In the fall, employees usually more often turn to management with a request to establish preferential working conditions for them. After all, classes in various educational institutions begin in September, and students combining work and study, as well as parents of young schoolchildren, need additional free time. Let's talk about what a flexible work schedule is and under what conditions it can be established.

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 must be reflected in the internal labor regulations (Article 189 of the Labor Code of the Russian Federation). The regime determines the length of the working week (five-day or six-day), the exact start and end time 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

For certain categories of workers, the rules allow for flexible working hours. Under this regime, the beginning, end or total duration of the working day is determined by agreement of the parties to the employment contract (Article 102 of the Labor Code of the Russian Federation). As a rule, a flexible schedule is established at the request of the employee.

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 says that the employer is obliged, at the request of the employee, to establish 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.

If the rules say that such a regime is established by agreement of the parties to the contract or nothing is said about it at all, you have a certain freedom of choice. You can refuse the employee on the grounds that this form of work is inconvenient for the company, or you can meet her halfway and discuss the details of a flexible schedule. Let's say you chose the second option. What's next?

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 the desired work schedule and the period of time for which it is established.

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”

After you sign your subordinate's application, you should submit it to the company's human resources department. Based on the application, the personnel officer will prepare a draft amendment to the employment contract and a draft order, which will approve the individual work schedule. Let's see how to correctly create such a schedule.

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 on a 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 sliding schedule, one should not forget about breaks for meals and rest, which, as a rule, 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 should be exercised by the head of the structural unit

Once the work schedule has been drawn up, you need to decide on the choice of accounting period. This is the period during which the employee must work the working hours established by law***. This can be either a year, a quarter or a month, or one day****.

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 the 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*****.

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-Union 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 for 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 at enterprises, institutions and organizations in sectors of the 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.

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

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 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.

A floating work regime 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 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 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 fulfill the work norm, 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 that 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 the labor laws of the Russian Federation. 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.

The article examines the concept of a flexible schedule, its types, and its position in the legal field of the Russian Federation.

The practical side is touched upon - how to correctly draw up a contract, the rights and obligations of the parties, and what you should especially pay attention to when drawing up.

Concept

Defines flexible scheduling. It is defined as a mutual agreement between the parties about the beginning, end and duration of the working day.

The Code gives maximum freedom in wording, the employer and employee can vary their working hours as they wish. The main condition is mutual agreement.

In HR practice there are three types flexible schedule:

1. Sliding work schedule. In the employment contract, an employee working on such a schedule has standard working hours. He works the same hours as his colleagues. The difference here is the variable opening hours. Example: a person may arrive two hours earlier than the usual start time, but also leave two hours earlier.
2. Free. It would be a particularly good solution for musicians, artists, and journalists. Some activities are extremely difficult to regulate and measure in standard ways.
3. Shift. - this type of organization of working time is familiar to everyone. Example: night shifts in hospitals.

Suitable positions

Although the last paragraph briefly mentioned positions for which flexible work arrangements are generally suitable, for a better understanding, below is an expanded list of examples and their detailed descriptions.

An employment contract with a sliding work schedule, extended to all regular positions, incl. office

Marketers, secretaries, managers.

The main question will be the feasibility of introducing such a schedule.

If it suits the employee and the employer, then For almost any position you can organize a sliding schedule. It will be especially useful for employees who have other important matters besides work.

Namely: study, part-time work elsewhere.

Shifts: fundamentally there is nothing new. Shifts were introduced at the dawn of capitalism, when factory owners wanted to keep production running around the clock and constantly produced products, but their desire rested on the physiological characteristics of a person.

That's why such a system was invented. She widely used in factories, in emergency services ( hospitals, rescue services), as well as in the private sector (convenience stores).

Flexible schedule: on the one hand, we have very poorly regulated activity by standard methods - creative activity. On the other hand, there is the need to conclude a formal relationship between the employee and the company.

An employment contract with a flexible work schedule is the best way out of this difficult situation. Designers, artists, musicians, writers, trainers, this type of working relationship suits them very well.

Options

Despite the greater degree of freedom with a flexible schedule, control and recording of working time is required.

Highlight three main types:

1. Daily- a specific number of working hours is established; they must be worked within one day.
2. Weekly- if it is not possible to ensure time control within one day, then the standard hours for one week are established.
3. Monthly- it is given preference if it is impossible to control working time using the previous two methods.

The accounting period in some cases can be increased, for example, to “quarterly” reporting.

The responsible party for organizing working time, basic principles and methods of accounting is the employer.

The HR department is responsible for recording working hours.

To fill out, use the standard “T-13” form; this is a standard working time sheet.

When is it not suitable?

In some cases Flexible scheduling will not be a good solution. These include: enterprises where special safety conditions apply, if the enterprise has weak labor discipline.

Besides, often in the public sector. services the introduction of a flexible schedule is not possible due to bureaucratic “sluggishness”. Private firms have more opportunities in this regard.

Components of a contract

The constituent elements are:

• fixed time- the time when an employee is required to be present at the enterprise;
• variable time- the period of time when the employee has the right to determine the beginning and end of the working day;
• food break- establishes the employee’s right to a break, food and rest. Minimum - half an hour break.

Elements can be supplemented with clarifications and subparagraphs.

Registration of a flexible schedule in an employment contract

In order to draw up an employment contract, in the section “Conditions and nature of work” you need to indicate “Flexible working hours” and supplement the section with clauses regulating the main elements of the schedule.

Changing an existing contract, for example, transferring to a “Floating work schedule”, must be agreed upon by both parties. This is impossible unilaterally.

Examples of wording and other items

Sample wording for this section might look like this:

• employee “X” is given a “flexible working time regime” with a total amount of time - 30 hours per week;
• for employee “X” is set six day work week, the days are determined by the employee himself;
• a break is scheduled between from 12.00 to 12.30;
• is installed “weekly” type of accounting period.

The photo shows a sample employment contract with a flexible work schedule:

Responsibility of employer and employee

The liability of the parties is governed by the general provisions of the Labor Code. Violating the employee's right to rest and a break, the employer risks being fined. The fifth section of the Labor Code covers this issue in detail.

Attention! prohibits exceeding the overtime work norm, it amounts to 120 hours per year. This also applies to flexible scheduling.

If the employee does not work conscientiously, he also runs a risk. Abuse of flexible hours, which leads to disruption of work process, may result in termination of the contract.

Markers of abuse are: violation of fixed time, shortcomings, failure to complete the specified amount of work.

Attention! A flexible schedule is not a license to miss company events.

Conclusion

There is nothing fundamentally new in this type of work process organization.

When drawing up a contract it is worth relying on the Labor Code.

The main article to refer to is TC 102.

It gives greater freedom in developing the optimal work structure.

The main point in it is the agreement of the parties; other parameters may vary. The rest regime and breaks are regulated by the fifth section of the Code.

When concluding a contract, it should be indicated that this particular type of organization of working time has been chosen. It is necessary to designate such conditions as fixed time, reporting mode, breaks.

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

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Many trade and manufacturing enterprises work seven days a week, and the working day lasts for more than 8 hours. This is called "flexible work hours." What is he?

Basic information

In the 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. This is 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. The main feature of the system is that 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:

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

With a sliding 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 determining the salary, 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 salary for the month is divided by the number of working hours for the 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 the organization’s production process 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 a staggered schedule, but is not obligated 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 it is

A flexible work schedule is a way of distributing work activities that allows an employee to independently determine 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:

The 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 about 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 an excellent opportunity not only to earn money, but also to acquire skills and apply knowledge in practice.

Experts will tell you how to specify working hours in an employment contract and how to reflect a shift 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 duties according to the general schedule of the organization, there is no need to register a separate one on an individual basis.

In practice, this issue is resolved by creating a local regulatory 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 a new operating mode is prescribed.

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

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

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

You can work no more than four hours at an additional job if the employee is busy with the main job that day. In his 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.