Initially, a flexible mode of staying in the workplace was provided for for employees with children.

The order of their work was regulated by Resolution No. 170 / 10-101 State Committee Labor of the USSR and the Secretariat of the Trade Union of June 6, 1984, which has its effect even now, in the part that does not contradict the current legislation.

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

This document gives recommendations on the use of not limited by strict framework coming to work and leaving it for all those who are involved in production, in institutions and organizations of various sectors of the national economy.

What is it?

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

To labor process did not suffer as a result of the absence of this or that person, flexible schedule is broken down into the following constituent elements:

Peculiarities

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

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

The time of his arrival and departure of the worker determines independently by recording the time spent at work in a special journal or electronically.

Where is it smarter to use?

It is most objective to apply flexible hours 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 achievement of the result or in the case when there are problems with attracting a high-class professional in order to interest the required specialist.

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

Another argument for using such a labor regime in large cities is traffic jams.

By regulating the time of his arrival at work and return home, a person has the opportunity save significant time being on the road and save nervous system.

General procedure for establishing

V Labor Code RF article 100 determines that regulated by the internal labor regulations... It is based on legal acts that reflect the norms labor law, collective bargaining agreements and agreements.

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

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

The basis is statement employee. In the case when the local Act presupposes 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 expediency and production necessity... In such a situation, a reasoned refusal.

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

The working time schedule should provide for the duration of the working week (five days with two days off, six days with one day off, a working week with days off on a sliding schedule, part-time working week), work with irregular working hours for certain categories of workers, duration daily work(shifts), including part-time work (shift), start and end times of work, break time, number of shifts per day, alternation of 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, collective bargaining agreements, agreements, and for employees whose working hours differ from general rules established with the given employer - an employment contract.

The specifics of the working hours and rest hours of transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.

Length of the day

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

Rest and meal breaks are set within from half an hour to two hours... As an exception, the maximum time allowed for work, including break, may be 12 hours... This applies to all types of accounting period, except when it is set for a day.

Statement

The basis to transfer to a rolling schedule is his application.

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

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

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

Flexible Schedule Statements.

Issue of an order

The basis for the order to transfer to GDV is additional contract of employment ... The following data must be reflected in it:

• Full Name;
• position;
• type of accounting period.

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

You should pay attention to the fact that the employee switches to general regime immediately after the end of the period for which the GDV was installed.

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

Labor Code of the Russian Federation. Article 74. Change determined by the parties terms of an employment contract for reasons related to changes in organizational or technological working conditions

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

The employer is obliged to notify the employee of the upcoming changes to the terms of the employment contract, as determined by the parties, as well as the reasons that caused the need for such changes. writing not later than two months, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (as vacant post or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which 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 area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or refusal of the employee from the proposed work, the employment contract shall be 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 mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulations , introduce a part-time (shift) and (or) part-time working regime for up to six months.

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

The cancellation of the part-time (shift) and (or) part-time working week before the period for which they were established is made by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes to 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 a flexible working hours.

Reflection in the employment contract

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

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

If it becomes necessary to transfer a full-time employee, then based on his application, a additional agreement .

Both in the employment contract and in the supplementary agreement to it, the following should be reflected information:

• Full Name;
• position;
• the period for which the flexible schedule is introduced;
• variable and fixed time;
• break time for meals and rest;
• type of accounting period.

The document should state that changes it can be entered by mutual agreement of the parties.

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

Summarized accounting

Accounting for working hours with GDV rather difficult... For example, a variable time is set in the part of arrival at workplace from 8.00 to 10.00, and leaving is limited from 17.30 to 19.30. One day an employee can start a 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 recording the employee who is assigned this duty. To perform this function, forms of accounting of working hours are provided, adopted by Resolution No. 1 of the State Statistics Committee of January 5, 2004 No.

In a situation where the accounting period is a week, then having underworked 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 the same.

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

Salary

The most optimal solution is time-based pay system with the establishment of official salaries or hourly wages.

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

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

Accrued salary = 30,000 / 160x150 = 28150 rubles.

Outcomes

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

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

Wherein employer's refusal to establish flexible schedule should not contradict applicable laws and internal regulations.

The main purpose of this regime is to provide comfortable conditions to the employee, which will allow him to increase the effectiveness of his work.

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

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

In the fall, employees usually turn to management more often with a request to establish a preferential work schedule for them. Indeed, in September, classes begin in various educational institutions, and students combining work with education, 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 set.

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 length of the working week (five or six days), 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 offender faces disciplinary liability.

Working in a flexible schedule does not affect the employee's wages, does not affect the provision of benefits and the calculation of work experience

For certain categories of workers, the rules allow for the possibility of a flexible working regime. In 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, flexible hours are set at the request of the employee.

I want to have a sliding schedule

Imagine that you, as the head of the organization, are approached by an employee with a request to establish flexible working hours 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, are you 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, there is nothing to be done, you need to meet such a desire.

A sliding work schedule can be set both for an unlimited period and for any period convenient for the employee.

If the rules say that such a regime is established by agreement the parties to the agreement 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 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 the working hours *. The application must indicate desired work schedule and time period on which it is installed.

Quoting 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 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 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 subordinate's statement, you should submit it to the company's HR department. Based on the application, the personnel officer will prepare a draft of changes to the employment contract and a draft order, which will approve an individual work schedule. Let's see how to correctly draw up such a schedule.

Sliding Chart Elements

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

Then you should decide on fixed time. This is the time when the employee must be present at work. Let's say from 11 to 17 hours. Fixed working hours are 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 sliding chart, one should not forget and about breaks for meals and rest, which, as a rule, divide the fixed time into two equal parts. Such breaks must be at least 30 minutes and no more than two hours **.

Control over the timely start and end of work and for correct use working hours during the working day must be carried out by the head of the structural unit

After the work schedule is drawn up, you need to decide on the choice accounting period... This is the period during which the employee must work the working hours 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 period, working according to the schedule on Monday, Wednesday, Friday from 8 to 17, and Tuesday, Thursday from 10 to 19, the employee fully complies with the terms of your agreement. Since she completely fulfills her usual rate of 8 hours per day.

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

Sample

Switching to the main mode

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

If the employee early wants to switch to normal work, you need to proceed in the same manner as when establishing a flexible schedule. Require an appropriate application, draw up changes to the employment contract, issue an order canceling the flexible work schedule.

However, you should remember that it is your right, not an obligation, to cancel the flexible working time agreement before the end of the agreement. And if, for some reason, the organization is not profitable to meet the request of the worker, you are completely legal basis you can refuse her this.

* -It is possible to change the essential terms of the employment contract only by agreement of the parties.
** - Clause 3.3 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 the approval of the regulation on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children." Published on page 104.
*** - Clause 2.1 of the Resolution of the USSR State Committee for Labor and Social Issues and the All-Union Central Council of Trade Unions of May 30, 1985 No. 162, No. 12-55 "On the approval of recommendations for the application of flexible working time regimes at enterprises, institutions and organizations of the branches of the national economy" ... 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, month, quarter, year. Since it is extremely difficult to schedule every day of work in the conditions of a long accounting period.

As a rule, the working time schedule provides for five (six) working days and two (one) days off. However, for certain categories of workers, a flexible working regime is allowed. In the article we will tell you what regulates the flexible working time regime, what documents are needed when establishing it, and consider other issues that arise when applying such a regime.

Working hours include the following elements:

- duration of the working week (five days with two days off, six days with one day off, working week with the provision of days off on a sliding schedule, part-time working week);

- work with irregular working hours for certain categories of workers;

- the duration of daily work (shift), including part-time work (shift);

- start and end time of work;

- time of breaks in work;

- alternation of working and non-working days;

- the number of shifts per day.

In this case, the working hours are established by the internal labor regulations. For employees with individual working hours, such conditions are included in the employment contract.

It should be noted that the labor legislation does not single out strictly established professions, positions for which flexible working hours can or should be established. At the same time, some regulations adopted to regulate certain areas, provide for the possibility of establishing such a regime.

The need to introduce a flexible working time regime may be caused by the peculiarities of the work function performed or subjective circumstances in the life of the employee.

It should be borne in mind that the transition to flexible working hours must be preceded by careful preparatory work to substantiate the possibility and feasibility of its application in a particular unit or at the workplace, organizing the recording of working hours, making 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 organization of working time, in which for individual employees or collectives of enterprise units it is allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day. In this case, full working off of the statutory total number of working hours during the accepted accounting period (working day, week, month, etc.) is required.

In other words, the flexible working time regime is that the employee, in agreement with the employer, determines the working time, while it can be distributed unevenly in the calendar period (week, month, quarter).

Flexible working hours are regulated by Art. 102 of the Labor Code of the Russian Federation. At the same time, practical issues are regulated, in particular:

- collective agreement;

— local acts(orders, instructions, rules, procedures, etc.);

- an employment contract.

Note that the condition on flexible work hours after it is included in the employment contract becomes essential. part of, the change of which is possible only by agreement of the parties to the contract or in the manner provided for in Art. 73 of the Labor Code of the Russian Federation for changing the essential conditions of the employment contract. In addition, the regulation of flexible work in the above documents should not contradict the provisions of the Labor Code of the Russian Federation (on the maximum working hours, on overtime, etc.).

We also remind you that flexible working hours can be set:

- both at the conclusion of an employment contract and later;

- both for a certain period and indefinitely, - since the legislation does not provide for restrictions on the establishment of such a regime. However, when working in a shift mode, we still do not recommend introducing a flexible schedule: this can disrupt the workflow.

Two questions arise: will the working hours change with the establishment of flexible working hours, 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 different options work in a flexible schedule. The duration of the working time in this case may remain the same, only the start and end times of the working day will change, and specific hours can be determined when the employee must be present at the workplace. We repeat that the employee is obliged to work out the established norm of working time. Other working hours may also be established by agreement of the parties. If at the same time a defect occurs on some days, then it is compensated by longer work on other days.

With regard to wages, it remains unchanged. Also, the establishment of a flexible schedule does not affect the provision of social benefits and guarantees to the employee.

Flexible hours for women with children

This category of employees should be highlighted, since when regulating labor relations they should be guided by the Decree of the USSR State Committee of Labor and the All-Union Central Council of Trade Unions Secretariat dated 06.06.1984 N 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" (hereinafter referred to as the Decree).

The use of flexible (flexible) working hours for female workers should ensure the best combination of economic, social and personal aspects for them. In particular, such a schedule is introduced if, due to the need for childcare, it is not possible to work according to the usual schedule established in the institution.

However, please note that in accordance with clause 2.2 of the Resolution, a rolling (flexible) work schedule can be established both without a time limit, and for any period convenient for the employee (until the child reaches a certain age, for the period of the school year, etc.).

Note! Women who enjoy the right to a sliding (flexible) work schedule can also work according to the generally established schedule (paragraphs 3.4, 5.1, 5.3 and 5.4 of the Resolution).

In addition, remember the maximum total working time per day (no more than 10 hours) and the time spent in the institution from the beginning to the end of work (shift), including unpaid breaks in it (no more than 12 hours) (clause 3.1 of the Resolution ).

We also recall that according to Art. 264 of the Labor Code of the Russian Federation, guarantees and benefits provided to women in connection with motherhood apply to fathers raising children without a mother, as well as to guardians (trustees) of minors.

How to keep track of working hours?

As a rule, working hours are kept by the heads of departments and (or) personnel service institutions. In this case, the most different methods and means of its accounting. Someone makes entries in special cards or journals, and someone uses individual time counters or stram-clocks.

By general rule when establishing a flexible schedule, the accounting of working hours is kept in the timesheet according to unified form T-13, which is filled in according to the following rules: in the upper lines of column 4, an alphabetic ("I") or numeric ("01") code is put in front of the employee's surname, and the lower lines indicate the duration of work in this mode.

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 corresponding accounting periods (working day, week, month, etc. - part 2 of article 102 of the Labor Code of the Russian Federation). Working hours are recorded according to the rules of Art. 104 of the Labor Code of the Russian Federation as a summarized accounting.

One of the significant circumstances characterizing the flexible working time regime is the type of its accounting. Determination of the accounting period is necessary to ensure that the employee fulfills the norm of working hours. Once again, we draw your attention to the fact that the procedure for recording the working time of the person performing labor duties in a flexible work schedule, is established by agreement of the parties to the employment contract.

There are several types of accounting of working time, thanks to which the total working out is ensured:

- day laborer (the employee must work the norm of hours during calendar day);

- weekly (introduced if it is impossible to ensure the working out of the norm of working hours by an employee during a calendar day);

- monthly (introduced if it is impossible to ensure the total working hours of the employee during the calendar week).

And an accounting period lasting more than one month is introduced if it is impossible to ensure the total working hours during a calendar month.

For your information. The use of a weekly or monthly accounting period in a flexible schedule implies working out the norm of working hours, respectively, within a week or a calendar month.

Here we will also clarify the elements of flexible working hours. These include, in particular:

- fixed time - when the employee must be at the workplace;

- variable (flexible, sliding) - this is the start and end of the working day (shift), within which the employee has the right to start and end work at his own discretion;

- break for meals and rest (its duration is not included in working hours).

However, it should be remembered that when performing work outside the institution ( business trip, attendance at meetings, etc.) does not apply flexible working hours. In this case, the accounting of working hours is carried out as in the normal operating mode (clause 5.4 of the Recommendations). For example, an employee on a business trip must work according to the schedule of the enterprise to which he is seconded.

How do I pay for overtime and weekend work?

Engaging in overtime work at the initiative of the employer is regulated by Art. 99 of the Labor Code of the Russian Federation. At the same time, according to the general rule, overtime payment is made at the end of the accounting period after counting hours of overtime in an increased amount: for the first two hours - not less than one and a half amount, for the next hours - not less than double the amount (Article 152 of the Labor Code of the Russian Federation, p. 5.5 Recommendations). In the same time overtime work at the request of the employee can be replaced by additional time rest, but not less than the time worked overtime.

Weekends and holidays with a flexible work schedule, they are paid according to the norm of Art. 153 of the Labor Code of the Russian Federation, that is:

- employees whose work is paid at daily and hourly wage rates - in the amount of at least double the daily or hourly wage rate;

- to employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out on within the monthly norm of working time, and in the amount of at least double the rate (part of the salary) in excess of the salary, if the work was performed in excess of the monthly norm.

If an employee expresses a desire to take a day of rest instead of an increased payment, then for a worked day off or a non-working holiday, payment will be made in a single amount, and the day of rest is not subject to payment (part 3 of article 153 of the Labor Code of the Russian Federation).

For your information. Labor legislation the period during which the employer is obliged to provide the employee with a day of rest has not been established; accordingly, it should be determined by agreement of the parties.

Note that when calculating overtime hours work on holidays, performed in excess of the working time norm, is not taken into account, since it has already been paid in double amount (clause 4 of the Clarification of 08.08.1966 N 13 / P-21 "On compensation for work on holidays", approved by the Resolution of the State Labor Committee USSR and the Presidium of the All-Union Central Council of Trade Unions N 465 / P-21).

Rules for the design of flexible working hours

At the very beginning, we already mentioned the documents that govern the application of flexible working hours. At the same time, employees must be aware of the possibility of using such a schedule without fail.

If, when applying for a job, the working hours of the applicant differs from the general rules in force for 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 provide a sample of how to fill out an additional agreement to an employment contract.

Supplementary Agreement No. 1
to the employment contract dated 01.10.2012 N 105

FSI "Vympel", hereinafter referred to as "Employer", represented by director Oleg Nikolaevich Kochnev, on the one hand, and laboratory assistant Anna Arkadyevna Lyutina, hereinafter referred to as "Worker", on the other hand, have entered into this agreement as follows:

- Make the following changes to the employment contract dated 01.10.2012 N 105:

- Section N 3 " Work time and rest time "shall be supplemented with clause 3.4 as follows:

"3.4. For the period from 01.04.2013 to 30.09.2013, the employee is set to a flexible working time regime with a part-time working week of 24 hours.

3.4.1. Working days - Monday, Tuesday, Wednesday, Thursday. Days off - Friday, Saturday, Sunday.

3.4.2. From 10.30 to 12.00 and from 14.00 to 15.30 a fixed time is set for the employee (mandatory presence at the workplace).

3.4.3. Break for rest and meals - from 13.00 to 14.00.

3.4.4. The variable start time is set from 8.00 to 10.30.

3.4.5. The variable end time of work is set from 15.30 to 18.00 ".

- Supplement section No. 3 "Working hours and rest hours" with clause 3.5 as follows:

"3.5. Introduce the summarized accounting of working hours in the period from 01.04.2013 to 30.09.2013.

3.5.1. Set the accounting period - one month. "

- Amendments to the employment contract defined by this agreement come into force on 01.04.2013.

- This supplementary agreement is an integral part of the employment contract, drawn up in two copies with equal legal force. One copy is kept by the Employer, the second - by the Employee.

Received a copy of the supplementary agreement

______________________________ "__" ___________ 2013

(employee signature (legible) (date of receipt)

On the basis of the signed supplementary agreement to the employment contract, an individual employee's work schedule is drawn up. Let us clarify that its compilation is optional. Then an order is issued on the introduction of a working time regime for a specific employee or for an entire unit.

A sample of filling out the work schedule for working week see page 43.

Day of week	Start time	End time of work	Mandatory attendance time	Lunch break time
Monday

The employer has the right to develop the form of the order on the introduction of the working time regime for a specific employee or for an entire unit independently.

On page 43, we provide a sample of how to fill out an order establishing a flexible working time regime.

Federal state unitary enterprise"Pennant"

Order

About establishing

working hours

I order:

1. Install from 04/01/2013 to 09/30/2013 laboratory assistant Lyutina A.A .:

1.1. Flexible working hours with part-time working week, duration 24 hours.

1.2. Four-day work week - Monday, Tuesday, Wednesday, Thursday; days off - Friday, Saturday, Sunday.

1.3. Fixed time (mandatory 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 A.A. Lyutina. the labor function cannot be observed the established daily and weekly working hours, enter in accordance with Art. 104 of the Labor Code of the Russian Federation, summarized accounting of working hours, starting from 01.04.2013.

2.1. Set the accounting period - one month.

The company has the right, at the request or with the consent of the employee, to establish a flexible working time regime for him (Article 102 of the Civil Code of the Russian Federation). This means that the employee's working day will be divided into parts:

The fixed part, when the employee is required to be at the workplace;

Rest time (lunch), which divides the fixed time into two, preferably equal parts;

Variable (flexible) time - periods at the beginning and at the end of the working day, which the employee can use at his own discretion, subject to working hours a certain amount working hours.

Such clarifications are given in the decree of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 05/30/85 No. 162 / 12-55 (this document was adopted during the old Labor Code, therefore it is applied in the part that does not contradict the Labor Code of the Russian Federation).

As for the procedure for introducing a flexible schedule, the initiative can come from both the employee and the employer. The company can introduce such a regime with technological and organizational changes working conditions (article 74 of the Labor Code of the Russian Federation). In this case, it will be necessary to notify employees of the upcoming changes two months in advance, in addition, it is necessary to have evidence of such changes in working conditions.

If the employee himself needs a flexible schedule, he submits an application with justification of the reasons why he wants to work in the new mode. If the company does not object to such a change, it will be necessary to conclude an additional agreement with the employee to the employment contract (see the sample on page 189), and then issue an order on the establishment of a flexible working time regime on its basis (see the sample on page 191) ... However, the company has the right to refuse to establish an individual work schedule.

By the way, if flex was set to certain time, then with the expiration of the term, the employee automatically (without additional orders) switches to normal work. If the flexible schedule is introduced without specifying the validity period, or it was necessary to transfer the employee to the regular mode ahead of schedule, then you need to draw up a "canceling" additional agreement to the employment contract and issue an order.

In what form is

There is no unified form for the application, so it can be drawn up in any form.

What must be in the document

The application must state for what period the employee wants to work in flexible working hours, as well as the desired work schedule, or at least its individual periods (fixed or flexible hours). If desired, the employee can attach to the application a copy of the document confirming the need for flexible working hours.

Statement

In connection with my admission to courses accounting at the Russian Academy of Economics. G.V. Plekhanov and with the need to combine work with training, without missing training sessions, I ask you to establish a flexible working time for me for the period from September 1 to December 25, 2012.

I ask you to set a variable (flexible) time for the periods from 8.00 to 11.00 and from 17.00 to 20.00.