Floating Schedule Sample. A sample of filling out an employment contract with a flexible work schedule. How to write a statement

As a rule, working time mode provides for five (six) working days and two (one) output. However, for individual categories of workers, the use of flexible mode of operation is allowed. In the article, we will tell how to regulate the mode of flexible working time, which documents are needed when it is established, and consider other issues that arise when applying such a regime.

Working time mode includes the following items:

- Duration working week (five-day with two days off, six-day on one weekend, the working week with the provision of weekend on a sliding schedule, an incomplete working week);

- work with an abnormal working day for individual categories of workers;

- the duration of daily work (shift), including part-time working day (shift);

- the start and end time;

- time of breaks in work;

- alternation of workers and non-working days;

- the number of shifts per day.

In this case, the working time mode is set by the Internal Rules. labor routine. For workers who have an individual working time mode, such conditions are entered into an employment contract.

Note that strictly installed professions, posts for which can or should be installed flexible working time, Labor legislation does not allocate. At the same time, some regulatory acts adopted to regulate certain areas provide for the possibility of establishing such a regime.

The need to introduce a flexible working time mode may be caused by the features of the performed labor function or subjective circumstances in the life of an employee.

It should be borne in mind that careful preparatory work should be preceded by a thorough preparatory work to substantiate the possibility and appropriateness of its application in one or another unit or in the workplace, the organization of accounting for working hours, introducing the necessary organizational and technical changes in the form and methods of organizing labor.

According to recommendations, the mode of a flexible working time is the form of a working time organization, in which for individual workers or groups of enterprise divisions is allowed (within certain limits) the commencement of the start, ending and total duration of the working day. At the same time, a complete working hours of working hours established by the Law of the total number of working hours during the accepted account (working day, week, month, etc.) is required.

In other words, the mode of flexible working time lies in the fact that the worker in coordination with the employer determines the working time, while it can be distributed in the calendar period (week, month, quarter) unevenly.

Work in the mode of flexible working time is regulated by Art. 102 TK RF. At the same time, practical issues are regulated, in particular:

— collective contract;

- local acts (orders, orders, rules, orders, etc.);

- Labor contract.

It should be noted that the condition about the flexible work schedule after its inclusion in the employment contract becomes its essential part, the change of which is possible only by agreement of the Parties to the Treaty or in the manner prescribed in Art. 73 TK RF to change significant conditions labor contract. In addition, the regulation of work on a flexible schedule conditions in the above documents should not contradict the provisions of the Labor Code of the Russian Federation (about the maximum duration of working time, about overtime work, etc.).

We also recall that the mode of flexible working time can be installed:

- both at the conclusion of the employment contract, and later;

- as for a certain period, and indefinitely, - since the restrictions for the establishment of such a regime by law are not provided. However, with a changeable work mode, we still do not recommend entering a flexible schedule: it can disrupt the workflow.

Two questions arise: whether the duration of working time will change when establishing a flexible job schedule and how will this affect the wage?

Based on the content of Art. 102 of the Labor Code of the Russian Federation Party of employment contracts can use various work options in the flexible schedule mode. The duration of working time in this case can remain the same, only the time of the beginning and end of the working day will change, and can also be defined specific hoursWhen the employee must be present in the workplace. We repeat that the established standard of working time employee must work out. There may also be a different duration of working time by agreement of the parties. If at the same time there is a flaw in one days, it is compensated by longer work on other days.

As for remuneration, it remains unchanged. Also, the establishment of a flexible schedule does not affect the provision of social benefits and guarantees.

Flexible schedule for women having children

This category of employees should be highlighted, since when regulated labor relationship With them, you need to be guided by the decision of the USSR State Protection Disclaimer and the WCSPS secretariat of 06.06.1984 N 170 / 10-101 "On approval of the Regulations on the procedure and conditions for the use of a sliding (flexible) work schedule for women with children" (hereinafter referred to as a decision).

The use of a sliding (flexible) schedule for workers should ensure the best combination of economic, social and personal aspects for them. In particular, such a schedule is introduced if, due to the need to care for children, there is no possibility to work on the usual schedule established in the institution.

However, note that according to paragraph 2.2 of the ruling sliding (flexible) work schedule, it can be established both without limitation, and for any time-friendly term (until a child has been achieved by a child, for the period of the school year, etc.).

Note! Women enjoying the right to sliding (flexible) work schedule can also work according to the generally installed schedule (clause 3.4, 5.1, 5.3 and 5.4 of the ruling).

Also, remember the maximum total duration of working time per day (not more than 10 hours) and the time of staying in the institution from the moment of principle until the end of the work (shift), including unpaid interruptions in it (no more than 12 hours) (clause 3.1 of the Resolution ).

We also recall that according to Art. 264 of the Labor Code of the Russian Federation guarantees and benefits provided to women in connection with motherhood extend to the fathers raising children without a mother, as well as on guardians (trustees) of juveniles.

How to keep accounting work time?

As a rule, the accounting of the working time lead managers of divisions and (or) the personnel service of the institution. At the same time apply the most various methods And the means of accounting. Someone makes records in special cards or magazines, and someone applies individual time counters or clocks.

By general rule Accounting for working time when establishing a flexible schedule is conducted in the working time accounting table for a unified form of T-13, which is filled by the following rules: In the upper lines of the graph 4 opposite the name of the employee, the letter ("I") or digital ("01") code is affixed, and in the lower lines, the duration of work is indicated in this mode.

According to the norms of the current labor legislation, the employer provides a worker to work as an employee of the total number of working hours during the relevant accounting periods (working day, week, month, etc. - Part 2 of Art. 102 of the Labor Code of the Russian Federation). Accounting for spent working time is made according to the rules of Art. 104 TC RF as a summable accounting.

One of the meaningful circumstances characterizing the mode of flexible working time is the view of its accounting. The definition of the account period is necessary to ensure the execution of the employee of the working hours. Once again, we will pay attention that the procedure for accounting for working hours of person who performs labor duties in the context of a flexible schedule of work is established by agreement of the parties to the employment contract.

There are several types of working time accounting, due to which the total testing is ensured:

- a suitable (the employee must work out the normal clock during calendar day);

- Weekly (introduced if it is impossible to ensure the work hours of the working hours of the working hours by the employee during the calendar day);

- Monthly (introduced when it is impossible to ensure the total workshop by the employee of the clock rate during the calendar week).

And the accounting period is introduced for more than one month when it is impossible to ensure the total working hours of working hours during the calendar month.

For your information. The use of a weekly or monthly period of accounting in a flexible schedule mode involves working hours working hours accordingly during a week or calendar month.

Here we clarify the elements of flexible working time. These, in particular, can be attributed to:

- Fixed time - when the employee must be in the workplace;

- A variable (flexible, sliding) - this time of start and end of the working day (shift), within which the employee has the right to start and finish working at its discretion;

- Break for food and recreation (its duration is not included during working hours).

However, it should be remembered that when performing work outside the institution (a business trip, participation in meetings, etc.), the mode of flexible working time does not apply. In this case, working time accounting is carried out under normal operation mode (p. 5.4 of the recommendations). For example, a worker who is on a business trip should work according to the schedule of that company in which he is submitted.

How to pay for overtime and work on weekends?

Attraction to overtime work on the initiative of the employer is regulated by Art. 99 TK RF. At the same time, according to the general rule, the payment of overtime is made at the end of the account after counting hours of processing in an increased amount: for the first two hours - at least one-hour size, for the subsequent hours - not less than double (Art. 152 of the Labor Code of the Russian Federation, . 5.5 recommendations). At the same time, overtime work at the request of the employee can be replaced at an additional time of rest, but no less time worked out overtime.

Weekend I. holidays With flexible schedule, work is paid according to the norm of Art. 153 TK RF, that is:

- employees whose work is paid in day and hourly tariff rates - in the amount of no less dual day or hour tariff rate;

- employees receiving salary (official salary) - in the amount of at least a single day or hour raising (part of the salary (open salary) per day or hour of work) beyond salary (official salary), if work in the weekend or non-working holiday festive day was produced in The limits of the monthly rate of working time, and in the amount of at least a double rate (part of the salary) beyond the salary, if the work was performed above the monthly norm.

If the employee expresses the desire to take a day of rest instead of elevated payment, then for a spent day off or non-working holiday payment will be made in single amount, and the day of recreation is not subject to (part 3 of Art. 153 of the Labor Code of the Russian Federation).

For your information. The labor legislation is not the deadline for which the employer is obliged to provide an employee a rest day, respectively, it should be determined by agreement of the parties.

Note that when counting overtime hours, work on holidays, produced above the working time rate, is not taken into account, as it is already paid in double size (clause 4 of clarifications from 08/08/1966 N 13 / P-21 "On compensation for work in Festive days, "approved by the decision of the USSR State Protection and the Presidium of the WCSPS N 465 / P-21).

Flex work time registration rules

At the very beginning, we have already mentioned the documents that are governed by the use of flexible work schedule. At the same time, employees must necessarily be familiar with the possibility of applying such a graph.

If when you arrive at work, the device's work time mode will differ from general rulesThe employer acting on the employer, then this condition is enshrined in the employment contract, and also reflected in the order of employment. In the line "Conditions, the nature of work" indicates: "Mode of flexible working time, accounting period."

If the need to establish a flexible working time mode arises after the conclusion of the employment contract, then it is concluded supplementary agreement.

On page 42 we present a sample of filling out an additional agreement to the employment contract.

Additional agreement N 1
to the employment contract of 01.10.2012 N 105

FGU "Vympel", hereinafter referred to as the "employer", represented by Oleg Nikolayevich's director, on the one hand, and the laboratory manner of Lutin, Anna Arkadyevna, referred to as the "employee", on the other hand, concluded this Agreement on the following:

- to contribute to the employment contract of 01.10.2012 N 105 the following changes:

- Section N 3 "Working time and time of rest" to add it paragraph 3.4 as follows:

"3.4. An employee for the period from 04/01/2013 to 09/30/2013 is a flexible work time with an incomplete working week of 24 hours.

3.4.1. Working days - Monday, Tuesday, Wednesday, Thursday. Weekends - Friday, Saturday, Sunday.

3.4.2. From 10.30 to 12.00 and from 14.00 to 15.30, the employee establishes a fixed time (mandatory presence in the workplace).

3.4.3. Break for recreation and nutrition - from 13.00 to 14.00.

3.4.4. The variable start time is set from 8.00 to 10.30.

3.4.5. The variable end time is set from 15.30 to 18.00. "

- add section N 3 "working time and rest time" by paragraph 3.5 of the following content:

"3.5. Enter a summable accounting of working time in the period from 04/01/2013 to 09/30/2013.

3.5.1. Set the account - one month. "

- Changes in the employment contract defined by this Agreement come into force on 04/01/2013.

- This Supplementary Agreement is an integral part of the employment contract, drawn up in two copies that have the same legal force. One copy is stored at the employer, the second - the employee.

A copy of the supplementary agreement on the hands received

__________________________ "__" ___________ 2013

(Signature of the employee (picking) (date of receipt)

Based on the signed additional agreement to the employment contract, an individual schedule of employee work is issued. We will specify that its preparation is not mandatory. Then the order is published on the enactment of the working time mode for a particular employee or for a whole division.

A sample fill in the work schedule on a working week is shown on page 43.

Day of the week	Work start time	Starting time	Time of compulsory presence	Lunch break time
Monday

The form of an order for the introduction of working time mode for a particular employee or for a whole unit, the employer has the right to develop independently.

On page 43, give a sample of filling out the order to establish a flexible working time mode.

Federal State Unitary Enterprise "Vympel"

Order

About establishment

working time modes

Order:

1. Install from 01.04.2013 to 09/30/2013 Latina Laboratory AA:

1.1. The mode of flexible working time with an incomplete working week, duration 24 hours.

1.2. Four-day working week - Monday, Tuesday, Wednesday, Thursday; Weekends - Friday, Saturday, Sunday.

1.3. Fixed time (mandatory presence in the workplace) - from 10.30 to 12.00 and from 14.00 to 15.30.

1.4. Break for recreation and nutrition - from 13.00 to 13.45.

2. Given that when implementing Lutina A.A. An installed daily and weekly duration of working time can not be observed, to introduce in accordance with Art. 104 TK RF summed accounting of working time, starting from 04/01/2013.

2.1. Set the account - one month.

As of: 02/13/2012
Magazine: Everything for personnel
Year: 2012.
Author: Minibyev Ural Fagimovich
Topic: Personnel Documents, Other Working Modes
Rubric: Is there a problem? Here's the solution

Labor agreement with the establishment of a flexible working time statement of an employee to establish a flexible working time regime Additional agreement on the establishment of a flexible working time regime Order of the establishment of a flexible working time regime

Regulations

Russian Federation

Long been looking for an employee to a responsible position. Finally found! Specialist he needs. We are just not enough for us: both experience and knowledge from him. We are afraid to miss, ready to go to any conditions ... But with one we doubt. He asks to establish him a flexible working time. Nobody works for flexible graphics, and what it is, frankly, I don't imagine badly. Of the written in the Labor Code of the Russian Federation, there are few things in general. So hesitated. Please tell us more about the mode of flexible working time. And if there is nothing "scary" in it for the employer, how to correctly establish such an employee regime?

Your worker, of course, sly! Few people like this "from the threshold" is decided to dictate their conditions ... But since he is really a highly qualified specialist and you need an acute in it, and the perseverance does not confuse you - we will try to resolve the situation. So, let's begin.

Flexible working time (hereinafter - GDV) is such a mode of operation in which the beginning, ending 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; further - the TK RF). I agree, "not thick" ...

To understand the peculiarities of the GRV regime, we turn to the recommendations on the use of flexible working time modes at enterprises, institutions and organizations of the sectors of the national economy. By the decision of the State Protection of the USSR and the Secretariat of the Central Federal District of 05/30/1985 No. 162/12-55 (hereinafter referred to as recommended).

According to the recommendations, the GDV regime is the form of working time organization, in which for individual workers or groups of enterprise units is allowed (within certain limits) the self-regulation of the start, ending and total duration of the working day.

Simply put, work in the GDV mode allows the employee to determine the time of coming and leaving from work, provided that some definite, fixed time during the working day, it must be present at work and at the same time to work out the workers established for it hours for the accounting period (week, month, etc.). At the same time, remember that ensuring the employee's provision of a total number of working hours during the relevant accounting period is the obligation of the employer (part 2 of Art. 102 of the Labor Code of the Russian Federation).

Options for building flexible work time graphs may vary depending on the accepted account period, the time characteristics of each of the components of the regime, as well as under the conditions of their use in various structural divisions (on specific positions).

What are the composite elements of the GSV regime, you should consistently agree with the employee?

Step 1 Determine the duration of the account period.

Depending on the duration of the account period, the following basic variants of flex work modes are possible:

1. The accounting period is equal to the working day when its duration is fully implemented on the same day.

2. The accounting period, an equal week, when its duration set in working hours is fully implemented during the week.

3. The accounting period, equal to the work month, when the monthly norm of working hours is fully implemented in a month.

KEEP IN MIND

Resolution of the State Protection of the USSR and the Secretariat of the Central Federal District of 05/30/1985 No. 162 / 12-55 today is not canceled. However, it should be remembered that in accordance with Art. 423 TK RF Legislative and Other Regulatory Legal Acts former USSR applicable in the territory of the Russian Federation, are applied to the postolon, as they do not contradict the TC RF

Step 2 Determine the start and end time of the working day (shift).

Part 1 Art. 102 of the Labor Code of the Russian Federation suggests the Agreement of the Parties to determine the start time and the end time of the working day (shift).

In this case, it is planned to determine the time of the mandatory presence and the variable (flexible) time, since, along with a fixed time, the presence of two variable intervals allows you to work out the necessary total number of working hours in the adopted accounting period.

With a weekly account period, the duration of the working day (shift) during the week may vary at the discretion of the employee, but the norm of the working week should be fully developed.

For the accounting period, more duration (month, quarter and other periods), the employee is obliged to work out the total number of working hours during the relevant period. It should be remembered that the accounting period cannot exceed one year.

You should know it

The accounting period is the time interval (month, week, etc.), during which the employee must work out the working hours established for it. The accounting period may not exceed one year.

Step 3 Determine the total duration of the working day (shift). IMPORTANT!

The establishment of a GRV regime worker does not reduce its wage (provided that it fully fulfills the time standard), and also does not affect the provision of social and labor benefits and guarantees. Working in flexible working time can be involved in overtime work in the same manner and under the same conditions as the rest of the employees (Art. 99 of the Labor Code of the Russian Federation)

In this case, the Parties coordinate the time of the mandatory presence in the workplace and the total duration of the working day (shift). Thus, the duration of the working day may be different, but in advance as agreed by the parties.

This option of the GDV regime compared to the first (when the accounting period is more than one working day) provides an employee less freedom to choose the independent regulation of its working time. In this case, the flexibility for the employee will manifest itself only in different times of the beginning and end of the working day (shift), which the employee has the right to choose at his discretion. GDV mode as a way of organizing working time is suitable on those works where it is necessary due to a special nature of labor in which the intensity of labor is not the same. At the same time, as a basis for applying the GVR regime, it is not forbidden to take into account the personal interests of the employee itself (household, social, family, etc.). Currently, GDV mode is used and as a way to hold valuable workers.

EXAMPLE

Accounting - working day

In this case, the employee at his discretion may start working in the interval from 8:00 to 11:00 and finish the working day, respectively, in the time interval from 17:00 to 20:00, provided that it is mandatory for 8 hours during the working day.

The possibility of using the GHV regime can be provided in the rules of the internal labor regulation, with which employees must be familiarized by the employer under Painting (Art. 100 of the Labor Code of the Russian Federation).

In the case, if this regime is established individually, i.e., it differs from the general rules operating at the employer, this condition is enshrined in its employment contract (Article 57, 102 of the Labor Code of the Russian Federation).

Please note: the GDV mode can be established by agreement between the employer and the employee both when taking work (Example 1) and in the process of labor relations.

IMPORTANT!

The condition about the flexible working time included in the employment contract in its conclusion will later be changed only by agreement of the parties

If an employee is interested in establishing a flexible working time, he has the right to apply with the corresponding written request for this (Example 2).

If the mode of operation changes after the conclusion of the employment contract, this change is recorded in an additional agreement to the employment contract (Example 3), which comes into force from the date defined by the parties in the Agreement. In full compliance with the concluded agreement, an order is published on the establishment of a GDV regime employee (Example 4).

THIS IS USEFUL TO KNOW

Decree of the State Protection District of the USSR and the Secretariat of the Central Federal District of 06.06.1984 No. 170 / 10-101 approved the Regulation on the procedure and conditions for the use of a sliding (flexible) schedule for women with children

Summary

The GDV mode provides an employee the right to independently determine the start time, end or total duration of the working day (shift), subject to the full time of working hours established for it for a certain account. The condition about the flexible working time must be executed properly. In the presence of an appropriate agreement of the parties, this can be done both at the conclusion of the employment contract and in the process of labor relations.

Not every organization due to certain features can work in the conditions of the established schedule. In connection with this legislation, a flexible working time mode is provided. In the employment contract, this nuance must be specified. Consider the main features of a flexible schedule.

Definition

The mode of flexible working time implies a working time organization when separate employees or the team as a whole is permitted in the established limits to regulate the beginning, end and total working hours. The specified process is regulated by the Agreement of the Parties.

If such a regime is accepted in the organization, then during the accounting period, the required working hours must be extended. The elements of flexible graphics include:

alternative time (the employee himself regulates the working day within the boundaries of the established time frame);
fixed time (the employee must be in the workplace at the set clock);
break (time settled for food and recreation, which is not included in the overall working interval);
the accounting period (a certain period during which the clock should be worked under legislation).

The mode of flexible working time in the employment contract should clearly define the type of account. It can be equal to:

labor day;
labor week;
labor month.

Views

A flexible schedule of working time is divided into three types:

Sliding. The employee who works for such a schedule, a standard time is registered in the work agreement. It should work, like everyone else, but with floating hours of work. Example: An employee comes to work a few hours earlier than everyone else, but also takes a few hours earlier.
Free. The graph suggests a free visit that is not attached by time. Fits people creative professions.
Dried. Work schedule, in which the execution of duties is divided into shift. Good example are nurses or doctors.

In the flex work time mode, it is determined by the terms of the contract or the Superior Agreement. And duration labor activity Regulated by the work schedule of the institution.

Where enshrined

Most often, work in flexural time mode is enshrined in the following local documents:

Rules that regulate the inner routine. Refilled here: Employment conditions, availability test period, grounds for dismissal, conditions for the execution of imputed duties, work and recreation, grounds for the provision of compensation.
Collective agreement. This document It is intended to establish a list of guarantees for employees, as well as promote the conditions of cooperation of the parties.
Contract of employment. The flexible time of working time in the labor contract is prescribing. It is made initially, no matter what the previous schedule was.

If, after receiving a citizen to work, its working conditions, including the mode of activity, will change, this will reflect the supplement and order to change the schedule of work.

Limitation

The mode of flexible working time, contrary to the possibilities of employees independently regulate their time, has an important limitation.

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

How does a flex work time look like? An example of such a graph looks like this:

Registration

Entering the flexible mode provides not only setting hours of work, but also a written design of the Agreement. Where should it be fixed? The mode of flexible working time in the labor contract must be registered with a separate clause, and the procedure itself occurs in several stages itself.

If the initiator is an employee, then he needs to write an application for changing the working schedule and specify which watches it can work, indicating the break time. Based on this application, an order is published. After signing administrative document An additional agreement must be drawn up to the main employment contract. It indicates the change in the work schedule. Doping begins to act since its signing.

If the change of the graph is initiated by the employer, then the changes are carried out under Article 74 of the Labor Code of the Russian Federation. At first, the head of the department submits a memorable note to the upstream guidance, where the situation is analyzed and problems have identified, due to which the organization is losses. For example, they may arise if the time of employees is irrational. And in order not to overpay for overtime hours, it is advisable to change the existing working schedule on flexible. Thus, the costs of paying salary will be reduced.

Based on the memorandum, the order is published. It must be specified that the mode of flexible working time is installed in two months for specific employees. What they should be notified in a timely manner.

After two months, another order must be issued, in which a list of employees translated on new graph, the new mode and the deadline for the entry of the document into force. After the publication of this order, the approval is signed.

In case the flexible schedule is temporary, it is not mandatory. The parties work and interact on the basis of the conditions that are registered in the order.

To approve the flexible working time mode, the order, the sample of which is proposed below, should be brought to employees under the signature.

Payment

Even if an employee has a flexible schedule, he still has guaranteed payments of wages in the amount of local acts. But this condition is performed only if the norm of the clock is met, which is established by law.

Accordingly, the Labor Code, employees have the right to all benefits, compensation and guarantees. In other words, if the norm has been developed, the employee is obliged to get a salary. In the case when the employee is attracted to work over the set time, the employer must guarantee him:

payment of overtime hours of operation;
double compensation for execution of labor duties on weekends;
payment of benefits while reducing state.

As for vacation, the employee rests the time to him on the established timeliness schedule.

The flexible time of working time in the labor contract provides for the payment of overtime and execution of responsibilities on weekends. this work Regulated by Article 99 of the Labor Code. At the same time, payments for spent time are made at the end of the accounting period after their calculation will occur. Thus, for the first few hours of processing, payment is not less than once again, for the subsequent processing hours - at a double rate.

Also remuneration for overtime Can be replaced at extra rest time. This fact is negotiated with an employee, an attracted time cannot be more actually spent over the norm.

Weekends and holidays, if they entered the workers, are paid under Article 153 of the Labor Code of the Russian Federation:

if payment is carried out in a day or hour tariff, then the remuneration will be at a double rate;
if an employee receives salary, the work is paid in the amount of at least a day or hour rate, provided that it is performed within the limits of the monthly rate of working time, and in the size of the double rate, if the norm is exceeded.

If the employee is desired, take the day ran down instead of increased remuneration, the employer must pay for a spent day off or a holiday in a single amount, and the day of rest is not paid.

It is worth saying that the legislation does not establish the time when the employer must grant the ration instead. Therefore, this fact must be determined by the Agreement of the Parties.

How to account

The law provides for the obligation of employers to take into account the actually spent hours of their employees. The main document confirming the fact of employment is called the working time accounting table.

Since the flexible working time mode in the employment contract is registered with a separate point and fixes specific number Watches laid for employee work, it is this time and should be displayed in the table.

There are two types of accounting:

Not summed. This species Includes either daily or weekly accounting.
Summarized.

Daily account applicable in the case when the employee has the same working day every day. Weekly accounting is needed when an employee works out a different number of hours on different days of the week. But in general, it works out the laid temporal norm. It equals 40 o'clock established by law.

With summarized accounting, time duration may be different. Flame for any day can be compensated for by recycling to another, but for the accounting period, the employee works out the relying norm.

All the nuances of the employee's activities should reflect the employment contract. Flexible working time mode (sample agreement) can be seen just below.

If the accounting is violated, the authorized person is administrative responsibility that the federal labor inspection authority imposes.

Before the working day begins, the employee must note the start of the shift. And after the completion of employment - the end of working time. Table lists should be in public access for employees for half an hour before the start of work and immediately after its end. An employer or authorized person must ensure control over the clarity of filling the tablelist.

If an employee has dismissed from the established working time, he must count for him.

Who fits

The labor agreement with the sliding schedule can be concluded with the manager, the marketer, the secretary, etc., the main thing is to understand how much such a schedule is appropriate.

For example, the sliding schedule will be convenient and the employee, and the employer, if the first has any other things, in addition to work. This includes study or part-time.

The replacement schedule was known since Soviet times, when the employer needed round-the-clock production, and the execution of labor duties rests on the physiological features of workers. Since a person cannot work a day and 7 days a week, a shift schedule was invented. And production does not stop, and employees have the opportunity to relax. Today it is widespread in factories, in medical institutions, in the fire service, in law enforcement agencies, etc.

The establishment of a flexible working time mode in the form of a free chart is well used in creative professions. It does not violate the legal aspect - both parties make an agreement on the execution of employment duties, and the employer itself does not overpay the employee during the time it does not work. Such a schedule may be approached by artists, designers, musicians, writers.

There are, of course, and such professions where the flexible schedule will be inappropriate. This includes organizations where special conditions Security or weak labor discipline. Also, the flexible schedule is not suitable for civil servants due to bureaucratic "hardness".

Nuances

Work in the mode of flexible working time is determined by mutual agreement of the two sides, namely: employee and employer. But there are categories of workers for whom schedule of the flexible working time mode Installed initially. The basis for this is federal or sectoral legislation. The list of works where a flexible schedule must be introduced due to special specifics is indicated in order No. 112 of the Ministry of Communications of the Russian Federation.

Also installed regulatory document For women who are in a position or having young children. And since it acts to this day, then they can be guided by 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 both indefinitely and for a certain period. For example, at the time of the school year or before reaching a child of a specific age (16 years or majority).

Pros and cons

Each schedule has both positive and negative sides. Therefore, choosing one or another schedule, the head and employee must focus on identifying possible benefits.

Consider the pros and cons of flexible schedule for employees. To positive aspects can be attributed:

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

Among the negative points should be allocated:

difficulties in the performance of labor obligations, if there is a need to interact with other employees working in such a schedule;
the lack of continuous control leads to postponement of important cases for an indefinite period;
no career growth.

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

For the employer, flexible mode of operation also bears the pros and cons. Positive sides:

increasing the degree of responsibility from workers due to the lack of constant control by the head, as well as an increase in the efficiency of the workflow and confidence in the head;
lack of problem situations with labor discipline Due to the blurring of the borders of working time (for example, free visit does not determine a clear time for the implementation of the workflow);
attraction to the workflow of high profile specialists due to the convenience of a similar type of graph.

TO negative moments You can attribute the following:

this schedule is not suitable for guidelines Due to the fact that the boss must be in the workplace full time to be able to solve production issues and control the workflow as a whole;
the presence of difficulties in controlling the unconditional time of the time and execution of the established amount of work, as well as tracking the quality of the execution of the assigned tasks;
increased costs when providing employees of the organization by means of communication and accounting of spent time.

In general, the head can win from the establishment of a flexible working regime, as the staff will stop thinking about early risks, think about finding and be able to aim to result. But the lack of control on the part of the leadership can lead to a decrease in labor productivity and the quality of work performed.

Relations between the employee and the employer are governed by the rules of the internal labor regulation (PVT) or if the working conditions of this employee differ from all other employees of this organization.

If there is a need to change the working time schedule, you need to know how to make these changes properly, depending on what document is prescribed.

Application for changing the schedule of work - the first step

If for family reasons or other reasons, it was necessary to change the work schedule, may ask for a manual with the help of a statement.

It is considered, after which the head structural unit will decide on agreement or refusal. The reasons for changing the schedule can be a lot:

Change of place of residence, as a result of which the employee has become harder to get to work.
The emergence of a child in the family. If a worker comes out of, it can agree with the leadership of new working conditions.
Changes in the material situation, because of which you have to look for partings, etc.

Changing the schedule is possible if there is no time for the employer at the workplace, but the result of labor.

For documentary New conditions The worker writes to change the work schedule, the sample includes the following information:

The document's header indicates the data of the organization's head, as well as the name and position of the employee. The name of the structural unit is indicated (if any).
After the name of the document, the employee fits the wording: "I ask you to change the mode of my working time" and indicates the previous and new mode. For example, a 5-day week for a duration of 40 hours is changing to an incomplete 5-day week with total duration Work 30 hours with a reduction in working day to 6 hours. The reason for changing the schedule is indicated.
It is not necessary to paint it in detail, usually an employee writes "on family circumstances" or "due to a change in place of residence", etc. Detailed reasons can be submitted to the immediate command of orally. The nature of the change in the schedule is indicated - temporary or permanent. If it is temporary, you need to specify the time of change of work.
There is a signature with decoding and the date of filling out the application.
The word "coordinated" is written below and indicate the data chief of the unit, which will agree on new working conditions.
If the employer has no objections, the statement is consistent, the data is transmitted to personnel service And in accounting.
After that, with the employee is drawn up, with the indication of the new working time.

Changing the work schedule on the initiative of the employer

Application for changing the schedule: Sample

Sometimes it becomes necessary to change the working schedule of employees of one unit or the entire enterprise. For example, production is translated into round-the-clock mode, and it is necessary to introduce new shifts, or part of the staff must be transferred to the work day through three. Naturally, such conditions may not like parts of employees, and it is necessary to correctly arrange documents on transferring to a new schedule or dismissal to avoid mutual.

According to the Labor Code of the Russian Federation, the employer is obliged to notify employees about the change in the work schedule for at least 2 months. You can make a collective notification and familiarize with him for painting or send personal notifications for each employee, indicating its new schedule. If someone refuses to put a signature under, this is drawn up with an act.

Compiled in duplicate, and on what the employer remains at the employer, it is necessary to make a mark on the personnel with the signature of the employee. This precaution allows you to avoid claims about late notification of employees about transfer to a new schedule.

In any case, the employer has no right to force employees to work on a new schedule. It is necessary to attract representatives of the trade union to its development, if it is in the enterprise. All changes in the rules of labor regulations should be coordinated with the head of the trade union or other body representing the interests of workers in the organization.

The employer publishes an order to transfer to a new schedule. If the employee agrees, he either put his signature in the order confirmation or writes an application for the name of the manual. After that, in two copies, an additional agreement is issued with a new schedule: one remains an employer, the second employee.

Is it possible to dismiss the employee when refusing?

Changing the schedule of work - not a reason for dismissal!

If the employee does not agree to new working conditions, the employer undertakes to offer him all the vacancies available at the enterprise corresponding to his qualifications. Vacant posts It must be offered only in writing, they all must be in this area.

If an employee does not suit any of the proposed vacancies, and he disagrees to work on a new schedule, it can be fired at Art. 77 TK RF (employee refusal from office due to changes in the employment contract). In this case, the company undertakes to pay him in the amount of two-week earnings.

Important: It is necessary to offer, including submissions, without this, dismissal will be found illegal, and the court will oblige to restore the employee in the workplace.

For proper design Documentation Translation of part of employees or the whole team to a new schedule will be held without problems and mutual claims of the employer and employees.

To learn how to make an employee working time mode, see Stock Footage:

Not all enterprises in view of the peculiarities of production or by virtue of other reasons can work in a clear schedule mode.

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That is why at the legislative level in order to expedient use of working resources and provides for the norm, in order to establish a flexible mode of hours of labor.

Concept and signs

As a rule, many companies and institutions work on the basis of a clearly established schedule. It provides 8-hour employment within 5 or six working days in accordance with Article 100 of the Labor Code of the Russian Federation.

At the same time, the weekend, as well as the duration and time of the provision of lunch breaks are established in local acts Enterprises, taking into account the norms of Article 108-111 of the Labor Code of the Russian Federation. That is, the company works according to a schedule with a clear distinction and an indication of hours of labor and a legitimate rest.

If the enterprise by virtue of the specifics has a round-the-clock working hours and replaceable graphics, the labor hours are still alternate with floating output. On the basis of Article 104 of the Labor Code of the Russian Federation in the company is carried out in order to respect the norm of spent hours in the order of execution of Article 91 of the Labor Code of the Russian Federation. But the lunch breaks with this chart are not provided. But on the basis of Article 108 of the Labor Code of the Russian Federation, management is obliged to provide an opportunity for recreation and eating during labor shift without prejudice to the manufacturing process.

However, in some cases, even with a clearly established schedule at the enterprise, temporary downtime may arise, allow for an hour or two during the change due to the increasing and decreasing activity of certain variables. At the same time, the staff will still be on the workplaces, and the agreed time will have to pay even in the absence of a really performed work amount.

It is in such cases that it is recommended to enter a flexible schedule of working time. It is based on the alternation of hours of labor and recreation of more extent than established in Labor Code RF with standard employment regime, but with the condition of observance of the norm of labor hours in accordance with Article.91 of the Labor Code of the Russian Federation.

That is, employees can work with several long breaks throughout the day and not even a full week, but at the same time the norm at 40 o'clock should be fulfilled.

Normative base

The order of the transition of the entire state of the company or one employee for flexible working hours is regulated by the norms of Article 102 of the Labor Code of the Russian Federation. It states that by virtue of the specifics of a separate company or the position of the working day, as well as the length of working hours, the presence of hours of recreation and the end of the shift can be established in coordination between the company's management and employees.

That is, with the aim of rational use and working time, and in possession of resources, as well as depending on the peculiarities of the industry, the so-called free work schedule can be established, but with the condition of production of 40 hours per week or the total norm of hours for the quarter or half.

Structure

Name flexible labor mode with a free schedule of visits can be very conditional. Even with such a routine of the day, the schedule has a clearly established composition of the time designed to perform direct duties and legitimate rest.

In particular, the flexible mode consists of:

A variable, which is a worker. But here the length of this period, the employee has the right to regulate itself depending on the specifics of imputed duties.
Fixed time. I.e installed watchDuring which all employees are required to attend the workplace.
The time of rest, which is mainly accounted for for breaks between variable labor time.

In this case, the composition of the working time should still be distributed in such a way as to perform the established norm of labor. Its accounting on the basis of local acts can be conducted and total per month or quarter.

Advantages and disadvantages

Any labor schedule has its advantages and disadvantages. Therefore, when choosing one or another employment schedule and the management of the company, and the staff themselves are guided by the ratio of benefits received.

For employee

Positive aspects	Negative moments
Ability to combine work activity with other types of employment	Difficulties when performing everyday tasks, if necessary, interaction with other specialists involved in the similar chart
The ability to personally regulate the volume of labor, which will exclude excessive loads or fatigue	In the absence of constant control, the inclination to postpone important orders for later
The ability to combine a dense, but free schedule with family duties, for example, care for a small child	Possible absence of career growth

That is, if the employee is organized, loves to work and aims to result, for him a flexible labor schedule will be more preferable. By virtue of its organization, he will be able to properly distribute the time of labor and recreation. If the employee is inclined to laziness or low-initially, a sliding schedule in mind the absence of control is not suitable for him.

For employer

Positive aspects	Negative moments
Increased responsibility levels in the absence of continuous monitoring and improving performance and confidence in management	Does not suit the leading composition in view of the need for a permanent presence in the workplace for solving production issues and control
Lack of problems with labor discipline due to the blurring of the borders of the beginning and end of the labor day	Difficulties are possible when monitoring the spent time and the work performed or the quality of the execution of entrusted tasks
Attracting qualified specialists who are interested in such a schedule of work in mind its convenience	Increased costs to provide employees with communications and accounting hours

That is, the company's management can benefit from the establishment of free graphics. After all, workers will cease to think about finding, morning rise, aiming for the result in a convenient work schedule. At the same time, no control, on the contrary, can negatively affect labor productivity and quality.

Options of modes

The basis of a flexible schedule is not just a free visiting method, but a clear system of labor regime, divided into the following types:

Sliding, which has a clear distinction between labor and recreation, but differs from the standard work week. At the same time, the schedule approved by the regulations of local acts and may have the following sequence: 2 working days with 8-hour shifts, two days off, 3 workers, three weekends, etc.
Free, which is based on the lack of a clear temporary framework of a workplace visits. But S. mandatory condition About the development of the standard standards of working hours.

Who is installed?

The initiator of the use of a flexible schedule can any of the parties in view of certain circumstances.

For example, an employee may be interested in such a chart with a small child or study at the university. And the employer - for the purpose of the rational distribution of working hours, if the activity of labor activity depends on external factors.

What documents are fixed?

As a rule, labor mode at the enterprise is fixed in the following local acts:

in the rules governing the inner routine, including the mode;
in the contract drawn up collectively;
in a treaty on mutual cooperation between the parties.

However, if the labor mode is subject to change, after receiving an employee or be entered individually, this issue It will be reflected only in and in which changes will be approved.

In the rules of the internal labor regulation

The rules are the main document governing the company's activities:

the procedure for employment, applications and grounds for the termination of legal relations;
conditions for performing imputed duties, namely, improving the development, replacing missing employees or work over the norm;
labor mode, as well as rest in accordance with the norms of Article 108 of the Labor Code of the Russian Federation;
the procedure for granting and sizes of benefits or compensation.

In a collective agreement

The federal legislation stipulated not only the basic rights and a list of mandatory guarantees for workers, but also the right to the employer to establish additional benefits to employees, based on the opportunities of the enterprise, with the condition that the rules adopted will not worsen the position of the employee in comparison with the current legislation.

And to establish such conditions is just designed. It fulfills the role of an additional local act with a list of benefits or terms of cooperation of the parties. In particular, it was in the agreed document that the condition may not be agreed on the procedure for the introduction of a flexible labor regime.

In labor agreement

In each cooperation agreement, the work regime is negotiated initially, regardless of how registered in the previous employment regime, changes will have to be made.

How is the work done in flex work time?

As a rule, the initiator of the establishment of a flexible labor schedule is becoming an employee who, due to some external circumstances, needs free time, and not in a strictly established framework. For example, a woman who left before the deadline may need interruptions for feeding babies. And in the order of Article 258 of the Labor Code of the Russian Federation, such periods of time can be taken only every three hours lasting until half an hour, which is not always convenient.

Or the employer may encounter the problem of labor at different times of the day, which is relevant for musicians, liquidators of the consequences or private detectives. Therefore, for the uniform distribution of working time, depending on the specifics of labor, the company will be transferred to a new schedule in accordance with the procedure established by law.

Restrictions

Of course, have a free schedule of work - the dream of many employees, however, in some situations, the personal presence in the workplace is simply necessary.

For example, to participate in meetings, meetings with customers or development and approval new program. That is why, with flexible schedule, a certain period of time is always envisaged during which the employee is obliged to attend the company. This is the limitations of this type of labor schedule.

How is it installed? Stages

Given that the introduction of a flexible work schedule provides not only to establish new hours of labor, but also writing. Taking into account the norms of the law, this procedure is produced in several stages.

Documentary support

If the initiator is an employee, then an application is filed with a proposal to make changes to labor hours, on the basis of which an order is formed. After its signing, the addition is drawn up with an indication of the date of entry into force of the new labor schedule.

An example of a statement:

If the initiator is the leadership, the introduction of changes is made in the order of Article 74 of the Labor Code of the Russian Federation and in several stages.

To begin with, the leadership is submitted to a report or a report from the head of the department or manager with an analysis of any problem, as a result of which an enterprise bears losses.

Suppose, losses may be caused by the fact that orders for attracting employees come at different times, which is relevant for musicians. Accordingly, for the rational use of employees and in order to avoid payment of over urching hours, it makes sense to establish a flexible labor schedule, thus reducing the cost of payment fund.

Based on the reported report, an order is already published. It indicates that in two months, another mode of operation will be introduced for a certain circle of employees and they should notify them.

Notification (sample):

Order of the introduction (sample):

At the end of the two-month period, another order is published. It approves a list of employees, a new mode of operation, as well as the date of entry into force of this document.

And already on the basis of the published administrative document is made up. But this is done only if the modes change will be constant or act with respect to a particular employee.

Application example:

In case the sliding schedule is provided as a temporary measure, for example, for several months, the supplies are not. The parties interact on the conditions prescribed in the order.

Based on Article 91 of the Labor Code of the Russian Federation at each enterprise, they are obliged to lead the operating hours table regardless of labor regime.

Accordingly, with flexible mode, the tabel is also conducted, but it is more complicated to fill it. It is necessary to rely on the sincerity of the employee who himself will indicate the hours of hours or at the marks of visits, which makes the arrival and care of employees.

And, nevertheless, even with the daily filling of this document, the normalizer must be remembered that the employee is obliged to work out the established norm.

Consequently, labor and rest mode will need to be corrected already in the process of labor in order to avoid overpayments and violations of the law.

Financial issues and payment

Even with flexible schedule, the employee is guaranteed a salary payment in the amount specified in local acts, but only subject to the performance of the clocks established by law.

Also, in accordance with the Labor Code of the Russian Federation, employees have all benefits and guarantees established by this act. That is, when working out the norm, the worn is obliged to pay full.

In case the employee is brought to work outside the installed schedule, it is also guaranteed:

payment of overtime hours;
double compensation for labor on weekends;
with a reduction - the transfer of benefits.

Application for pregnant women and women having children

There is a regulatory act for women who are in position or have small children.

The decision of the State Statistics Committee of the USSR No. 170 / 10-101 approved the procedure and deadlines for the introduction of the flexible time mode for the agreed category.

This act is not canceled and acts so far, respectively, they can be guided by the establishment of a special work regime for women who need a balance between working time and family obligations.

Accounting

Far from each enterprise there is a turnstile or a passage, in small institutions the presence of workers by the beginning of the working day is generally considered to be granted.

Therefore, with the introduction of a flexible work schedule how to establish real hours of work, many managers do not know.

To solve this problem, it is more expedient to enter the log of working hours of working hours with the obligation to make data on spent periods at least weekly for the subsequent preparation of the tablel and adjusting the spent time in accordance with the norm.

Establishing for a partner

According to Article 284 of the Labor Code of the Russian Federation, the length of the compatibility change should not exceed 4 hours. But in the legal weekend at the main place of employment, the category of workers can work and complete shift.

Also in the agreed article it is said that the production rate for part-in-room should be only half of the monthly norm. Accordingly, this watch can be completely distributed in the order of a flexible schedule in such a way as not to violate the law.

How paid holidays?

In accordance with the norms of the law, on worker with any employment schedule, the norms of the Labor Code of the Russian Federation are fully applied.

Accordingly, if an employee fulfills his duties and on a festive day, the work is obliged to compensate for him in a double size in accordance with Article 153 of the Labor Code of the Russian Federation.

Examples

For example, a regular ensemble of musicians of the house of culture can perform in the evening, and on holidays, but the schedule of performances will not install for a year, as the team will work at the invitation in other concert halls. At the same time, musicians will need to allocate time for rehearsals, which can also proceed different times depending on the complexity of the work under study.

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