Sample application for flexible work schedule. What does flexible work schedule mean according to the Labor Code of the Russian Federation?

The article will discuss flexible work schedules. What it is, what its positive and negative sides are, how to draw up an agreement - further.

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

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Many trade and manufacturing enterprises They work seven days a week, and the working day does not last 8 hours. This is called "flexible work hours." What is he?

Basics

IN Russian Federation There is a law according to which a person has the right to work according to a schedule that suits him.

Only if the employer is not against it. Can be used for a certain category of citizens, for example, for students or.

Despite all this, there must also be discipline with a flexible schedule. Employees must be at work for a certain time.

This does not include lunch breaks. It's the same work week, only working hours can last not only 8 hours, but also 4 hours and 12 hours.

The guarantees for employees are the same - vacations, weekends, sick leave and maternity leave. Main feature systems - the employee has the right to independently choose the length of the working day.

For a specific period, he is required to complete a specified amount of work. A flexible schedule helps solve many problems:

This system is not suitable for everyone. If you do not have the experience, required qualifications and level of responsibility, the schedule will not work.

Let's look at an example of a daily routine with the following work schedule:

Fixed time	From 11 a.m. to 5 p.m.
Variable time	From 9 a.m. to 11 a.m., from 5 p.m. to 6 p.m.
Lunch break	From 13:00 to 14:00

When introducing a flexible work schedule, you must adhere to restrictions - you cannot enter a schedule for 3-shift work, at the junction of shifts, if the work is carried out outside the enterprise (meetings, conferences).

With a staggered work schedule, the following is also provided in case of violations:

The labor process is controlled by the head of the organization or an employee of the human resources department.

Flexible working hours are established if, due to production conditions, it is impossible to establish a schedule with the usual working hours.

When is the size determined? wages, the hourly rate or monthly salary should be taken into account. Hours worked are multiplied by the tariff rate.

If the established monthly quota has not been worked, the monthly salary is divided by the number of working hours per month and multiplied by the time actually worked. The employer is obliged to correctly prepare documents for the employee.

If they are completed incorrectly, during an inspection the labor inspectorate may hold the employer liable in the form of a fine or suspend production process organization for 90 days.

If an employee wants to work according to such a schedule, but the employer does not see the need for this and refuses him, this will be legal - no agreement has been reached.

The manager has the right to introduce sliding schedule, but is not obliged to do so.

There is a situation in which the employer does not have the right to refuse - if the employee has a minor child or a disabled child. Parents have the right to work part-time.

What is it

Flexible work schedule is a way of distribution work activity, which allows the employee to independently set the duration of the working day - its beginning and end.

What are they?

Can exist in an organization in one of 3 forms. Varieties of flexible work schedules are:

Sliding	A clearly established system that alternates weekends and workdays. The duration is not like a traditional schedule (5 days on, 2 days off). The following cycles are used: 2 working days - 2 days off, 3 working days - 3 days off, 1 day working - 3 days off
Shift	An employee works in a specific shift, the duration of which is from 5 hours to 12 hours. During the day, the organization has several shifts, for example, from 7.00 to 15.00 and from 15.00 to 23.00. There is also a night shift - from 23.00 to 7 am. When getting a job, a person chooses his own shift
Free	In which the employee is not subject to requirements regarding his time in the organization

Legislative framework

The rotating work schedule is regulated.

The conclusion of the contract is carried out according to the following scheme:

1. Submission.
2. Familiarization with regulations and agreements.
3. Signing the agreement.
4. Edition.
5. Registration of a work book.
6. Registration of a personal employee card.
7. Recording in .

The contract should be accompanied by an order establishing a flexible schedule and an agreement on a new work schedule (if the employee previously worked in the main mode).

What are the advantages

Flexible scheduling has benefits for both the employer and the employee. A person has the opportunity to independently plan his working day.

Video: Big Brother Time Tracking Software, Flexible Hours in the Office

Work activities can be combined with personal affairs without involving the employer. This is an excellent opportunity to avoid stress - due to problems with transport, communication with colleagues.

Can be combined with studies. For employers, the benefits are as follows:

• saving money on renting premises, paying bills and other expenses;
• the opportunity to attract qualified workers who are located in another city;
• the result of the work is paid, not the time;
• reduction in staff turnover.

With sliding holidays

A rotating work schedule also means weekends. But they will not be standard or fixed - any 2 days a week.

They may not be sequential, for example, Tuesday and Friday. Weekends fall on different days each week.

Options for students

Work for flexible students is divided into 2 types - for the smart and not so smart.

The first option involves a job that will help you develop, for example, an advertising agent, manager, insurance agent, etc.

The second option does not provide for any development, but allows you to make solid money. This is work as a courier with a flexible schedule, a loader, a cleaner, etc.

There is nothing shameful in this, especially for those who want to earn money on their own without experience. Work will allow you to relax and take your mind off the educational process.

The ideal option would be an internship at the one for which the student is studying.

This is a great opportunity not only to earn money, but also to acquire skills and apply knowledge in practice.

In each organization, regardless of the scale and general level of income, the work process of the team is organized in a certain time period, this period must be described in the legal document of the organization, according to Determining the length of the day includes establishing the beginning and end of work, as well as the total time for performing duties and rest periods.

How is flexible working time established?

According to the employment contract, the employee is obliged to follow all the rules that are established in this agreement. 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.

Floating mode labor activity is established without a time limit or for any period agreed with the manager.

If the schedule is established by agreement of the parties, according to the rules of the Labor Code of the Russian Federation, then the employee can make his own choice. During discussions, it is possible to establish the details of the regime and wages according to a flexible schedule.

It is necessary to establish a sliding regime by accepting an application from the employee, in which he agrees to change the working conditions. 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 flexible time mode, the beginning, end or total duration of workdays must be specified by mutual agreement of the participants in the working relationship, according to

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.

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 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 performed 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 perform working standard, according to .

For whom is flexible working hours established by law?

GDV should be introduced when, according to the working conditions, it is impossible to determine a working day of normal duration. The establishment of GDV is necessary to take into account the interests of employees and employers, as well as to create conditions for them that will influence the increase in the efficiency and productivity of the work process.

The legislation does not contain a list of positions that must work under GDV, but there are regulations, which indicate the possibility of GDV.

Setting up a flexible work schedule

The main question for an employer is how to properly draw up an employment contract with a flexible schedule? The specifics and conditions for this agreement are contained in labor laws RF. If the employment contract is drawn up incorrectly, the organization faces a fine and suspension of activities.

A package of documents when registering a GDV is formed depending on the status of the employee - hiring for a position or already an employee of the company.

In the first option, the terms of GDV are included in the text of the working agreement and detail the working time. The order to hire an employee must be executed in form T-1 and contain the conditions for starting work on the GDV.

In the second option, the employee must write a statement with a request and consent to install GDV. After this, an additional agreement is formed indicating a specific time and an order is issued in free form, which indicates the period for the commencement of the GDV and the agreed period of work.

Employment contract with flexible working hours - sample

The execution of this document contains a change in the conditions and nature of the performance of duties. In this section you need to indicate the GDV and add features for this schedule. Otherwise, the specifics of drawing up a contract are similar to the general regime.

How to register working hours in employment contract Experts will tell you how to reflect a shifting and flexible schedule. In the article you will find a sample employment contract, which sets out the work and rest regime.

In the article:

Download documents on the topic:

How to reflect the specifics of working hours in an employment contract

The specifics of the working hours regime are prescribed in the employment contract if the employee’s working hours do not coincide with the general work schedule. If employees are involved in performing job responsibilities according to the general schedule of the organization, register a separate one in individually not required.

In practice, this issue is solved by forming a local normative document - Internal labor regulations. It indicates the schedule of activities of the entire organization, according to which each employee works. The document includes:

• days of the week that are working days and weekends;
• the number and duration of breaks for rest and meals, additional breaks, for example, for heating.

The working hours in the employment contract are flexible and differ from the general ones used in the company. This is indicated when drawing up an TD (employment contract) with an employee. You can also include a schedule in the additional agreement if the TD has already been concluded and the employee’s work activity was initially carried out according to the general schedule. The TD also records the working hours of those who work on a shift schedule, part-time work, and so on.

An expert from the magazine “Personnel Business” will tell you... From the article you will find out whether employees with irregular hours can work on holidays. For how long does the company develop a shift schedule? How to specify working conditions with sliding weekends.

How to indicate the working hours in an employment contract, is it necessary to specify working hours?

Shift working hours in the employment contract must be reflected on an individual basis.

The chart indicates:

1. Total duration of the shift in hours.
2. Specific start and end times of the work shift.
3. The procedure for providing basic breaks, including for rest, meals, and their duration.

The main sections of the TD are drawn up using the standard method; they do not differ significantly from those contracts that are drawn up with employees who work according to the usual regime and schedule for a particular organization.

how to organize shift work. From the article you will learn about the procedure for introducing such a schedule, about the features of drawing up and amending documents concluded with employees.

How to formalize the working hours in an employment contract: sample

If the work regime in the employment contract changes, the consent of both parties who previously signed this document is required: the employee and the employer. Consent is formalized by an additional agreement. The document reflects the newly reached agreements and states:

“...the employee is given the following working hours ___________.”

If the TD was concluded before the introduction of a shift regime, which had to be established due to changes in organizational or technological conditions, changes must be made to it without fail.

The work and rest schedule is prescribed in the employment contract if it differs from the generally accepted one. This rule is applied when registering:

• fixed-term employment contract;
• unlimited;
• agreements with a part-time partner.

The regime changes for a working employee after drawing up and signing an additional agreement. TD and agreement are being prepared in duplicate for each of the parties. The documents have equal force and are equivalent in the process of application.

An expert from Sistema Personnel will tell you how to draw up an employment contract when hiring an employee. From the article you will learn about the procedure and features of registration of TD, including the use of a standard document template for micro-enterprises.

How to correctly indicate working hours in an employment contract

The employer has the right to change the work and rest regime in the employment contract unilaterally if serious changes in organizational or technological conditions are introduced in the organization. In this case, the employer informs the employee about all upcoming changes. This should be done in two months before they enter into force. If an employee does not agree to work under the new conditions, he is offered to move to a vacant position available to the employer. An additional agreement is concluded with everyone else, where it is prescribed new mode work.

In the table “Human Resources Systems” you will find the contents of the employment contract. Find out what to include in general information, in mandatory and additional conditions.

Working hours in a part-time worker’s employment contract

Irregular work hours, flexible schedules, and part-time work are reflected in the TD.

On extra work You can work no more than four hours if the employee is busy that day. IN free time a part-time worker has the right to work for an entire shift. These conditions are reflected in the TD even if the work schedule of a part-time worker coincides with the general one established at a particular enterprise.

An expert from the magazine “Personnel Business” will tell you how this will be beneficial to the company. From the article you will learn what to add to certain sections of the document in the most difficult situations.

The working hours in the employment contract (sample) are prescribed if the employee’s working hours do not coincide with the organization’s operating hours. If employees are involved in performing official duties according to the organization’s regime, it is not necessary to prescribe a separate work regime on an individual basis. The employer must indicate special regimes for the employee’s work activities in the TD.

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

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

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

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

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

Main features of flexible working hours:

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

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

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

Sample application for establishing flexible working hours

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

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

Sample order establishing flexible working hours

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

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

When is the contract concluded?

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

The procedure for drawing up an employment contract

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