Split working day. Dividing the working day into parts (Orlova E.)

Dividing the working day into parts is one of the types of working hours.

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

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

The working day can be divided into parts:

  • with a special nature of work;
  • when performing work the intensity of which is not the same throughout the working day (shift).

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

  • for metro workers directly involved in serving passengers, as well as when carrying out work whose intensity varies throughout the working day (shift) - “ ” approved. By Order of the Ministry of Transport of Russia dated 06/08/2005 N 63;
  • for employees of communication departments directly involved in servicing the population - “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 09/08/2003 N 112;
  • 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 on regular city, suburban and intercity bus routes - “ ” approved. By Order of the Ministry of Transport of Russia dated August 20, 2004 N 15;
  • for workers involved in air traffic control of civil aviation vessels, workers of floating personnel of inland river transport vessels - “ ” approved. By Order of the Ministry of Transport of Russia dated November 21, 2005 N 139.

Amount of additional payment for dividing the working day into parts

Currently, the amount of additional payments is not regulated by law. The following categories of employees are excluded:

  • women working in rural areas (if the working day is divided into parts) - increased wages by 30 percent (clause 1.7 of the Resolution of the Supreme Council of the RSFSR dated November 1, 1990 N 298/3-1 based on);
  • employees of a number of housing and communal services organizations, the sphere of consumer services (if the working day is divided into parts) - an additional payment of at least 30% of the tariff rate (clause “and” clause 2.8.2.1 of the “Industrial Tariff Agreement in the Housing and Communal Services of the Russian Federation for 2017 - 2019 years");
  • heads of structural divisions of railways for heads of structural divisions of railways - an additional payment of up to 30% of the tariff rate or salary (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 15.04. 2004).

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

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

Registration of local regulations

When establishing a schedule for certain categories of employees, divided into parts of the working day, the employer must develop and approve an appropriate order (or other local regulation), which must indicate:

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

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

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

The material is accompanied by completed forms in the “Useful Documentation” section on p. 21-23 magazines.

HR employees often encounter non-standard cases of recording working hours. One such case is the arrangement of dividing the working day into parts.

In this material, special attention is paid to the procedure for recording working time for drivers of the organization.

As a general rule, the norm for the duration of daily work must be worked during the working day (shift) with one break for rest and food, not exceeding 2 hours (Article 134 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code)).

The law allows 2 exceptions to this rule:

1) the working day is divided into 2 parts, between which there is one break of more than 2 hours, which includes a break for lunch and rest;

2) 2 or more breaks, including a break
for rest and food, with a total duration of no more than 4 hours.

The question arises: does this maximum apply to the first exception?

Based on the meaning of the first part of Art. 127 of the Labor Code a positive answer cannot be given. Consequently, one break can be more than 4 hours. This corresponds to the specifics of work, for example, urban transport, agricultural organizations, theater.

When dividing the working day into parts, the following requirements must be met:

Break times during the working day, including lunch, are not included in working hours (part two of Article 127 of the Labor Code);

The total duration of working time for each part of the working day should not exceed the established duration of daily work (part one of Article 127 of the Labor Code). In this case, the duration fixed by the work schedule (shift) in accordance with Art. 112-117 Labor Code and local regulations.

There are 2 conditions, the presence of which gives the employer the right to divide the working day into parts (part one of Article 127 of the Labor Code):

1) the special nature of the work;

2) the intensity of work performed during the working day (shift) is not the same.

Under the special nature of labor in Art. 127 of the Labor Code, it is necessary to understand the specifics of production and (or) work that exclude or make economically unfeasible normal, i.e. not divided into parts, working day mode.

More specifically formulated in the Labor Code is the second condition for dividing the working day into parts: the impossibility of ensuring an even workload of workers throughout the working day (shift), caused, for example, by a different flow of buyers, customers, passengers throughout the day.

The legislation does not contain an exhaustive list of conditions (reasons, grounds) for dividing the working day into parts and leaves it open to the employer and the trade union.

In what cases is it advisable to divide the working day into parts?

Dividing the working day into parts is allowed 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) (part one of Article 127 of the Labor Code).

This operating mode is typical for communications, trade, culture, public catering organizations, rural business enterprises, etc. The working day in them is divided into parts mainly due to the impossibility of ensuring uniform employment of an employee or employees throughout the entire working day, and the uneven workload of the working day (shift).

There is no limit on the number of parts into which a working day can be divided. However, it is determined that the working day can be divided into separate parts:

With a break (one) exceeding 2 hours;

With two or more breaks with a total duration of no more than 4 hours.

Example 1

Employee Ivanov I.I. A working time schedule has been established with the division of the working day into parts:

working hours - from 08:00 to 12:00, from 16:00 to 20:00;

break - from 12:00 to 16:00.

The corresponding break time is not included in working hours and is therefore not subject to payment. In this case, the total working time should not exceed the established duration of daily work.

The specifics of dividing the working day into parts for some employees may be provided for by regulatory legal acts.

Example 2

Livestock workers may have a working day divided into no more than 3 parts, between which breaks of at least 2 hours are provided, including a break for rest and food (part three of Article 317 of the Labor Code).

In this case, the total working time should not exceed the duration of daily work for this category of workers.

Compensation for dividing the working day into parts

As a rule, a working time regime with the division of the working day into separate parts with a break in work of more than 2 hours is considered inconvenient for workers, therefore, if it is introduced at the initiative of the employer, then additional payment is established for employees for working in this mode.

The amount of additional payments that can be established for employees of organizations financed from the budget and receiving government subsidies is provided for in subparagraph. 2.6 clause 2 of Appendix 1 to Resolution of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 No. 6 “On measures to improve the conditions of payment for employees of organizations financed from the budget and using state subsidies” - up to 50% of the tariff rate of the 1st category per month.

THIS IS IMPORTANT! The lists of professions and positions of employees for whom the specified additional payments can be established are approved in each organization independently.

The list of professions and positions of employees of healthcare organizations for which additional payments may be established in connection with the introduction, by decision of the employer, agreed with the trade union, of a working day with the division of the shift into separate parts with a break in work of more than two hours, was approved by Resolution of the Ministry of Health of the Republic of Belarus dated October 19, 2006 No. 90 (according to the editors, this list is planned to be canceled).

THIS IS IMPORTANT! If such a working time regime is introduced at the initiative of the employee, then no additional payment is established.

The procedure for establishing the division of the working day into parts

The decision to divide the working day into parts is made by the employer in agreement with the trade union (if there is one) (part three
Art. 127 TK).

In particular, a list of professions and positions of workers for whom, by decision of the employer, agreed with the trade union, a working day is established with a division into parts, may be contained as one of the annexes to the collective agreement or internal labor regulations. It also determines the duration of the parts into which the working day is divided, the duration of breaks, etc.

When hiring for a relevant profession (position), a condition related to the establishment of a working hours regime with the division of the working day into parts must be included in the employment agreement (contract) with the employee.

Since the work schedule is an essential working condition, the establishment of a working time schedule with the division of the working day into parts at the initiative of the employer in the course of work must be carried out in connection with justified production, organizational, economic reasons, of which the employee must be notified in writing at least 1 day in advance. month (Article 32 of the Labor Code). If such a working time schedule has not previously been agreed upon with the trade union for the position (profession) held by the employee, the decision to establish it must be agreed upon with the trade union.

For an example of a notice about establishing a working hours regime with a division of the working day into parts, see the “Useful Documentation” section on p. 21 magazines.

If you refuse to continue working due to a change in essential working conditions, the employment agreement (contract) is terminated under clause 5 of part two of Art. 35 TK. In this case, the employee is paid severance pay in the amount of at least 2 weeks of average earnings (part two of Article 48 of the Labor Code).

If the employee agrees to the establishment of a working time regime with the division of the working day into parts, then a corresponding order is issued, which indicates the start and end time of each part of the working time, the start and end time of breaks, including a break for rest and food, and indicates the amount of additional payments (if establishing a surcharge).

For a sample order establishing a working time schedule with a division of the working day into parts, see the “Useful Documentation” section on p. 22 magazines.

Corresponding changes are made to the employment agreement (contract). A work schedule is drawn up for the employee.

For a sample additional agreement to the contract establishing the division of the working day into parts, see the “Useful Documentation” section on p. 22 magazines.

Accounting for working time when dividing the working day into parts

The working time sheet indicates the total number of hours actually worked, which must correspond to the established duration of daily work. In other words, if the working day is 7 hours, then regardless of the division into parts, the working time should also be 7 hours.

For a sample work schedule when dividing the working day into parts, see the “Useful Documentation” section on p. 23 magazines.

Application in practice of dividing the working day into parts for car drivers

The practical application of dividing the working day into parts for car drivers is regulated by Art. 127 of the Labor Code and the Regulations on working time and rest time for car drivers, approved by Resolution of the Ministry of Transport of the Republic of Belarus dated November 25, 2010 No. 82.

For car drivers, a working day may be introduced, divided into parts.

Between separate parts of the working day, either one break for rest and food is possible for more than 2 hours, but not more than 4 hours, or 2 breaks or more, including a break for rest and food, with a total duration of no more than 4 hours.

In this case, the total working time should not exceed the duration of daily work established by the work schedule (shift).

Break times between parts of the working day are not included in working hours.

A break between two parts of the working day is provided in a place designated for parking a car and equipped for rest for the driver of the car.

The decision to divide the working day into parts is made by the employer in agreement with the trade union (if there is one).

The basis for introducing such a division is the employment of car drivers in work, the intensity of which is not the same during the working day (shift), for example, bus drivers of commercial construction and installation organizations, commercial forestry organizations and others engaged in transporting essential workers to the location of work sites and back.

In the event that the driver of the car during working hours (shift) is not completely loaded with the main work, he may be additionally assigned other work that is close to his qualifications, specialty, or does not require his additional training. The assignment of additional work to the car driver is formalized by another written employment agreement (contract).

When dividing the working day into parts, the work of a car driver can be organized according to 2 options, most used in practice:

1) the car driver’s working day is divided into parts, and during the intra-shift break the driver does not perform any other work;

2) the car driver’s working day is divided into parts, and during the intra-shift break the driver performs other additional work.

Remuneration for car drivers when dividing the working day into parts is carried out in accordance with the regulations in force in the organization.

Options for organizing the work of drivers

Let's consider the organization and remuneration of car drivers according to the indicated options.

OptionI

In this case, work as a car driver is characterized by significant unevenness throughout the working day.

In this case, the work schedule (shift) can be drawn up with 2 trips to work. The total duration of an intra-shift break, including a break for rest and food, will range from 2 hours to 4 hours. The total duration of working time (shift) should not exceed the established duration of daily work.

The intra-shift break time is the personal time of the car driver, which he uses for his personal purposes, at his own discretion, being either on the territory of the organization or outside it. In this case, remuneration is carried out according to the remuneration system established in the organization for him. In addition, he may be paid additionally for dividing the working day into parts, if it is provided for by the local regulatory legal acts of the organization (collective agreement, regulations, etc.).

Example 3

In a commercial organization, the driver of a vehicle (a general purpose van with a carrying capacity of 7 tons) transports goods. During the working day, transportation is carried out unevenly, mainly from 05:00 to 09:00 and then after 13:00. The employer, in agreement with the trade union, has established a working day divided into parts with 2 days off to work.

Daily working hours are 8 hours with a 5-day working week. Days off are Saturday and Sunday. Daily working time recording. Remuneration is carried out according to a time-bonus system.

The tariff rate of the 1st category in an organization is RUB 500,000. The multiple of the tariff rate of the 1st category is 2.36. The car driver is given an additional payment for dividing the working day into parts in the amount of 50% of his tariff rate; a bonus for completing a task in the amount of 50% also of his tariff rate.

In this case, the work schedule (shift) of the car driver in August 2012 can be drawn up as follows:

Days of the month

Duration of work

Days of the month

Duration of work

where B is a day off; 4/4 - duration of working hours of parts of a working day (shift), hours.

Start of the working day (shift): 1st part -
05:00, 2nd part - 13:00.

End of the working day (shift): 1st part - 09:00, 2nd part - 17:00.

Daily working hours are 8 hours.

Intra-shift break - from 9:00 to 13:00; its duration is 4 hours, incl. for rest and food - 1 hour.

When a car driver works during August 2012, according to the above schedule, the time he actually worked will be 176 hours. In this case, his salary will be equal to 2,360,000 rubles. (500,000´ 2,36 + 500 000 ´ 2,36 / 50 / 100 + 5 200 000 ´ 2,36 ´ 50 / 100).

OptionII

It can be used in cases where the driver of the car during the working day is not fully loaded with his main job: for example, he transports the main workers to the location of the work sites and back.

In this case, the work schedule (shift) of the car driver can also be drawn up with 2 trips to work. The total duration of intra-shift breaks, including breaks for rest and food, will range from 2 hours to 4 hours. The total duration of working time (shift) should not exceed the established duration of daily work. During an intra-shift break, the car driver can perform other work that does not require retraining or additional training.

THIS IS IMPORTANT! The performance of this work is formalized by another employment contract.

In this case, the car driver is paid according to the wage system established in the organization separately for work as a car driver and for performing other work. Working hours are recorded separately. In this case, it is not advisable to establish an additional payment for dividing the working day into parts.

Example 4

In an organization whose main activity is logging, the bus driver (overall length of the bus is 7.5 m) transports the main workers to the location of the work sites and back.

The employer, in agreement with the trade union, has established a working day divided into parts with 2 days off to work.

The daily working hours when working as a car driver are 5 hours with a 5-day working week. During an intra-shift break, the driver of the car works as an auxiliary worker at logging sites of the 2nd category. Days off are Saturday and Sunday. Daily working time recording.

Remuneration is carried out according to a simple time-based system according to the profession of both a car driver and an auxiliary worker in logging. The tariff rate for the 1st category in an organization is RUB 500,000. The multiple of the tariff rate of the 1st category is 2.63. There is no additional payment for dividing the working day into parts.

In this case, the driver’s work (shift) schedule in August 2012 can be drawn up as follows:

Days of the month

Days of the month

Duration of work as a car driver

Duration of work as a laborer in logging

where B is a day off; 2/3 - duration of working hours of parts of a working day (shift), hours.

Start of the working day (shift) as a car driver: 1st part - 07:00, 2nd part - 13:00.

End of the working day (shift) as a car driver: 1st part - 09:00, 2nd part - 16:00.

Daily working hours as a car driver are 5 hours.

The daily working time as an auxiliary worker in logging is 3 hours (from 09:00 to 12:00).

The intra-shift break is from 09:00 to 13:00, its duration is 4 hours, incl. for rest and food from 12:00 to 13:00 - 1 hour.

In this case, when working as a bus driver during August 2012, according to the above schedule, the time actually worked by him will be: as a car driver - 110 hours, as an auxiliary worker in logging - 66 hours.

Alexander Shkel , economist

It is allowed to divide the working day into parts by the employer in situations where:

  • work in an organization or enterprise is of a special nature, for example, work in educational institutions where students stay around the clock;
  • There is a different intensity of work throughout the working day. A similar feature is typical for transport structures.

At the same time, it is not allowed for the total duration of working time to exceed the prescribed duration of daily work.

The legislator attributed the right to establish such an operating regime by order, as well as to regulate all other issues that relate to the establishment of the regime, to the sphere of local regulation. A local regulatory document, including the corresponding order, must be adopted taking into account the opinion of the authorized representative of the primary trade union cell.

What parts is the working day divided into?

The division of the working day into parts is carried out regarding certain categories of workers in regulations adopted at the ministerial level. For example, regarding bus drivers who are assigned to regular routes (these include urban, suburban and intercity), according to the Regulations on the specifics of the work and rest hours of drivers, it is assumed that, with the consent of representatives of this profession, their working day can be divided into 2 parts.

The break between them can occur no later than 4 hours after work begins. The duration of the break cannot exceed 120 minutes, and the total duration of work daily cannot be longer than the duration of daily work.

Additional payment for splitting working hours

When the working day is divided into parts, additional inconveniences arise for employees, which are associated with the need to leave the workplace for a certain period and then return back. This is compensated by additional payments to employees who are forced to perform labor functions in a similar mode.

Compensation may be provided at the level of legislation, collective or labor contracts, agreements, as well as local regulations, including orders. Such payments are not included in the salary. Similar compensation is provided for the following categories:

  • women who work in rural areas, if there is a division of the working day with a break, the duration of which is more than 120 minutes. In this case, an additional payment is made, which is 30% of the salary;
  • for housing and communal services employees, for certain areas of consumer services and artisans, the amount of payments is established, which cannot be less than 30%;
  • heads of railway structural divisions, for whom the amount of additional payment can be no more than 30% of the salary.

If there is a division of the working day provided for by an industry agreement, the provisions of a local regulatory act developed by the employer must be developed in accordance with the provisions of such an agreement.

In this case, the employer does not have the right to determine the level of additional payment lower than that provided for in the industry agreement. If a local regulatory act does not provide for additional payment for dividing working time into parts, the worker has the right to contact the state labor inspectorate to protect his rights.

In what cases is it necessary to split the working day?

Orders and other normative documents define professions and positions for which a split working day can be established. For example, the Order of the Ministry of Communications defines the following list of professions:

  • head of the communications department, belonging to groups 5-7;
  • operator for receiving/issuing items, including telegrams;
  • the operator who is responsible for postal delivery;
  • postman;
  • parcel sorter;
  • station equipment electrician;
  • telephone operator of a call center or help desk, etc.

The possibility of dividing working hours is provided for drivers by the Regulations on the peculiarities of the working hours of drivers. Similar provisions provide for the division of working time for:

  • metro employees, namely, employees who are directly related to accompanying and servicing passengers;
  • teachers and other specialists from educational institutions (for example, boarding schools), which provide for round-the-clock stay of pupils or students.

Question and answer

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Payment for split working hours

I work in a municipal kindergarten. According to the employment contract, junior teachers have a broken working day (from 13 to 15 the so-called lunch). But we are not paid extra for such working conditions. Is this legal?

Nina Alexandrovna 20.08.2019 08:24

Good afternoon There are no violations. According to Art. 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 working time does not exceed the established one duration of daily work. Such 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. According to Art. 108 of the Labor Code of the Russian Federation, during the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours. Internal labor regulations or an employment contract may provide that the specified break may not be provided to an employee if the duration of daily work (shift) established for him does not exceed four hours.

Andriyanov Maxim Nikolaevich 20.08.2019 13:19

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I completely agree with my colleague.

21.08.2019 13:33

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Breaking working day for a speech therapist teacher

Good afternoon I work as a speech therapist at a speech center in a kindergarten. Officials from the education department announced the introduction of broken working hours for speech therapists in the city, citing the fact that we (speech therapists) are violating the child’s rights to receive an education. How valid are such decisions?

Irina 03/19/2019 17:34

Split working day

Hello, I work in communications at a crossroads as an electrician, female shift from 9 to 21, so that there is no overtime, lunch is two hours or two hours at a time, at my discretion, this can be considered a split shift, two after two

Irina 07/11/2018 10:49

Good afternoon 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). 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 (Article 108 of the 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 to establish it, the conditions described above must be observed.

Fedorova Lyubov Petrovna 23.08.2018 14:06

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Yes, indeed, if these conditions are met, then you can consider the working day divided

Dubrovina Svetlana Borisovna 24.08.2018 13:29

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New edition of Art. 105 Labor Code of the Russian Federation

In those jobs where this is necessary due to the special nature of the work, as well as when performing work, the intensity of which is not the same throughout 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 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.

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 this is necessary due to the special nature of the work, as well as when performing work, the intensity of which is not the same throughout 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 serving the population (for example, in urban passenger transport, in communications and trade organizations). In this case, the total working time should not exceed the established duration of daily work. This 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 law 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 establish 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 basic earnings (Article 114 of the Labor Code of the Russian Federation).

Another comment on Art. 105 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 a work regime with the division of the working day into parts, and the procedure for introducing such a regime.

2. The conditions for applying the work regime with the division of the working day into parts are the special nature of the work or the performance of work, the intensity of which is not the same during the working day (shift). Schedules dividing 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 regulatory act on the introduction of a 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 a working day (shift) should not exceed the duration of daily work established for employees by internal labor regulations or an employment contract.

Dear Lily! Hello! In addition to the views of respected colleagues, please consider the following:

according to Article 135 of the Labor Code of the Russian Federation

The employee’s salary is established by the employment contract in
in accordance with the current payment systems of this employer
labor.
Remuneration systems, including tariff rates and salaries
(official salaries), additional payments and allowances of a compensatory nature, including
for work in conditions deviating from normal, systems of additional payments and allowances
stimulating nature and bonus systems are established by collective
contracts, agreements, local regulations in accordance with
labor legislation and other regulatory legal acts containing
labor law standards.
Russian Tripartite Regulatory Commission
social and labor relations annually before being submitted to the State Duma
of the Federal Assembly of the Russian Federation of the draft federal law on
develops the federal budget for the next financial year and planning period
united
recommendations for establishing at federal, regional and
local levels of remuneration systems for state and municipal employees
institutions. These recommendations are taken into account by the Government of the Russian Federation
Federation, executive authorities of the constituent entities of the Russian Federation and
local government bodies when determining the volume of financial support
activities of state and municipal institutions, including in the field
healthcare, education, science, culture. If the Russian side
the tripartite commission for regulating social and labor relations did not reach
agreements, these recommendations are approved by the Government of the Russian Federation
Federation, and the opinion of the parties to the Russian Tripartite Regulatory Commission
social and labor relations are communicated to the constituent entities of the Russian Federation
Government of the Russian Federation.
(as amended by Federal Laws dated
04/20/2007 N 54-FZ, dated 11/25/2013 N
317-FZ, dated 04/02/2014 N
55-FZ)
Local regulations establishing payment systems
labor, are accepted by the employer taking into account the opinion of the representative body
workers.
The terms of remuneration specified in the employment contract cannot
be deteriorated in comparison with those established by labor legislation and other
regulatory legal acts containing labor law norms, collective
contracts, agreements, local regulations.
The terms of remuneration determined by the collective agreement,
agreements, local regulations, cannot be deteriorated by
comparison with those established by labor legislation and other regulatory
legal acts containing labor law norms.

The normative acts of the USSR you cited are not currently binding due to the multiplicity of forms of ownership and the new Russian legislation (see Articles 423, 424 of the Labor Code of the Russian Federation).

At the same time, your Employer, taking into account the opinions of employees, has the right to establish certain allowances and/or additional payments in one case or another, including when dividing the working day.

Perhaps you and your colleagues should raise this issue through collective bargaining with the Employer.



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