Application for change of working hours. How is flexible working time worked? Flexible work schedule order

Basic principles of using a flexible schedule.

Each organization may have certain specific aspects when organizing the work process or may try to provide its employees with more as a motivating factor. For the convenience of both parties, both employee and employer, the law has created certain regimes in the work schedule.

Flexible work schedule is a form of organization of working time in which, by agreement of the parties, certain time frames are established during which the employee is allowed to regulate his working time. This regime applies not only to the entire team in general, but also specifically to certain subordinates on a personal basis.

When working in a flexible schedule, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties (Part 1 of Article 102 of the Labor Code of the Russian Federation).

Main documents regulating the use of flexible working hours:

- Art. 102 of the Labor Code of the Russian Federation;
— Recommendations for the use of flexible working time regimes at enterprises, institutions and organizations in sectors of the national economy (approved by Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12-55 of May 30, 1985);
— Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children (approved by the Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated 06.06.1984 N 170/10-101).

What is flexible working?

Components and types of flexible scheduling:

A fixed number of hours during which a subordinate must be at his workplace;
not a fixed number of hours, at the beginning and end of the shift, when the employee independently determines at what time he should arrive or leave;
the time allotted for a break, as a rule, it is not part of the work shift;
an accounting period during which the employee is obliged to work a certain number of hours previously established by law.

Accounting for working hours when using a flexible schedule

All information regarding the accounting of shifts worked by employees with a flexible schedule is stored in special documents called accounting sheets. According to which, you can track the extent to which a subordinate complies with the established period of working time, and also find out information about his actual hours worked. In accordance with the readings of the accounting sheets, labor reports will be created and wages will be calculated.

Following the current labor legislation, the subordinate must be provided with the development of the total number of shifts during a certain accounting period (day, week, etc. - Part 2 of Article 102 of the Labor Code of the Russian Federation). Provisions of Art. 104 of the Labor Code of the Russian Federation defines the accounting of total working time worked as a summary accounting.

The type of accounting is one of the most important elements that determines the flexible work schedule. It should be recalled once again that only with the agreement of both parties, a method for recording the working hours of an employee who works in such a working mode is determined.

There are a number of ways to record working hours that determine total hours worked:

- regarding each day (the norm must be developed within one working day);
- regarding the week (this occurs if it is not possible to develop a standard within one working day);
- relative to the month (this occurs if it is not possible to develop a standard within one working week).

Legal registration of a flexible work schedule

There are several legislative documents regulating work in a flexible work schedule, but the Labor Code of the Russian Federation remains the main one.
The labor process of workers in this labor regime is regulated by Art. 102 Labor Code of the Russian Federation. All other emerging issues are regulated, namely:

— general collective agreements and agreements;
— local documentation (orders, procedures, instructions);
- traditional employment contracts.

Absolutely every employee of any enterprise, having expressed a desire, can apply for a flexible working schedule.
In case of mutual consent of both parties, the institution establishes a regime in a flexible work schedule, issuing the necessary order to change the working regime of the organization.

Procedure:
— conclude an additional agreement to the employment contract and indicate in it all the essential conditions relating to a flexible schedule;

— issue an order establishing flexible working hours for a specific department or employee. The order must indicate: the full name of one or more employees (if there is a change in the schedule for several employees at once), the date of introduction of the flexible schedule, the accounting period, fixed time, rest time, variable time;

— Familiarize the employee(s) with the order against signature.

There are situations when a subordinate did not express a desire to change the working hours, but management accepted such an order. Then, the employee must receive a written notification of changes in the work schedule for signature, no later than two calendar months before the start of the new work schedule.

It is also possible that the employee simply refuses to work according to the new schedule. In this case, management is obliged to find a similar vacancy in the institution. As a result of the employee’s refusal, he will be dismissed under clause 7, part 1, art. 77 Labor Code of the Russian Federation.

Additional example agreements to the employment contract:

Additional Agreement No. 1

to employment contract No.__________ dated “__” ___________ 20__

CJSC "AAA", hereinafter referred to as the Employer, represented by the General Director _______________, acting on the basis of the Charter, on the one hand, and _______________________, hereinafter referred to as the Employee, on the other hand, in accordance with Art. 102 of the Labor Code of the Russian Federation have entered into this agreement as follows.

1. The Employee and the Employer, who are parties to the employment contract No. ________ dated “__” __________ 20__, came to a mutual agreement to change the working hours.

2. For the period from “__” ___________ 2016 to “__” ___________ 2016 inclusive, the Employee is provided with a flexible working time schedule according to the following schedule: (specify the schedule)

3. Amendments to this agreement are possible only by mutual consent of the Employee and the Employer.

4. This agreement is drawn up in two copies having equal legal force - one for each party.

Flexible schedule examples

Example 1.

The company has a five-day working week and two days off. The total established number of hours that must be worked per week is 40 hours. The employee decided to switch to a flexible work schedule so that he could pick up and drop off his children from kindergarten in the morning and evening. The bosses agreed, stipulating certain points of the new, changed work schedule:

The accounting period will be an eight-hour working day
The employee must be at the workplace from 8:00 to 11:00
The employee is obliged to leave the workplace from 17:00 to 20:00

Consequently, the subordinate’s fixed working hours are from 11:00 to 17:00, during which he undertakes to be present directly at his workplace
1 hour – break (time allotted for eating).

Example 2.

The institution has a “five-day week” and two days off. The total number of hours that must be worked per week is 40 hours. The head of the sales department asked to consider a flexible schedule for his employees. Explaining this by saying that the employees of his department work better after lunch. The employer approved and ordered the appointment of a flexible schedule with the following characteristics:

The accounting period will be a calendar week of 40 hours
From 12:00 to 15:00, employees of the sales department are obliged to come to work
This means that from 15:00 to 19:00 employees of the department work directly
Break for rest and eating - 2 hours.

If we consider the issue of wages with a flexible schedule, then it is worth noting that it remains unchanged. In addition, the transition to work with a flexible work schedule cannot in any way affect the employee’s rights to have all the provided guarantees and social benefits.

By agreement of the parties, the employee may be provided with a flexible work schedule in the employment contract. A sample of documents for transferring to this working hours can be found in this article.

The essence of a flexible schedule and its varieties (sliding or floating)

Currently, the Labor Code of the Russian Federation says practically nothing about the flexible working time regime; it is only allowed to establish it by agreement of the parties.

In addition, the employer is responsible for ensuring that the employee works the required hours.

For a more detailed consideration of the issue, you can refer to Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12-55 of May 30, 1984, which, although no longer in force, contains very detailed instructions on the introduction and organization of a flexible time regime.

Main features of flexible working hours:

The employer sets only approximate working hours or fixes part of the working day.
In his free time, the employee determines his own work schedule. But only within the allotted time.
The employee must work the required number of hours. But at the same time, the reporting period for the summarized calculation of time can be a quarter, a half-year, or a longer period.

From the above we can conclude that a flexible working mode is a mode different from the one established at the enterprise, but agreed upon by the parties. That is, when setting a work schedule, the employee takes into account the time frame established by the employer.

All changes occur in accordance with the general procedure, that is, with warning within a specified period.

Sample application for establishing flexible working hours

Any party can initiate the transition to a flexible schedule. If the initiative comes from the employee, he must state his request in a statement. It is written in free form. There, the employee either indicates the desired form of the work schedule, or offers to discuss all possible ones.

You can download a sample application for establishing flexible working hours.

Sample order establishing flexible working hours

The transition to the flexible time regime is formalized by an appropriate order, which indicates the following information:

Period of transition to flexible working hours, start date and end date, if known.
List of positions (full name) of employees for whom a flexible time regime will be established.
A full description of the established flexible working time regime(s).

When is the contract concluded?

Working hours can be established immediately upon hiring a person, in which case it is included in the text of the contract. If an employee switches to a flexible mode later, then a corresponding document is drawn up.

The procedure for drawing up an employment contract

The employment contract of an employee with a flexible time regime is no different from the one drawn up for other employees. In the column that provides for entering information about working hours, an entry about flexible working hours and its detailed description is made.

Not every organization, due to certain characteristics, can work under the established schedule. In connection with this legislation, flexible working hours are provided. This nuance must be indicated in the employment contract. Let's look at the main features of a flexible schedule.

Definition

The flexible working time regime implies the organization of working time, when individual employees or the team as a whole are allowed, within established limits, to regulate the beginning, end and total duration of working time. This process is governed by agreement of the parties.

If the organization has adopted such a regime, then during the accounting period the required working hours must be worked in total. Elements of a flexible schedule include:

variable time (the employee himself regulates the working day within the established time frame);
fixed time (the employee is required to be at the workplace at set hours);
break (time allocated for food and rest, which is not included in the general working period);
accounting period (a certain period during which the hours required by law must be worked).

The flexible working time regime in the employment contract must clearly define the type of accounting period. It may be equal to:

working day;
work week;
working month.

Kinds

Flexible working hours are divided into three types:

Sliding. An employee who works according to such a schedule has standard hours specified in the employment agreement. It should work like everyone else, but with floating hours. Example: an employee comes to work several hours earlier than everyone else, but also leaves several hours earlier.
Free. The schedule assumes a free visit, not tied to time. Suitable for people of creative professions.
Shift. A work schedule in which duties are divided into shifts. A good example is nurses or doctors.

In flexible working hours, the start is determined by the terms of the contract or additional agreement. And the duration of work is regulated by the institution’s work schedule.

Where is it fixed?

Most often, work in flexible working hours is enshrined in the following local documents:

Rules that regulate internal regulations. It reflects: conditions of employment, the presence of a probationary period, grounds for dismissal, conditions for fulfilling assigned duties, work and rest hours, grounds for providing compensation.
Collective agreement. This document is intended to establish a list of guarantees for employees, as well as stipulate the terms of cooperation between the parties.
Contract of employment. Flexible working hours are required in the employment contract. It is entered initially, regardless of what the previous schedule was.

If, after a citizen is hired, his working conditions, including his work schedule, change, this will reflect an additional agreement and an order to change the work schedule.

Limitation

The flexible working time regime, despite the ability of employees to independently regulate their time, has an important limitation.

There are situations when an employee simply needs to be at work. For example, to take part in a meeting or meet with an important client. It is for this purpose that a flexible schedule provides for a certain time when the employee must be at his workplace.

What does flexible working time look like in practice? An example of such a graph looks like this:

Decor

The introduction of a flexible regime involves not only establishing working hours, but also a written agreement. Where should it be recorded? The flexible working time regime in the employment contract must be specified in a separate clause, and the registration procedure itself takes place in several stages.

If the initiator is an employee, then he needs to write an application to change the work schedule and indicate what hours he can work, indicating the break time. Based on this application, an order is issued. After signing the administrative document, an additional agreement to the main employment contract must be drawn up. It indicates a change in work schedule. The additional agreement comes into effect from the moment it is signed.

If the change in schedule is initiated by the employer, then the changes are made in accordance with Article 74 of the Labor Code of the Russian Federation. First, the head of the department submits a memo to senior management, where the situation is analyzed and problems are identified due to which the organization incurs losses. For example, they can arise if employee time is used irrationally. And in order not to overpay for overtime hours, it is advisable to change the existing work schedule to a flexible one. Thus, the cost of paying wages will be reduced.

Based on the report, an order is issued. It must indicate that flexible working hours are established after two months for specific employees. Of which they must be notified in a timely manner.

After two months, another order must be issued, which will approve the list of employees transferred to the new schedule, the new regime itself and the date for the document to come into force. After this order is issued, an additional agreement is signed.

If the flexible schedule is temporary, it is not mandatory. The parties work and interact based on the conditions specified in the order.

To approve a flexible working time regime, an order, a sample of which is offered below, must be communicated to employees against signature.

Payment

Even if an employee has a flexible schedule, he is still entitled to guaranteed wage payments in the amount established by local regulations. But this condition is met only if the standard hours established by law are met.

According to the labor code, employees have the right to all benefits, compensation and guarantees. In other words, if a standard is developed, then the employee is obliged to receive a salary. If an employee is involved in work beyond the established time, the employer must guarantee him:

payment for overtime hours;
double compensation for performing work duties on weekends;
payment of benefits in case of staff reduction.

As for vacation, the employee rests for the time allotted to him according to the established priority schedule.

Flexible working hours in the employment contract provide for payment for overtime and performance of duties on weekends. This work is regulated by Article 99 of the Labor Code. In this case, payments for time worked are made at the end of the accounting period, after which they are calculated. So, for the first few hours of processing, payment is no less than one and a half times the rate, for subsequent hours of processing - at double the rate.

Also, remuneration for overtime work can be replaced with additional rest time. This fact is discussed with the employee; the given time cannot be more than actually worked above the norm.

Weekends and holidays, if they are included in working days, are paid in accordance with Article 153 of the Labor Code of the Russian Federation:

if payment is made at a daily or hourly rate, then the remuneration will be at a double rate;
if the employee receives a salary, the work is paid in an amount not less than the daily or hourly rate, provided that it is performed within the boundaries of the monthly working time norm, and in the amount of double the rate if the norm is exceeded.

If an employee wishes to take a day off instead of increased remuneration, the employer must pay for the worked day off or holiday in a single amount, but not pay for the day of rest.

For the information of workers, it is worth mentioning that the law does not establish a time frame when the employer must provide time off in lieu of pay. Therefore, this fact must be determined by agreement of the parties.

How to keep records

The law requires employers to take into account the actual hours worked by their employees. The main document confirming the fact of work activity is called a time sheet.

Since the flexible working hours regime is specified in a separate clause in the employment contract and fixes the specific number of hours allotted for the employee to work, it is precisely this time that should be displayed in the timesheet.

There are two types of accounting:

Not summarized. This type includes either daily or weekly accounting.
Summarized.

Daily accounting is applicable when an employee has the same working hours every day. Weekly accounting is necessary when an employee works a different number of hours on different days of the week. But in general, it fulfills the required temporary norm. It is equal to the 40 hours established by law.

With cumulative accounting, the duration may vary. Shortfalls on one day can be compensated by overtime on another, but during the accounting period the employee works out the required quota.

All nuances of an employee’s activities must be reflected in the employment contract. Flexible working hours (sample agreement) can be seen below.

If the accounting is violated, then the authorized person bears administrative responsibility, which is imposed by the federal labor inspection body.

Before the work day begins, the employee is required to mark the start of the shift. And after completion of work - the end of working hours. Time sheets must be publicly available to employees half an hour before the start of work and immediately after it ends. The employer or authorized person must ensure control over the accuracy of filling out the time sheet.

If an employee deviates from the established working hours, he must be counted as absenteeism.

Who is it suitable for?

An employment agreement with a sliding schedule can be concluded with a manager, marketer, secretary, etc., the main thing is to understand how appropriate such a schedule will be for a particular position.

For example, a staggered schedule will be convenient for both the employee and the employer if the former has other things to do besides work. This includes studying or working part-time.

The shift schedule has been known since Soviet times, when the employer needed round-the-clock production, and the performance of labor duties depended on the physiological characteristics of the workers. Since a person cannot work the whole day and 7 days a week, a shift work schedule was invented. And production does not stop, and employees have the opportunity to rest. Today it is widely used in factories, medical institutions, fire departments, law enforcement agencies, etc.

The establishment of flexible working hours in the form of a free schedule is well used in creative professions. The legal aspect is not violated here - both parties draw up an agreement on the performance of labor duties, and the employer himself does not overpay the employee for the time that he does not work. This schedule may be suitable for artists, designers, musicians, and writers.

There are, of course, professions where a flexible schedule would be inappropriate. This may include organizations where special security conditions or weak labor discipline apply. Also, a flexible schedule is not suitable for civil servants due to bureaucratic “sluggishness”.

Nuances

Flexible working hours are determined by mutual agreement of the two parties, namely the employee and the employer. But there are categories of workers for whom flexible working hours schedule is installed initially. The basis for this is federal or industry legislation. The list of jobs where a flexible schedule should be introduced due to special specifics is indicated in Order No. 112 of the Ministry of Communications of the Russian Federation.

A normative document has also been established for women who are pregnant or have small children. And since it is still in effect today, it can be used as a guide for both the employee and the employer.

The use of a flexible schedule should provide a woman with an optimal combination of economic, social and personal aspects. According to the law, such a regime can be established either indefinitely or for a certain period. For example, for the duration of the school year or until the child reaches a specific age (16 years or adulthood).

Advantages and disadvantages

Every work schedule has both positive and negative sides. Therefore, when choosing one schedule or another, the manager and employee should focus on identifying possible benefits.

Let's look at the pros and cons of flexible scheduling for employees. Positive aspects include:

the ability to combine work with other activities;
personal regulation of the amount of work performed, which prevents overload;
the reality of combining work and family obligations (relevant for mothers with small children).

Among the negative points it is worth highlighting:

difficulties in fulfilling labor obligations if there is a need to interact with other employees working on a similar schedule;
the lack of constant control leads to the postponement of important matters indefinitely;
lack of career growth.

From the above it follows: if the employee is responsible and knows how to organize his work, then such a schedule is the most preferable. Otherwise, it is better to look for a job with a regular schedule.

For an employer, flexible working also has both pros and cons. Positive sides:

increasing the degree of responsibility among employees due to the lack of constant control from superiors, as well as increasing the effectiveness of the work process and trust in the manager;
absence of problematic situations with labor discipline due to blurred boundaries of working hours (for example, free attendance does not determine a clear time for the implementation of the work process);
attracting high profile specialists to the work process due to the convenience of this type of schedule.

The negative points include the following:

such a schedule is not suitable for managerial positions due to the fact that the boss must be at the workplace full time in order to be able to resolve production issues and control the work process as a whole;
the presence of difficulties in monitoring the unconditionality of time worked and the execution of the established amount of work, as well as monitoring the quality of execution of assigned tasks;
increase in costs when providing employees of the organization with means of communication and recording of time worked.

In general, a manager can benefit from establishing a flexible work schedule, as employees will stop thinking about getting up early, worrying about being late, and will be able to focus on results. But lack of management control can lead to a decrease in productivity and the quality of work performed.

The Labor Code includes a vague concept of flexible hours. According to Article 102 of the Labor Code of the Russian Federation, the end and beginning of a work shift, its duration are established by mutual agreement between the employee and the employer. Wages are calculated based on the number of hours worked.

Article 102. Working in flexible working hours

When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.

The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others).

In practice, three types of flexible scheduling are used:

sliding (floating)— for a specific employee, the start and end times of the working day are shifted while maintaining its duration.
Free— due to the specifics of the profession, the employee independently determines the time and mode of work.
Shift— employees perform job duties in alternating shifts - day and night, morning and evening.

The given flexible work modes are suitable for students combining work responsibilities with studying at an educational institution; women on maternity leave or leave to care for a young child; people of creative professions who work “by inspiration”.

For individual specialists, it is important to complete work tasks within a certain time frame, which changes daily. These are sales managers, programmers, designers, sales and advertising agents, and other similar categories of employees; for them it would be correct to establish a flexible schedule.

Below you can see the timesheet:

The picture shows the completed document:

When is this mode of operation not suitable?

Flexible schedule does not apply:

in conveyor production, where the labor process directly depends on the operation of equipment;
when staff is employed in 3 shifts;
with a 2-shift operating mode and no vacancies;
in organizations with a specific production process;
in case the employee performs official duties outside the enterprise (business trips, conferences, etc.).

The absence in the organization of a system of accurate accounting and control of time worked, production discipline, and clear organization of work makes the use of a flexible schedule impossible.

Correct execution of the employment contract. Sample document

The flexible working time regime in the employment contract is specified in the clause “Nature of work and rest” or something similar. The constituent elements of a free work schedule should be specified in detail. The relevant section of the agreement is drawn up as follows:

“The employee is provided with a flexible work schedule with a 5-day work week of 35 hours.”

It is necessary to clearly indicate the time of mandatory presence at the workplace (fixed part), the hours of presence determined by agreement of the parties (flexible part), the time interval of the lunch break, and the accounting period used for remuneration.

The remaining sections of the employment contract with a flexible schedule do not differ from those with a regular work schedule.

The place of work, the rights and obligations of the parties, the guarantees provided to the employee, and the period for granting annual paid leave must be indicated.

The picture shows a sample employment contract with a flexible schedule:

The photo shows an example of a document:

Responsibility for non-compliance with a flexible work and rest schedule

The establishment of a flexible schedule in an organization or individual employee is allowed under Article 102 of the Labor Code of the Russian Federation by mutual agreement of the parties. Unscrupulous employers and employees take advantage of flexible working hours, not observing the start and end dates of the working day specified in the employment contract. According to Article 99 of the Labor Code of the Russian Federation for production needs or in the event of an emergency It is allowed to exceed the number of hours worked by no more than 120 per year.

An employer, ignoring the law and forcing an employee to work beyond the time limit established by a flexible schedule, is subject to administrative liability.

For violation of labor legislation under clause 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, punishment is provided in the form of a fine of 1,000 to 5,000 rubles for an official, 30,000 to 50,000 rubles for an organization (up to the suspension of activities for up to 90 days).
Article 5.27. Violation of labor legislation and other regulatory legal acts containing labor law norms

Paragraph 1

Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code:
entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles;
for persons carrying out entrepreneurial activities without forming a legal entity, from one thousand to five thousand rubles;

for legal entities from thirty thousand to fifty thousand rubles.

Lateness without a valid reason, absenteeism, violation by an employee of the flexible lunch break period specified in the employment contract are grounds for the application of these measures.

The severity of the offense committed determines the type of penalty imposed.

Important! According to Article 195 of the Labor Code of the Russian Federation, disciplinary action may be taken against managers at various levels who violate labor laws.

Article 195. Bringing to disciplinary liability the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of workers

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

If the fact of violation is confirmed, the employer is obliged to apply disciplinary action to the head of the organization, the head of the structural unit of the organization, and their deputies, up to and including dismissal.

The introduction of flexible working hours has a negative impact on the environment. Increasing the length of time employees spend at the workplace disrupts the heating and cooling regime of buildings and increases the amount of electricity consumed.

Most managers refuse flexible work schedules for employees due to the inability to control the proper performance of their job duties.

Initially, flexible work arrangements were provided for employees with children.

The procedure for their work was regulated by Resolution No. 170/10-101 of the State Labor Committee of the USSR and the Trade Union Secretariat dated June 6, 1984, which is still in force today, to the extent that it does not contradict current legislation.

A little later, another Resolution No. 162/12/55 of the USSR Labor Committee and the Trade Union Secretariat of May 30, 1985 was issued.

This document provides recommendations on the use not limited by strict boundaries coming to and leaving work for all those involved in production, institutions and organizations in various sectors of the national economy.

What is this?

Flexible working time is an organizational form in which individual employees or a certain part of the team have the opportunity independently determine your schedule and number of hours.

To ensure that the labor process does not suffer as a result of the absence of one or another person, Flexible scheduling is broken down into the following components::

Peculiarities

If the GDV is determined for the day, then the employee must, regardless of the time of his arrival, work the required time(mostly 8 hours) during the current day.

With a flexible weekly schedule, the daily time spent in the office may vary, but in total should constitute the established norm(usually 40 hours). The same principle applies to the summation of working time in a flexible mode set for a month.

Employee's arrival and departure times determines independently, recording the time spent at work in a special journal or electronically.

Where is the smartest place to use it?

It is most objective to use a flexible schedule in the following cases:

in sales— for promoters, real estate agents, sales managers, etc.;
for people creative professions– designers, artists, photographers, etc.;
For specialists on IT technologies, marketing and PR campaigns.

This option is convenient for any company whose activities are aimed at achieving results or in the case when there are problems with attracting a high-class professional, in order to interest the necessary specialist.

Naturally, no one canceled the possibility of using a flexible schedule for employees, having children, if the conditions of her professional activity allow this.

Another argument for using such a labor regime in large cities is traffic jams.

By regulating the time of his arrival to work and return home, a person has the opportunity save significant time being on the road and saving the nervous system.

General procedure for establishing

Article 100 of the Labor Code of the Russian Federation stipulates that regulated by internal labor regulations. It is based on legal acts that reflect labor law norms, collective agreements and agreements.

Flexible schedule mode can be set for an employee based on his personal request or with his consent. The decision depends on certain circumstances.

If the labor regulations established in a given organization allow the possibility of a flexible schedule at personal request, then the employer is obliged satisfy the request.

The basis is statement employee. In the case when local Act presupposes an agreement between the parties on this issue; upon receipt of an application, the employer has the right to resolve the issue taking into account expediency and production necessity. In such a situation, a reasoned refusal.

Labor Code of the Russian Federation. Article 100. Working hours

The working time regime should provide for the length of the working week (five-day with two days off, six-day with one day off, a working week with days off on a sliding schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time working days (shifts), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days, which are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.

Features of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.

Length of day

The time intervals of the components of a flexible schedule, including the type of accounting period, are determined by the enterprise. In general, the permissible limit for day length is 10 hours.

The rest and meal breaks are set within from half an hour to two hours. As an exception, the maximum permissible time spent at work, including breaks, may be 12 hours. This applies to all types of accounting period except when it is set to a day.

Statement

The basis to transfer to a rolling schedule is his application.

This is the first thing the employer will require as proof that the employee will not be against changes in basic working conditions.

When writing an application, it is important to remember that a flexible schedule can be established either without time limits or for any period that is convenient for the employee, so the application must contain not only desired schedule, but also the period for which it is implemented.

It is also worth indicating reason such transfer and, if desired, attach a copy of the document confirming it. After the manager signs the application, it is sent to the personnel department, where the responsible specialist draws up individual schedule labor, addition to the employment contract and order about translation.

Applications for flexible scheduling.

Issue of an order

The basis for an order to transfer to GDV is additional labor agreement. The following data must be reflected in it:

Full Name;
job title;
accounting period type.

The employee is familiarized with the order against signature in the prescribed manner.

Please note that the employee switches to general mode immediately after the end of the period for which the GDV was installed.

You can transfer the entire department to GDV. In this case, the order is issued based on a collective statement with the signatures of all team members who agree with the new conditions. If the initiative comes from the administration, then, according to Art. 74 Labor Code of the Russian Federation, employer obliged to warn all employees at least two months in advance.

Labor Code of the Russian Federation. Article 74. Changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions

In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function.

The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code.

In the event that the reasons specified in part one of this article may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code, to adopt local regulations , introduce a part-time working day (shift) and (or) part-time working week for up to six months.

If an employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation.

Cancellation of a part-time working day (shift) and (or) part-time working week earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement or agreements.

Drawing up an order establishing flexible working hours.

Reflection in the employment contract

What is needed: an employment contract with a new employee or the release of an agreement for the old one?

Where a new employee is initially hired on a flexible working basis, this will be reflected in their employment contract.

If there is a need to transfer a full-time employee, then based on his application, a additional agreement.

Both the employment contract and the additional agreement to it must reflect the following: information:

Full Name;
job title;
the period for which a flexible schedule is introduced;
variable and fixed time;
break time for meals and rest;
accounting period type.

The document must indicate that changes may be included in it by mutual agreement of the parties.

Additional agreement on the establishment of flexible working hours.

Summarized accounting

Working time recording for GDV quite difficult. For example, variable time is set for arrival at the workplace from 8.00 to 10.00, and leaving is limited to 17.30 to 19.30. One day an employee can start work at 8.30 and leave at 18.00; the next day, the office visit will shift by an hour.

The only way out in such a situation is daily time recording employee assigned this responsibility. To perform this function, forms for recording working hours are provided, adopted by Resolution No. 1 of the State Statistics Committee of January 5, 2004.

In a situation where the accounting period is a week, then having worked less than one day, during the current week the employee must work more so that the total amount of time is 40 hours. If the accounting period is a month, the algorithm of actions is similar.

It is worth noting that the flexible schedule mode not reflected a separate entry in the work book.

Salary

The most optimal solution is time wage system with the establishment of official salaries or hourly tariff rates.

If the accounting period is for a flexible schedule less than a month, then remuneration is made according to the established salary or hourly rate.

Example: Official salary of Ershova A.N. – 30,000 rubles, standard hours per month – 160, actual hours worked – 150.

Accrued salary = 30,000/160x150=28,150 rub.

Results

The legislation does not provide for the procedure for calculating the hourly tariff rate, therefore the organization makes his own choice, which is enshrined in local regulatory documents.

The use of GDV should not harm the production process; not all employees have sufficient self-organization skills, so such a decision should be preceded by thorough analysis possible consequences.

Wherein employer's refusal to establish flexible schedule should not contradict current legislation and internal regulations.

The main purpose of applying such a regime is to provide comfortable conditions employee, which will allow him to increase the productivity of his work.

Such a decision should contribute to the optimal combination of the organization’s economic interests with social and personal needs workers.