The employer independently decides on what schedule his hired specialists will work. Often it is necessary to divide the working day into parts, and usually this need is due to various changes in the production activities of the company. This procedure consists of dividing an employee’s shift into several parts. Short breaks are provided between these parts.

The essence of the regime

Long working hours are used by many business leaders, and are most common in manufacturing businesses. By dividing the working day, it is possible to effectively manage labor resources.

The duration of parts of work and rest is established based on 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 about how many minimum or maximum parts a hired specialist’s working day can be divided into during one shift. Most often, company managers prefer to divide the shift into two parts, resulting in a single break in between. Its duration can vary from 1 to 3 hours.

When is separation allowed?

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

• work activity is of a specific nature, for example, work in schools or other institutions where students not only study, but also live permanently;
• In a company, workers are faced with different work intensities during one day, for example, in transport organizations.

In the above situations, it is imperative that one employee’s shift be divided into several parts. But after completing this process, the total duration of work is not allowed to exceed the norm per day.

When dividing the working day into parts, the employer must focus on 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, this 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 performing 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.

Additional payment for separation

Most often, employees are interested in payment. Dividing the working day into parts requires the head of the company to provide certain additional payments to employees for any inconvenience. Such difficulties are associated with the fact that citizens have to leave their workplace for some time in order to begin work again after a few hours.

Compensation can be prescribed by the state or the direct employer, which is fixed in the employment contract. To do this, the head of the company issues a corresponding order to the company. Payments received cannot be part of the salary.

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

• women working in the village, but only on condition that their break exceeds 2 hours, therefore an additional payment is assigned equal to 30% of average earnings;
• workers in the housing and communal services sector, artisans or specialists working in the field of consumer services, and for them the additional payment 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 contents of this document when issuing an order. The surcharge cannot be lower than the amount specified in this agreement.

When is the working day necessarily 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 specifies the following specialists for whom the work shift is divided:

• head of the communications department;
• an operator involved in issuing or receiving items and telegrams;
• operators responsible for postal deliveries;
• postmen;
• letter sorter;
• equipment electricians;
• help desk telephone operators.

Shifts for drivers must be divided, for which purpose a special regulation on dividing the working day into parts is formed directly in the organization. This also includes metro workers and specialists from educational institutions where students are present around the clock. Therefore, employers must take into account the nature of their employees' work in order to establish an optimal work schedule for them.

Drawing up an internal regulatory act

If it is necessary to divide the working day of a certain specialist into several parts, then this procedure must be correctly formalized 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.

The following information must be included in this regulatory act:

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

This documentation is approved by the head of the company's HR department. Additionally, the act is submitted to the trade union for study. Trade union representatives may make various adjustments to this document.

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

Formation of an additional agreement

Dividing 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 correctly prepare such adjustments. To do this, an additional agreement to the employment contract is drawn up with each employee for whom the work schedule is changed.

This agreement certainly states that the citizen is transferred to a split work shift. To do this, the head of the company issues a corresponding 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 is set between different parts of one shift by the head of the company;
• permission to split shifts from the trade union must be obtained in advance;
• The company certainly issues an internal act, on the basis of which the employees’ working time is divided into several parts;
• the employer must ensure that the rights and interests of the company's employees are fully respected.

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

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

Paid and unpaid periods

The employer can determine for himself what the internal regulations of his employees will be. Therefore, a work shift can be divided into different numbers of parts. By law, only periods intended for rest and food can be paid by management, and in other situations no payment is provided.

Based on Art. 108 of the Labor Code indicates that all people must have a break for food. It can be set at any time during the shift, with a minimum duration of 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 comfortable rest.

If working hours are split for existing employees, employers often provide additional payments to reduce the negative consequences of such changes. Tax is paid on them and funds are transferred to various funds.

How is the job paid?

A split work shift has some pay features. Therefore, the head of the company takes into account the following nuances:

• long breaks between individual 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 that citizens experience, an additional payment for separation is required;
• on the basis of Art. 149 of the Labor Code, the amount of such compensation is determined by the immediate manager of the company, for which the provisions of the employment contract and additional agreement, as well as regulations of the company and the state are taken into account;
• these payments cannot be part of the salary, since they are considered exclusively compensation.

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

What documents are drawn up?

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

• Internal regulations. The rules for its preparation are given in Art. 22 and art. 105 Labor Code of the Russian Federation. With its help, it is possible to make the necessary changes to the employment contract of company employees. It specifies the exact conditions, terms and numbers on the basis of which the working day is divided. The number of divisions, the exact time and duration of breaks, as well as the amount of additional payment, if assigned by the director, are given.
• Permission from the trade union. It is drawn up within 5 days after receiving the approximate regulatory act, on the basis of which changes will be made to the employees’ employment contract. 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.
• Schedule for dividing the working day into parts. Based on this document, all employees for whom changes are made become familiar with the mode of their future work. Usually a schedule is drawn up for the entire company, and during the formation of this document it is important to use examples. Dividing the working day into parts should not affect the rights and interests of employees.
• Additional agreement to employment contracts. Since dividing a work shift leads to a significant change in working conditions, such adjustments are certainly officially recorded. For this purpose, an additional agreement is drawn up with each employee. It indicates into which parts the shift is divided, what additional payment is assigned for this, and also specifies other significant conditions.

The absence of even one of the above documents is the basis for the forced cancellation of the decision of the company management by the labor inspectorate or 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 from the trade union is not sought. 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;
• appealing to trade union representatives so that they can influence the employer using various methods or contact government organizations on behalf of employees;
• filing a claim in court, and the court has the right not only to cancel the decision made by the employer, but even to recover compensation for moral damage from him.

If each employee understands his rights and responsibilities, he will be able to defend his interests in court or when contacting government supervisory institutions.

Conclusion

Many workers require their work shift to be divided into several parts. The process must be formalized with the simultaneous preparation of various official documents.

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

Dividing the working day into parts (Orlova E.)

Article posted date: 11/16/2015

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

Most often, a split working day is introduced in public utilities and operational services, in communications, transport, civil aviation, livestock farming, etc. We will tell you what features must be taken into account when establishing such an unconventional working time regime, documenting it and paying workers whose working time is divided into parts.

The procedure for establishing a regime for dividing the working day into parts

Dividing 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). In practice, it is usually called a "fragmented", "divided", "broken" or "discontinuous" workday.

Reasons for establishing such a regime

Dividing the working day into parts is possible subject to the following conditions (Article 105 of the Labor Code of the Russian Federation):
- when performing work where this is necessary due to the special nature of the work;
- when carrying out work, the intensity of which is not the same throughout the working day (shift);
- the procedure and conditions for dividing the working day into parts must 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 there is one 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 work may be associated with the inability to perform work duties during the working day. In particular, it is extremely difficult to clean office premises in the presence of employees, and therefore the cleaning workday may 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 norms of Art. 105 of the Labor Code of the Russian Federation, the employer must study the need and reasons for introducing this working time regime, the possibilities and methods of recording working time in this regime.

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 (the grounds for introducing such a work regime, 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 individual 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 food, or a so-called lunch break, which is regulated by Art. 108 Labor Code of the Russian Federation. Based on this, in practice it is concluded that if a 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 Labor Code of the Russian Federation.
This conclusion is confirmed by a number of regulatory legal acts at the federal level, which establish the specifics 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 working hours, regulated by different rules.

Unpaid breaks between parts of the working day

Break time during working hours is not included and is 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 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 equal parts with a break of more than two hours. At the same time, for certain categories of workers, the components of the regime of dividing the working day into parts are established by industry regulations, as well as industry agreements. For example:
- for crew members of civil aviation aircraft (clauses 29 - 33 of the Regulations on the peculiarities of working hours and rest time 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 working hours and rest time for tram and trolleybus drivers, approved by Order of the Ministry of Transport of Russia dated October 18, 2005 N 127);
- for bus drivers working on regular city, suburban and intercity bus routes (clause 13 of the Regulations on the peculiarities of working hours and rest time for car drivers, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15);
- for railway transport workers working as specialists servicing service and special cars (clause 38 of the Regulations on the peculiarities of working hours and rest time, working conditions for certain categories of railway transport workers directly related to the movement of trains, approved by the Order of the Ministry of Railways of Russia dated 05.03 .2004 N 7);
- for metro workers directly related to passenger service, as well as during work, the intensity of which is not the same throughout the working day (shift) (clause 17 of the Regulations on the specifics of working hours and rest time for metro workers, approved by the Order of the Ministry of Transport of Russia dated 08.06 .2005 N 63);
- for employees of educational institutions with round-the-clock presence of students (clause 3.3 of the Regulations on the peculiarities of working hours and rest time for teaching 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 communication workers (Appendix 3 to the Regulations on the peculiarities of working hours and rest time for communication workers with a special nature of work, approved by Order of the Ministry of Communications of Russia dated September 8, 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 organizations of Spetsstroy of Russia (clause 7.14 of the Industry Agreement on organizations of the Federal Agency for Special Construction for 2014 - 2016, approved by the All-Russian Trade Union of Special Construction Workers of Russia, Spetsstroy of Russia on November 19, 2013);
- for employees of ground urban electric transport organizations (clause 3.2 of the Industry Agreement on ground urban electric transport organizations of the Russian Federation for 2015 - 2017, approved by the Council of the All-Russian Industrial Association of Employers "City Electric Transport", the All-Russian Trade Union of Essential Workers on November 20, 2014).
Remember also that the specifics of working time and rest time, working conditions for certain categories of workers, whose work is directly related to the movement of vehicles, are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of transport, taking into account opinions of the relevant all-Russian trade union and all-Russian association of employers. These features cannot worsen the situation 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 industry regulations and agreements, their provisions must be taken into account when developing the employer’s local regulations.
At the same time, the presence of normatively established lists of professions and positions of workers, for which the division of the working day into parts can be established, does not exclude the possibility of applying this working time regime to employees whose professions and positions are not reflected in the specified lists. However, there must be reasons for this (the organization carries out work in which division is necessary due to the special nature of the work, or work, the intensity of which is not the same during the working day (shift)) and the procedure for introducing the regime 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 of dividing the working day into parts, however, if employees do not agree with such an introduction, they can file a complaint against the employer’s actions with the labor dispute commission (if there is one in the company), or the state labor inspectorate or to court.

Break for rest and food

Employees whose working day is divided into parts must, just like other employees, be given 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. (Decision of the Supreme Court of the Komi Republic dated June 25, 2012 N 33-2603AP/2012).
The time provided for rest and nutrition can be used in any part of the working day, the main thing is that it is at least 30 minutes and no 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 food 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).

Additional payment for dividing the working day into parts

Splitting the workday into parts creates inconvenience for workers who are forced to leave the workplace and then return to work. This is compensated by establishing additional payments to employees performing a labor function with a given working time schedule.
When performing work under conditions that deviate from normal conditions, the employee is paid accordingly. These conditions include, among other things, the regime of dividing the working day into parts. These payments may be provided for by law, collective agreement, agreements, local regulations, employment contract (Article 149 of the Labor Code of the Russian Federation). These payments are classified as compensation and are not taken into account in the amount of the salary (Decision of the Supreme Court of the Komi Republic dated January 13, 2011 N 33-8/2011). For example:
- for women (regardless of their place of residence) working in rural areas, where, due to working conditions, the working day is divided into parts (with a break of more than 2 hours), wages are increased by 30% (clause 1.7 of the Resolution of the Supreme Council of the RSFSR dated 01.11.1990 N 298/3-1, Letter of the State Committee for Economics 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 in the housing and communal services sector, the sphere of consumer services and artisans, an additional payment has been introduced for work according to a schedule with the shift divided into parts - in the amount of at least 30% of the tariff rate for the time worked in the shift (clause "z" 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 "Union of Public Utility Enterprises", the All-Russian Trade Union of Essential Workers 09.09.2013, paragraph "g" clause 2.8.2; Industry agreement on organizations in the sphere of public services for the population and artisans for 2014 - 2016, approved by the Russian Association of Employers in the sphere of public services for the population and artisans "Rosbytsoyuz", the All-Russian Trade Union of Essential Workers on November 15, 2013);
- for heads of structural divisions of railways, structural divisions of railway departments and separate structural divisions when working with a 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 actually worked time (clause 4.4 of the Regulations on remuneration of employees of branches of JSC Russian Railways, approved by the Decision of the Board of JSC Russian Railways dated 04/15/2004, Minutes No. 8 (Letter of JSC Russian Railways dated 05/05/2004 N FA-4049 )).
If the division of the working day into parts is provided for by an industry agreement, then the employer’s local regulatory act is developed taking into account the requirements of the relevant provisions. At the same time, the employer does not have the right to establish a smaller amount of additional payment than that provided for by the industry regulatory legal act or industry agreement to which he has joined.
In practice, not all employers provide additional payment to employees for dividing the working day into parts, mistakenly believing that the amount of such additional payment for all categories of employees is not determined by law.
If the employer’s local regulations do not establish an additional payment for dividing the working day into parts, the employee can file a complaint with the State Labor Inspectorate to protect his rights. Having considered the complaint, the State Labor Inspectorate may issue an order to eliminate violations of labor legislation, which are binding on the employer (Article 356, paragraph 6, part 1, Article 357 of the Labor Code of the Russian Federation). Based on the results of the inspection, the employer may be held administratively liable for violating labor laws. Officials face an administrative fine of 1,000 rubles or more. up to 5,000 rubles, legal entities - from 30,000 rubles. up to 50,000 rub. (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

Additional payments 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 labor law norms, collective agreements, agreements, local regulations, employment contracts:
- are taken into account for profit tax purposes 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 clause 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 a 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);
- are subject to personal income tax on the basis of clause 1 of Art. 209, paragraph 1, art. 210 Tax Code of the Russian Federation;
- are subject to insurance premiums to the Pension Fund of the Russian Federation, the Federal Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, as well as insurance premiums for industrial accidents and occupational diseases in accordance with Part 1 of Art. 7 of the Federal Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund” and Part 1 of Art. 20.1 of the Federal Law of July 24, 1998 N 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases."

Documenting

The procedure for introducing a regime of dividing the working day into parts includes the following algorithm of actions of the employer.
Step 1. We are developing 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, a regulation on the company’s working hours).
In such a document you must indicate the following information:
- categories, professions and positions of workers for whom a division of the working day is introduced;
- number of parts of the working day;
- duration, start and end times of each part of the working day;
- the number and duration of unpaid breaks during the working day;
- duration, start and end times of breaks for rest and food;
- the date from which the division of the working day into parts is introduced;
- the period during which this regime is in effect, that is, the date from which the division of the working day into parts is introduced, and the duration 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 obtain a reasoned opinion from the elected body of the primary trade union organization (if there is one).
If a trade union committee has been created in the company, then the local normative act (hereinafter - LNA) is adopted taking into account its opinion (Article 105, 372 of the Labor Code of the Russian Federation).
Step 2.1. We send a covering letter and a draft local regulatory act to the trade union committee.
It is advisable to send a local regulatory act to the trade union committee together with a covering letter. The content of the cover letter must state the reasons for approving the regime of dividing the working day into parts and request the trade union committee to issue a reasoned opinion.
It is important to record the fact that the trade union committee has received a 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 receive the motivated opinion of the trade union committee.
The trade union committee must send the employer a reasoned opinion (in writing) on ​​the draft local regulatory act no later than 5 working days from the date of its receipt. If the trade union committee has not sent a reasoned opinion in writing to the employer within the prescribed period or has submitted 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 as presented, then after its receipt, 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 has been taken into account (minutes dated “__” _______ 2015 N __)” , and the local regulatory act itself is approved by the head of the organization.
Step 2.3.2. If a written reasoned opinion does not contain consent to approve the local normative act as 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 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 approve the local regulatory act as 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 that the parties have not reached agreement on the disagreements that have arisen.
After drawing up the protocol, the employer approves the local regulatory act and makes a note that the opinion of the trade union committee has been taken into account. Taking into account the opinion of the trade union committee does not mean agreeing with it on a local regulatory act. The employer has the right to listen to the reasoned opinion of the trade union committee or resolve the issue at his own discretion and approve a local regulatory act in the form in which he considers appropriate.
Step 3. We approve the local regulatory act.
A local regulatory act that 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 the stamp “I approve” in the upper right corner of the title page of the local regulatory act, the title 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 Resolution of the State Standard of Russia dated 03.03.2003 N 65-st);
- or by issuing an order for the organization putting this document into effect (indicating the specific date of implementation, 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 a local normative act, in its upper left corner it is necessary to record: “The opinion of the trade union committee has been taken into account (minutes of “__” _______ 2015 N __)” or “There is no elected body of the primary trade union organization.”
Step 4. We introduce workers whose working day is divided into parts with the local regulations.
The employer must familiarize the employees for whom such a regime has been introduced with the local regulatory act introducing the regime of dividing the working day into parts, upon signature, both when hiring (before signing the employment contract), and in the event of relevant changes being made to it (para. 10, part 2, article 22, part 3, article 68 of the Labor Code of the Russian Federation). If an employee fails to comply with such a working time regime, it is the employer’s failure to familiarize him with such a local regulatory act that releases the employee from liability.
Step 5. We conclude an additional agreement with the employee to the employment contract on dividing his working day into parts.
The regime 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 mandatory conditions 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 a regime 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 the additional agreement to the employment contract, it is necessary to provide conditions for a new regime for dividing the working day into parts, rest time and additional payment for such a regime.
In relation to newly hired employees whose working day is divided into parts, the specified conditions associated with the establishment of a regime for dividing the working day into parts will initially be included in the text of the employment contract upon its conclusion.

6. During working hours, the driver must perform his job duties in accordance with the terms of the employment contract, the internal labor regulations of the organization and the work schedule (shift).

7. Normal working hours for drivers cannot exceed 40 hours per week.

For drivers working on a five-day work week with two days off, the normal duration of daily work (shift) cannot exceed 8 hours, and for drivers working on a six-day work week with one day off - 7 hours.

8. In cases where, due to production (work) conditions, the established normal daily or weekly working time cannot be observed, drivers are provided with a summarized recording of working time with a recording period of one month. The duration of the accounting period can be increased to three months in agreement with the elected body of the primary trade union organization, and in its absence - with another representative body of workers.

For the transportation of passengers in resort areas in the summer-autumn period and for other transportation associated with servicing seasonal work, the accounting period can be set to last up to 6 months.

The duration of working hours during the accounting period should not exceed the normal number of working hours.

Summarized recording of working time is introduced by the employer, taking into account the opinion of the representative body of employees.

10. In the case when, when carrying out intercity transportation, the driver must be given the opportunity to get to the appropriate place of rest, the duration of daily work (shift) can be increased to 12 hours, provided that the driving time provided for in paragraphs 16 and these Regulations is not exceeded.

(see text in the previous edition)

If the driver's stay in the car is expected to last more than 12 hours, two or more drivers are sent on the trip. In this case, the car must be equipped with a sleeping place for the driver to rest.

(see text in the previous edition)

11. When recording cumulative working hours for drivers working on regular city and suburban bus routes, the duration of daily work (shift) can be increased by the employer to 12 hours in agreement with the representative body of workers.

12. Drivers carrying out transportation for healthcare institutions, public utility organizations, telegraph, telephone and postal communications, broadcasters of all-Russian compulsory public television channels and radio channels, a communications operator carrying out on-air digital terrestrial broadcast of all-Russian compulsory public television channels and radio channels, emergency services, technological (in-facility , intra-factory and intra-quarry) transportation without access to public roads, city streets and other populated areas, transportation in official cars when servicing state authorities and local governments, heads of organizations, as well as transportation in cash-in-transit vehicles, duration of daily work ( shift) can be increased to 12 hours if the total duration of driving during the period of daily work (shift) does not exceed 9 hours.

(see text in the previous edition)

13. For bus drivers working on regular city and suburban bus routes, with their consent, the working day 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 representative body of employees.

If a break is established between two parts of the working day later than four hours after the start of the working day, bus drivers working on regular city and suburban bus routes are provided with special breaks to rest from driving while driving, lasting at least 15 minutes in the period before the break is provided between two parts of the working day.

The duration of the break between two parts of the working day should be no more than two hours, excluding time for rest and food, and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by paragraphs 7, , and these Regulations.

The break time between two parts of the working day for drivers working on regular city and suburban bus routes can be increased to three hours on the basis of an industry agreement concluded at the regional social partnership level, local regulations of the employer and with the consent of the driver.

A break between two parts of a shift is provided in places provided for by the traffic schedule and providing the driver with the opportunity to use rest time at his own discretion.

The break time between two parts of a shift is not included in working hours.

(see text in the previous edition)

13.1 For drivers carrying out transportation in official passenger cars when servicing officials of federal government bodies or government bodies of constituent entities of the Russian Federation with personal assignment to these persons of such cars with a crew, with their consent, the working day (shift) can be divided into two or more parts. If the driver’s consent is obtained to divide the working day (shift), such division is made by the employer on the basis of a local regulatory act adopted in agreement with the elected body of the primary trade union organization, and in its absence - with another representative body of workers.

The break between the two parts of the working day is established no later than five hours after the start of work.

When dividing a working day (shift) into two or more parts, one of the breaks must be at least two hours, and the total time of breaks between parts of the working day (shift) cannot exceed 5 hours.

A break between parts of a shift is provided in places provided for by the traffic schedule or work schedule and providing the driver with the opportunity to use rest time at his own discretion.

Break time between parts of a shift is not included in working hours.

When applying the norms of this paragraph when regulating the work and rest regime of drivers, the conditions of remuneration for drivers carrying out transportation in official passenger cars when servicing officials of federal government bodies or government bodies of constituent entities of the Russian Federation cannot be worsened.

14. Drivers of passenger cars (except taxis), as well as drivers of expedition vehicles and survey parties engaged in geological exploration, topographic-geodetic and survey work in the field, may have an irregular working day.

The decision to establish an irregular working day is made by the employer, taking into account the opinion of the representative body of the organization’s employees.

The number and duration of work shifts according to work schedules (shifts) with irregular working hours are established based on the normal length of the working week, and weekly rest days are provided on a general basis.

15. The driver’s working time consists of the following periods:

a) driving time;

b) time of special breaks for rest from driving on the way and at final destinations;

c) preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for intercity transportation - for performing work at the turnaround point or on the way (at a parking place) before the start and after the end of the shift;

D) the time of the driver’s medical examination before leaving the line (pre-trip) and after returning from the line (post-trip), as well as the time of travel from the workplace to the place of the medical examination and back;

(see text in the previous edition)

e) parking time at loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;

e) downtime not due to the driver’s fault;

g) the time of work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;

h) the time of protection of cargo and vehicle during parking at final and intermediate points during intercity transportation if such duties are provided for in the employment agreement (contract) concluded with the driver;

i) the time the driver is present at the workplace when he is not driving a car, when two or more drivers are sent on a trip;

(see text in the previous edition)

j) time in other cases provided for by the legislation of the Russian Federation.

16. Driving time (subparagraph "a" of paragraph 15 of the Regulations) during the period of daily work (shift) cannot exceed 9 hours (except for the cases provided for in paragraphs 17 of the Regulations), and in mountainous areas when transporting passengers by oversized buses length over 9.5 meters and when transporting heavy, long and large cargo cannot exceed 8 hours.

17. With cumulative accounting of working hours, the time spent driving a car during a period of daily work (shift) can be increased to 10 hours, but no more than twice a week. In this case, the total duration of driving a car for a week cannot exceed 56 hours and for two weeks in a row - 90 hours (a week is considered the period from 00 hours 00 minutes 00 seconds of Monday to 24 hours 00 minutes 00 seconds of Sunday).

(see text in the previous edition)

18. In the case of summarized recording of working time for bus drivers carrying out transportation in urban and suburban traffic, it is allowed to introduce summarized recording of driving time.

(see text in the previous edition)

19. No later than after four hours of driving, the driver is obliged to take a special break to rest from driving a car on the road (subparagraph “b” of paragraph 15 of the Regulations) lasting at least 15 minutes; in the future, breaks of this duration are provided no more than every 2 hours. In the case when the time for providing a special break coincides with the time for providing a break for rest and food

The driver release nurse 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 register her work schedule in PVTR? This is part-time working 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 start and end of work for each part?

Answer

Article 105 of the Labor Code of the Russian Federation regulates dividing the working day into parts. established that 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 working time does not exceed the established duration of daily work. This division of the working day 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. As a general rule, the norm of daily work hours (working day, work shift) is distributed so that it is worked by the employee with one break for lunch and rest lasting no more than two hours. Article 105 of the Labor Code of the Russian Federation allows an exception to this rule, according to which the working day can be divided into parts (fragmented working day) in the manner prescribed by the local regulatory legal act. At the same time, the total duration of daily work should not exceed the duration established by law and the shift schedule.

A split workday is introduced when the need for intensive work increases during peak hours and decreases in the middle of the workday. Most often, this working hours regime is used in urban transport, in operational services, in communications organizations, etc. As a rule, the introduction of such a regime for an employee involves appropriate monetary compensation.

The local regulatory act that regulates the division of the working day into parts provides for the circle of workers, the duration of the parts into which the working day is divided, and breaks between them.