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Establishment of an individual mode of operation. Individual mode of work of an employee

Initially, a flexible mode of being at the workplace was provided for employees with children.

The order of their work was regulated by Decree No. 170 / 10-101 State Committee Labor of the USSR and the Secretariat of the Trade Union of June 06, 1984, which has its effect even now, to the extent that it does not contradict the current legislation.

A little later, another Decree No. 162/12/55 of the USSR Labor Committee and the Trade Union Secretariat of May 30, 1985 was issued.

This document provides guidance on the use regime not limited by strict limits coming to work and leaving it for all those who are involved in production, in institutions and organizations of various industries National economy.

What is this?

Flexible working hours - organizational form, in which individual employees or a certain part of the team have the opportunity independently determine your schedule and hours.

In order for the labor process not to suffer as a result of the absence of one or another person, flexible schedule is broken down into the following components:

Peculiarities

If the GDV is determined for the day, then the employee must, regardless of the time of his arrival, work out the time limit(mostly 8 hours) during the current day.

With a flexible schedule for the week, the daily time spent in the office may vary, but together should be the established norm(usually 40 hours). The same principle applies to the summation of working hours with a flexible regime set for a month.

Time of arrival and departure of the worker determines independently, fixing the time spent at work in a special journal or electronically.

Where is the best place to use it?

It is most objective to apply a flexible schedule in the following cases:

  • in sales— for promoters, real estate agents, sales managers, etc.;
  • for people creative professions– designers, artists, photographers, etc.;
  • For specialists on IT-technologies, marketing and PR actions.

This option is convenient for any company whose activities are aimed at achieving a result or in the case when there are problems with attracting a high-class professional in order to interest the necessary specialist.

Naturally, no one canceled the possibility of using a flexible schedule for employees, having children if the conditions of her professional activity allow it.

Another argument for using such a working regime in major cities – traffic jams.

By adjusting the time of his coming to work and returning home, a person has the opportunity save considerable time being on the road and save the nervous system.

General procedure for establishing

In the Labor Code of the Russian Federation, article 100 determines that the working hours regulated by internal labor regulations. It is based on legal acts, which reflect the norms labor law, collective agreement and agreements.

The flexible schedule mode can be set for an employee based on his personal request or with his consent. The decision depends on some circumstances.

If the rules work schedule established in this organization, allow the possibility of a flexible schedule at a personal request, then the employer is obliged satisfy the appeal.

The basis is statement employee. In the case where the local Act implies an agreement of the parties on this issue, upon receipt of an application, the employer has the right to resolve the issue, taking into account the expediency and operational need. In such a situation, it is possible to justify refusal.

Labor Code of the Russian Federation. Article 100. Working hours

The working time regime should provide for the duration of the working week (five days with two days off, six days with one day off, work week with days off rolling schedule, part-time work week), work with irregular working hours for certain categories of workers, the duration of daily work (shifts), including part-time work (shifts), start and end times, work breaks, number of shifts per day, alternation working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from general rules established with this employer - by an employment contract.

Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.

Day length

Time periods constituent elements flexible schedule, including the type of accounting period, are determined by the enterprise. Basically, the allowable day length limit is 10 hours.

A break for rest and meals is set within half an hour to two hours. As an exception, the maximum allowable time at work, including breaks, may be 12 hours. This applies to all types of accounting period, except when it is set to a day.

Statement

foundation to transfer to a rolling schedule is his statement.

This is the first thing the employer will require, as proof the fact that the employee will not be against changing the basic working conditions.

When writing an application, it is important to remember that a flexible schedule can be set either without time limits or for any period that is convenient for the employee, so the application must contain not only desired schedule, but also period for which it is implemented.

It is also worth pointing out reason such a transition and, if desired, attach a copy of the document confirming it. After the manager signs the application, it is sent to the personnel department, where the responsible specialist draws up individual schedule labor, addition to the employment contract and order about translation.

Applications for the establishment of a flexible schedule.

Issue of the order

The basis for the order to transfer to the GDV is additional labor agreement. It must contain the following information:

  • Full Name;
  • job title;
  • accounting period type.

Familiarization of the employee with the order is carried out against signature in the prescribed manner.

It should be noted that the employee switches to common mode immediately after the end of the period for which the GDV was established.

You can transfer the entire department to the GDV. In this case, the order is issued on the basis of a collective statement with the signatures of all team members who agree with the new conditions. If the initiative comes from the administration, then, according to Art. 74 Labor Code of the Russian Federation, employer must warn all employees for at least two months.

Labor Code of the Russian Federation. Article 74 technological conditions labor

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.

The employer is obliged to notify the employee in writing about upcoming changes in the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

With absence said work or refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.

In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of this Code, to adopt local regulations , introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

Drawing up an order on the establishment of flexible working hours.

Reflection in the employment contract

What is needed: an employment contract with a new employee or issuance of an agreement to the old one?

In case when new employee initially hired on a flexible schedule, this is reflected in his employment contract .

If there is a need to transfer a full-time employee, then on the basis of his application, a additional agreement.

Both the employment contract and the supplementary agreement to it should reflect the following information:

  • Full Name;
  • job title;
  • the period for which the flexible schedule is implemented;
  • variable and fixed time;
  • break time for meals and rest;
  • accounting period type.

The document must state that changes may be included by mutual agreement of the parties.

Additional agreement on the establishment of a flexible mode of operation.

Summary Accounting

Accounting for working time at GDV quite difficult. For example, variable time is set in terms of coming to the workplace from 8.00 to 10.00, and leaving is limited to 17.30 to 19.30. One day, an employee may start the working day at 8.30 and leave at 18.00, the next day the visit to the office will shift by an hour.

The only way out in this situation is daily time stamp employee assigned this responsibility. To perform this function, forms of accounting for working hours are provided, adopted by Resolution No. 1 of the State Statistics Committee dated January 5, 2004.

In a situation where the accounting period is a week, then, having not worked in one day, during the current week the employee is obliged to finalize so that the total amount of time is 40 hours. If the accounting period is a month, the algorithm of actions is similar.

It is worth noting that the flexible schedule mode not reflected a separate entry in the work book.

Salary

The most optimal solution is time wage system with the establishment of official salaries or hourly tariff rates.

If the accounting period with flexible schedule less than a month, then remuneration is made according to the established salary or hourly rate.

Example: Official salary of Ershova A.N. - 30,000 rubles, the norm of hours per month - 160, actually worked out - 150.

Accrued salary \u003d 30000 / 160x150 \u003d 28150 rubles.

Results

The legislation does not provide for the procedure for calculating the hourly tariff rate, therefore, the organization makes his own choice, which fixes in local regulatory documents.

The use of GDV should not cause damage production process, not all employees have sufficient self-organization skills, so such a decision should be preceded by careful analysis possible consequences.

Wherein employer's refusal to flexible schedule should not contradict the current legislation and internal regulations.

The main purpose of this regime is to provide comfortable conditions employees to improve their performance.

Such a solution should contribute to the optimal combination economic interests organizations with social and personal needs workers.

Tamara FEDOROV,
lawyer, leading expert of the magazine "Kadrovoe delo"

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

Time to work

In any organization, from a small company to a giant holding, 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 duration 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 responsibility.

Work in the flexible schedule mode does not affect the remuneration of the employee, does not affect the provision of benefits to him and the calculation of seniority
For certain categories of workers, the rules allow for the possibility of flexible working hours. Under this regime, the beginning, end or total length 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 rolling schedule

Imagine that you, as the head of the organization, were approached by an employee with a request to set up 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 in this case is whether you are obliged to satisfy the request of a subordinate? 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 must at the request of the employee to establish flexible working hours, nothing can be done, you need to meet this desire.

A sliding work schedule can be set both without a time limit, and for any period convenient for the employee.
If the rules say that such a regime is established by agreement parties to the contract or nothing is said about it at all, you have a certain freedom of choice. You can refuse an 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 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 conditions of the employment contract, namely the conditions on the 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 female workers with the duration of the main and weekly rest established by law. At the same time, the maximum total duration of working time per day should not exceed 10 hours.

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

After you sign the application of the subordinate, you should transfer it to the personnel department of the company. 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 properly draw such a schedule.

Rolling Chart Elements

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

Then you have to decide on fixed time. This is the time when the employee without fail must be present at work. Let's say from 11 am to 5 pm. Fixed working hours - this is the main part of the working day, which allows you to ensure the normal performance of work and maintain the necessary service contacts.

When developing a rolling 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 should be at least 30 minutes and not more than two hours**.

Control over the timely start and end of work and the correct use of working time during the working day should be carried out by the head structural unit
After the schedule is drawn up, you need to decide on the choice accounting period. This is the period during which the employee must work out the norm of working time established by law ***. It 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 week, working according to the schedule 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 day usual rate- 8 ocloc'k.

If the accounting period is a week, then all the employee's working days can be of different lengths. The main thing at the same time is that for a weekly period she worked out the established norm, namely 40 hours. You can see what the flexible work schedule will look like in this case on the page above*****.

Sample

Transfer to the main mode

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

If the employee wants to switch to a regular work schedule ahead of schedule, you need to act in the same manner as when establishing a flexible schedule. Require an appropriate application, draw up amendments to the employment contract, issue an order abolishing flexible working hours.

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

* - It is possible to change the essential terms of the employment contract only by agreement of the parties.
** - Clause 3.3 of the Decree 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 regulation on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children." Document published on page 104.
*** - Clause 2.1 of the Decree of the USSR State Committee for Labor and Social Affairs and the All-Union Central Council of Trade Unions dated May 30, 1985 No. 162, No. 12-55 "On the approval of recommendations on the use of flexible working hours at enterprises, institutions and organizations of the sectors of the national economy" . Document 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 working week is 40 hours (Article 91 of the Labor Code of the Russian Federation).
***** - The same work schedule can be applied for a longer accounting period, for example, a month, a quarter, a year. Since it is extremely difficult to paint every day of work in a long accounting period.

The labor code includes a vague notion of flexible working 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. Work in the regime of flexible working hours

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

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

In practice, three types of flexible schedules are used:

  1. sliding (floating)- for a particular 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 labor activity.
  3. in shifts- employees perform official duties in the mode of alternating shifts - day and night, morning and evening.

The given flexible modes of work are suitable for students who combine the performance job duties with training in educational institution; women on maternity leave or parental leave; people of creative professions, working "by inspiration".

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

You can see the table below:


The picture shows the completed document:

When is this mode of operation not suitable?

Flexible hours do not apply:

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

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

Proper execution of the employment contract. Sample document

The flexible working time regime in the employment contract is prescribed in the paragraph "Nature of work and rest", or similar to it. The constituent elements of the free work schedule should be specified in detail. The relevant section of the contract is drawn up as follows:

"The employee is set a flexible work schedule with a 5-day work week of 35 hours."

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

The remaining sections of the employment contract with a flexible schedule do not differ from those in the usual mode of work. Be sure to indicate the place of work, the rights and obligations of the parties, due to the employee guarantees, the period for granting annual paid leave.

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

An example of a document is shown in the photo:

Responsibility for non-compliance with the flexible regime of work and rest

The establishment of a flexible schedule in an organization or an 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 use a free work regime, 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 in the event of emergency it is allowed to exceed the number of hours worked by no more than 120 per year. The employer, ignoring the law and forcing the employee to work in excess of the time established by the flexible schedule, is brought to administrative responsibility.

For violation labor law according to paragraph 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation, a fine of 1,000 to 5,000 rubles is provided 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 normative legal acts containing labor law norms
Paragraph 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:

  1. shall entail 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 formation of 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 to an employee who does not properly perform the duties assigned to him, in the form of a remark, reprimand and dismissal.

Lateness without a valid reason, absenteeism, violation by the employee of the lunch break period established by the 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! To the leaders different levels who violate labor laws, according to Article 195 of the Labor Code of the Russian Federation, a disciplinary sanction may be applied.

Article 195

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.

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

The introduction of a flexible schedule has a negative impact on the environment. An increase in the length of time spent by employees at the workplace disrupts the heating and cooling of buildings, increases the amount of electricity consumed.

Most managers refuse flexible working hours of employees due to the inability to control the proper performance of their duties.

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

How to change the work schedule?

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

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

  • at the initiative of the employer;
  • at the initiative of the worker.

    • If the first option involves making a decision unilaterally with the obligatory notification of 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 the submission of an appropriate application and subsequent discussion of working conditions with the head of the enterprise.

    Below we will consider the procedure for compiling 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 working hours. Such a desire can be caused by various circumstances, for example, the illness of a close relative, etc.

    Consider the step by step preparation of the application:

  • In the upper right corner, the name of the employing organization and the data of its head are indicated. Below you need to write the position of the employee and his full name.
  • The word "statement" is written in the center.
  • The text of the document should indicate the purpose of the employee related to the adjustment of the working regime. Therefore, it is advisable to begin the main part of the application with the phrase “I ask you to change the schedule of my working hours.” Next, the current regime is indicated and a new version of the schedule is proposed. Below is the reason for the change. If it is assumed that innovations will be temporary and associated with the onset of an event, it is advisable to indicate this fact.
  • Next, the employee puts his signature, its transcript and date.

    • The employer, after reading the application, may agree with the proposals or reject them. If the issue is resolved positively, the visa “Agreed” is put on the document, and it is transferred to the personnel 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 mode of operation: pros and cons

    Aminov Vladimir, CEO LLC "ABS-Consult"

    All employees of the organization are subject to internal labor regulations. But there are cases when it is more convenient to set an individual mode of operation. For example, if an employee for personal reasons cannot be at work all day or all week. Or when it is important for an employer to have an employee at the workplace only at certain hours. Is such a working regime of employees beneficial for the company? What difficulties can be encountered in establishing an individual work regime and drawing up an appropriate work schedule?

    What is the individual mode

    The Labor Code does not fix the concept of "individual mode of work". It is most often understood as a flexible working time regime (it is called flexible, sliding or free). This mode means that an employee can regulate the start-end time of work or the total length of the working day (shift) by agreement with the employer (Article 102 of the Labor Code of the Russian Federation).

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

    The part-time regime, which is established for individual employees when they are hired 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 staff of the organization *. Individual regimes include work at 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 the result of the work (creative workers)

    There is a need to keep a summarized record of working time, every day to strictly fix the time of the beginning and end of the employee's working day

    (Art. 102, 104 of the Labor Code of the Russian Federation)

    Increases the efficiency of employees, as they themselves choose a convenient working time

    Although the beginning, end or total length 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 fix specific hours of coming to work (leaving work), but for example, it says that the employee must arrive no later than 14.00 and the total duration of the working day is fixed.

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

    The motivation and loyalty of employees increases, since such a regime means an improvement in 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 you do not need the presence of an employee at work all day (cleaning lady, visiting accountant, legal adviser, etc.)

    As a rule, the amount of work performed by an employee who previously worked in the usual eight-hour mode is reduced

    Allows the employer to reduce the cost of wages, as it is charged in proportion to the time worked or the amount of work performed

    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

    Practically impossible to control the work of employees

    It is convenient when the employer cares not for the process, but for the result of work (creative workers)

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

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

    Allows the employer to save on the organization of jobs

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

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

    Variants of individual modes in various 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 parental leave, but is not able 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, 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 studying educational institution full-time department and can only work at certain times

    Part-time work with an individually set work schedule, tailored to curriculum(For example,

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

    Part-time work plus flexible hours (for example, hours of mandatory attendance at work 16.00-17.00, total work time 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 you need to complete and what steps to take.

    Flexible mode: what's the catch?

    The main disadvantage of this regime is the complexity of accounting for hours worked, since the employee is given a certain freedom to decide when to start and end work**. For example, a "floating" start time is set - from 09.00 to 11.00. On Monday, the employee came 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, to establish the exact number of hours worked per day (week, month)? Only by daily strict fixation of the time of arrival and departure of the employee. 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 rotating schedule, otherwise you risk facing abuse and shortcomings on the part of the employee.

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

    But sometimes flexible mode can be more convenient than a standard working day. It's about about employees who need to leave the workplace often, and do not need to spend the whole day on it. These are real estate and insurance agents, sales and customer service managers, couriers. The salary of agents (or part of it) is often piecework, that is, it depends on the number of contracts concluded. Therefore, accurate accounting of their working time is not as important as for employees in whose work the “process itself” is valued, such as accountants, office managers, sales consultants.

    Mode or schedule?

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

    Who benefits from part-time work?

    Part-time work is usually requested by employees who, for whatever reason, cannot be present at work all day (all week). Remember that the law defines cases when this regime is mandatory, even if it does not suit 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 take care of sick family members, etc. (Art. 93 of the Labor Code of the Russian Federation).

    As a rule, part-time work, established on an individual basis and for personal reasons, is beneficial only to the employee. However, in the absence of objections from the employee, it is possible to draw up a work schedule so that the loss of time will be small.

    Part-time work does not reduce hours annual leave an employee does not entail restrictions on his work experience and other rights (Article 93 of the Labor Code of the Russian Federation).

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

    Do not forget that if you individually set additional days off for an employee and fixed this mode in his employment contract, work on such days is considered work on the weekend. It is paid in double size (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 the result: translators, IT specialists, creative workers (journalists, artists, designers, etc.). Home work (it is also called remote, freelancing) can be good option labor relations with non-resident employees who do not have the opportunity to move. The disadvantage of working from home is that the employee cannot be controlled. Accordingly, it is difficult to identify and eliminate shortcomings in the process of work. Therefore, give the homeworker tasks in advance, taking into account the time for revision.

    There is another aspect: homeworkers “fall out” of labor collective, lose their official connections, qualifications, and the ability to quickly resolve work issues. Such an employee will need an adjustment period if he wants to return to the usual mode of 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 state in the employment contract that the work is home-based. Secondly, to determine the order of interaction between the homeworker and the employer, the deadlines for completing tasks, and others. the 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 by 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 the systematic violation of the established deadlines for completing tasks. Or due to a long-term lack of demand for manufactured products, if a homeworker was accepted for the manufacture of any goods.

    Colleague's comment

    Galiya IZMALKOVA, Head of the Human Resources Department of Risar LLC (Republic of Tatarstan, Kazan):

    - If you decide to establish a flexible mode for an employee, you should not give him complete freedom and determine only the start and end times of the working day, otherwise he will not appear in the office at all. By providing a certain freedom of comings and goings, designate a rigid but objective time frame for the employee to deliver the results of work. Set fixed working hours in the schedule, that is, hours of mandatory presence at the workplace. This is just a recommendation*, but its importance cannot be overestimated: a fixed time will make it easier for you to keep track of working hours, and it 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 meals lasting no more than two hours and at least 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 on the application of flexible working time regimes at enterprises, institutions and organizations of the sectors of the national economy" (approved by the Decree of the USSR State Labor Committee 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 the staff of the organization to part-time work when organizational or technological working conditions change, see Nos. 4 and 5, 2009.

    ** For more information on how to set up flexible working hours for an employee, see 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, a sample document

    Not all employees are able to easily come to the service by the set hour and quickly join the labor process. The performance of certain categories of employees directly depends on the performance of official duties at “convenient” hours.

    An alternative to the standard work schedule is the introduction of a flexible regime that has advantages and disadvantages for the employee and the employer.

    Dear readers! Our articles talk about typical solutions legal issues but each case is unique.

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

    The labor code includes a vague notion of flexible working 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. Work in the regime of flexible working hours

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

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

    In practice, three types of flexible schedules are used:

  • sliding (floating)- for a particular employee, the start and end time of the working day is shifted while maintaining its duration.
  • Free- in connection with the specifics of the profession, the employee independently determines the time and mode of labor activity.
  • in shifts- employees perform official duties in the mode of alternating shifts - day and night, morning and evening.

    • The given flexible work modes are suitable for students who combine the performance of work duties with training in an educational institution; women on maternity leave or parental leave; people of creative professions, working "by inspiration".

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

    The Appendix to Order No. 112 of 08.09.2003 of the Ministry of the Russian Federation establishes a list of professions in the field of communications and information, the specificity of which makes it necessary to introduce flexible working hours.

    To streamline the workflow, the flexible schedule is divided into elements:


  • fixed time- daily intervals required for presence at the workplace;
  • variable time- independently determined by the employee (convenient hours for the beginning and end of the working day);
  • meal break- the right to food, fixed by Article 108 of the Labor Code of the Russian Federation, the variability or constancy of the lunch break is based on an agreement between the employer and the employee.

    Article 108. Breaks for rest and meals

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

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

    At jobs where, due to the conditions of production (work), 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 during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations.

    The procedure for accounting for hours worked

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

  • daily- the rate of hours of work per calendar day;
  • weekly- norm per week;
  • monthly- Number of hours worked per month.

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

    Fixing and accounting of the time of work of each employee is carried out by specialists of the personnel department or the personnel department in the T-13 form based on the data received. The collection of information about the time of the beginning and end of the working day of employees is organized by the management of the enterprise in the form of:


    1. shall entail a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand roubles;
    2. for persons engaged in entrepreneurial activities without forming a legal entity, from one thousand to five thousand rubles;
    3. for legal entities from thirty thousand to fifty thousand rubles.

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

      Lateness without a valid reason, absenteeism, violation by the employee of the lunch break period established by the 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.

      Article 195

      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.

      In the event that the fact of a violation is confirmed, the employer is obliged to apply a disciplinary sanction up to and including dismissal to the head of the organization, the head of the structural unit of the organization, their deputies.

      The introduction of a flexible schedule has a negative impact on the environment. An increase in the length of time spent by employees at the workplace disrupts the heating and cooling of buildings, increases the amount of electricity consumed.

      Most managers refuse flexible working hours of employees due to the inability to control the proper performance of their duties.

      Flexible working hours

      Working with flexible working hours is not very popular with employers, but, as a rule, employees really like it. Find out when flextime is needed, how to set it up and how to pay

      Read our article:

      Flexible working hours according to the Labor Code of the Russian Federation

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

      The beginning, end or total length of the working day under this regime is regulated by agreement of the parties. And the employee can work out the necessary norm of time for a longer accounting period.

      Download documents from the article:

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

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

      Exceeding the limit of 1 year is not allowed, and for employees employed in work 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 flexible working hours are needed

      It is inappropriate to use flexible working hours at all enterprises and without exception for the entire team. After all, many types of work require presence on site from 9 am to 6 pm. This practice is most often resorted to by companies that involve creative professionals and those who can work on a computer remotely.

      The most advanced companies have recently begun to use “open office”, meaning that a specific workplace is not assigned to an employee. There is a single space, with seats that can be occupied by anyone.

      The employee spends most of his time outside the office, appearing at work when it suits him, or at a set time for planning meetings, meetings, reporting. This way 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 members of the team do not appear in the office at the same time, it is not required to maintain a large number of jobs and, as a result, huge offices. And this is a significant savings not only on rent, but also on the maintenance of premises.

      The staff will receive:

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

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

      There are 14 problems that every second personnel officer faces during the holiday season. The editors prepared a quick hint for each problem, and so that you get only the information you need, they taught the article to adapt to your situation.

      How to set up flexible working hours

      Flexible working time is a regime, the establishment of which is allowed both during employment and already in the process of work. At the same time, everything is very clear with the employment process, all agreements are prescribed in the employment contract, except for a signature, nothing is required.

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

      Step 1 . Initiating change

      If an employee initiated the introduction of the GDV, he submits an application with a request to change the regime. It indicates the period for which the changes are established and the proposed work schedule. The application can be submitted both to the immediate supervisor and to the HR department, and the adjustments can take effect the very next day (on the day specified in the application).

      If the initiator was the employer, the procedure will be significantly delayed in time. Notification of a change of regime is sent to the employee 2 months before the introduction of the proposed changes. It is drawn up in writing in 2 copies and on a copy of the company it is necessary to receive confirmation of delivery and the decision of the employee.

      Step 2. Additional agreement

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

      All new conditions must be spelled out in the agreement:

    • date of the change;
    • new work schedule;
    • the period for which it is entered.

      • The supplementary 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 should reflect the essence of the agreement with the employee. It is compiled in free form on the letterhead of the employer. It is worth pointing out not only new mode labor, but also the accounting period.

      Flexible working hours in the employment contract

      The reflection of the 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 section “Working time and rest time”.

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

      In the contract, it is important to indicate not only the mandatory hours of work and the proposed schedule, but also the period for which it is set. If such a period is not specified, then the regime is subject to use on an ongoing basis.

      If the GDV is used for a specific group of personnel and is registered in the company's PWTR, it is allowed not to describe it separately in the contract, referring to the Rules.

      An 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 the working day (in hours)

      Break for rest and meals (in hours)

      The employee must work (in hours)

      Here the employee can start working in the interval from 8:00 to 11:00. At the same time, he can finish the day, respectively, in the time interval from 17:00 to 20:00, subject to the obligatory working out of 8 hours during the day.

      Compensation for flexible working hours

      The amount of an employee's earnings on the GDV is determined in proportion to the hours worked. Payment can be made both on the basis of the monthly tariff rate and the hourly tariff.

      Everything is easier with an hourly rate. How many hours did you work wages and received. Whereas with a monthly salary, it is worth considering the monthly rate of hours. For each worker, it is necessary to draw up individual work schedules, in which the norm is determined. It should be noted that the maximum duration of the accounting period cannot exceed 1 year.


      A timely and competent transition to the use of such a system can attract good specialists and significantly improve performance. Also read Guy Pearce wanted to commit suicide after a divorce Katie Price told how old she feels Natasha Koroleva is very sorry 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 Babies 16 Intimate Things Every Couple Should Do At Least Once What part of your body do you wash first in the shower? This speaks volumes! 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 regulations. So, for example, for drivers, the duration of the daily (between shifts) rest, together with the break time for rest and meals, must be at least twice the length of the working time on the working day (shift) preceding the rest.

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

      Individual mode of operation: pros and cons

      Working hours - from 9.00 to 17.00 with a break for rest and meals lasting 1 hour from 13.00 to 14.00, which is not included in working hours and is not paid. The employee is set official salary 25 000 rub.
      per calendar month based on the norm of 35 hours per week. Wages are paid in proportion to hours worked. Document fragment. Article 93 of the Labor Code of the Russian Federation In this case, when such a regime is established, the employee is given 7 hours a day in the timesheet.
      And if the employee works more than 7 hours, this time will be treated as overtime work. Adjusted federal law June 30, 2006
      N 90-FZ the concept of overtime work under Art.

      Flexible working hours

      Labor Code of the Russian Federation), for employees under the age of 16 - 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 part-time employees, the normal working week is reduced.
      A specific method of maintaining summarized accounting 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 on limiting the duration of working hours in the case of summarized accounting can be established in industry agreements. For example, employee hours oil and gas industry when summarizing (incl.


      hours and at shift method work) should be no more than 12 hours a day. This is stated in paragraph 4.2 of the Industry Agreement dated December 13, 2013. For employers, such agreements are obligatory only if they join them (art.
      48 of the Labor Code of the Russian Federation).

      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, on overtime work, etc.). We also recall that the flexible working time regime can be established: - both at the conclusion of an employment contract, and later; - both for a fixed period and indefinitely, - since there are no restrictions for the establishment of such a regime by law.

      Attention

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


      102 of the Labor Code of the Russian Federation, the parties to an employment contract can use various options for working in a flexible schedule.

      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 employees, you need to determine whether the hours for the accounting period are observed. As a rule, in this mode of operation, a year is set as the accounting period. The availability of processing can be adjusted by providing additional days off according to the schedule. In addition, attention should be paid to compliance with the requirements for the duration of daily rest.

      The Labor Code does not establish the minimum duration of daily (between shifts) rest. According to the established practice, the working hours in the organization are set, as a rule, in such a way that the minimum duration of the daily (between shifts) rest, together with the lunch break, is at least twice the length of the working time on the day (shift) preceding the rest.

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      At the same time, employees must be compulsorily familiar with the possibility of using such a schedule. If, upon admission to work, 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 order for employment.

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

      On page 42 we give an example of filling additional agreement to an employment contract. federal state unitary enterprise"Vympel" 29.03.2013

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

      Federal State Unitary Enterprise "Vympel" 29.03.2013 N 33 Puchezh On the establishment of working hours I order: 1. To establish from 01.04.2013 to 09.30.2013 laboratory assistant A.A. Lyutina: 1.1. Flexible working hours with part-time work week, duration 24 hours. 1.2. Four-day working week - Monday, Tuesday, Wednesday, Thursday; days off - Friday, Saturday, Sunday. 1.3. Fixed time (obligatory presence at the workplace) - from 10.30 to 12.00 and from 14.00 to 15.30. 1.4. Break for rest and meals - from 13.00 to 13.45. 2. Considering that in the implementation of Lyutina A.A. work function, the established daily and weekly working hours cannot be observed, to be introduced in accordance with Art. 104 of the Labor Code of the Russian Federation summarized accounting of working hours, 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 according to a staggered schedule. According to Part 1 of Art. 104 of the Labor Code of the Russian Federation, when, according to the working conditions, the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period do not exceed the normal number of working hours. Accordingly, with such a regime of working hours, it is necessary to introduce a summarized accounting of working hours with an accounting period not exceeding a year, and for workers employed in work with harmful and (or) dangerous working conditions - three months.

      Work on an individual schedule

      If the employee already had a certain regime, but it became necessary 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 made at any agreed time. When establishing an individual mode of work, it is important to prescribe the conditions for remuneration in the employment contract this 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 mode of work on a part-time working week (part-time), then the duration of the working week (working day) is prescribed in the employment contract, for example: “The employee is set a part-time working week of 35 hours and a part-time working day of 7 o'clock.
      It should be borne in mind that the transfer to flexible working hours should be preceded by careful preparatory work to justify the possibility and expediency of its use in a particular unit or workplace, organize the recording of working hours, make the necessary organizational and technical changes in the forms and methods of labor organization. According to the Recommendations, the flexible working time regime is a form of working time organization, in which individual employees or teams of enterprise departments are allowed (within certain limits) to self-regulate the beginning, end and total length of the working day. At the same time, full working out of the total number of working hours established by law during the accepted accounting period (working day, week, month, etc.) is required.
      As a rule, the records of working hours are kept by the heads of departments and (or) personnel service institutions. At the same time, the most various methods and means of accounting.

      Someone makes entries in special cards or journals, and someone uses individual time counters or watch stamps. As a general rule, the accounting of working time when establishing a flexible schedule is kept in the time sheet according to unified form T-13, which is filled out according to the following rules: in the upper lines of column 4, opposite the employee's last name, an alphabetic ("I") or numeric ("01") code is entered, and the duration of work in this mode is indicated in the lower lines.

      According to the norms of the current labor legislation, the employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, etc. - part 2 of article 102 of the Labor Code of the Russian Federation).