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

Time to work

In any organization, from a small company to a giant holding company, the work of personnel is organized in accordance with a certain regime, which must be reflected in the internal labor regulations (Article 189 of the Labor Code of the Russian Federation). The regime determines the length of the working week (five-day or six-day), the exact start and end time of the working day, its total duration, the number of breaks for meals and rest. All employees are required to obey the established rules, otherwise the violator faces disciplinary action.

Working in a flexible schedule does not affect the employee’s remuneration, does not affect the provision of benefits and the calculation of length of service

I want to have a rotating schedule

Imagine that an employee, as the head of an organization, has approached you with a request to establish a flexible work schedule for her. She explained her request, for example, by the need for periodic visits to the diagnostic center for preventive medical examinations.

The first question that arises is, are you obligated to satisfy your subordinate’s request? In order to answer it, you should first of all refer to the internal labor regulations in force in the organization. If the document states that the employer must at the employee’s request to establish flexible working hours, nothing can be done, you need to meet this desire halfway.

A sliding work schedule can be set either without a time limit or for any period convenient for the employee.

Application is required

First, you need to require a written statement from the employee. You must have proof that she is not against changing one of the essential terms of the employment contract, namely the terms of working hours*. The application must indicate desired work schedule And period of time on which it is installed.

We quote the law

A sliding (flexible) work schedule should provide workers with the duration of basic and weekly rest established by law. In this case, the maximum total working time per day should be no more than 10 hours.

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

Elements of a moving chart

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

Then you should decide fixed time. This is the time when the employee must be present at work. Let's say from 11 to 17 o'clock. Fixed working hours are the main part of the working day, which allows you to ensure the normal execution of work and maintain the necessary business contacts.

When developing a rolling schedule, one should not forget about breaks for food and rest, which typically divide a fixed time into two equal parts. Such breaks must be no less than 30 minutes and no more than two hours**.

Control over the timely start and finish of work and the correct use of working time during the working day should be exercised by the head of the structural unit

For example, if a day is selected as the accounting period, then with a five-day work schedule, working on a schedule of Monday, Wednesday, Friday from 8 to 17, and Tuesday, Thursday from 10 to 19, the employee fully fulfills the terms of your agreement. Since she fully works out her usual norm of 8 hours a day.

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

Sample

Transfer to main mode

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

If an employee wants to switch to a regular work schedule ahead of schedule, she must proceed in the same manner as when establishing a flexible schedule. Request a corresponding statement, draw up changes to the employment contract, issue an order canceling the flexible work schedule.

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

* -The essential terms of an employment contract can only be changed by agreement of the parties.
** -Clause 3.3 of the resolution of the USSR State Committee for Labor and Social Affairs and the All-Union Central Council of Trade Unions dated June 6, 1984 No. 170/10-101 “On approval of the regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children.” The document is published on page 104.
*** -Clause 2.1 of the resolution of the USSR State Committee for Labor and Social Issues and the All-Russian Central Council of Trade Unions of May 30, 1985 No. 162, No. 12-55 “On approval of recommendations for the use of flexible working time regimes at enterprises, institutions and organizations in sectors of the national economy” . The document is published on page 106.
**** -The number of hours that an employee needs to work during the accounting period is determined based on the fact that the normal length of the working week is 40 hours (Article 91 of the Labor Code of the Russian Federation).
***** -The same work schedule can be used for a longer accounting period, for example, a month, a quarter, a year. Since it is extremely difficult to schedule every day of work in a long accounting period.

Do we violate labor protection by setting the following work schedule for the employee: Monday, Tuesday - from 8 to 20 o'clock; Wednesday, Thursday - from 20 to 8 o'clock, the next 4 days are days off. A specific answer (without a link) is desirable.

Answer

Answer to the question:

The Labor Code of the Russian Federation does not prohibit establishing an individual work schedule for an employee, which must be specified in the employment contract (additional agreement), if it differs from the general rules in force for a given employer (Part 2, Article 57 of the Labor Code of the Russian Federation, Article 100 of the Labor Code of the Russian Federation).

Normal working hours cannot exceed 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation).

For example, for medical workers it is established that no more than 39 hours per week (). Depending on the position and specialty, certain categories of medical workers have an even shorter working time: 36-, 33-, 30, 24-hour week ().

The Labor Code of the Russian Federation does not prohibit setting the duration of daily work (shift) to 12 hours. But it is necessary to take into account that for some categories of workers there is a limit on the maximum duration of the shift (Article 94 of the Labor Code of the Russian Federation).

At the same time, the part of the shift that occurs at night must be paid at an increased rate (Article 149 of the Labor Code of the Russian Federation).

When working according to the schedule you specify, this rule is observed only for daily rest from Tuesday to Wednesday.

Thus, the establishment of such an individual work schedule is possible subject to compliance with the requirements established by law for the duration of working hours, daily rest, and the possibility of being involved in night work, established for certain categories of workers.

Details in the materials of the Personnel System:

The requirement to work at night is discussed upon hiring. To be involved in night work, an employment contract, shift schedule, etc. are required. There is no need to issue a special order for involvement in night work.

This conclusion is based on the following provisions:

If an employee works at night after the end of his shift (delayed due to production needs), register such work in the same way as any ().

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

1. Answer: Is it necessary to issue an order to work at night?
   • The work and rest schedule must be specified in the employment contract ();
   • the order is not a mandatory document for attracting an employee to night work ().
2. Answer: How to keep a summary record of working hours

With cumulative accounting, daily and weekly working hours may deviate from the established norm. However, during a certain accounting period, all allowed processing must be compensated for by deficiencies. In general, an accounting period can be a month, a quarter, a half-year, etc., but not more than a year.

An exception is recording the working time of employees engaged in work with harmful or dangerous working conditions. For them, in general, the accounting period cannot exceed three months. However, if, due to the seasonal or technological nature of work for certain categories of such employees, the established working hours cannot be observed during an accounting period of three months, then the accounting period can be increased to one year on the basis of an industry or inter-industry agreement and a collective agreement.

Determine the total working time according to the production calendar based on the normal length of the working week established for a certain category of employees. For example, as a general rule, the normal working week is 40 hours (), for employees under the age of 16 - no more than 24 hours per week (). At the same time, for employees working part-time, the normal working week is reduced. The specific method of maintaining summarized records must be provided for in the internal labor regulations.

To introduce summarized accounting of working time in an organization, issue an order in and reflect the procedure for its establishment in (). In addition, the features of maintaining the accounting itself can additionally be prescribed in a local act, for example in (). In the employment contracts of employees whose working hours change when summed up accounting is introduced, make changes to.

Example of summarized working time recording

Alfa CJSC has introduced summarized recording of working hours for drivers engaged in intercity transportation. The accounting period is three months. This was reflected in the internal labor regulations.

In the first quarter of 2011, driver Yu.I. Kolesov worked 447 hours, including:

• in January 119 hours;
• in February 144 hours;
• in March 184 hours.

Kolesov belongs to the category of employees for whom a forty-hour work week is established (). Therefore, according to the production calendar, his standard working time for the first quarter of 2011 is 447 hours, including: Five bad habits of personnel officers. Find out what your sin is
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Work individual schedule in Moscow: 9,791 vacancies

For some categories of workers, the duration of daily (between shifts) rest is established by regulations. So, for example, for drivers, the duration of daily (between shifts) rest, together with the break time for rest and food, must be no less than double the duration of work on the working day (shift) preceding the rest. (clause.

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

Individual operating mode: pros and cons

Working hours are from 9.00 to 17.00 with a break for rest and food lasting 1 hour from 13.00 to 14.00, which is not included in working hours and is not paid. The employee is given a salary of 25,000 rubles.
per calendar month based on the norm of 35 hours per week. Remuneration is made in proportion to the time worked.” Document fragment. Article 93 of the Labor Code of the Russian Federation In this case, when establishing such a regime, the employee’s working time sheet is marked with 7 hours a day.
And if an employee works more than 7 hours, this time will be treated as overtime. Adjusted by Federal Law of June 30, 2006
N 90-FZ, the concept of overtime work under Art.

Flexible work schedule

Labor Code of the Russian Federation), for employees under the age of 16 years - 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 employees working part-time, the normal working week is reduced.
The specific method of maintaining summarized records 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 for limiting working hours for cumulative accounting may be established in industry agreements. For example, the working hours of employees in the oil and gas industry with summarized accounting (incl.

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, overtime, etc.). We also remind you that flexible working hours can be established: - both at the conclusion of an employment contract and later; - both for a certain period and indefinitely, since restrictions for establishing such a regime are not provided for by law.

Attention

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

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 workers, you need to determine whether the standard hours for the accounting period are being met. As a rule, in this mode of operation the accounting period is set to a year. The presence of overtime can be adjusted by providing additional days off as scheduled. In addition, you should pay attention to compliance with the requirements for the duration of daily rest.

The Labor Code does not establish a minimum duration of daily (between shifts) rest. According to established practice, the work schedule in an organization is established, as a rule, in such a way that the minimum duration of daily (between shifts) rest, together with the lunch break, is no less than double the duration of work on the day (shift) preceding the rest.

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At the same time, employees must be made aware of the possibility of using such a schedule. If, when applying for a job, 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 employment order.

In the line “Conditions, nature of work” it is indicated: “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 filling out an additional agreement to an employment contract. Federal State Unitary Enterprise "Vympel" 03/29/2013

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

Federal State Unitary Enterprise "Vympel" 03/29/2013 N 33 Puchezh On the establishment of working hours I order: 1. Establish from 04/01/2013 to 09/30/2013 for laboratory assistant A.A. Lyutina: 1.1. Flexible working hours with part-time work week, duration 24 hours. 1.2. Four-day work week - Monday, Tuesday, Wednesday, Thursday; Weekends - Friday, Saturday, Sunday. 1.3. Fixed hours (mandatory presence at the workplace) - from 10.30 to 12.00 and from 14.00 to 15.30. 1.4. Break for rest and food - from 13.00 to 13.45. 2. Considering that when carrying out Lyutina A.A. labor function cannot comply with the established daily and weekly working hours, introduced in accordance with Art. 104 of the Labor Code of the Russian Federation summarized recording of working time, 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 on a staggered schedule. According to Part 1 of Art. 104 of the Labor Code of the Russian Federation, when, due to working conditions, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized recording of working hours so that the duration of working hours for the accounting period does not exceed the normal number of working hours. Accordingly, with this working time regime, it is necessary to introduce a summarized recording of working time with an accounting period not exceeding a year, and for workers engaged in work with harmful and (or) dangerous working conditions - three months.

Work according to an individual schedule

If an employee has already established a certain regime, but there is a need 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 introduced at any agreed time. When establishing an individual work schedule, it is important to specify in the employment contract the conditions for remuneration for the given 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 work schedule on a part-time working week (part-time), then the employment contract specifies the duration of the working week (working day), for example: “The employee is given a part-time working week of 35 hours and a part-time working day of 7 o'clock.
It should be taken into account that the transfer to a flexible working time regime must be preceded by careful preparatory work to substantiate the possibility and feasibility of its use in a particular department or workplace, the organization of recording of working hours, and the introduction of the necessary organizational and technical changes to 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 individual employees or teams of enterprise divisions are allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day. In this case, it is required to fully work out the total number of working hours established by law during the accepted accounting period (working day, week, month, etc.).
As a rule, working time records are kept by heads of departments and (or) the personnel department of the institution. In this case, a variety of methods and means of accounting are used.

Some people make notes in special cards or journals, while others use individual time counters or stamp watches. As a general rule, when establishing a flexible schedule, working time is recorded in a working time sheet using the unified form T-13, which is filled out according to the following rules: in the top lines of column 4, a letter (“I”) or a numeric (“01” is entered opposite the employee’s last name ) code, and the lower lines indicate the duration of operation in this mode.

According to the norms of the current labor legislation, the employer ensures that the employee works 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).

The work of hired workers in different spheres of economic activity requires completely different schedules of their involvement in the work process. If office workers work, as a rule, under conditions of a five- or six-day work week, then, for example, the service sector requires a completely different regime. A schedule is drawn up for each employee, which may include night work, shifts, and “floating” days off. In the meantime, it is impossible to draw up a schedule, guided only by the own wishes of the employer and employee - there are a lot of rules that are enshrined in labor legislation.

Time worked is the basis for remuneration for employees with a time-based condition for payment

Labor law obliges the employer to keep strict records of working time for each employee, because it is for time (with the exception of rather rare cases of piecework) that payment for work occurs. The labor regime is determined first of all by law, and secondly by the employer in agreement with the trade union and the employee, the rules for the distribution of time. The Labor Code of the Russian Federation contains a section devoted to working time, a separate chapter of which (Chapter 16) regulates this particular regime.

Working hours according to the Labor Code of the Russian Federation can be represented by several types of duration: normal, shortened and incomplete. In addition, special varieties include night work, overtime work, and work with the possibility of irregular days. The main difference between part-time and short-time working hours is their payment - the first means payment in proportion to the hours worked, the second - regardless of the hours worked. Night and overtime work are paid at an increased rate; irregular working hours are, as a rule, compensated for by additional days of the annual vacation period.

Elements of the working time regime are those positions that, in accordance with the law, must be determined when forming a regime for each worker. Among these main positions, the Labor Code of the Russian Federation names:

• duration (number of working days) of the week (for example, five-day or six-day, incomplete, indicating the number of days, etc.);
• the presence of a condition on irregular working hours;
• duration of daily work - the number of hours of a working day or shift with an exact indication of their beginning and end, time frames for breaks;
• number of shifts per day;
• rules for alternating working and free days (for example, “two working days after two days off”, etc.).

How and by what documents the labor regime is determined

The work schedule for each individual employee must be discussed with him in advance - when concluding an employment agreement.

In general, according to the organization in the context of structural divisions or positions, the working hours are determined in the internal labor regulations.

PVTR is a local regulatory legal act of an organization that defines the main points of the relationship between a team of workers and the employer - rules for hiring and terminating labor relations, powers and obligations of the parties to an employment agreement in the process of work, general conditions regarding the working time regime, etc. PVTR are approved by the employer in agreement with the trade union organization, each employee must be familiarized with this document in writing when concluding an employment contract.

• In the PVTR, the working time regime of an organization can be reflected by:
• establishing the duration of the work week and specific daily work time frames for certain groups of positions (for example, “For departments: Management, Human Resources Department, Legal Service, Accounting, Office - a five-day work week, the beginning of the working day is 8:00, the end of the working day day - 17:00, break for rest and food - from 13:00 to 14:00");
• establishing for certain positions the condition of an irregular working day, indicating the amount of compensation in the form of additional days (at least three) of vacation in accordance with Art. 119 of the Labor Code of the Russian Federation (for example, “For positions: Director, Deputy Director, driver - an irregular working day is established with compensation in the form of 4 days of additional vacation period annually”);
• establishing a work schedule for individual departments and positions (for example, “For the sales department, a work schedule is established in compliance with labor standards for a five-day, 40-hour work week”);
• establishing a flexible work schedule, night (equated to daytime) work schedule, shift schedule, dividing the working day into parts for certain categories of workers (for example, “For the position “Cashier”, a shift work schedule is established, in which the third shift, falling at night, is equivalent to to daytime working hours").

The employment agreement must contain a section dedicated to the working regime. For employees whose position involves working a regular schedule of five or six days a week, the agreement specifies the exact work schedule. For those who will work according to a schedule, with cumulative accounting, with irregular working hours, with part-time working hours, with the day divided into parts, etc., these circumstances must be reflected in the specified agreement. Cases of establishing an unspecified working time regime are illegal; such a violation may entail liability for the employer under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation with all the ensuing consequences (fines and other sanctions).

A section on working hours must be included in the contract

How to establish new regime rules in an organization: procedure and documents

If an employee becomes familiar with the existing regime for a particular position when being hired by signing an employment agreement and marking the reading of the PVTR, then changing the current regime is somewhat more complicated.

The decision to change the PVTR can be issued in the form of an order

The procedure is as follows:

1. To begin with, the manager must make an informed decision about for which positions or structural units new rules are being introduced.
2. Then, in accordance with all the rules for changing the local regulatory legal acts, the corresponding changes are made to the PVTR (the project must be agreed upon with the trade union within five days, then signed by the manager).
3. Based on the amended PVTR, each employee affected by the changes is notified of changes in essential working conditions (notice must be handed in against signature no later than a month before the order is issued). In case of refusal to continue the employment relationship under the changed conditions, the employee must be dismissed upon expiration of the notice period.
4. Within the prescribed period (a month after notifying employees), an order is issued for the enterprise to change the regime for specific employees (at this stage they must be listed by name). Each employee gets acquainted with the order by signing it.
5. On the day the administrative document is issued, an additional agreement to the contract is concluded with each employee, changing the terms of the working time regime.
6. From the date specified in the additional agreement and order, a new regime begins to operate with its new documentation (for example, with the drawing up of schedules).

Work schedule as a document regulating daily individual work schedule

The work schedule is one of the most important documents for organizing the work of those employees who do not work according to the general (production) calendar. Thus, the daily schedule regulates the time of coming to work, leaving work, break times, and even the workplace assigned to the employee.

The schedule is usually drawn up for one month, however, this period is not regulated by law. Therefore, depending on the circumstances and characteristics of the production process, the document can be drawn up for a week, a quarter, or a year.

The schedule, as a document, can be drawn up:

• simultaneously for all employees of the enterprise;
• for employees of one structural unit;
• for a certain group of employees from different structural divisions;
• separately for one employee.

Form and symbols

In the shift schedule it is enough to indicate only the shift designation

When summarizing accounting, the schedule must contain columns reflecting the amount of hours per month, per quarter (depending on the accounting period)

The process of drawing up and approving the schedule

The procedure for drawing up and approving a schedule in an organization can be regulated either by a local regulatory legal act or by order of the manager. Persons responsible for maintaining, approving and approving documents are determined by designation in these documents and the inclusion of a corresponding item in the job description.

As a rule, the schedule is drawn up by the person responsible for this in the structural unit (department, service), endorsed by the head of the structural unit, a representative of the personnel department and the trade union, approved by the head of the enterprise or his deputy in charge of the relevant area of ​​activity.

The schedule can be drawn up either manually (using standard Office tools with output on paper) or in specialized software packages (for example, 1C: HR and Salary, SAP, etc.).

Schedule requirements

When drawing up a work schedule, the employer is in a situation where it is necessary to comply with a lot of rules, requirements and interests. First of all, these are the requirements of labor legislation that protects the rights, interests and even health of the employee:

1. The duration of daily work should not exceed those established by Art. 94 of the Labor Code of the Russian Federation limits (special limits are established for minor employees, disabled people, workers in harmful unsafe conditions).
2. The number of working hours per week should not exceed the norm according to the production calendar (40 hours as a general rule). For those who have been assigned summarized accounting for an accounting period, it is mandatory to comply with the standard hours for this accounting period (quarter, month, etc.).
3. Shifts that primarily occur at night should be reduced by 1 hour.
4. After a shift lasting more than 24 hours, an equal or greater rest period is provided.
5. If the employee does not have a condition for dividing the working day into parts, his lunch break (or the sum of several during the day) should not last more than two hours.
6. The minimum lunch break is 30 minutes. It is obligatory to establish daily, if the agreement of the parties and the PVTR does not provide for the employee to eat food in parallel with work. Lunch break is not paid.
7. It is prohibited to work during two shifts following one another.
8. Hours that fall during an employee's illness or vacation are also included in his monthly (quarterly) rate. In other words, the employee is not required to make up the actual missed hours to the standard.
9. The limits established by Art. 99 of the Labor Code of the Russian Federation for overtime work (no more than four hours in a two-day working period, no more than one hundred and twenty hours per year), etc.

Of course, when creating a schedule, the operating mode of the enterprise, workload standards, and the interests of the employee himself are taken into account.

Employee familiarization

The employer is obliged to familiarize employees with the work schedule no later than one month before the day it comes into effect - this is a direct requirement of Art. 103 Labor Code of the Russian Federation.

To avoid violating the requirements of the law, you should start drawing up a schedule no later than one and a half months before the start of the accounting period. For example, the schedule for December should be drawn up before October 15 in order to have time to coordinate, approve and familiarize all employees with it (after all, some of them at the time of familiarization may be on vacation or on sick leave, but this circumstance is not an excuse in case of violation of the deadlines for familiarization ).

How to change the established work schedule

Since the work schedule is established by agreement of both parties to the labor relationship, any of them can initiate its change. Changing the regime (as a more general, permanent concept) on the initiative of the employer is described in the section on establishing a labor regime at the enterprise. A change in the schedule, as a one-time event or an incident affecting one employee, occurs:

• or by adjusting an already drawn up schedule (document), if a work schedule has been established for the employee;
• or by amending the employment agreement - if the employee works according to the regime fixed in this document (that is, according to the normal production calendar).

In the first case, the scheduler, at the request of the employee or on his own initiative (due to production needs), draws up a corrective schedule, endorses and approves it according to the usual procedure for preparing this document.

You can change the working hours either for a group of employees or for one of them (for example, at his request due to family circumstances)

In the second case, at the request of the employee, an order is prepared to change the work schedule - this is enough if the schedule changes for up to two weeks. If the period of change in the working regime is longer, it is necessary to conclude an additional agreement to the contract.

I have a higher legal education, experience working in court, a bank, and an enterprise. Despite the fact that my main specialization is criminal law and procedure, all of my professional activities are related to business law, starting from personnel issues and ending with lending problems. For a long time I have been writing reviews of foreign and domestic media on business topics.

The Labor Code includes a vague concept of flexible 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. Working in flexible working hours

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

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

In practice, three types of flexible scheduling are used:

1. sliding (floating)— for a specific 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 work.
3. Shift— employees perform job duties in alternating shifts - day and night, morning and evening.

The given flexible work modes are suitable for students combining work responsibilities with studying at an educational institution; women on maternity leave or leave to care for a young child; people of creative professions who work “by inspiration”.

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

Below you can see the timesheet:

The picture shows the completed document:

When is this mode of operation not suitable?

Flexible schedule does 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 a 2-shift operating mode and no vacancies;
4. in organizations with a specific production process;
5. in case the employee performs official duties outside the enterprise (business trips, conferences, etc.).

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

Correct execution of the employment contract. Sample document

The flexible working time regime in the employment contract is specified in the clause “Nature of work and rest” or something similar. The constituent elements of a free work schedule should be specified in detail. The relevant section of the agreement is drawn up as follows:

“The employee is provided with a flexible work schedule with a 5-day work week of 35 hours.”

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

The remaining sections of the employment contract with a flexible schedule do not differ from those with a regular work schedule.

The place of work, the rights and obligations of the parties, the guarantees provided to the employee, and the period for granting annual paid leave must be indicated.

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

The photo shows an example of a document:

Responsibility for non-compliance with a flexible work and rest schedule

The establishment of a flexible schedule in an organization or 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 take advantage of flexible working hours, 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 an emergency It is allowed to exceed the number of hours worked by no more than 120 per year.

An employer, ignoring the law and forcing an employee to work beyond the time limit established by a flexible schedule, is subject to administrative liability.

For violation of labor legislation under clause 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, punishment is provided in the form of a fine of 1,000 to 5,000 rubles 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 regulatory legal acts containing labor law norms

Paragraph 1

1. Violation of labor legislation and other regulatory 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:
2. entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles;
3. for persons carrying out entrepreneurial activities without forming a legal entity, from one thousand to five thousand rubles;

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

Lateness without a valid reason, absenteeism, violation by an employee of the flexible lunch break period specified in the employment contract are grounds for the application of these measures.

The severity of the offense committed determines the type of penalty imposed.

Important! According to Article 195 of the Labor Code of the Russian Federation, disciplinary action may be taken against managers at various levels who violate labor laws.

Article 195. Bringing to disciplinary liability the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of employees

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.

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

The introduction of flexible working hours has a negative impact on the environment. Increasing the length of time employees spend at the workplace disrupts the heating and cooling regime of buildings and increases the amount of electricity consumed.

Most managers refuse flexible work schedules for employees due to the inability to control the proper performance of their job duties.