How to prescribe flexible working hours in the contract. How is flexible working time formalized? General procedure for establishing

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 duration 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 an employee has approached you, as the head of an organization, 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, establish a flexible work time, nothing can be done, you need to go towards 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 amendment 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 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 a 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 for a weekly period it fulfills the established rate, 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 to cancel the terms of the agreement on flexible mode working hours until the end of the agreement is your right, not an obligation. 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 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 sectors of the national economy" ... Published on page 106.
**** -The number of hours that an employee needs to work for the accounting period is determined on the basis 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 of: 13.02.2012
Magazine: Everything for HR
Year: 2012
Author: Minibaev Ural Fagimovich
Topic: Documents personnel service, Other working hours
Rubric: Have a problem? Here is the solution

Document templates
An employment contract with the establishment of a flexible working time regime Employee's application for the establishment of a flexible working time regime Supplementary agreement for the establishment of a flexible working time regime Order for the establishment of a flexible working time regime for the employee

Regulations

1. Labor Code Russian Federation(extract) 2. Recommendations for the application of flexible working time regimes at enterprises, institutions and organizations of sectors of the national economy, approved. Resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 05/30/1985 No. 162 / 12-55 Labor contract with the establishment of a flexible working time regime

We were looking for an employee for a responsible position for a long time. Finally found! He is a specialist. We just do not have enough of them: both experience and knowledge from him. We are afraid to miss, we are ready to agree to any of his conditions ... but with one thing we doubt. He asks to establish flexible working hours for him. Nobody works with us on a flexible schedule, and frankly speaking, we have no idea what it is. From what is written in the Labor Code of the Russian Federation, very little is clear at all. So we hesitate. Please tell us more about the flexible working hours. And if there is nothing “scary” in it for the employer, then how to correctly establish such a regime for the employee?

Your worker, of course, is a sly one! Few people dare to dictate their conditions from the doorway ... But since he is a really highly qualified specialist and you badly need him, and his persistence does not bother you, we will try to resolve the situation. So, let's begin.

Flexible working hours (hereinafter - GDV) is a mode of operation in which the beginning, end or total duration of the working day (shift) is determined by agreement of the parties (part 1 of article 102 of the Labor Code of the Russian Federation; hereinafter - the Labor Code of the Russian Federation). Agree, "not a lot" ...

To understand the features of the GDV regime, let us turn to the Recommendations on the application of flexible working time regimes at enterprises, institutions and organizations of the branches of the national economy, approved. Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 05/30/1985 No. 162 / 12-55 (hereinafter referred to as Recommendations).

According to the Recommendations, the GDV regime is a form of organization of working time, in which it is allowed for individual employees or collectives of enterprise divisions (within certain limits) to self-regulate the beginning, end and total duration of the working day.

Simply put, work in the GDV mode allows the employee to determine the time of arrival and departure from work on his own, provided that he must be present at work at a certain fixed time during the working day and at the same time fully work out the standard of workers established for him hours for the accounting period (week, month, etc.). At the same time, remember that it is the employer's responsibility to ensure that the employee works out the total number of working hours during the relevant accounting period (part 2 of article 102 of the Labor Code of the Russian Federation).

The options for constructing flexible working time schedules may differ depending on the accepted accounting period, the time characteristics of each of the constituent elements of the regime, as well as on the conditions of their application in various structural units(in specific positions).

What about constituent elements of the GDV regime, should you consistently agree with the employee?

Step 1 Determine the length of the reference period.

Depending on the length of the accounting period, the following main options for flexible working hours are possible:

1. An accounting period equal to a working day, when its duration is fully worked out on the same day.

2. An accounting period equal to the working week, when its duration, established in working hours, is fully worked out during the week.

3. An accounting period equal to the working month, when the monthly norm of working hours is fully worked out in a month.

KEEP IN MIND

Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 05/30/1985 No. 162 / 12-55 has not been canceled to date. However, it should be remembered that in accordance with Art. 423 of the Labor Code of the Russian Federation, legislative and other regulatory legal acts of the former USSR in force on the territory of the Russian Federation are applied insofar as they do not contradict the Labor Code of the Russian Federation

Step 2 Determine the start and end time of the working day (shift).

Part 1 of Art. 102 of the Labor Code of the Russian Federation proposes by agreement of the parties to determine the start time and end time of the working day (shift).

In this case, it is supposed to determine the time of obligatory presence and variable (flexible) time, since along with a fixed time, the presence of two intervals of variable time allows you to work out the necessary total amount working hours in the accepted accounting period.

With a weekly accounting period, the length of the working day (shift) during the week may vary at the discretion of the employee, however, the working week must be fully worked out.

For a longer accounting period (month, quarter and other periods), the employee is obliged to work the total number of working hours during the corresponding period. It should be remembered that the accounting period cannot exceed one year.

YOU MUST KNOW IT

Accounting period - a period of time (month, week, etc.) during which the employee must work the established norm of working hours. The accounting period cannot exceed one year

Step 3 Determine the total length of the working day (shift). IMPORTANT!

Establishing the GDV mode for the employee does not reduce the value of his wages(provided that he fully fulfills the time limit), and also does not affect the provision of social and labor benefits and guarantees to him. Flexible working hours may be involved in overtime work in the same manner and on the same conditions as other employees (Article 99 of the Labor Code of the Russian Federation)

In this case, the parties agree on the time of mandatory attendance at the workplace and the total duration of the working day (shift). Thus, the length of the working day may be different, but agreed in advance by the parties.

This version of the GDV regime, in comparison with the first (when the accounting period is more than one working day), provides the employee with less freedom to choose the independent regulation of his working time. In this case, flexibility for the employee will be manifested only in different start and end times of the working day (shift), which the employee has the right to choose at his own discretion. The GDV mode as a way of organizing working time is advisable in those jobs where it is necessary due to the special nature of labor, in which the intensity of labor is not the same. At the same time, as a basis for applying the GWR regime, it is not prohibited to take into account the personal interests of the employee himself (household, social, family, etc.). Currently, the GDV regime is also used as a way to retain valuable workers.

EXAMPLE

Accounting period - working day

In this case, the employee, at his discretion, can start working in the interval from 8:00 to 11:00 and end the working day, respectively, in the time interval from 17:00 to 20:00, subject to the obligatory work of 8 hours during the working day.

The possibility of using the GDV regime can be provided for in the Internal Labor Regulations, with which employees must be familiarized by the employer against signature (Article 100 of the Labor Code of the Russian Federation).

In the event that such a regime is established for the employee individually, that is, it differs from general rules valid for the employer, this condition is enshrined in his employment contract(Articles 57, 102 of the Labor Code of the Russian Federation).

Please note: the GDV regime can be established by agreement between the employer and the employee both when hiring (example 1) and in the process of labor relations.

IMPORTANT!

The flexible working time clause included in the Employment Contract upon its conclusion may subsequently be changed only by agreement of the parties.

If an employee is interested in establishing flexible working hours for him, he has the right to apply with a corresponding written request for this (example 2).

If the work schedule changes after the conclusion of the employment contract, then this change is recorded in the supplementary agreement to the employment contract (example 3), which enters into force from the moment determined by the parties in the agreement. In full accordance with the concluded agreement, an order is issued to establish the GDV regime for the employee (example 4).

THIS IS USEFUL TO KNOW

Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Secretariat dated 06.06.1984 No. 170 / 10-101 approved the Regulation on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children

Summary

The GDV regime gives the employee the right to independently determine the start, end time or the total duration of the working day (shift), provided that the established norm of working hours for a certain accounting period has been fully worked out. The flexible working time clause must be properly formalized. If there is an appropriate agreement between the parties, this can be done both when concluding an employment contract and in the process of labor relations.

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

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

At present, the Labor Code of the Russian Federation practically does not say anything about the flexible working time regime, it is only allowed to establish it by agreement of the parties.

In addition, the employer is obliged to ensure that the employee has worked out the required rate of hours.

For a more detailed consideration of the issue, you can refer to the Decree of the State Committee for Labor of the USSR No. 162, the All-Union Central Council of Trade Unions No. 12-55 dated 05/30/1984, which, although no longer valid, contains detailed instructions on the introduction and organization of a flexible time regime.

Key features of flexible working hours:

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

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

All changes take place in a general manner, that is, with a warning at a specified time.

Sample application for flexible working hours

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

You can download the Sample Application for Flexible Working Hours.

Sample order for flexible working hours

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

1. The period of transition to flexible working hours, the start date and the end date, if known.
2. The list of positions (full name) of employees for whom a flexible time regime will be established.
3. Full description of the set mode (s) of flexible working hours.

When is the contract concluded

Working hours can be set immediately upon admission of a person, in this case it is entered into the text of the contract. If an employee switches to a flexible regime later, then an appropriate one is drawn up.

The procedure for drawing up an employment contract

The employment contract of an employee with a flexible time regime does not differ from that which is drawn up for other employees. In the column, which provides for the setting of information on the working hours, an entry is made on flexible working hours and its detailed description.

Establishing a flexible working time schedule, it is necessary to correctly draw up personnel documents. What kind of documents should be drawn up depends on whether the employee is initially hired on a flexible schedule or is being introduced for an “old” employee.

A flexible working time schedule (hereinafter referred to as GDV) is a form of organization of working time in which it is allowed for individual employees or collectives of enterprise divisions (within certain limits) to self-regulate the beginning, end and total duration of the working day. At the same time, full working off of the statutory total number of working hours during the accepted accounting period (working day, week, month, etc.) is required (clause 1.3 of the Recommendations, approved by the post. 1985).

GDV is established in the event that, according to the production conditions, it is impossible and inexpedient to establish a normal working day. The use of GDV is aimed at taking into account the interests of the employee and the employer and creating such conditions for both subjects. labor law at which the desired efficiency and labor productivity are achieved.

It should be noted that the legislation does not contain a general list of professions (positions), industries for which GDV should be established. Only a few regulations provide for flexible scheduling.

For example, a flexible schedule can be established for employees performing work to eliminate accidents and damage to communications equipment, employees of radio stations, television centers, relay television stations, etc. (Order of the Ministry of Communications of Russia dated 09/08/2003 No. 112).

Working in a flexible schedule cannot worsen the employee's position in comparison with the current labor legislation. He must receive all guarantees and compensation in full.

Working hours of an employee working on GDV

The company ensures that the employee works out the total number of working hours during the relevant accounting periods (day, week, month, etc.) (Article 102 of the Labor Code of the Russian Federation). Accounting for hours worked is performed as a summarized accounting for working hours (Article 104 of the Labor Code of the Russian Federation).

Each employer, depending on the GDV used by him, establishes the most optimal period for accounting: a month, a quarter or a year. Please note that the accounting period cannot exceed one year.

The number of hours worked is calculated on the basis of the time sheet data (form T-12, T-13) (approved by the post of the State Statistics Committee of Russia dated 05.01.2004 No. 1). For example, in the T-13 form in the upper lines of column 4, the letter code "I" or the numeric code 01 is put in front of the employee's surname, and the duration of work in this mode is indicated in the lower lines.

Determination of the size of the salary for GDV

When determining the salary for a flexible employee, it is necessary to assume that the salary is calculated from the hourly rate or from the monthly salary.

When calculating on the basis of the wage rate, the employer should take the hours worked and multiply them by the wage rate.

When the monthly official salary is used for the calculation and the established rate is fully worked out, the salary will be equal to the monthly salary. If the employee has not worked the established monthly quota, the monthly salary is divided by the number of working hours in a month and multiplied by the hours actually worked.

Please note that when establishing a flexible work schedule, the summarized accounting of working hours is applied (Article 102 of the Labor Code of the Russian Federation).

We draw up the documents correctly

It is important for an employer to correctly draw up personnel documentation. Otherwise, during the inspection Labour Inspectorate can bring the company to administrative responsibility for violation of labor laws by imposing a fine from 30,000 to 50,000 rubles, or suspend activities for up to ninety days (Article 5.27 of the Administrative Code of the Russian Federation).

What kind of documents should be drawn up for GDV depends on whether a flexible schedule is established for the candidate when hiring or for an employee who already works in the company.

In the first case, the GDV clause must be included in the text of the employment contract. Moreover, it details the work schedule. In the order for employment, which is issued by unified form T-1 (approved by the post. Goskomstat dated 05.01.2004 No. 1), in the column "conditions of employment, nature of work" indicate that the employee is hired in flexible working hours with an accounting period, for example, one month.

In the second case, we would recommend taking a statement (see sample on the right) from the employee with a request to establish a desired work schedule for him. Then an additional agreement to the employment contract should be signed, in which the condition on GDV should be indicated, and also the work schedule should be specified. Based on this supplementary agreement the employer issues an order in free form, in which it indicates the date (period) of the establishment of the GDV for the employee, the permitted work schedule, as well as the person who ensures the weekly recording of the employee's working time.

Please note that at the end of the period for which the GDV was established, the employee automatically switches to the general mode of work without drawing up any additional documents.

If the GDV was introduced without specifying the validity period, or it became necessary to transfer the employee to the general mode ahead of schedule, then you need to act in the manner specified in the second case.

Translation according to the rules

In the process of organizing production, for objective reasons, it may be necessary to transfer an employee to GDV.

For example, in connection with a change in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons) (clause 21 of the Plenum The Supreme Court RF dated March 17, 2004 No. 2). In these cases, the terms of the employment contract agreed by the parties may be changed at the initiative of the employer, with the exception of changes labor function(Article 74 of the Labor Code of the Russian Federation).

In this case, you should have documentary evidence of changes in the organizational or technological working conditions (ruling of the Moscow City Court dated November 16, 2010 No. 4g / 5-9742 / 10).

Note that the company must comply with the following conditions when changing organizational or technological working conditions, namely:

Prevent changes in the employee's labor function (part 1 of article 74 of the Labor Code of the Russian Federation);

Observe the minimum two-month period for notifying the employee about the upcoming changes and the reasons that caused them (part 2 of article 74 of the Labor Code of the Russian Federation);

If the employee does not agree to work in the new conditions, offer him writing other available work that he can perform, taking into account the state of his health (part 3 of article 74 of the Labor Code of the Russian Federation);

Prevent deterioration of the employee's position when the terms of the employment contract change in comparison with the established collective agreement, agreement (part 8 of article 74 of the Labor Code of the Russian Federation).

If in the situation under consideration there are actually no organizational or technological changes working conditions, it will be possible to change the working hours only by agreement of the parties to the employment contract.

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Not all enterprises, in view of the peculiarities of production or for other reasons, can work in the regime of a clear schedule.

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

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That is why, at the legislative level, with the aim of the rational use of labor resources, a norm is provided in the order of which it is possible to establish a flexible working hours regime.

Concept and signs

Typically, many companies and institutions work on a well-defined schedule. It provides for 8-hour employment for 5 or six working days in accordance with Article 100 of the Labor Code of the Russian Federation.

In this case, days off, as well as the duration and time of providing lunch breaks, are set at local acts enterprises taking into account the norms of Article 108-111 of the Labor Code of the Russian Federation. That is, the company works according to a schedule with a clear delineation and indication of hours of work and legal rest.

If the enterprise, by virtue of its specifics, has a round-the-clock work schedule and shift schedules, the working hours still alternate with floating days off. On the basis of article 104 of the Labor Code of the Russian Federation, the company is carried out in order to comply with the norms of hours worked in the manner of execution of article 91 of the Labor Code of the Russian Federation. But lunch breaks are not provided with such a schedule. But on the basis of Article 108 of the Labor Code of the Russian Federation, the management is obliged to provide an opportunity for rest and eating during a work shift without prejudice to the production process.

However, in some cases, even with a clearly established schedule, the enterprise may experience temporary downtime, say, for an hour or two during a shift due to the increasing and decreasing activity of certain variables. At the same time, employees will still be at their workplaces, and the agreed time will have to be paid even in the absence of a really completed amount of work.

It is in such cases that it is recommended to introduce flexible working hours. It is based on the alternation of hours of work and rest of a greater length than established in Labor Code RF under the standard mode of employment, but with the condition of observing the norm of working hours in the manner of Article 91 of the Labor Code of the RF.

That is, workers can work with several long breaks during the day and even not a full week, but at the same time they must fulfill the 40-hour quota.

Normative base

The procedure for the transfer of the entire staff of the company or one employee to flexible working hours is regulated by the norms of Article 102 of the Labor Code of the Russian Federation. It states that, due to the specifics of a particular company or position, the beginning of the working day, as well as the length of working hours, the availability of hours of rest and the end of the shift can be established by agreement between the management of the company and employees.

That is, with the aim rational use and working time, and resources in possession, as well as depending on the characteristics of the industry, you can establish the so-called free work schedule, but with the condition of working out 40 hours per week or the total rate of hours for a quarter or half a year.

Compound

Calling a flexible working regime a free visiting schedule can be very conditional. Even with such a daily routine, the schedule has a clearly established composition of time intended for performing immediate duties and legal rest.

Specifically, a flexible regime consists of:

• Variable time, which is working time. But the length of this period, the employee has the right to regulate himself, depending on the specifics of the imputed duties.
• Fixed time. I.e set hours during which all employees are required to be present at the workplace.
• Rest time, which mainly occurs during breaks between variable working hours.

At the same time, the composition of the working time must still be distributed in such a way as to fulfill the established labor standard. Its accounting on the basis of local acts can be kept in total for a month or quarter.

Advantages and disadvantages

Any work schedule has its own advantages and disadvantages. Therefore, when choosing a particular schedule of employment, both the management of the company and the employees themselves are guided by the ratio of the benefits received.

For an employee

Positive aspects	Negative points
The ability to combine work activity with other types of employment	Difficulty completing daily tasks when it is necessary to interact with other professionals involved in the same schedule
The ability to personally adjust the volume of work performed, which will eliminate excessive loads or fatigue	In the absence of constant monitoring, the tendency to postpone important assignments for later
The ability to combine a busy but free schedule with family responsibilities, for example, caring for a small child	Possible lack of career development

That is, if an employee is organized, loves to work and is result-oriented, a flexible work schedule will be more preferable for him. By virtue of his organization, he will be able to correctly distribute the time of work and rest. If the employee is prone to laziness or little initiative, a rolling schedule due to lack of control will not work for him.

For the employer

Positive aspects	Negative points
Increasing the level of responsibility among employees due to the lack of constant control and increasing efficiency and trust in management	Not suitable for the management team due to the need for a constant presence at the workplace to resolve production issues and monitoring
No problems with labor discipline due to blurring of the boundaries of the beginning and end of the working day	Difficulties are possible in monitoring the time worked and the volume of labor performed or the quality of execution of assigned tasks
Attracting qualified specialists who are interested in such a work schedule due to its convenience	Increased costs to provide employees with communication and tracking of hours worked

That is, the management of the company can benefit from the establishment of a free schedule. After all, employees will stop thinking about being late, getting up in the morning, aiming at the result in a convenient work schedule. At the same time, the lack of control, on the contrary, can negatively affect labor productivity and quality.

Mode options

At the heart of a flexible schedule is not just a free visit method, but a clear system of work regimes, subdivided into the following types:

• Sliding, which has a clear distinction between work and rest time, but differs from the standard work week. At the same time, the schedule is approved by the norms of local acts and can have the following sequence: 2 working days with 8 hour shifts, two days off, 3 working days, three days off, etc.
• Free, based on the absence of a clear time frame for visiting the workplace. But with the obligatory condition of working out a standard norm of working hours.

Who is installed?

Any of the parties can initiate a flexible schedule due to certain circumstances.

For example, an employee may be interested in such a schedule if you have a small child or study at a university. And the employer - for the purpose of rational distribution of working time, if the activity labor activity depends on external factors.

In what documents is it fixed?

As a rule, the labor regime at the enterprise is fixed in the following local acts:

• in the Rules governing the internal order, including the regime;
• in a collective agreement;
• in an agreement on mutual cooperation between the parties.

However, if the working regime is subject to changes after the employee is hired or is introduced individually, this issue will be reflected only in and in, which the changes will be approved.

In the Internal Labor Regulations

The rules are the main document governing the activities of the company:

• the procedure for employment, application and grounds for termination of legal relations;
• conditions for fulfilling the imputed duties, namely, increasing production, replacing absent employees or working in excess of the norm;
• work schedule, as well as rest in accordance with the norms of Article 108 of the Labor Code of the Russian Federation;
• the procedure for granting and the amount of benefits or compensations.

In the Collective Agreement

Federal legislation stipulates not only basic rights and establishes a list of mandatory guarantees for workers, but also gives the employer the right to establish additional benefits for employees, based on the capabilities of the enterprise, on the condition that the adopted norms will not worsen the employee's position in comparison with the current legislation.

And it is intended to establish such conditions. It plays the role of an additional local act with a list of benefits or conditions for cooperation between the parties. In particular, it is in the agreed document that a condition on the procedure for introducing a flexible work regime can be stipulated.

In the employment contract

In each cooperation agreement, the labor regime is initially stipulated, regardless of how it was prescribed in the previous employment regime, changes will have to be made.

How is flexible working time formalized?

As a rule, the initiator of the establishment of a flexible work schedule is an employee who, due to some external circumstances, needs free time, and not within a strictly established framework. For example, a woman who leaves early may need breaks to feed her baby. And in accordance with Article 258 of the Labor Code of the Russian Federation, such periods of time can be taken only every three hours, up to half an hour, which is not always convenient.

Or the employer may be faced with the problem of the appearance of the volume of labor at different times of the day, which is important for musicians, liquidators of consequences or private detectives. Therefore, for an even distribution of working time, depending on the specifics of labor, the company will be transferred to a new schedule in accordance with the procedure established by law.

Restrictions

Of course, having a free work schedule is the dream of many employees, however, in some situations, personal presence at the workplace is simply necessary.

For example, to attend meetings, meet with clients, or develop and approve new program... That is why, with a flexible schedule, it is always provided certain period the time during which the employee is required to be present at the company. This is precisely the limitation of this type of work schedule.

How is it installed? Stages

Considering that the introduction of flexible working hours provides not only the establishment of new hours of work, but also the writing. Taking into account the norms of the law, this procedure is carried out in several stages.

Documentary support

If an employee is the initiator, then an application is submitted with a proposal to amend the working hours, on the basis of which an order is formed. After signing it, an additional agreement is drawn up indicating the date of entry into force of the new work schedule.

Example of a statement:

If the initiator is the leadership, amendments are made in accordance with Article 74 of the Labor Code of the Russian Federation and in several stages.

To begin with, a report or a memo from the head of the department or manager with an analysis of any problem is submitted to the management for consideration, as a result of which the enterprise incurs losses.

Let's say that losses can be caused by the fact that orders for attracting employees are received at different times, which is important for musicians. Accordingly, for the rational use of employees' labor and in order to avoid being paid in excess of regular hours, it makes sense to establish a flexible working schedule for them, thus reducing the costs of the payroll fund.

On the basis of the submitted report, an order is already being issued. It states that in two months a different working regime will be introduced for a certain circle of employees and they must be notified of this.

Notice (sample):

Introduction order (sample):

At the end of the two-month period, another order is issued. It approves the list of employees, the new working regime, as well as the date of entry into force of this document.

And already on the basis of the issued administrative document, an additional agreement is drawn up. But this is done only if the changes in the regime will be permanent or act in relation to a specific employee.

An example of an additional agreement:

If a rolling schedule is provided as a temporary measure, for example, for several months, no additional agreement is concluded. The parties interact on the terms prescribed in the order.

On the basis of Article 91 of the Labor Code of the Russian Federation, each enterprise is obliged to keep a time sheet of hours worked, regardless of the working regime.

Accordingly, in the flexible mode, the timesheet is also maintained, but it is more difficult to fill it out. You have to rely on the sincerity of the employee, who himself will indicate the hours worked or the marks of the visit log, in which the arrival and departure of employees is recorded.

And, nevertheless, even with the daily filling of this document, the rationer needs to remember that the employee is obliged to work out the established norm.

Consequently, the mode of work and rest will need to be adjusted already in the process of work in order to avoid overpayments and violations of the law.

Financial issues and payment

Even with a flexible schedule, the employee is guaranteed payment of wages in the amount specified in local acts, but only subject to the fulfillment of the hours established by law.

Also, in accordance with the Labor Code of the Russian Federation, employees are entitled to all the benefits and guarantees established by this act. That is, when the standard is developed, the worker is obliged to pay the full amount.

In the event that an employee is hired outside the established schedule, he is also guaranteed:

• overtime pay;
• double compensation for weekend work;
• when abbreviated - the transfer of benefits.

Application for pregnant women and women with children

Exist normative act and for women who are in a position or have small children.

The Decree of the State Statistics Committee of the USSR No. 170 / 10-101 approved the procedure and terms for the introduction of a flexible time regime for a specified category.

This act has not been canceled and is still in effect, and accordingly it can be guided by the establishment of a special work regime for women who so need a balance between working time and family obligations.

Accounting

Not every enterprise has a turnstile or a checkpoint; in small establishments, the presence of workers at the beginning of the working day is generally taken for granted.

Therefore, when introducing flexible working hours, many managers do not know how to set real working hours.

To solve this problem, it is more expedient to introduce a working hours log with the obligation to enter data on the hours worked at least weekly for the subsequent compilation of the timesheet and adjusting the hours worked in accordance with the norm.

Establishment for a part-time job

According to Article 284 of the Labor Code of the Russian Federation, the length of a part-time shift should not exceed 4 hours. But on legal days off at the main place of employment, this category of workers can work a full shift.

Also in the stipulated article it is said that the production rate for part-time workers should be only half of the monthly rate. Accordingly, it is quite possible to distribute these hours in a flexible schedule so as not to violate the law.

How are holidays paid?

In accordance with the norms of the law, the norms of the Labor Code of the Russian Federation apply to the worker with any schedule of employment in full.

Accordingly, if an employee performs his duties on a holiday, he must be compensated for his labor in double the amount in accordance with Article 153 of the Labor Code of the Russian Federation.

Examples of

For example, the staff ensemble of musicians of the House of Culture can perform both in the evening and in holidays, but you can't set a schedule of performances for a year, since the team will work by invitation in other concert halls. At the same time, the musicians will need to allocate time for rehearsals, which can also take different times depending on the complexity of the work being studied.