home Social media How to reflect a flexible work schedule in an employment contract, sample document. We establish a flexible work schedule Individual work schedule for a specific employee

How to reflect a flexible work schedule in an employment contract, sample document. We establish a flexible work schedule Individual work schedule for a specific employee

Labor relations, as is known, are regulated by the norms of the Labor Code. Among the main terms of the contract between the employer and the employee is established work schedule. Chart type depends on the specifics of work activity.

General classification

There are the following types of work schedules according to the Labor Code of the Russian Federation:

Normal mode

He is considered main type of work schedule. The normal mode depends on the employee time tracking system installed at the enterprise. That is, they distinguish work schedules by type of time:

Daily.
Weekly.
With summarized time accounting.

Characteristics

An enterprise can install one of the following types of work schedules according to the Labor Code of the Russian Federation:

Daily 5-day work with 2 days off.
Daily six-day work with 1 day off.
Working week with days off on a rotating schedule.

These regimes are provided for in Article 100 of the Labor Code. In Art. 104 of the Code provides for the possibility of applying summarized time tracking at an enterprise.

In practice, daily shifts are called single shifts.

Summarized accounting

It involves taking into account a longer period than a day or a week. Such a system provides more than just time measurement. Summarized accounting is considered a specific form of organizing labor activity. The minimum duration of work is a month, the maximum is a year.

The essence of accounting is that the duration of work during the day for a period on average is equal to the norm. Such a system is provided for at enterprises where, due to the specifics of their activities, other types of work schedules(eg daily or weekly) cannot be set. At the same time, the duration of time for performing professional tasks should not exceed the standard for the accounting period.

Summarized accounting can be weekly, quarterly, annual, monthly. This is often used type of schedule in construction work organized on a rotational basis at transport enterprises.

The maximum duration of a shift with such time accounting is not limited by law. In practice, it ranges from 8 to 12 hours.

Irregular mode

This system of organizing labor activity provides for the employer’s ability to periodically involve employees in performing duties outside the normal working hours. The list of relevant positions is fixed by a collective agreement or internal regulations of the enterprise.

The peculiarity of this type of work schedules is that the employee is subject to the general regime established in the organization, but at the request of the manager may be delayed to perform duties beyond the shift. A citizen can also be called to the enterprise before the start of his shift.

Important point

It is necessary to take into account that with an irregular schedule, employees can only be involved in the performance of those duties that are specified in the employment contract. This means that the employer cannot oblige the employee to perform other work, including outside the normal working hours.

Article 60 of the Labor Code expressly prohibits requiring an employee to perform duties that are not specified in the contract.

Job categories

As mentioned above, not all employees can be subject to irregular employee work schedule. Kinds positions may be provided not only in a collective agreement or work regulations, but also in industry, regional and other regulatory documents.

An irregular schedule may apply to persons:

Technical, administrative, economic, management personnel.
The labor activity of which cannot be taken into account in time.
Distributing their working time at their own discretion.
The schedule of which is divided into parts of indefinite duration.

Duties of the parties

It must be said that when applying the provisions of Article 101 of the Labor Code, the employer does not have to obtain consent from either the employee or the trade union to engage in work beyond the standard duration. This right is initially stipulated in the employment contract.

The employee, in turn, cannot refuse to perform his duties on an irregular schedule. Otherwise, his actions will be regarded as a gross disciplinary offense.

The establishment of an irregular regime, however, does not mean that employees will not be subject to the provisions of the Labor Code on norms of rest and work time. In this regard, their involvement in work activities beyond the shift duration determined for them can only be carried out sporadically.

Additional leave

Due to the fact that with an irregular schedule, certain overtime occurs in excess of the standard length of the day, the Labor Code, as some compensation, establishes the possibility of employees receiving additional leave. Its duration is determined in the collective agreement or rules of procedure. Leave is paid and provided annually.

If such a vacation period was not provided, with the written consent of the employee, overtime is counted as overtime.

The conditions and rules for providing paid additional leave for employees of organizations financed by federal, regional, and local budgets are established by the Government, authorities of constituent entities or territorial self-government, respectively.

Sliding work schedule

This type of work mode was introduced in the 1980s. At first it was applied to women with dependent young children. Over time, this system spread to other workers.

Flexible mode - type of work schedule, in which individual employees or department teams are allowed to independently regulate the start, end and total duration of a shift. In this case, it is necessary to fully work out the total number of hours established by law for a specific accounting period.

The key feature of flexible mode is that it type of work schedules are established by the employer and the employee by agreement not only when hiring, but also in the process of carrying out activities. However, it can be set for a specific period or determined without specifying a period. The agreement reached between the parties is confirmed by an order.

Features of application

A flexible mode is used when others are inappropriate or ineffective due to various reasons (domestic, social, etc.). Often it allows for more coordinated team activities.

However, the use of flexible mode is inappropriate for continuous production and shift work schedules (their types can be installed in both discontinuous and continuous production), if there are no free places at the shift junctions.

The flexible mode can be used for both a five- and six-day week, as well as for other modes. At the same time, the conditions for rationing and payment of wages do not change. The conditions for providing benefits, accrual of length of service, and other rights are also preserved. It must be said that the registration of work books is carried out without mentioning the mode of labor activity.

Components of a flexible schedule

To use this mode you must install:

Periods at the beginning and end of the day within which an employee can begin and end work at his own discretion.
A fixed period during which an employee must be at work. In terms of its duration and significance, this part of the day is considered the main one.

A fixed period allows for the normal flow of the production process and service interactions. In this case, as a rule, the enterprise sets a break for food and rest. He usually divides his working time into 2 approximately equal parts.

The specific duration of flexible schedule elements is determined by the enterprise.

Working hours

The types of sliding work schedules vary depending on the established accounting period in the organization, the time characteristics of the elements of the regime, and the conditions of their use in a particular department.

The maximum permissible length of the day (with a 40-hour week) does not exceed 10 hours. In some cases it can be within 12 hours.

Prerequisites

To apply a flexible mode, the enterprise must establish a clear system for recording the time worked by employees and their completion of production tasks. In addition, control over the most complete and rational use of time by each employee in both fixed and flexible periods must be ensured.

It should be noted that the use of this regime is regulated by several regulations. For example, the Order of the Ministry of Communications approved a list of employees for whom a flexible schedule may be provided.

Shift mode

It involves working in 2, 3, 4 shifts during the day. For example, an enterprise may have three 8-hour shifts. In this case, employees perform production tasks in different shifts over a certain period of time (a month, for example).

Such a schedule is introduced at the enterprise if the duration of the production cycle exceeds the norm for the duration of daily work. The purpose of the shift mode is to increase the efficiency of use of equipment, volume of products, and services.

When using such a schedule, each team of workers must complete production tasks during the established shift duration. For example, staff work 8 hours in a five-day week. The schedule determines the order in which an employee moves from one shift to the next. It can either be drawn up as a separate local document or act as an annex to the main agreement.

The shift schedule must reflect the requirements of Article 110 of the Labor Code on providing staff with continuous weekly rest of at least 42 hours. Inter-shift (daily rest) must be no less than double in the shift preceding the rest. The law does not allow working two shifts in a row.

Employees must be familiar with the schedules for 1 month. before they are put into effect. Failure to comply with this requirement is regarded as a violation of the right of workers to timely information about changes in their working conditions.

The shift schedule can be day, night, or evening. A shift in which at least 50% of the time is spent at night is considered a night shift.

Shift method

This is a special form of organizing work activities outside the place of residence of personnel. The rotation method is used if, due to the nature of their work, employees cannot return home every day.

This mode is used to reduce the period of construction, reconstruction, and repair of social and industrial facilities in uninhabited, remote areas, and in regions with special climatic conditions.

The specificity of the rotational method is that the personnel are accommodated in rotational camps - complexes of structures and buildings used to provide rest and vital functions for personnel.

Duration of work on a rotational basis

A shift is a general period that includes the time of work and inter-shift rest in the village. The shift can be 12 hours daily. In general, the duration of the shift cannot be more than 1 month. However, by agreement with the trade union, it can be increased to three months.

With the shift method, a summary record of time is kept for a month, quarter, or a longer period, but not more than for a year. The accounting period covers all time of work, travel to the location of the enterprise and back, and rest. The total working time should not exceed the normal number of hours provided for in the Labor Code.

Fragmented day

The division of the day into parts is regulated by Article 105 of the Labor Code. As a rule, a fragmented schedule is introduced at enterprises engaged in serving the population, passenger transport, communications, and in trade organizations.

The division of the working day is carried out by the employer in accordance with local regulations adopted taking into account the opinion of the trade union.

The law does not establish the number of parts into which a day can be divided. As a rule, it is divided into 2 equal periods with a two-hour break. It is not paid. It is also possible to establish a greater number of breaks.

For time worked under a split schedule, employees receive additional pay.

Application for change of working hours - sample may be approved by local acts of the enterprise. We will tell you how to correctly compose a document in this article.

How can I change my working hours?

Art. 91 of the Labor Code of the Russian Federation defines working time as the period during which an employee performs his official duties. In Art. 100 of the Labor Code of the Russian Federation states that the regime can be established both in internal labor regulations, a collective agreement, and in the employee’s employment contract (as a rule, if it has special features).

The procedure for changing it depends on the document in which the working time regime is fixed. In this regard, there are 2 ways to update the mode:

at the initiative of the employer;

at the initiative of the employee.

If the first option involves making a decision unilaterally with mandatory notification to the employee and in compliance with all procedures and deadlines established by labor legislation, then the second option assumes the desire of the employee, which is expressed in filing an appropriate application and subsequent discussion of the working conditions with the head of the enterprise.

Below we will look at the procedure for drawing up an application that must be written to an employee in order to change the work schedule.

Application for change of working hours

The employee has the right to take the initiative and notify the employer by writing a statement that he needs to change the work schedule. Such a desire can be caused by various circumstances, for example, the illness of a close relative, etc.

Let's look at the step-by-step preparation of the application:

In the upper right corner the name of the employing organization and the details of its head are indicated. Below you need to write the employee’s position and his full name.

The word “statement” is written in the center.

The text of the document must indicate the employee’s goal related to adjusting the work regime. Therefore, it is advisable to begin the main part of the application with the phrase “I ask you to change my work schedule.” Next, the current mode is indicated and a new schedule option is proposed. The reason for the changes must be stated below. If it is assumed that innovations will be temporary and associated with the occurrence of some event, it is advisable to indicate this fact.

Next, the employee puts his signature, its transcript and date.

After reading the application, the employer can agree with the proposals or reject them. If the issue is resolved positively, the document is stamped with an “Agreed” visa, and it is transferred to the HR department for further processing of the change procedure. An additional agreement is drawn up to the employee’s employment contract on the introduction of a work schedule other than that provided for in the organization. If the employer refuses to change the working hours, the parties can discuss this issue in more detail and come to a compromise.

A sample application for changing working hours can be found on our website.

Individual operating mode: pros and cons

Aminov Vladimir, General Director of ABS-Consult LLC

All employees of the organization are subject to internal labor regulations. But there are cases when it is more convenient to set an individual operating mode. For example, if an employee due to personal circumstances cannot be at work all day or all week. Or when it is important for an employer that an employee be present at the workplace only during certain hours. Is this type of labor regime beneficial for the company? What difficulties can you encounter when establishing an individual work schedule and drawing up an appropriate work schedule?

What is an individual regime?

The Labor Code does not establish the concept of “individual work schedule”. It most often refers to a flexible working time regime (it is called flexible, sliding or free). This regime means that an employee can regulate the start and end time of work or the total duration of the working day (shift) by agreement with the employer (Article 102 of the Labor Code of the Russian Federation).

Under a flexible regime of flexible working hours, as a rule, a summarized accounting of working hours is established to ensure that the required number is worked out in the accounting period (Articles 102, 104 of the Labor Code of the Russian Federation).

The part-time working regime, which is established for individual employees upon hiring or subsequently at their request (Article 93 of the Labor Code of the Russian Federation), can also be considered an individual regime, unless, of course, for some reason it does not apply to the entire team of the organization*. Individual regimes include work from home (Chapter 49 of the Labor Code of the Russian Federation), established for one or more employees for their personal reasons or if such a regime is convenient for the employer. The advantages and disadvantages of each of these modes are presented in the table on page 36.

Advantages and disadvantages of individual operating modes

Advantages

Flaws

Flexible (sliding, free) mode (Article 102 of the Labor Code of the Russian Federation)

Convenient in cases where the employer is not interested in the process, but in the result of the work (creative workers)

There is a need to keep a summary record of working time, to strictly record the start and end times of the employee’s working day every day.

(Articles 102, 104 of the Labor Code of the Russian Federation)

The efficiency of workers increases because they choose their own convenient working hours

Although the beginning, end or total duration of the working day (shift) is determined by agreement of the parties (Article 102 of the Labor Code of the Russian Federation), the employment contract may not stipulate specific hours of arrival at work (leaving work), but for example, it is said that the employee must arrive no later than 14.00 and the total duration of the working day is fixed.

Accordingly, an employee can come at 11.00, 12.00, etc. This circumstance reduces control over the work of employees

The motivation and loyalty of employees increases, since this regime means improved working conditions, employees regard it as a sign of special trust

Part-time work (Article 93 of the Labor Code of the Russian Federation)

Convenient when an employee’s presence at work all day is not required (a cleaning lady, a visiting accountant, a legal adviser, etc.)

As a rule, the amount of work performed by an employee who previously worked a regular eight-hour shift is reduced.

Allows the employer to reduce wage costs, since they are calculated in proportion to the time worked or the amount of work completed

Home work (Chapter 49 of the Labor Code of the Russian Federation)

Convenient when the presence of an employee at the workplace is not required

Operational monitoring of employee performance is practically impossible

Convenient when the employer cares not about the process, but about the result of the work (creative workers)

There is a need to develop a system of piecework wages, if the company has not used it before

Convenient for those positions and jobs that do not require special equipment or conditions (home telephone operator)

Allows the employer to save on organizing workplaces

In addition, a combination of different working modes for one employee, for example, flexible working hours and part-time working hours, is also recognized as an individual regime.

You can see the options for individual modes in specific situations in the table on page 37.

Options for individual modes in different situations

Situation

Option

The employee performs his duties during the absence of other employees or before their arrival (maintenance personnel, repairmen, etc.)

Part-time work with an individually set work schedule (for example, for a cleaner - from 06.00 to 08.00, for a cook - from 08.00 to 12.00)

A woman wants to work until the end of her maternity leave, but does not have the opportunity to go to work full time

– Part-time work with an individually set work schedule (for example, from 09.00 to 13.00);

– part-time work with a flexible schedule (for example, the hours of mandatory attendance at work are 10.00–11.00, the total work time is 4 hours, and the start and end time of work is at the discretion of the employee);

– home work (Article 256 of the Labor Code of the Russian Federation)

The employee is a full-time student at an educational institution and can only work at certain times.

Part-time work with an individually established work schedule, tailored to the curriculum (for example,

An employee can only work in his free time (study, other work, personal matters)

Part-time work plus flexible working hours (for example, compulsory hours of attendance at work are 16.00–17.00, total work time is 5 hours, and the start and end time of work is at the discretion of the employee)

An individual regime means a change in working conditions, therefore it is established by agreement between the employee and the employer (Article 72 of the Labor Code of the Russian Federation). The diagram on page 38 will help you determine what documents need to be completed and what actions to take.

Flexible mode: what's the catch?

The main disadvantage of this regime is the difficulty of recording time worked, since the employee is given some freedom to decide when to start and finish work**. For example, a “floating” start time has been set - from 09.00 to 11.00. On Monday the employee arrived at 9.30, on Tuesday at 10.50, and on Wednesday at 11.00. He, of course, has every right to do this, but how, in this case, can he establish the exact number of hours worked per day (week, month)? Only by strictly recording the employee’s arrival and departure times every day. Are you ready to keep such records if you do not have a turnstile? If you are not ready, do not rush to say “yes” to a staggered schedule, otherwise you risk facing abuse and shortcomings on the part of the employee.

Flexible mode is only suitable for workers who can organize their work independently

But sometimes flexible working hours can be more convenient than standard working hours. We are talking about employees who often need to leave the workplace, and do not need to spend the whole day there. These are real estate and insurance agents, sales and customer service managers, and couriers. Agents’ salaries (or part of them) are often piecework in nature, that is, they depend on the number of contracts concluded. Therefore, accurate recording of their working time is not as important as for employees whose work values “the process itself,” for example, accountants, office managers, and sales consultants.

Routine or schedule?

It is necessary to clearly distinguish between the concepts of “working mode” and “work schedule”. They are not identical. If the first is working conditions (a broader concept), then the second is the schedule for going to work (a narrower concept, an element of the work regime). Article 100 of the Labor Code speaks specifically about working modes, such as part-time work, irregular working hours, shift work, and flexible working hours. In case of shift work, a shift schedule is drawn up, and in case of flexible working hours, a flexible schedule is drawn up (for example, “Individual work schedule of S.A. Sviridov”).

Who benefits from part-time work?

Part-time work is usually requested by employees who, for some reason, cannot be present at work all day (all week). Remember that the law defines cases when this regime is mandatory, even if it is not suitable for the employer: at the request of a pregnant woman, one of the parents of a child under 14 years of age, an employee who must care for sick family members, etc. (Art. 93 Labor Code of the Russian Federation).

As a rule, part-time work, set individually and for personal reasons, is beneficial only to the employee. However, if there are no objections from the employee, you can create a work schedule so that time losses will be small.

Part-time work does not reduce the duration of the employee’s annual leave and does not entail restrictions on his length of service and other rights (Article 93 of the Labor Code of the Russian Federation).

The Labor Code does not establish standard working hours under this regime. Therefore, a part-time working day (if a full-time one is eight hours long) can be considered, for example, a day lasting 6 or 7 hours. As for a part-time working week, for it to be considered as such, it is enough to establish one additional day off (for example, Friday during a “five-day work week”).

Do not forget that if you individually set additional days off for an employee and recorded this regime in his employment contract, work on such days is considered work on weekends. It is paid double (Article 153 of the Labor Code of the Russian Federation).

What are the dangers of working from home?

Young mothers with small children often work at home***, as well as employees whose work is not about the process, but about the result: translators, IT specialists, creative workers (journalists, artists, designers, etc.). Home work (also called remote work, freelancing) can be a good option for labor relations with out-of-town employees who do not have the opportunity to move. The disadvantage of home working is that the employee cannot be controlled. Accordingly, it is difficult to identify and eliminate shortcomings in the work process. Therefore, give the homeworker assignments in advance, taking into account time for revision.

There is one more aspect: homeworkers “fall out” from the workforce, lose their official connections, qualifications, and ability to quickly resolve work issues. Such an employee will require an adaptation period if he wants to return to normal work in the organization.

If you decide to organize an employee to work from home, remember a few important rules. Firstly, it is necessary to stipulate in the employment contract that the work is home-based. Secondly, determine the procedure for interaction between a homeworker and the employer, deadlines for completing tasks and other necessary conditions (Article 310 of the Labor Code of the Russian Federation). Thirdly, it is allowed to dismiss a homeworker on the grounds provided for in the employment contract (Article 312 of the Labor Code of the Russian Federation). That is, in addition to the general grounds for dismissal listed in Article 77 of the Labor Code, additional conditions can be introduced into the contract with a homeworker. For example, for systematic violation of established deadlines for completing tasks. Or due to a long-term lack of demand for manufactured products, if a home worker was hired to produce any goods.

Colleague's comment

Galia IZMAKOVA, Head of the HR Department of Risar LLC (Republic of Tatarstan, Kazan):

– If you decide to establish a flexible regime for an employee, you should not give him complete freedom and determine only the start and end time of the working day, otherwise he will not appear in the office at all. While providing a certain freedom of coming and going, give the employee a strict but objective time frame for submitting work results. Set fixed working hours in your schedule, that is, hours of mandatory presence at the workplace. This is just a recommendation*, but its importance cannot be overestimated: fixed time will make it easier for you to track working hours, and will help the employee not to relax and maintain the necessary work connections. Do not forget that the schedule must reflect a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours (Article 108 of the Labor Code of the Russian Federation). This break usually divides the fixed time roughly in half. The start time and duration of the break must be established by agreement between the employee and the employer.

*Clause 2.1. “Recommendations for the application of flexible working time regimes at enterprises, institutions and organizations in sectors of the national economy” (approved by Resolution of the USSR State Committee for Labor No. 162 and the Secretariat of the All-Union Central Council of Trade Unions No. 12-55 of May 30, 1985).

* For information on how to transfer an organization’s staff to part-time work when organizational or technological working conditions change, read in No. 4 and 5, 2009.

** For more information on how to set up flexible working hours for an employee, read No. 9, 2005.

*** Read more about the organization of home work in No. 1, 2006.

How to reflect a flexible work schedule in an employment contract, sample document

Not all employees are able to easily come to work at the appointed time and quickly get involved in the work process. The performance of certain categories of employees directly depends on the performance of job duties at “convenient” hours.

An alternative to a standard working time schedule is the introduction of a flexible schedule, which has advantages and disadvantages for the employee and the employer.

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

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

Article 102. Working in flexible working hours

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

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

In practice, three types of flexible scheduling are used:

sliding (floating)- for a specific employee, the start and end times of the working day are shifted while maintaining its duration.

Free- due to the specifics of the profession, the employee independently determines the time and mode of work.

Shift- employees perform job duties in alternating shifts - day and night, morning and evening.

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

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

The Appendix to Order No. 112 of September 8, 2003 of the Ministry of the Russian Federation contains a list of professions in the field of communications and information, the specifics of which make it necessary to introduce flexible working hours.

To streamline the work process, a flexible schedule is divided into elements:

fixed time- daily intervals required to be present at the workplace;

variable time- independently determined by the employee (convenient starting and ending hours of the working day);

meal break- the right to food, variability or constancy of the lunch break enshrined in Article 108 of the Labor Code of the Russian Federation is based on an agreement between the employer and the employee.

Article 108. Breaks for rest and food

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

Procedure for recording time worked

According to Article 104 of the Labor Code of the Russian Federation, with a flexible schedule, a summarized record of actually worked time is kept, for which one of the methods is selected:

daily- standard labor hours per calendar day;

weekly- norm per week;

monthly- number of hours of work per month.

Establishing an accounting period of more than 1 year is prohibited by the same article of the Labor Code of the Russian Federation.

Recording and recording of each employee’s working time is carried out by specialists from the HR department or timekeeping service using the T-13 form based on the data received. The collection of information about the start and end times of employees’ working day is organized by the management of the enterprise in the form of:

entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles;
for persons carrying out entrepreneurial activities without forming a legal entity, from one thousand to five thousand rubles;
for legal entities from thirty thousand to fifty thousand rubles.

Article 192 of the Labor Code of the Russian Federation provides for disciplinary sanctions for an employee who does not properly fulfill the duties assigned to him, in the form of a reprimand, reprimand and dismissal.

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

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

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

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

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

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

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

Flexible working hours

Flexible working hours are not very popular among employers, but are generally very popular with employees. Find out when flexible working hours are needed, how to set them up and how to pay for them.

Read our article:

Flexible working time regime according to the Labor Code of the Russian Federation

The concept of flexible working hours is defined in Art. 102 Labor Code of the Russian Federation.

The beginning, end or total duration of the working day under this regime are regulated by agreement of the parties. And the employee can work the required amount of time over a longer accounting period.

Download documents from the article:

The accounting period can be either a day, a week, a month, or longer periods of time. It all depends on the specific agreements between the employee and the employer.

The flexible working time regime (GW) is a special case of summarized recording of labor time. With such accounting, as a rule, they resort to enlarging periods - quarter, half-year, year (Article 104 of the Labor Code of the Russian Federation).

Exceeding the limit of 1 year is not allowed, and for employees working in harmful and dangerous conditions - 3 months. During the established period, the time worked should not exceed the standard hours established by the code.

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When is flexible working time required?

It is not advisable to apply flexible working hours at all enterprises and for the entire team. After all, many types of work require presence on site from 9 to 18. This practice is most often resorted to by companies that employ employees of creative professions and those who can work on a computer remotely.

The most advanced companies have recently begun to use “open office”, which means that the employee is not assigned a specific workplace. There is a single space, with seats that anyone can occupy.

The employee spends most of his time outside the office, appearing at work when it is convenient for him, or at a set time for planning meetings, meetings, and submitting reports. This method of organizing working time is used by those companies for which the result of the work done is important, and not its process.

Since all team members do not appear in the office at the same time, there is no need to maintain a large number of workstations and, as a result, huge offices. And this is a significant saving not only on rent, but also on the maintenance of premises.

The staff receives:

sufficient savings in time and money spent on trips to the office,
more comfortable work schedule,
opportunity to do your own thing during working hours,
work where it is convenient for him and as much as is really required to complete the task.

At the same time, the company has a well-motivated, loyal employee and savings on the maintenance of work space. But not everything is so rosy; with such a system, control over employees is lost, it is difficult to keep track of actual time worked, and there are employees who are not able to control themselves. And this leads to failure to meet deadlines and obligations to customers.

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How to set up flexible working hours

Flexible working hours are a regime that can be established both during employment and during the labor process. At the same time, everything is very clear with the employment process, all agreements are written down in the employment contract, nothing is required except a signature.

The introduction of GDV at the work stage is a more complex process, depending primarily on its initiator. Since working hours are a key condition of the contract, the entire procedure will take at least 2 months. And its first stage will be to notify the employee.

Step 1 . Initiating change

If an employee initiated the introduction of GDV, he submits an application requesting a change in the regime. It indicates the period for which the changes are being made and the expected work schedule. The application can be submitted either to the immediate supervisor or to the personnel department, and adjustments can take effect the very next day (on the day specified in the application).

If the initiator is the employer, the procedure will take significantly longer. Notification of a change in regime is sent to the employee 2 months before the proposed changes are introduced. It is drawn up in writing in 2 copies and on the copy of the company you must receive confirmation of delivery and the employee’s decision.

Step 2. Additional agreement

The further steps are the same regardless of the initiator of the changes. The basis for further changes is the additional agreement to the employment contract.

All new conditions must be specified in the agreement:

date of modification;
new work schedule;
the period for which it is introduced.

The additional agreement to the employment contract is drawn up in 2 copies, one for the employee, the other for the company.

Order on the introduction of flexible working hours

After signing the agreement, an order must be issued. The text of the order must reflect the essence of the agreement with the employee. It is drawn up in any form on the employer’s letterhead. It is worth indicating not only the new work regime, but also the accounting period.

Flexible working hours in an employment contract

Reflection of GDV in an employment contract is similar to the principle of reflecting such a condition in an additional agreement. The agreed conditions are reflected in the “Working and rest time” section.

All conditions must be agreed upon with the candidate before signing the contract. In this case, you will not have to make changes to an already signed document.

It is important to indicate in the contract not only the required hours of work and the expected schedule, but also the period for which it is established. If such a period is not specified, then the regime must be used on an ongoing basis.

If the GDV is used for a specific group of personnel and is specified in the company’s PVTR, it is permissible not to separately describe it in the contract, providing a link to the Rules.

Example of a flexible work schedule in an employment contract

Accounting period - working day

Start of the working day (in hours)

Fixed time (in hours)

End of working day (in hours)

Break for rest and food (in hours)

The employee must work (in hours)

Here an employee can start working between 8:00 and 11:00. Accordingly, he can finish the day in the time interval from 17:00 to 20:00, subject to mandatory work for 8 hours during the day.

Remuneration for flexible working hours

The amount of an employee’s earnings on GDV is determined in proportion to the time worked. Payment can be made either on a monthly tariff rate or on an hourly basis.

With an hourly rate, everything is simpler. How many hours you worked, how much salary you received. Whereas with a monthly salary, it is worth taking into account the monthly hours. It is necessary to draw up individual work schedules for each worker, in which the norm is determined. It is worth considering that the maximum duration of the accounting period cannot exceed 1 year.

"HR service and personnel management of the enterprise", 2007, N 11

Often, an employer needs to provide a specific employee with an individual work schedule that is different from the work schedule of all employees of the organization (or a certain category of employees). An organization can do this either voluntarily (in order to attract valuable personnel “from outside” or to offer the right employee a convenient schedule) or compulsorily (in legally established cases). Let's take a closer look at both options.

Special conditions for essential workers

Special working conditions in practice are most often provided in the following cases:

the employee has a main place of work or study and can only work for a limited amount of time - free from the main place of work or study. As a rule, the worker distributes the load unevenly depending on his main load. Often, the employee works outside of the daytime (in the evening, at night);
if the employee (most often a young mother) has family circumstances in such a way that he can work only for a limited time or a clearly established one, for example from 18.00 to 21.00;
if the employer’s working conditions are such that the employee’s presence at work is possible at a clearly established time (often limited), for example, during the absence of all other employees. For example, cleaners who must clean before the start of the working day. At the same time, it often does not matter to the employer exactly how long the work takes, what is important is its result and completion before a certain hour.

According to Art. 57 of the Labor Code of the Russian Federation, if an employee’s working and rest time regime differs from the general rules, then it must be specified in his employment contract.

The working hours in the Labor Code mean:

length of the working week (five-day with two days off, six-day with one day off, working week with days off on a rotating schedule, part-time work week);
work with irregular working hours for certain categories of workers;
duration of daily work (shift), including part-time work (shift);
start and end times of work;
time of breaks from work;
number of shifts per day;
alternation of working and non-working days.

Example 1. If the employer is interested in the number of hours of work, but the specific hours of work are not important, the employment contract may contain the following entry:

"The employee has a 40-hour work week with a five-day work schedule (Monday - Friday working days, Saturday - Sunday - days off) with a flexible work schedule. The start and end times of work on weekdays, as well as the duration of work each day, are determined by the employee himself, subject to mandatory compliance with the actual working time of 40 hours per week."

Example 2. If an employee can only work in his free time, the entry in the employment contract may look like this:

"The employee has a flexible work schedule with a free schedule. In a week, the employee is required to take a continuous rest period of 42 hours. The specific time of work, as well as its beginning and end, are determined by the employee based on his capabilities. To record the hours of work, the employee draws up (specify which document) Payment is made for actual time worked based on the hourly rate ______ rubles."

When establishing an individual work schedule, it is important to specify in the employment contract the conditions for remuneration for the given employee and conduct timesheets in accordance with the regime established individually in the employment contract.

If, for example, an employee negotiates with the employer a work schedule on a part-time working week (part-time), then the employment contract specifies the duration of the working week (working day), for example: “The employee is assigned a part-time working week of 35 hours and a part-time working day of 7 hours. Working hours - from 9.00 to 17.00 with a break for rest and food of 1 hour from 13.00 to 14.00, which is not included in working hours and is not paid to the employee at a salary of 25,000 rubles per calendar month based on the norm of 35 hours. per week. Payment is made in proportion to the time worked."

Document fragment. Article 93 of the Labor Code of the Russian Federation

In this case, when such a regime is established, the employee’s time sheet is marked with 7 hours a day. And if an employee works more than 7 hours, this time will be treated as overtime. The concept of overtime work, as amended by Federal Law No. 90-FZ of June 30, 2006, under Art. 99 of the Labor Code of the Russian Federation confirms that overtime work is considered to be work outside the norm of working hours established specifically for a given employee (daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period).

If an individual regime is legally established

The Labor Code of the Russian Federation indicates that in certain cases the employer must establish a shortened working week (shortened working day) for the employee. This regime is provided for employees under the age of 16 years and from 16 to 18 years old, as well as for employees who are disabled people of group I or II, and for employees employed in work with harmful and (or) dangerous working conditions. In addition, reduced working hours can be determined for other categories of workers, for example, for teachers and medical personnel.

When establishing a shortened working week, workers' compensation is not adjusted when the actual work time is reduced. So, if according to the staffing schedule the salary is 10,000 rubles. based on a 40-hour working week, then, when establishing a shortened working day for an employee in cases provided for by labor legislation, his salary cannot be adjusted downward, but should be provided in the same amount - 10,000 rubles, but for a reduced duration of work .

Document fragment. Article 320 of the Labor Code of the Russian Federation

* * *

So, the establishment of a specific regime that is convenient for the employer and employee is advisable from the point of view of management activities. The main thing is to clearly define this regime so as not to infringe on the rights of the employee and not to violate the rights of the employer. This regime should not violate labor standards established by labor legislation, and should achieve the goals set by the employer when using personnel labor.

V.V.Mitrofanova

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"Office work in personnel services"

company Subscriber Service Center

according to labor law,

practicing consultant

regarding production issues

and optimization of office work

A timely and competent transition to using such a system can attract good specialists to the company, as well as significantly increase performance indicators. Also read Guy Pearce wanted to commit suicide after his divorce Katie Price told how old she feels Natasha Koroleva really regrets that she ruined Nikolaev’s marriage 17 mind-blowing shots untouched by Photoshop Why do you wake up every night at the same time? 25 Famous Women Who Don't Have Children 16 Intimate Things Every Couple Should Do At Least Once Which body part do you wash first in the shower? That says a lot! The most generous grandmother.

Work individual schedule in Moscow: 9,791 vacancies

For some categories of workers, the duration of daily (between shifts) rest is established by regulations. So, for example, for drivers, the duration of daily (between shifts) rest, together with the break time for rest and food, must be no less than double the duration of work on the working day (shift) preceding the rest. (clause.

Regulations, approved. ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIA dated August 20, 2004 No. 15 On approval of the Regulations on the peculiarities of the working hours and rest periods of car drivers). When working according to the schedule you specify, this rule is observed only for daily rest from Tuesday to Wednesday.

Individual operating mode: pros and cons

Working hours are from 9.00 to 17.00 with a break for rest and food lasting 1 hour from 13.00 to 14.00, which is not included in working hours and is not paid. The employee is given a salary of 25,000 rubles.
per calendar month based on the norm of 35 hours per week. Remuneration is made in proportion to the time worked.” Document fragment. Article 93 of the Labor Code of the Russian Federation In this case, when such a regime is established, the employee’s working time sheet is marked with 7 hours a day.
And if an employee works more than 7 hours, this time will be treated as overtime. Amended by Federal Law of June 30, 2006
N 90-FZ, the concept of overtime work under Art.

Flexible work schedule

Labor Code of the Russian Federation), for employees under the age of 16 years - no more than 24 hours a week (paragraph 2, part 1, article 92 of the Labor Code of the Russian Federation). At the same time, for employees working part-time, the normal working week is reduced.
The specific method of maintaining summarized records must be provided for in the internal labor regulations. This procedure is established by Article 104 of the Labor Code of the Russian Federation.

Info

Special rules for limiting working hours for cumulative accounting may be established in industry agreements. For example, the working hours of employees in the oil and gas industry with summarized accounting (incl.

This is stated in paragraph 4.2 of the Industry Agreement dated December 13, 2013. Such agreements are binding for employers only if they join them (Art.

Vacancies and work: “free schedule” in Moscow

In addition, the regulation of work on a flexible schedule in the above documents should not contradict the provisions of the Labor Code of the Russian Federation (on maximum working hours, overtime, etc.). We also remind you that flexible working hours can be established: - both at the conclusion of an employment contract and later; - both for a certain period and indefinitely, since restrictions for establishing such a regime are not provided for by law.

Attention

However, when working in shifts, we still do not recommend introducing a flexible schedule: this may disrupt the work process. Two questions arise: will the length of working hours change when a flexible work schedule is established and how will this affect wages? Based on the content of Art.

Is it possible to set an individual work schedule for an employee?

Therefore, depending on the selected accounting period and the established working hours for this category of workers, you need to determine whether the standard hours for the accounting period are being met. As a rule, in this mode of operation the accounting period is set to a year. The presence of overtime can be adjusted by providing additional days off as scheduled. In addition, you should pay attention to compliance with the requirements for the duration of daily rest.

The Labor Code does not establish a minimum duration of daily (between shifts) rest. According to established practice, the work schedule in an organization is established, as a rule, in such a way that the minimum duration of daily (between shifts) rest, together with the lunch break, is no less than double the duration of work on the day (shift) preceding the rest.

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At the same time, employees must be made aware of the possibility of using such a schedule. If, when applying for a job, the applicant’s working hours differ from the general rules in force at the employer, then this condition is fixed in the employment contract and is also reflected in the employment order.

In the line “Conditions, nature of work” it is indicated: “Flexible working hours, accounting period.” If the need to establish a flexible working time regime arises after the conclusion of an employment contract, then an additional agreement is concluded to it.

On page 42 we provide a sample of filling out an additional agreement to an employment contract. Federal State Unitary Enterprise "Vympel" 03/29/2013

Flexible work schedule is... flexible work schedule according to the Labor Code of the Russian Federation

Federal State Unitary Enterprise "Vympel" 03/29/2013 N 33 Puchezh On the establishment of working hours I order: 1. Establish from 04/01/2013 to 09/30/2013 for laboratory assistant A.A. Lyutina: 1.1. Flexible working hours with part-time work week, duration 24 hours. 1.2. Four-day work week - Monday, Tuesday, Wednesday, Thursday; Weekends - Friday, Saturday, Sunday. 1.3. Fixed hours (mandatory presence at the workplace) - from 10.30 to 12.00 and from 14.00 to 15.30. 1.4. Break for rest and food - from 13.00 to 13.45. 2. Considering that when carrying out Lyutina A.A. labor function cannot comply with the established daily and weekly working hours, introduced in accordance with Art. 104 of the Labor Code of the Russian Federation summarized recording of working time, starting from 04/01/2013. 2.1. Set the accounting period to one month.

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In this situation, the employee has a working week with days off on a staggered schedule. According to Part 1 of Art. 104 of the Labor Code of the Russian Federation, when, due to working conditions, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized recording of working hours so that the duration of working hours for the accounting period does not exceed the normal number of working hours. Accordingly, with this working time regime, it is necessary to introduce a summarized recording of working time with an accounting period not exceeding a year, and for workers engaged in work with harmful and (or) dangerous working conditions - three months.

Work according to an individual schedule

If an employee has already established a certain regime, but there is a need to change it (at the request of the employee or by agreement of the parties), then this consent must be documented in writing (Article 72 of the Labor Code of the Russian Federation). Changes can then be introduced at any agreed time. When establishing an individual work schedule, it is important to specify in the employment contract the conditions for remuneration for the given employee and conduct timesheets in accordance with the regime established individually in the employment contract. If, for example, an employee negotiates with the employer a work schedule on a part-time working week (part-time), then the employment contract specifies the duration of the working week (working day), for example: “The employee is given a part-time working week of 35 hours and a part-time working day of 7 o'clock.
It should be taken into account that the transfer to a flexible working time regime must be preceded by careful preparatory work to substantiate the possibility and feasibility of its use in a particular department or workplace, the organization of recording of working hours, and the introduction of 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 individual employees or teams of enterprise divisions are allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day. In this case, it is required to fully work out the total number of working hours established by law during the accepted accounting period (working day, week, month, etc.).
As a rule, working time records are kept by heads of departments and (or) the personnel department of the institution. In this case, a variety of methods and means of accounting are used.

Some make notes in special cards or journals, while others use individual time counters or stamp watches. As a general rule, when establishing a flexible schedule, working time is recorded in a working time sheet using the unified form T-13, which is filled out according to the following rules: in the top lines of column 4, a letter (“I”) or a numeric (“01” is entered opposite the employee’s last name ) code, and the lower lines indicate the duration of operation in this mode.

According to the norms of the current labor legislation, the employer ensures that the employee works 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).

As a rule, the worker distributes the load unevenly depending on his main load. Often, the employee works outside of the daytime (in the evening, at night); - if the employee (most often a young mother) has family circumstances in such a way that he can work only for a limited time or a clearly established one, for example from 18.00 to 21.00; - if the employer’s working conditions are such that the employee’s presence at work is possible at a clearly established time (often limited), for example, during the absence of all other employees. For example, cleaners who must clean before the start of the working day. At the same time, it often does not matter to the employer exactly how long the work takes, what is important is its result and completion before a certain hour. According to Art.

Flexible work schedule

This regime is usually understood as a regime of flexible, sliding or free working hours. By agreement with the employer, the employee has the right to regulate the start and end times of work, the total duration of the work shift or working day. The basis is Article 102 of the Labor Code of the Russian Federation. Based on Articles 102, 104 of the Labor Code of the Russian Federation, when establishing flexible working hours, a summarized accounting of hours worked in a certain accounting period is carried out.

Is it possible to set an individual work schedule for an employee?

All existing regimes in the organization are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements. And for workers with an individual labor regime - an employment contract. Examples of establishing an individual regime in an employment contract are given below.
Example 1. If the employer is interested in the number of hours of work, but the specific hours of work are not important, the employment contract may contain the following entry: “The employee has a 40-hour work week with a five-day work schedule (Monday - Friday are working days, Saturday - Sunday are days off) with a flexible work schedule.

Individual operating mode 2017

Attention

GDV (flexible work schedule) is a form of organizing the duration of the working day, during which the employee independently determines his working day, which must first be agreed with the manager. The main point in this mode is the implementation of a complete time plan for a set period. A floating work regime is established without a time limit or for any period agreed with the manager.

Individual operating mode: pros and cons

The working regime is considered individual if it does not apply to the entire company team. Advantages and disadvantages of an individual work mode 2017 Advantages Disadvantages Sliding, free, flexible work mode (Article 102 of the Labor Code of the Russian Federation) Convenient if the employer is not interested in the work process, but the result, for example, for creative workers There is a need to record the beginning and end of the working day, keep track of systematic summary accounting of the total amount of time worked Employees independently choose the start and end time of work, as a result, labor efficiency increases Despite the fact that the beginning, end of the shift, and the duration of the working day are determined by agreement with the employer, the hours of arrival and departure from work may not be fixed .

The concept of flexible work hours in an employment contract

Article 5.27. Violation of labor legislation and other normative legal acts containing labor law normsParagraph 1 Violation of labor legislation and other normative legal acts containing labor law norms, unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code:

entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles;
for persons carrying out entrepreneurial activities without forming a legal entity, from one thousand to five thousand rubles;
for legal entities from thirty thousand to fifty thousand rubles.

How to formalize a flexible work schedule in an employment contract?

Labor Code of the Russian Federation, if an employee’s working and rest time regime differs from the general rules, then it must be specified in his employment contract. The Labor Code understands the working hours as: - the length of the working week (five days with two days off, six days with one day off, a work week with days off on a rotating schedule, part-time work week); — work with irregular working hours for certain categories of workers; — duration of daily work (shift), including part-time work (shift); — start and end time of work; — time of breaks in work; — number of shifts per day; - alternation of working and non-working days.

How to reflect a flexible work schedule in an employment contract, sample document

Note! If, when concluding an employment contract, the condition for establishing an individual work schedule 2017 was not agreed upon or the employee wrote an application for this type of work after a certain amount of time, the employer must draw up an additional agreement to the employment contract. Additional agreement to the employment contract. Application of the flexible working time regime Download a blank formDownload in.doc Download a completed sampleDownload in.doc Employee's application for establishing a part-time work schedule Download a blank formDownload in.doc Download a completed sampleDownload in.doc Based on the application received from the employee to establish an individual work schedule 2017 employer draws up an additional agreement and issues an order.

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The constituent elements of a free work schedule should be specified in detail. The relevant section of the contract is drawn up as follows: “The employee is provided with a flexible work schedule with a 5-day work week of 35 hours.” It is necessary to clearly indicate the time of mandatory presence at the workplace (fixed part), the hours of presence determined by agreement of the parties (flexible part), the time interval of the lunch break, and the accounting period used for remuneration.

The remaining sections of the employment contract with a flexible schedule do not differ from those with a regular work schedule. The place of work, the rights and obligations of the parties, the guarantees provided to the employee, and the period for granting annual paid leave must be indicated. The picture shows a sample employment contract with a flexible work schedule: Download a template of an employment contract with a provision for a flexible work schedule.

When is an employee entitled to flexible working hours? The need to establish a flexible operating procedure arises during certain downtime due to improper organization of the labor process. The specifics of companies may include night shifts, therefore, in some cases, there are long periods of free time from duties, but the employee still remains at the workplace, and the volume of tasks will not increase. It is in such a situation that a flexible work arrangement would be appropriate, since it allows you to alternate between work and rest, which may be longer than usual.

The peculiarity of such activities is the ability to use long breaks or not work for a full period (week), but fulfill the work norm, according to Article 91 of the Labor Code of the Russian Federation.

Working on an individual schedule, how to arrange it

In this statement, you must indicate the desired time for completing the tasks and the period that will limit the effect of this change. After confirmation of the change, an internal order is issued, a sample of which can be found on the Internet. Features of working on a flexible schedule When working in a flexible time mode, the beginning, end or total duration of workdays must be specified by mutual agreement of the participants in the working relationship, in accordance with Article 102 of the Labor Code of the Russian Federation. Work in this mode does not affect the employee’s remuneration, and also does not affect additional benefits and individual bonuses. Most often, this change occurs by the employee’s decision as individual circumstances arise.
Kolesov worked 447 hours, including:

in January 119 hours;
in February 144 hours;
in March 184 hours.

Kolesov belongs to the category of employees for whom a forty-hour work week is established (Part 2 of Article 91 of the Labor Code of the Russian Federation). Therefore, according to the production calendar, his standard working time for the first quarter of 2011 is 447 hours, including:

in January 15 working days (120 hours);
in February 19 working days (151 hours);
in March 22 working days (176 hours).

Thus, in the accounting period the established working hours were not exceeded.