Information portal of Rostrud "Onlineinspektsiya.RF", September 2015) ; Question: I work as a teacher of additional education in an orphanage. My work schedule is built in the following way: I work from 10.00 to 13.00, then a break from 13.00 to 15.00, then I work from 15.00 to 16.00, then a break from 16.00 to 18.00 and work again from 18.00 until 20.00 Do I have to pay a break day and on the basis of what regulatory documents? (Information portal of Rostrud "Onlineinspektsiya.RF", September 2015); Question: What should be the minimum and the maximum duration of rest (between parts of the working day) when establishing a discontinuous work schedule for drivers? (Information portal of Rostrud "Onlineinspektsiya.RF", September 2015)). It should be noted that in practice this type of working time regime, as the division of the working day into parts, can also be called “fragmented”, “divided”, “broken” working day * (1).

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Dividing the working day into parts. Andreeva N. The division of the working day into parts requires accurate accounting of the time payable. Registration of local regulations

Reasons for dividing the working day into parts

Categories of workers whose working day can be divided into parts

Unpaid breaks

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example

Registration procedure

STAGE 1. We develop the LNA project

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

note

STAGE 3. We approve the LNA

STAGE 4. Introducing LNA to employees

STAGE 5. We conclude additional agreements to employment contracts

The division of the working day into parts (Orlova E.)

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Commentary on Article 105 of the Labor Code of the Russian Federation

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Article 105. Division of the working day into parts

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