How to set up flexible working hours. How to formalize a flexible work schedule in an employment contract? Concept and signs

It is recommended to establish a flexible schedule for those enterprises where, due to various circumstances, there is temporary downtime in shifts with a fixed schedule. With this maneuver, the company saves its financial resources, because Workers' wages will have to be paid even during downtime.

If the enterprise uses, then management is obliged under Art. The Labor Code of the Russian Federation maintains a summary record of time worked. This is done to control the permissible norm of hours worked (Article of the Labor Code of the Russian Federation). However, breaks for work are not included in this schedule. At the same time, according to Art. Labor Code of the Russian Federation, the employer is obliged to provide time for rest and lunch without prejudice to production.

First, the departments generate a report indicating the arguments in favor of changing the operating mode. Based on the report, an order is generated indicating that in 2 months there will be a transition to a different work schedule. Persons or departments that will be affected by the innovation are also noted. At the same time, this information is communicated to employees.

After 2 months, another order is formed with an approved list of employees switching to a flexible schedule, with an effective date. After this order, an additional agreement to the employment contract is concluded with employees, provided that the innovation will be permanent. If a flexible schedule is introduced temporarily, it will be valid for the period specified in the order.

Some nuances

It is worth considering some subtleties when designing. According to Art. Labor Code of the Russian Federation, those who combine duties cannot work more than 4 hours. But if his days off at his main place of employment coincide with work shifts at his non-main place of work, then the part-time worker can work a full shift. In Art. The Labor Code of the Russian Federation reflects that the hourly output of part-time workers is 1/2 monthly norm.

You can cancel a flexible schedule in accordance with Art. Labor Code of the Russian Federation due to a change or disappearance of the reasons that influenced the introduction of such a regime. The employee also has the right to ask to be transferred to a fixed working week if the position in which he is located is not included in the list of Order of the Ministry of Communications of the Russian Federation No. 112.

Tamara FEDOROVA,
lawyer, leading expert of the magazine "Personnel Business"

Time to work

In any organization, from a small company to a giant holding company, the work of personnel is organized in accordance with a certain regime, which should be reflected in the internal labor regulations (Article 189 of the Labor Code of the Russian Federation). The mode determines the length of the working week (five-day or six-day), exact time the beginning and end of the working day, its total duration, the number of breaks for meals and rest. All employees are required to obey the established rules, otherwise the violator faces disciplinary action.

Working in a flexible schedule does not affect the employee’s remuneration, does not affect the provision of benefits and the calculation of length of service

I want to have a rotating schedule

Imagine that an employee, as the head of an organization, has approached you with a request to establish a flexible work schedule for her. She explained her request, for example, by the need for periodic visits to the diagnostic center for preventive medical examinations.

The first question that arises is, are you obligated to satisfy your subordinate’s request? In order to answer it, you should first of all refer to the internal labor regulations in force in the organization. If the document states that the employer obliged at the request of the employee, install flexible working hours, nothing can be done, you need to meet this desire halfway.

A sliding work schedule can be set either without a time limit or for any period convenient for the employee.

Application is required

First, you need to require a written statement from the employee. You must have proof that she is not against changing one of the essential terms of the employment contract, namely the terms of working hours*. The application must indicate desired work schedule And period of time on which it is installed.

We quote the law

A sliding (flexible) work schedule should provide workers with the duration of basic and weekly rest established by law. In this case, the maximum total working time per day should be no more than 10 hours.

Clause 3.1 of the resolution of the USSR State Committee for Labor and Social Affairs and the All-Union Central Council of Trade Unions of June 6, 1984 No. 170/10-101 “On approval of the regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children”

Elements of a moving chart

First of all, it is necessary to reflect variable (flexible) working hours. For example, in accordance with the schedule, an employee can start her working day between 8 and 11 o’clock and end between 17 and 20 o’clock.

Then you should decide fixed time. This is the time when the employee must be present at work. Let's say from 11 to 17 o'clock. Fixed working hours are the main part of the working day, which allows you to ensure the normal execution of work and maintain the necessary business contacts.

When developing a rolling schedule, one should not forget about breaks for food and rest, which typically divide a fixed time into two equal parts. Such breaks must be no less than 30 minutes and no more than two hours**.

Control over the timely start and finish of work and the correct use of working time during the working day must be exercised by the manager structural unit

For example, if a day is selected as the accounting period, then with a five-day work schedule, working on a schedule of Monday, Wednesday, Friday from 8 to 17, and Tuesday, Thursday from 10 to 19, the employee fully fulfills the terms of your agreement. Since she fully works out her usual norm of 8 hours a day.

If accounting period is equal to a week, then all the employee’s working days can be of different lengths. The main thing is that over a weekly period she works the established norm, namely 40 hours. You can see what a flexible work schedule will look like in this case on the page above*****.

Sample

Transfer to main mode

After the term of the agreement under which the employee was provided with a sliding schedule has expired, she automatically switches to normal work. You do not need to make any additional instructions in this regard.

If an employee wants to switch to a regular work schedule ahead of schedule, she must proceed in the same manner as when establishing a flexible schedule. Request a corresponding statement, draw up changes to the employment contract, issue an order canceling the flexible work schedule.

However, you must remember that it is your right, not your obligation, to cancel the terms of your flexible working arrangement before the end of the arrangement. And if for some reason it is not profitable for the organization to meet the employee’s request, you can refuse her this on a completely legal basis.

* -The essential terms of an employment contract can only be changed by agreement of the parties.
** -Clause 3.3 of the resolution of the USSR State Committee for Labor and Social Affairs and the All-Russian Central Council of Trade Unions dated June 6, 1984 No. 170/10-101 “On approval of the regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children.” The document is published on page 104.
*** -Clause 2.1 of the resolution of the USSR State Committee on Labor and Social Issues and the All-Russian Central Council of Trade Unions of May 30, 1985 No. 162, No. 12-55 “On approval of recommendations for the use of flexible working time regimes in enterprises, institutions and organizations of industries national economy". The document is published on page 106.
**** -The number of hours that an employee needs to work during the accounting period is determined based on the fact that the normal length of the working week is 40 hours (Article 91 of the Labor Code of the Russian Federation).
***** -The same work schedule can be used for a longer accounting period, for example, a month, a quarter, a year. Since it is extremely difficult to schedule every day of work in a long accounting period.

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

Definition

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

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

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

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

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

Species

Flexible working hours are divided into three types:

1. Sliding. An employee who works according to such a schedule has standard hours specified in the employment agreement. It should work like everyone else, but with floating hours. Example: an employee comes to work several hours earlier than everyone else, but also leaves several hours earlier.
2. Free. The schedule assumes a free visit, 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 start is determined by the terms of the contract or additional agreement. And the duration labor activity regulated by the institution's work schedule.

Where is it fixed?

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

1. Rules that regulate internal regulations. Here are reflected: employment conditions, availability probationary period, grounds for dismissal, conditions for fulfilling assigned 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 stipulate the terms of cooperation between the parties.
3. Employment agreement. Flexible working hours are required in the employment contract. It is entered initially, regardless of what the previous schedule was.

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

Limitation

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

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

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

Registration

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

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

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

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

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

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

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

Payment

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

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

• payment for overtime hours;
• double compensation for performance labor responsibilities on weekends;
• payment of benefits in case of staff reduction.

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

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

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

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

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

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

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

How to keep records

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

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

There are two types of accounting:

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

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

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

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

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

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

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

Who is it suitable for?

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

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

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

Establishing flexible working hours in the form of a free schedule is well used in creative professions. No violation here legal aspect- both parties draw up an agreement on the performance of labor duties, and the employer himself does not overpay the employee for the time that he does not work. This schedule may be suitable for artists, designers, musicians, and writers.

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

Nuances

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

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

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

Pros and cons

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

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

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

Among the negative points it is worth highlighting:

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

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

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

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

The negative points include the following:

• This 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 resolve production issues and control the work process as a whole;
• the presence of difficulties in monitoring the unconditionality of time worked and the execution of the established amount of work, as well as monitoring the quality of execution of assigned tasks;
• increase in costs when providing employees of the organization with means of communication and recording of time worked.

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

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

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

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

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

Below you can see the timesheet:

The picture shows the completed document:

When is this mode of operation not suitable?

Flexible schedule does not apply:

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

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

Correct execution of the employment contract. Sample document

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

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

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

The remaining sections of the employment contract with a flexible schedule do not differ from those with a regular work schedule. The place of work, rights and obligations of the parties must be indicated, due to the employee guarantees, period of provision of annual paid leave.

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

The photo shows an example of a document:

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

The establishment of a flexible schedule in an organization or individual employee is allowed under Article 102 of the Labor Code of the Russian Federation by mutual agreement of the parties. Unscrupulous employers and employees take advantage of flexible working hours, not observing the start and end dates of the working day specified in the employment contract.

According to Article 99 of the Labor Code of the Russian Federation for production needs or when emergency It is allowed to exceed the number of hours worked by no more than 120 per year. An employer, ignoring the law and forcing an employee to work beyond the time limit established by a flexible schedule, is subject to administrative liability.

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

Article 5.27. Violation of labor legislation and other regulatory legal acts containing standards labor law
Point 1

Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code:

1. entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles;
2. on persons carrying out entrepreneurial activity without forming a legal entity, from one thousand to five thousand rubles;
3. on 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.

Late without good reason, absenteeism, violation by an employee of the lunch break period established by a flexible schedule, indicated in the employment contract, are the basis for the application of these measures.

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

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

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

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

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

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 the internal labor regulations, collective agreement, and in labor contract employee (usually if he has special needs).

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:

If the first option involves making a decision in unilaterally with mandatory notification to the employee and in compliance with all procedures and deadlines established labor legislation, then the second option presupposes the employee’s desire, which is expressed in submitting an appropriate application and subsequent discussion of 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.

Don't know your rights?

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 consider step-by-step compilation statements:

1. The name of the employing organization and details of its head are indicated in the upper right corner. Below you need to write the employee’s position and his full name.
2. The word “statement” is written in the center.
3. 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.
4. 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.