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

As a rule, the working time schedule provides for five (six) working days and two (one) days off. However, for selected categories employees allow the use of flexible working hours. In the article, we will tell you what regulates the flexible working time regime, what documents are needed when it is established, and consider other issues that arise when such a regime is applied.

Working hours include the following elements:

- duration working week(five-day with two days off, six-day with one day off, working week with flexible days off, part-time working week);

- work with irregular working hours for certain categories of workers;

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

- start and end time of work;

- time of breaks in work;

- alternation of working and non-working days;

- the number of shifts per day.

In this case, the working hours are established by the rules of the internal work schedule... For employees with individual working hours, such conditions are included in the employment contract.

Note that strictly defined professions, positions for which flexible work time, labor legislation does not highlight. At the same time, some normative acts adopted to regulate certain areas provide for the possibility of establishing such a regime.

The need to introduce a flexible working time regime may be due to the peculiarities of the performed labor function or subjective circumstances in the life of the employee.

It should be borne in mind that the transfer to a flexible working time regime should be preceded by thorough preparatory work to substantiate the possibility and feasibility of its use in a particular unit or at the workplace, organizing the recording of working hours, making the necessary organizational and technical changes to the forms and methods of labor organization.

According to the Recommendations, the flexible working time regime is a form of organization of working time, in which for individual employees or collectives of enterprise units it is allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day. In this case, full working off of the statutory total number of working hours during the accepted accounting period (working day, week, month, etc.) is required.

In other words, the flexible working time regime is that the employee, in agreement with the employer, determines the working time, while it can be distributed unevenly in the calendar period (week, month, quarter).

Flexible working hours are regulated by Art. 102 of the Labor Code of the Russian Federation. Wherein practical issues regulated, in particular:

— collective agreement;

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

- an employment contract.

Note that the condition on a flexible work schedule after its inclusion in the employment contract becomes its essential component, the change of which is possible only by agreement of the parties to the contract or in the manner provided for in Art. 73 of the Labor Code of the Russian Federation to change essential conditions employment contract... In addition, the regulation of flexible work in the above documents should not contradict the provisions of the Labor Code of the Russian Federation (on the maximum working time, on overtime, etc.).

We also remind you that flexible working hours can be set:

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

- both for a certain period and indefinitely, - since the legislation does not provide for restrictions on the establishment of such a regime. However, when working in a shift mode, we still do not recommend introducing a flexible schedule: this can disrupt the workflow.

Two questions arise: will the working hours change with the establishment of flexible working hours and how will this affect the remuneration?

Based on the content of Art. 102 of the Labor Code of the Russian Federation, the parties to an employment contract can use various options for working in a flexible schedule. The duration of the working time in this case may remain the same, only the time of the beginning and end of the working day will change, and it can also be determined specific hours when the employee must be present at the workplace. We repeat that the employee is obliged to work out the established norm of working time. Other working hours may also be established by agreement of the parties. If at the same time a defect occurs on some days, then it is compensated by longer work on other days.

With regard to wages, it remains unchanged. Also, the establishment of a flexible schedule does not affect the provision of social benefits and guarantees to the employee.

Flexible hours for women with children

This category of employees should be highlighted, since when regulating labor relations they should be guided by the Decree of the USSR State Committee of Labor and the Secretariat of the All-Union Central Council of Trade Unions of 06.06.1984 N 170 / 10-101 "On the approval of the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children" (hereinafter referred to as the Decree).

The use of flexible (flexible) working hours for female 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 for childcare, it is not possible to work according to the usual schedule established in the institution.

However, please note that in accordance with clause 2.2 of the Resolution, a rolling (flexible) work schedule can be established both without a time limit, and for any period convenient for the employee (until the child reaches a certain age, for the period of the school year, etc.).

Note! Women who enjoy the right to a sliding (flexible) work schedule can also work according to the generally established schedule (paragraphs 3.4, 5.1, 5.3 and 5.4 of the Resolution).

In addition, remember the maximum total working time per day (no more than 10 hours) and the time spent in the institution from the beginning to the end of work (shift), including unpaid breaks 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 apply to fathers raising children without a mother, as well as to guardians (trustees) of minors.

How to keep track of working hours?

As a rule, working hours are recorded by the heads of departments and (or) the personnel department of the institution. In this case, the most different methods and means of its accounting. Someone makes entries in special cards or journals, and someone uses individual time counters or stram-clocks.

By general rule when establishing a flexible schedule, the accounting of working time is kept in the time sheet according to the unified form T-13, which is filled in according to following rules: in the upper lines of column 4, an alphabetic ("I") or numeric ("01") code is put down opposite the surname of the employee, and the duration of work in this mode is indicated in the lower lines.

According to the norms of the current labor legislation, the employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, etc. - part 2 of article 102 of the Labor Code of the Russian Federation). Working hours are recorded according to the rules of Art. 104 of the Labor Code of the Russian Federation as a summarized accounting.

One of the significant circumstances characterizing the flexible working time regime is the type of its accounting. Determination of the accounting period is necessary to ensure that the employee fulfills the norm of working hours. Once again, we draw your attention to the fact that the procedure for recording the working time of a person performing labor duties in a flexible working schedule is established by agreement of the parties to the employment contract.

There are several types of accounting of working time, thanks to which the total working out is provided:

- day laborer (the employee must work the norm of hours during calendar day);

- weekly (introduced if it is impossible to ensure the working out of the norm of working hours by an employee during a calendar day);

- monthly (introduced if it is impossible to ensure the total working hours of the employee during the calendar week).

And an accounting period lasting more than one month is introduced if it is impossible to ensure the total working hours during a calendar month.

For your information. The use of a weekly or monthly accounting period in a flexible schedule implies working out the norm of working hours, respectively, within a week or a calendar month.

Here we will also clarify the elements of flexible working hours. These include, in particular:

- fixed time - when the employee must be at the workplace;

- variable (flexible, sliding) - this is the time of the beginning and end of the working day (shift), within which the employee has the right to start and end work at his own discretion;

- a break for meals and rest (its duration is not included in working hours).

However, it should be remembered that when performing work outside the institution (business trip, participation in meetings, etc.), flexible working hours are not applied. In this case, the accounting of working hours is carried out as in the normal operating mode (clause 5.4 of the Recommendations). For example, an employee on a business trip must work according to the schedule of the enterprise to which he is seconded.

How do I pay for overtime and weekend work?

Engaging in overtime work at the initiative of the employer is regulated by Art. 99 of the Labor Code of the Russian Federation. At the same time, as a general rule, overtime payment is made at the end of the accounting period after the calculation of overtime hours in an increased amount: for the first two hours - at least one and a half amount, for the next hours - at least double the amount (Article 152 of the Labor Code of the Russian Federation, p. 5.5 Recommendations). At the same time, overtime work, at the request of the employee, can be replaced with additional rest time, but not less than the time worked overtime.

Weekends and holidays with a flexible work schedule, they are paid according to the norm of Art. 153 of the Labor Code of the Russian Federation, that is:

- employees whose work is paid at daily and hourly wage rates - in the amount of at least double daily or hourly tariff rate;

- to employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or a non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double the rate (part of the salary) in excess of the salary, if the work was performed in excess of the monthly norm ...

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

For your information. Labor legislation does not establish a period during which the employer is obliged to provide the employee with a day of rest, respectively, it should be determined by agreement of the parties.

Note that when calculating overtime hours, work on holidays performed in excess of the working time norm is not taken into account, since it has already been paid in double amount (clause 4 of the Clarification of 08.08.1966 N 13 / P-21 "On compensation for work in holidays ", approved by the Resolution of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions N 465 / P-21).

Rules for the design of flexible working hours

At the very beginning, we already mentioned the documents that govern the application of flexible working hours. At the same time, employees must be sure to familiarize themselves with the possibility of using such a schedule.

If, when applying for a job, the working hours of the applicant differs from the general rules in force with the employer, then this condition is fixed in the employment contract, and is also reflected in the order of employment. The line "Conditions, nature of work" indicates: "Flexible working hours, accounting period".

If the need to establish a flexible working time regime arises after the conclusion of an employment contract, then a additional agreement.

On page 42, we provide a sample of how to fill out a supplementary agreement to an employment contract.

Supplementary Agreement No. 1
to the employment contract dated 01.10.2012 N 105

FSI "Vympel", hereinafter referred to as "Employer", represented by director Oleg Nikolaevich Kochnev, on the one hand, and laboratory assistant Anna Arkadyevna Lyutina, hereinafter referred to as "Worker", on the other hand, have entered into this agreement as follows:

- Make the following changes to the employment contract dated 01.10.2012 N 105:

- Section No. 3 "Working hours and rest hours" shall be supplemented with clause 3.4 in the following edition:

"3.4. For the period from 01.04.2013 to 30.09.2013, the employee is set to a flexible working time regime with a part-time working week of 24 hours.

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

3.4.2. From 10.30 to 12.00 and from 14.00 to 15.30 a fixed time is set for the employee (mandatory presence at the workplace).

3.4.3. Break for rest and meals - 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 of work is set from 15.30 to 18.00 ".

- Supplement section No. 3 "Working hours and rest hours" with clause 3.5 as follows:

"3.5. Introduce the summarized accounting of working hours in the period from 01.04.2013 to 30.09.2013.

3.5.1. Set the accounting period - one month. "

- Amendments to the employment contract defined by this agreement come into force on 01.04.2013.

- This supplementary agreement is an integral part of the employment contract, drawn up in two copies with equal legal force. One copy is kept by the Employer, the second - by the Employee.

Received a copy of the supplementary agreement

______________________________ "__" ___________ 2013

(employee signature (legible) (date of receipt)

On the basis of the signed supplementary agreement to the employment contract, an individual employee's work schedule is drawn up. Let us clarify that its compilation is optional. Then an order is issued on the introduction of a working time regime for a specific employee or for an entire unit.

An example of how to fill out a work week schedule is on page 43.

Day of week

Start time

End time of work

Mandatory attendance time

Lunch break time

Monday

The employer has the right to develop the form of the order on the introduction of the working time regime for a specific employee or for an entire unit independently.

On page 43, we provide a sample of how to fill out an order establishing a flexible working time regime.

Federal State Unitary Enterprise "Vympel"

Order

About establishing

working hours

I order:

1. Install from 04/01/2013 to 09/30/2013 laboratory assistant Lyutina A.A .:

1.1. Flexible working hours with part-time working week, duration 24 hours.

1.2. Four-day work week - Monday, Tuesday, Wednesday, Thursday; days off - Friday, Saturday, Sunday.

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

1.4. Break for rest and meals - from 13.00 to 13.45.

2. Considering that in the implementation of A.A. Lyutina. the labor function cannot be observed the established daily and weekly working hours, enter in accordance with Art. 104 of the Labor Code of the Russian Federation, summarized accounting of working hours, starting from 01.04.2013.

2.1. Set the accounting period - one month.

As of: 13.02.2012
Magazine: Everything for HR
Year: 2012
Author: Minibaev Ural Fagimovich
Topic: Documents of the personnel service, Other modes of working time
Rubric: Have a problem? Here is the solution

    Document templates
      An employment contract with the establishment of a flexible working time regime Employee's application for the establishment of a flexible working time regime Supplementary agreement for the establishment of a flexible working time regime Order for the establishment of a flexible working time regime for the employee

    Regulations

      1. Labor Code Russian Federation(extract) 2. Recommendations on the application of flexible working time regimes at enterprises, institutions and organizations of the branches of the national economy, approved. Resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 05/30/1985 No. 162 / 12-55 Labor contract with the establishment of a flexible working time regime

We were looking for an employee for a responsible position for a long time. Finally found! He is a specialist. We just do not have enough of them: both experience and knowledge from him. We are afraid to miss, we are ready to agree to any of his conditions ... but with one thing we doubt. He asks to establish flexible working hours for him. Nobody works with us on a flexible schedule, and frankly speaking, we have no idea what it is. From what is written in the Labor Code of the Russian Federation, very little is clear at all. So we hesitate. Please tell us more about the flexible working hours. And if there is nothing “scary” in it for the employer, then how to correctly establish such a regime for the employee?

Your worker, of course, is a sly one! Few people dare to dictate their conditions from the doorway ... But since he is a really highly qualified specialist and you badly need him, and his persistence does not bother you, we will try to resolve the situation. So, let's begin.

Flexible working hours (hereinafter - GDV) is a mode of operation in which 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; hereinafter - the Labor Code of the Russian Federation). Agree, "not a lot" ...

To understand the peculiarities of the GDV regime, let us turn to the Recommendations on the application of flexible working time regimes at enterprises, institutions and organizations of the branches of the national economy, approved. Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 05/30/1985 No. 162 / 12-55 (hereinafter referred to as Recommendations).

According to the Recommendations, the GDV regime is a form of organization of working time, in which it is allowed for individual employees or collectives of enterprise divisions (within certain limits) to self-regulate the beginning, end and total duration of the working day.

Simply put, work in the GDV mode allows the employee to determine the time of arrival and departure from work on his own, provided that he must be present at work at a certain fixed time during the working day and at the same time fully work out the standard of workers established for him hours for the accounting period (week, month, etc.). At the same time, remember that it is the employer's responsibility to ensure that the employee works out the total number of working hours during the relevant accounting period (part 2 of article 102 of the Labor Code of the Russian Federation).

The options for constructing flexible working time schedules may differ depending on the accepted accounting period, the time characteristics of each of the constituent elements of the regime, as well as on the conditions for their application in various structural divisions (in specific positions).

What constituent elements of the GDV regime should you consistently agree with the employee about?

Step 1 Determine the length of the reference period.

Depending on the length of the accounting period, the following main options for flexible working hours are possible:

1. An accounting period equal to a working day, when its duration is fully worked out on the same day.

2. An accounting period equal to the working week, when its duration, established in working hours, is fully worked out during the week.

3. An accounting period equal to the working month, when the monthly norm of working hours is fully worked out in a month.

KEEP IN MIND

Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 05/30/1985 No. 162 / 12-55 has not been canceled to date. However, it should be remembered that in accordance with Art. 423 of the Labor Code of the Russian Federation legislative and other regulatory legal acts the former USSR acting on the territory of the Russian Federation are applied insofar as they do not contradict the Labor Code of the Russian Federation

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

Part 1 of Art. 102 of the Labor Code of the Russian Federation proposes by agreement of the parties to determine the start time and end time of the working day (shift).

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

With a weekly accounting period, the length of the working day (shift) during the week may vary at the discretion of the employee, however, the working week must be fully worked out.

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

YOU MUST KNOW IT

Accounting period - a period of time (month, week, etc.) during which the employee must work the established norm of working hours. The accounting period cannot exceed one year

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

Establishing the GDV mode for the employee does not reduce the value of his wages(provided that he fully fulfills the time limit), and also does not affect the provision of social and labor benefits and guarantees to him. Those working in flexible working hours can be involved in overtime work in the same manner and on the same conditions as other employees (Article 99 of the Labor Code of the Russian Federation)

In this case, the parties agree on the time of mandatory attendance at the workplace and the total duration of the working day (shift). Thus, the length of the working day may be different, but agreed in advance by the parties.

This version of the GDV regime, in comparison with the first (when the accounting period is more than one working day), provides the employee with less freedom to choose the independent regulation of his working time. In this case, flexibility for the employee will be manifested only in different start and end times of the working day (shift), which the employee has the right to choose at his own discretion. The GDV mode as a way of organizing working time is advisable in those jobs where it is necessary due to the special nature of labor, in which the intensity of labor is not the same. At the same time, it is not prohibited to take into account the personal interests of the employee himself (household, social, family, etc.) as a basis for applying the GWR regime. Currently, the GDV regime is also used as a way to retain valuable workers.

EXAMPLE

Accounting period - working day

In this case, the employee, at his discretion, can start working in the interval from 8:00 to 11:00 and end the working day, respectively, in the time interval from 17:00 to 20:00, subject to the obligatory work by him 8 hours during the working day.

The possibility of using the GDV regime can be provided for in the Internal Labor Regulations, with which employees must be familiarized by the employer against signature (Article 100 of the Labor Code of the Russian Federation).

In the event that such a regime is established for the employee individually, that is, it differs from the general rules in force for the employer, this condition is enshrined in his employment contract (Articles 57, 102 of the Labor Code of the Russian Federation).

Please note: the GDV regime can be established by agreement between the employer and the employee both when hiring (example 1) and in the process of labor relations.

IMPORTANT!

The flexible working time clause included in the Employment Contract upon its conclusion may subsequently be changed only by agreement of the parties.

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

If the work schedule changes after the conclusion of the employment contract, then this change is recorded in the supplementary agreement to the employment contract (example 3), which comes into force from the moment specified by the parties in the agreement. In full accordance with the concluded agreement, an order is issued to establish the GDV regime for the employee (example 4).

THIS IS USEFUL TO KNOW

Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 06.06.1984 No. 170 / 10-101 approved the Regulation on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children

Summary

The GDV regime gives the employee the right to independently determine the start, end time or the total duration of the working day (shift), provided that the established norm of working hours for a certain accounting period has been fully worked out. The flexible working time clause must be properly formalized. If there is an appropriate agreement between the parties, this can be done both when concluding an employment contract and in the process of labor relations.

Not every organization, due to certain peculiarities, can work in the conditions of the established schedule. In this regard, the legislation provides for a flexible working hours. This nuance must be indicated in the employment contract. Let's take a look at the main features of flexible scheduling.

Definition

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

If the organization has adopted such a regime, then during the accounting period, the set working hours must be worked out 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 must be at the workplace at set hours);
  • break (time allotted for food and rest, which is not included in the general working interval);
  • accounting period (a certain period during which the hours established by law must be worked out).

The regime of flexible working hours in the employment contract should clearly define the type of accounting period. It can be equal to:

  • working day;
  • working week;
  • working month.

Views

Flexible working hours are divided into three types:

  1. Sliding. An employee who works on such a schedule has a standard time in the labor agreement. It should work like everyone else, but with floating hours. Example: An employee arrives at work a few hours earlier than everyone else, but also leaves a few hours earlier.
  2. Free. The schedule assumes free visits, not tied to time. Suitable for people of creative professions.
  3. Shift. A work schedule in which the performance of duties is divided into shifts. A good example are nurses or doctors.

In flexible working hours, the beginning is determined by the terms of the contract or supplementary agreement. And the duration labor activity is regulated by the schedule of the institution.

Where is fixed

Most often, flexible working hours are fixed in the following local documents:

  1. The rules that govern internal routine... It reflects: conditions of employment, availability probationary period, grounds for dismissal, conditions for the performance of imputed duties, work and rest hours, grounds for providing compensation.
  2. Collective agreement. This document is intended to establish a list of guarantees for employees, as well as negotiate the terms of cooperation between the parties.
  3. Contract of employment. A flexible working time schedule is mandatory in the employment contract. It is entered initially, regardless of what the previous schedule was.

If, after hiring a citizen for work, his working conditions, including the mode of activity, 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 just needs to be at the workplace. For example, to attend a meeting or meet with an important client. This is why the flexible schedule provides for a certain time when the employee must be at his workplace.

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

Registration

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

If an employee is the initiator, then he needs to write a statement about changing the work schedule and indicate at what hours he can work, indicating the break time. An order is issued on the basis of this statement. After signing administrative document a supplementary agreement to the main employment contract must be drawn up. It indicates the change in the work schedule. The supplementary agreement begins its effect from the moment of its signing.

If the change in the 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 the higher management, where the situation is analyzed and problems identified, due to which the organization incurs losses. For example, they can arise if the time of employees is used inappropriately. And in order not to overpay for overtime hours, it is advisable to change the existing work schedule to flexible. Thus, the costs of paying salaries will be reduced.

Based on the memo, an order is issued. It should indicate that the flexible working time regime is established after two months for specific employees. About what they should be notified in a timely manner.

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

If the flexible schedule is temporary, it is optional. The parties work and interact on the basis of the conditions that are spelled out in the order.

In order to approve flexible working hours, the order, a sample of which is proposed below, must be brought to the employees' signature.

Payment

Even if an employee has a flexible schedule, he is still entitled to guaranteed salary payments in the amount established by local acts. But this condition is fulfilled only if the clock rate, which is established by law, is observed.

According to the Labor Code, employees are entitled to all benefits, compensation and guarantees. In other words, if the norm is worked out, then the employee is obliged to receive a salary. In the event that an employee is involved in work beyond the established time, the employer must guarantee him:

  • overtime pay;
  • double compensation for performance of work duties on weekends;
  • payment of benefits in case of reduction of the state.

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

The flexible working time regime in the employment contract provides for overtime payment and performance of duties on weekends. this work regulated by article 99 of the Labor Code. In this case, payments for hours worked are made at the end of the accounting period after they are counted. So, for the first few hours of processing, the payment is not less than one and a half amount, for the next hours of processing - at a double rate.

Also reward for overtime work can be replaced with additional rest time. This fact is negotiated with the employee, and the given time cannot be more than actually worked out in excess of the norm.

Weekends and holidays, if they are included in the 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 the amount of at least the daily or hourly rate, provided that it is performed within the boundaries of the monthly norm of working hours, and in the amount of double the rate if the norm is exceeded.

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

For the information of employees, it should be said that the legislation does not establish the time frame when the employer must provide time off instead of payment. Therefore, this fact must be determined by agreement of the parties.

How to keep records

The law provides for the obligation of employers to take into account the actual hours worked by their employees. The main document confirming the fact of employment is called a timesheet.

Since the flexible working hours in the employment contract is spelled out as a separate clause and fixes specific amount hours set for working by an employee, then it is this time that should be displayed in the report card.

There are two types of accounting:

  1. Not summarized. This view includes either daily or weekly accounting.
  2. Summarized.

Daily accounting is applicable when an employee has the same working day 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 set temporary norm. It is equal to 40 hours established by law.

When accounted for cumulatively, the length of time may be different. The shortfall for one day can be compensated for by processing on another, but during the accounting period the employee fulfills the due norm.

All the nuances of the 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 inspectorate.

Before the working day begins, the employee must mark the beginning of the shift. And after the end of the labor activity - the end of the working time. Timesheet should 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 that the timetable is clearly completed.

If the employee deviates from the established working hours, he must be credited with absenteeism.

Who suits

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

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

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 all 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 widespread in factories, in medical institutions, in the fire department, in law enforcement agencies, etc.

Establishing flexible working hours in the form of a free schedule is well applied 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 he does not work. Such a schedule can be suitable for artists, designers, musicians, writers.

There are, of course, some professions where flexible hours would be inappropriate. This can include organizations where there are special conditions safety or poor work discipline. Also, a flexible schedule is not suitable for civil servants because of the bureaucratic "clumsiness".

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 installed initially. The basis for this is federal or industry legislation. The list of works, 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.

Also installed normative document for women in position or with small children. And since it is valid to this day, it can be guided by both the employee and the employer.

The use of flexible hours should ensure that the woman has an optimal balance 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, during the school year or until the child reaches a specific age (16 years of age or majority).

Advantages and disadvantages

Each work schedule has both positive and negative sides. Therefore, when choosing a particular schedule, the manager and the employee should focus on identifying possible benefits.

Let's take a look at the pros and cons of flexible working hours for employees. The positive aspects include:

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

Among the negative points should be highlighted:

  • difficulties in fulfilling labor obligations, if there is a need to interact with other employees working in a similar schedule;
  • 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, a flexible work schedule also has both pros and cons. Positive sides:

  • an increase in the degree of responsibility of employees due to the lack of constant control from their superiors, as well as an increase in the efficiency of the work process and trust in the manager;
  • no problem situations with labor discipline due to the blurring of the boundaries of working hours (for example, free attendance does not define 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.

TO negative aspects include the following:

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

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

The relationship between the employee and the employer is governed by the internal labor regulations (ICP) or, if the working conditions of this employee differ from all other employees of this organization.

If it becomes necessary to change the working time schedule, you need to know how to correctly draw up these changes, depending on which document the schedule is spelled out.

Schedule Change Application - Step One

If for family reasons or other reasons it becomes necessary to change the work schedule, you can ask the management about this by means of an application.

It is considered, after which the head structural unit will decide whether to agree or refuse. There are many reasons for changing the schedule:

  • Change of place of residence, as a result of which it became more difficult for the employee to get to work.
  • The appearance of a child in the family. If the employee leaves, she can agree with the management about new working conditions.
  • The change financial situation, because of which you have to look for part-time jobs, etc.

Changing the schedule is possible if the employer does not care about the time of being at the workplace, but the result of work.

For documenting new conditions, the employee writes to change the work schedule, the sample includes the following information:

  • The head of the document indicates the data of the head of the organization, as well as the full name and position of the employee. The name of the structural unit (if any) is indicated.
  • After the name of the document, the employee enters the wording: "I ask to change the mode of my working time" and indicates the previous and new mode. For example, a 5-day week of 40 hours is changed to an incomplete 5-day week from total duration work 30 hours with a reduction in the working day to 6 hours. The reason for the change in the schedule is indicated.
  • It is not necessary to describe it in detail, usually the employee writes "For family reasons" or "In connection with a change of residence", etc. Detailed reasons can be stated to the immediate superiors orally. The nature of the change in the schedule is indicated - temporary or permanent. If it is temporary, you must indicate the time period for changing the working hours.
  • A signature with a decryption and the date of filling in the application are put.
  • Below they write the word "Agreed" and indicate the data of the head of the department, who will agree on the new working conditions.
  • If the employer has no objection, the application is agreed, the data is transferred to personnel service and to the accounting department.
  • After that, it is drawn up with the employee, indicating the new working time.

Changing the work schedule at the initiative of the employer

Schedule Change Application: Sample

Sometimes it becomes necessary to change the work schedule of employees of one department or the entire enterprise. For example, production is transferred to a round-the-clock mode, and it is necessary to introduce new shifts, or some of the employees need to be transferred to work after three days. Naturally, some of the workers may not like such conditions, and it is necessary to correctly draw up documents on transfer to a new schedule or dismissal in order to avoid mutual ones.

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

They are drawn up in duplicate, and on what remains with the employer, a mark of delivery with the signature of the employee must be put. This precautionary measure avoids claims of late notification of employees about the transfer to the new schedule.

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

The employer issues an order to transfer to a new schedule. If the employee agrees, he either puts his signature in the order with confirmation of consent, or writes a statement addressed to the management. After that, an additional agreement with a new schedule is drawn up in duplicate: one remains for the employer, the second for the employee.

Can an employee be dismissed in case of refusal?

Changing the work schedule is not a reason for dismissal!

If the employee does not agree to the new working conditions, the employer undertakes to offer him all the vacancies available at the enterprise that correspond to his qualifications. Vacant positions should only be offered in writing, they should all be located in the given area.

If an employee is not satisfied with any of the proposed vacancies, and he does not agree to work according to the new schedule, he can be dismissed under Art. 77 of the Labor Code of the Russian Federation (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 weeks' earnings.

Important: it is necessary to offer, including lower-ranking positions, without this the dismissal will be recognized as illegal, and the court will oblige to reinstate the employee in the workplace.

At correct design documentation, the transfer of part of the employees or the entire team to the new schedule will take place without problems and mutual claims of the employer and employees.

To find out how to arrange the working hours of employees, watch the video:

Not all enterprises, in view of the peculiarities of production or for other reasons, can work in the regime of a clear schedule.

Dear Readers! The article talks about typical solutions legal issues but each case is different. If you want to know how solve your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

That is why at the legislative level, with the aim of the rational use of labor resources, a norm is provided in the order of which it is possible to establish a flexible regime of working hours.

Concept and signs

Typically, many companies and institutions work on a well-defined schedule. It provides for 8-hour employment for 5 or six working days in accordance with Article 100 of the Labor Code of the Russian Federation.

At the same time, days off, as well as the duration and time of providing lunch breaks, are established in the local acts of the enterprise, taking into account the norms of Articles 108-111 of the Labor Code of the Russian Federation. That is, the company works according to a schedule with a clear delineation and indication of hours of work and legal rest.

If the enterprise, by virtue of its specifics, has a round-the-clock work schedule and shift schedules, the working hours still alternate with floating days off. On the basis of article 104 of the Labor Code of the Russian Federation, the company is carried out in order to comply with the norms of hours worked in the manner of execution of article 91 of the Labor Code of the Russian Federation. But lunch breaks are not provided with such a schedule. But on the basis of Article 108 of the Labor Code of the Russian Federation, the management is obliged to provide an opportunity for rest and eating during a work shift without prejudice to the production process.

However, in some cases, even with a clearly established schedule, the enterprise may experience temporary downtime, say, for an hour or two during a shift due to the increasing and decreasing activity of certain variables. At the same time, employees will still be at their workplaces, and the agreed time will have to be paid even in the absence of a really completed amount of work.

It is in such cases that it is recommended to introduce flexible working hours. It is based on the alternation of hours of work and rest of a greater length than established in the Labor Code of the Russian Federation for a standard mode of employment, but with the condition of observing the norm of hours of work in the manner of Article 91 of the Labor Code of the Russian Federation.

That is, workers can work with several long breaks during the day and even not a full week, but at the same time they must fulfill the 40-hour quota.

Normative base

The procedure for the transfer of the entire staff of the company or one employee to flexible working hours is regulated by the norms of Article 102 of the Labor Code of the Russian Federation. It states that, due to the specifics of a particular company or position, the beginning of the working day, as well as the length of working hours, the availability of hours of rest and the end of the shift can be established by agreement between the management of the company and employees.

That is, for the purpose of rational use of both working time and resources in the possession, as well as depending on the specifics of the industry, it is possible to establish the so-called free work schedule, but with the condition of generating 40 hours per week or the total rate of hours per quarter or six months.

Composition

Calling a flexible working regime a free visiting schedule can be very conditional. Even with such a daily routine, the schedule has a clearly established composition of time intended for performing immediate duties and legal rest.

Specifically, a flexible regime consists of:

  • Variable time, which is working time. But the length of this period, the employee has the right to regulate himself, depending on the specifics of the imputed duties.
  • Fixed time. That is set hours during which all employees are required to be present at the workplace.
  • Rest time, which mainly occurs during breaks between variable working hours.

At the same time, the composition of the working time must still be distributed in such a way as to fulfill the established labor standard. Its accounting on the basis of local acts can be kept in total for a month or quarter.

Advantages and disadvantages

Any work schedule has its own advantages and disadvantages. Therefore, when choosing a particular schedule of employment, both the management of the company and the employees themselves are guided by the ratio of the benefits received.

For an employee

Positive aspects Negative points
The ability to combine work activity with other types of employment Difficulty completing daily tasks when interacting with other professionals on a similar schedule
The ability to personally adjust the volume of work performed, which will eliminate excessive loads or fatigue In the absence of constant monitoring, the tendency to postpone important assignments for later
The ability to combine a busy but free schedule with family responsibilities, for example, caring for a small child Possible lack of career development

That is, if an employee is organized, loves to work and is result-oriented, a flexible work schedule will be more preferable for him. By virtue of his organization, he will be able to correctly distribute the time of work and rest. If the employee is prone to laziness or little initiative, a rolling schedule due to lack of control will not work for him.

For the employer

Positive aspects Negative points
Increasing the level of responsibility among employees due to the lack of constant control and increasing efficiency and trust in management Not suitable for the management team in view of the need for a constant presence at the workplace to resolve production issues and exercise control
No problems with labor discipline due to blurring of the boundaries of the beginning and end of the working day Difficulties are possible in monitoring the time worked and the volume of labor performed or the quality of execution of assigned tasks
Attracting qualified specialists who are interested in such a work schedule due to its convenience Increasing costs to provide employees with communication and tracking tools

That is, the management of the company can benefit from the establishment of a free schedule. After all, employees will stop thinking about being late, getting up in the morning, aiming at the result in a convenient work schedule. At the same time, the lack of control, on the contrary, can negatively affect labor productivity and quality.

Mode options

At the heart of a flexible schedule is not just a free visit method, but a clear system of work regimes, subdivided into the following types:

  • Sliding, which has a clear distinction between work and rest time, but differs from the standard work week. At the same time, the schedule is approved by the norms of local acts and can have the following sequence: 2 working days with 8 hour shifts, two days off, 3 working days, three days off, etc.
  • Free, based on the absence of a clear time frame for visiting the workplace. Nose a prerequisite on the development of a standard norm of working hours.

Who is installed?

Any of the parties can initiate a flexible schedule due to certain circumstances.

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

In what documents is it fixed?

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

  • in the Rules governing the internal order, including the regime;
  • in a collective agreement;
  • in an agreement on mutual cooperation between the parties.

However, if the working regime will be subject to changes after the employee is hired or will be introduced individually, this question will be reflected only in and in, which changes and will be approved.

In the Internal Labor Regulations

The rules are the main document governing the activities of the company:

  • the procedure for employment, application and grounds for termination of legal relations;
  • conditions for fulfilling the imputed duties, namely, increasing production, replacing absent employees or working in excess of the norm;
  • work schedule, 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 the amount of benefits or compensations.

In the Collective Agreement

Federal legislation stipulates not only basic rights and establishes a list of mandatory guarantees for workers, but also gives the employer the right to establish additional benefits for employees, based on the capabilities of the enterprise, on the condition that the adopted norms will not worsen the employee's position in comparison with the current legislation.

And it is intended to establish such conditions. It plays the role of an additional local act with a list of benefits or conditions for cooperation between the parties. In particular, it is in the agreed document that a condition on the procedure for introducing a flexible labor regime can be stipulated.

In the employment contract

In each agreement on cooperation, the labor regime is initially stipulated, regardless of how it was spelled out in the previous employment regime, changes will have to be made.

How is flexible working time formalized?

As a rule, the initiator of the establishment of a flexible work schedule is an employee who, due to some external circumstances, needs free time, and not within a strictly established framework. For example, a woman who leaves early may need breaks to feed her baby. And in accordance with Article 258 of the Labor Code of the Russian Federation, such periods of time can be taken only every three hours, up to half an hour, which is not always convenient.

Or the employer may be faced with the problem of the appearance of the volume of labor at different times of the day, which is important for musicians, liquidators of consequences or private detectives. Therefore, for an even 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, having a free work schedule is the dream of many employees, however, in some situations, personal presence at the workplace is simply necessary.

For example, to attend meetings, meet with clients, or develop and approve new program... That is why, with a flexible schedule, there is always a certain period of time during which the employee must be present in the company. This is precisely the limitation of this type of work schedule.

How is it installed? Stages

Considering that the introduction of flexible working hours provides not only the establishment of new hours of work, but also the writing. Taking into account the norms of the law, this procedure is carried out in several stages.

Documentary support

If an employee is the initiator, then an application is submitted with a proposal to amend the working hours, on the basis of which an order is formed. After signing it, an additional agreement is drawn up indicating the date of entry into force of the new work schedule.

Example of a statement:

If the initiator is the leadership, amendments are made in accordance with Article 74 of the Labor Code of the Russian Federation and in several stages.

To begin with, a report or a memo from the head of the department or manager with an analysis of any problem is submitted to the management for consideration, as a result of which the enterprise incurs losses.

Let's say that losses can be caused by the fact that orders for attracting employees are received at different times, which is important for musicians. Accordingly, for the rational use of employees' labor and in order to avoid being paid in excess of regular hours, it makes sense to establish flexible working hours for them, thus reducing the costs of the payroll fund.

On the basis of the submitted report, an order is already being issued. It states that in two months a different working regime will be introduced for a certain circle of employees and they must be notified of this.

Notice (sample):

Introduction order (sample):

At the end of the two-month period, another order is issued. It approves the list of employees, the new working regime, as well as the date of entry into force of this document.

And already on the basis of the issued administrative document, an additional agreement is drawn up. But this is done only if the changes in the regime will be permanent or act in relation to a specific employee.

An example of an additional agreement:

If a rolling schedule is provided as a temporary measure, for example, for several months, no additional agreement is concluded. The parties interact on the terms prescribed in the order.

On the basis of Article 91 of the Labor Code of the Russian Federation, each enterprise is obliged to keep a time sheet of hours worked, regardless of the working regime.

Accordingly, in the flexible mode, the timesheet is also maintained, but it is more difficult to fill it out. You have to rely on the sincerity of the employee, who himself will indicate the hours worked or the marks of the visit log, in which the arrival and departure of employees is recorded.

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

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

Financial issues and payment

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

Also, in accordance with the Labor Code of the Russian Federation, employees are entitled to all the benefits and guarantees established by this act. That is, when the standard is developed, the worker must be paid in full.

In the event that an employee is hired outside the established schedule, he is also guaranteed:

  • overtime pay;
  • double compensation for weekend work;
  • when abbreviated - the transfer of benefits.

Application for pregnant women and women with children

Exists normative act and for women who are in a position or have small children.

In the Decree of the State Statistics Committee of the USSR No. 170 / 10-101, the procedure and terms for the introduction of a flexible time regime for a specified category are approved.

This act has not been canceled and is still in effect, so it can be guided by the establishment of a special work regime for women who so need a balance between working time and family obligations.

Accounting

Not every enterprise has a turnstile or a checkpoint; in small establishments, the presence of workers at the beginning of the working day is generally taken for granted.

Therefore, when introducing flexible working hours, many managers do not know how to set real working hours.

To solve this problem, it is more expedient to introduce a working hours log with the obligation to enter data on the hours worked at least weekly for the subsequent compilation of the timesheet and adjusting the hours worked in accordance with the norm.

Establishing for a part-time job

According to Article 284 of the Labor Code of the Russian Federation, the length of a part-time shift should not exceed 4 hours. But on legal days off at the main place of employment, this category of workers can work a full shift.

Also in the stipulated article it is said that the production rate for part-time workers should be only half of the monthly rate. Accordingly, it is quite possible to distribute these hours in a flexible schedule so as not to violate the law.

How are holidays paid?

In accordance with the norms of the law, the norms of the Labor Code of the Russian Federation apply to the worker with any schedule of employment in full.

Accordingly, if an employee performs his duties on a holiday, he must be compensated for his labor in double the amount in accordance with Article 153 of the Labor Code of the Russian Federation.

Examples of

For example, the staff ensemble of musicians of the House of Culture can perform in the evenings and on holidays, but you cannot set a schedule of performances for a year, since the team will work by invitation in other concert halls. At the same time, the musicians will need to allocate time for rehearsals, which can also take different times, depending on the complexity of the work being studied.

 

It might be helpful to read: