Changing working conditions is a procedure strictly regulated by the Labor Code. Taking this into account, an order to change working hours must be drawn up. The article describes the features of this document and the nuances that must be taken into account when drawing up an order to change working hours in an organization.

From the article you will learn:

• in what cases such an order is needed;
• for what purpose is an order to change working hours in the organization drawn up;
• how to write an order;
• what main sections need to be reflected in the order.

In what cases is such an order needed?

Working hours are considered one of the main conditions characterizing the work activity of an employee. Typically, this condition is set Internal labor regulations(PVTR) and is required to be mentioned in this document.

In the absence of a representative body of employees, the PVTR is drawn up by the employer without approval and employees, upon entering work, familiarize themselves with this document and sign it.

The work schedule and working hours of both the entire team of the enterprise and some of its divisions or categories of workers can also be established by a collective or labor agreement. But all adjustments to the working hours are carried out on the basis of an order to change the working hours, a sample of which the employer can develop independently.

In this case, the establishment of:

• different working hours (five-day working week, part-time, flexible schedule, shift work, night shifts);
• changing the length of the working day or week;

Lunch break time shift.

Drawing up an order to change working hours in an organization may be required in the following cases:

• modernization of production, introduction of new technological processes;
• organizational changes;
• reorganization of the production activities of the enterprise, changes in the labor functions of employees;
• to implement management decisions made by the employer in order to increase labor productivity;
• if necessary, optimize and make more rational the distribution and use of labor resources.

Note: The list of reasons why a change in operating mode may be required, given in the Labor Code of the Russian Federation, is not sufficient; it is open and subject to broad interpretation.

In this case, changes in working hours can be either permanent or temporary. But, regardless of this, all adjustments in relation to the schedule and duration of working hours are qualified by law as a change in working conditions and, accordingly, can be formalized either by an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation), or can be accepted unilaterally by initiative of the employer (Article 74 of the Labor Code of the Russian Federation). In the latter case, the employer is obliged to justify the decision he makes to the employees.

Document Objectives

Drawing up an order to change working hours in an organization is necessary in all cases: both when adjustments are made at the initiative of the employer, and when they are initiated by the employee. Such an order will need to be drawn up both in the case when the working hours are approved by the PVTR and the collective agreement, and when it is one of the conditions of the employment contract. The purpose of drawing up and issuing such an order is to bring to the attention of personnel information about the management decision made by the employer.

In any case, drawing up an order to change working hours in an organization is the first step the employer takes. If changes are made to the PTR or collective agreement, the employer issues a corresponding order or order. As working conditions change, agreements are then signed with employees indicating their agreement with the amendments made.

The text of the agreement is drawn up in any form. It must contain a list of employees who agree with the upcoming transformations; against their names, each of them must sign and date the document. Each employee, as well as the employer, must receive a copy of this document.

Note: These changes to working hours take effect immediately after the employee signs the agreement. As long as his signature is not on the agreement, he can work according to the old schedule.

When an employee’s working hours are one of the terms of the employment contract, at the first stage an order is also drawn up to change working hours in the organization. Workers get acquainted with him under his signature. Additional agreements to employment contracts are signed with those of them who agree with the changes. Those employees who consider it impossible to work according to the new schedule will be dismissed under Art. 74 of the Labor Code of the Russian Federation and employment contracts with them will be terminated.

How to make an order

A sample order to change working hours can be drawn up in any form approved by the employer in one of the local regulations.

In the case when the initiator of the change work schedule became an employee, the basis for issuing such an order is his written application submitted to the manager.

The process of processing and drawing up an order to change working hours in an organization is regulated by approved state standards. The presence of mandatory details is a prerequisite for the document to have the necessary legal force. Such details include:

• full name of the organization, background information about it;
• name of the type of document, its number in accordance with the nomenclature of cases approved at the enterprise;
• date and place of document preparation;
• title - summary;
• the main text of the document set out in accordance with the requirements for the content of orders;
• manager's signature organizations;
• if necessary - coordinating signatures.

Main sections

When drawing up an order to change working hours in an organization, it should be taken into account that an administrative document of this type must contain several mandatory semantic blocks.

1. Justification of the introduced changes to working hours, it is necessary that they be sufficiently convincing;
2. Cancellation of the working hours regime previously in force at the enterprise;
3. Establishing a new version of the work schedule and its detailed description, indicating the start and end of the working day (shift), the start and end time of the break for meals and rest;
4. Date of entry into force of the new regime;
5. Instructions to the relevant services on the need to notify workers in advance about changes in their working conditions, other instructions stipulated by the procedure. established by Article 74 of the Labor Code of the Russian Federation.

An order to change work hours is drawn up in writing on the organization’s letterhead. The original document, endorsed by all persons mentioned in the order, including the head of the company, is transferred for storage to the general department.

If the order applies only to a specific employee or in the case where the terms of the employment contract have been changed at the initiative of the employer, the document is stored in the folder with the employee’s personal file. Other documents, the basis for the issuance of which was this order: notifications and additional agreements, are also drawn up in writing.

How much, in what mode and according to what schedule employees work, each employer decides independently. The main condition is that working hours do not exceed the thresholds established by law. As a rule, the operating mode is set once and for a fairly long period of time, but sometimes, due to various circumstances, there may be a need to change it. The main document on the basis of which changes occur is the order to change the working hours.

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How and where the operating mode is reflected

Documents that record employees' working hours:

• collective or individual labor agreement,
• internal labor regulations.

Moreover, if there is a trade union organization at the enterprise, its opinion must be taken into account when establishing the working regime.

If any changes are made to this parameter of working conditions, the company must draw up a corresponding order, also approved by the trade union. The absence of this document, if anything happens, can lead to administrative punishment from supervisory authorities in the form of a fairly large fine both for the enterprise itself and for its manager.

Who draws up the order

An order to change the working hours is drawn up on behalf of the director of the enterprise by any employee authorized to write administrative documentation. This could be the head of a structural unit, secretary, legal adviser, etc.

The completed order is submitted to the head of the company for approval.

Without his signature, it will not acquire legal force and can be challenged without much difficulty with the help of a court or labor inspectorate.

What to rely on when creating an order

All orders issued by companies must have some basis in the form of a written document or legal norm. In this case, article 74 of the Labor Code of the Russian Federation can be indicated as such, the provisions of which serve as a direct basis for writing orders of this kind, but only on the condition that the changes are caused by changes in technical characteristics or organization of working conditions.

But Article 72 of the Labor Code of the Russian Federation, which can also serve as the basis for issuing an order to change the working hours, can only be referred to if these changes have occurred by mutual agreement of the parties.

Key points in drafting an order

Now there is no standard, uniform sample order for changing working hours, so employers can write it in any form. In some cases, enterprises use internal document templates approved in the company's accounting policies. But, regardless of which path is chosen, the order must include a number of mandatory information. These include:

• Document Number,
• locality,
• date of document preparation,
• Name of the organization,
• the essence of the order, i.e. new working hours,
• the basis for its writing,
• persons responsible for its execution, indicating their positions and full names (here this is usually a specialist or the head of the personnel department).

It would be good if the reasons why these changes occurred were immediately indicated (optimization of the production process, difficult financial situation of the company or, on the contrary, an increase in the volume of work, etc.). If any additional papers are attached to the document, their presence must be indicated in a separate paragraph.

It must be said that the order may concern both individual employees of the enterprise and the entire team as a whole: information about this also needs to be reflected in the document.

How to place an order correctly

As for the descriptive part of the document, the law does not impose any special requirements for its execution, so the order can be written on an ordinary blank sheet of A4 or A5 format or on company letterhead, printed or handwritten. The only thing that must be observed is the presence of an original signature of the head of the organization or a person authorized to endorse such papers.

In addition, the order is usually signed by the employees responsible for its implementation and those personnel representatives who are directly affected by it.

The signatures of the latter, although they do not have to be present on the document, indicate that their authors are familiar with the order and agree with it.

Today there is no strict need to put a stamp on an order: various types of cliches and stamps can only be used in cases where this norm is established in the internal local acts of the company. In the general procedure, which also applies to legal entities, seals and stamps are no longer required for use.

Usually the order is written in one original copy, but if necessary, it can also be made additional copies(for example, for presentation to the HR and accounting departments).

After writing the order

After the order has been issued and all employees have become familiar with it, on the basis of it, additional agreements to employment contracts are concluded (in connection with changes in working conditions, which include working hours), and necessary changes are made to the internal labor rules routine.

How and for how long to store the form

For the entire period of validity, the order must be filed with the rest of the administrative documentation in a separate folder, which must be kept in a place with limited access. After the current document has passed, it should be given to the archive of the organization, where it should be stored for the period established by law (but at least three years) or the period specified in the internal local regulatory documents of the enterprise.

The maximum permissible working hours during the day and week are established by law, in particular, by the Labor Code (Article 91 of the Labor Code of the Russian Federation).

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But exactly what time employees start work, finish it, go on a break, that is, what the working hours will be, each employer decides independently. It is based on the needs of the organization.

If the regime is the same for all employees, then it is enshrined in the Internal Labor Regulations (ILR). And every employee entering work is familiarized with this document upon signature.

If the work procedure is different for some employees, this is stated in their instructions.

For example, in an organization the working day starts at 8:30 and lasts until 17:30. It includes an hour and a half break from 12 to 13-30. This is indicated in the corresponding paragraph of the PVTR. However, system administrator Ivanov works from 10 to 20 o’clock and has lunch from 3 to 5 o’clock in the afternoon. This is agreed upon in advance and written down in his contract with the employer. He is not obliged to comply with this point of the schedule and arrive at 8-00.

In what cases is a document required?

The law does not prohibit an employer from changing working hours. As a rule, the basis for such a decision is the peculiarities of business processes.

The reform can affect the entire organization as a whole, as well as individual divisions or even employees. But such a change must be properly formalized. In addition, the changes introduced should not lead to a deterioration in working conditions and the situation of workers.

A change in working hours is entered by a local document - an order. But its content and approval procedure depend on where exactly the current working time regime was recorded.

There can be three options:

• the regime is the same for everyone and is prescribed only in the PVTR;
• the regime is the same for everyone and is prescribed in the PVTR and the employment contract;
• The regime is individual and is included only in the employment contract.

The rules of procedure have a special approval procedure. It is described in Art. 190 TK. Workers, through their representatives (trade union), participate in the discussion of its conditions.

The document agreed upon with them is approved by order. Any changes to the PVTR are also formalized. If the Rules serve as an appendix to, then their changes are subject to the rule of Art. 44 TK.

Another option for changing working hours is the will of the employer. But not in any case, but only if this is due to the reasons set out in Art. 74 TK.

Changes in working conditions must be justified by objective changes in the work process, technological, organizational, or a combination thereof. This should also be reflected in the order.

Changes to the employment contract, including those relating to working hours, are made by agreement of both parties (Article 72 of the Labor Code).

The agreement reached must be recorded in writing in the form. Otherwise, such innovations are illegal and the employee has the right to seek protection of his rights through the labor inspectorate or the court.

Reasons for drawing up

The grounds for issuing an order to change working hours in this way will be:

• written consent of the employee and an additional agreement drawn up in accordance with all the rules;
• a new version of the PVTR adopted as a result of collective negotiations, reflecting changes in working conditions in the organization (organizational or technological).

Who makes the decision?

The decision on all changes, including working hours, is made by the manager. This is within his competence.

But there are two important points here.

If we are talking about introducing new conditions into an employment contract, then a written agreement with the employee is required (Article 72 of the Labor Code). Well, the procedure for adopting the PVTR, according to Art. 190 of the Labor Code, requires agreement on new working hours with the trade union or other employee representatives.

A sole decision of the manager made in violation of these requirements will become a reason for a labor dispute.

Rules for issuing an order to change working hours

An order to change working hours, like any administrative document, must have the following required details:

• Name of the organization;
• document type;
• date of compilation;
• serial number;
• title;
• main text;
• manager's signature;
• necessary approvals.

Main sections

As for the content of the order, it consists of several important blocks:

• justification for the changes introduced (agreement with the employee or change in working conditions);
• abolition of the old regime;
• a complete description of the new working hours;
• the date of its introduction;
• instructions to warn workers in advance about changes in their working conditions.

Document form

Like any important document, an order to change working hours is drawn up in writing.

Its original, signed by the manager, is kept in the general department or in the employee’s personal file (if we are talking about).

Documents issued on its basis will also be written: notifications and additional agreements.

Sample order (drawing example)

Here is a sample order to change the working hours for the entire organization:

If we are talking about changing the working hours for a specific employee, then it is necessary to draw up an order and conclude a written agreement on the changes made to the employment contract.

Order:

The main text of such a document will be as follows:» the working hours are set from 09-00 to 17-30 with a break from 12-30 to 13-00 lasting 30 (thirty) minutes.

Example of an additional agreement:

Important nuances

It is not enough to correctly draw up and sign an order to change working hours. There are a number of legal requirements that must be met. Namely, employees need to be notified of upcoming changes. And this must be done no later than two months before the introduction of the new regime (Article 74 of the Labor Code).

That is, if the order says that changes are introduced from December 1, then the order is signed not on November 30, but at least on October 1, and preferably even earlier. Then, on its basis, additional agreements are drawn up with employees.

Example notification:

How to introduce employees?

Employees must be familiarized with the changes being introduced by signature. But it is not placed on the order, but on the individual written notification that each of them receives.

This document specifies the reason for the changes, the deadline for their introduction and information about the consequences of the employee’s refusal to work in this mode (according to clause 7, part 1, article 77 of the Labor Code).

The employee either receives the notice in hand or refuses to do so. In this case, an act is drawn up. In this case, the notification is read out orally.

A notice can also be sent to a refused or absent employee by mail to the address specified in the employment contract. In this case, the employer is considered to have fulfilled his obligation to promptly warn his subordinates.

How much and where should it be stored?

The main regulatory document defining the storage periods for administrative documents is the List of Standard Documents, approved. Rosarkhiv in 2000

Changing the operating mode of an organization: order (sample)

From this material you will learn how to draw up an order on the operating hours of an organization (a sample is provided). We'll tell you how to set up a full-time job for a part-time employee.

The regime of working hours and rest time is one of the mandatory conditions of the employment contract provided for in Article 57 of the Labor Code.

An employer can change an employee’s working hours:

• or with the consent of the employee- in the manner prescribed by Article 72 of the Labor Code. In this case, you need to draw up an additional agreement to the employment contract and issue an order;
• or unilaterally, notifying the employee in writing two months in advance, indicating the reasons for the need for change, in the manner provided for in Article 74 of the Labor Code. Then you will need to draw up an order on the organization’s operating hours (see sample below).

We will consider the documentation of unilateral changes in working hours in more detail.

When is it permissible to change the operating mode unilaterally?

The employer has the right to unilaterally change the employee’s work schedule when organizational or technological working conditions change, when the terms of the employment contract determined by the parties cannot be maintained. For example, if changes have occurred in production technology, in the event of a structural reorganization of production or for other reasons (Part 1 of Article 74 of the Labor Code of the Russian Federation).

Documentation of changes in operating mode

To change an employee’s work schedule, the employer needs to take certain actions and prepare a number of documents.

Notifying an employee about a temporary change in his work schedule. The employer must notify the employee in advance - no later than two months - of the upcoming temporary change in his work schedule.

The notification must indicate:

• the reason for the temporary change in the employee’s work schedule;
• rights and obligations of the employee during the notice period;
• the deadline by which the employee must make a decision;
• consequences of the employee’s consent or refusal to continue working under new conditions.

This will help avoid labor disputes in the future.

If for some reason the employee does not agree to change the work schedule, the employer may offer him another job (a vacant position corresponding to the employee’s qualifications, or a lower position, or a lower paid job), which the employee can perform taking into account his state of health (Part 3 of Art. 74 Labor Code of the Russian Federation).

If there is no other work or the employee refuses it, the employment contract is terminated in accordance with paragraph 7 of part 1 of Article 77 of the Labor Code. This procedure is established in Part 4 of Article 74 of the Labor Code.

Example 1
JSC Fortuna has a 40-hour work week. L.I. Parusova works part-time (6 hours a day, five-day work week).

Due to production needs, the employer plans to transfer L.I. from September 15 to October 15, 2014. Parusov full-time. How to notify an employee?

There is no unified form of notification of changes in the terms of the employment contract determined by the parties. The employer can draw up a document in any form (see sample 1 below)

Notification of changes in the terms of the employment contract (sample)

Employee's response. The employee can express his decision in the notification, if there is a special field for this in it, or in a separate document - an application (see sample 2 below).

Consent to change the operating mode (sample)

Example 2
Let's continue with the example. L.I. Parusova received a notice from her employer about a temporary change in her work schedule. In what form should she give him her answer?

The employee sent a written response to the employer in the application form (see sample 2).

Additional agreement on changing the terms of the employment contract. After sending a notice to the employee and receiving his consent, expressed, for example, in a statement, the employer must first enter into an additional agreement with the employee to the employment contract.

Example 3
Let's continue examples 1 and 2. L.I. Parusova works part-time. Due to operational needs, she agreed to work full time from September 15 to October 15, 2014. It is necessary to draw up an additional agreement to the employment contract with the employee.

The employer will formalize the change in the employee’s working hours by an additional agreement to the employment contract (see sample 3 below).

Fragment of an additional agreement to an employment contract (sample)

Based on an additional agreement to the employment contract, the employer needs to issue an order to temporarily establish full-time working hours for the employee.

Order on temporary change of operating mode. There is no unified form for such an order; it is drawn up in any form. Let's show with an example how to compose it.

Example 4
Let's continue with example 3. It is necessary to issue an order to temporarily change the operating mode of L.I. Parusova.

The employer will issue an order on the organization’s operating hours (sample 4).

Order on the organization's operating hours sample (sample)

How to pay an employee after changing his work schedule

Let’s figure out how an employee’s salary will change due to the fact that he is temporarily assigned full-time work, that is, the daily work hours are increased.

Overtime. According to Part 1 of Article 99 of the Labor Code, overtime is work performed by an employee at the initiative of the employer outside the established working hours for the employee (daily work (shift)).

When transferring an employee from part-time to full-time on the basis of an additional agreement to the employment contract, additional hours of work cannot be considered overtime.

If a company has a 40-hour workweek, working within 40 hours per week will not be overtime.

Transition to full timein the report card. In the working time sheet according to form No. T-12 or a form independently developed by the company, time spent working part-time is marked with the letter code “NS” or the number 25.

Example 5
Let's continue with example 4. Employee of OJSC Fortuna L.I. Parusova works for the company part-time (6 hours a day, five-day work week). The company has a 40 hour work week. Due to production needs, from September 15 to October 15, 2014, L.I. Parusova will work full time.

How should periods of part-time (6 hours per day, five-day workweek) and full-time (8 hours per day, five-day workweek) work be reflected on the September 2014 time sheet?

Duration of work of an employee of OJSC Fortuna L.I. Parusovaya in part-time working mode at the initiative of the employer in the report card in form No. T-12 will be indicated by the letter code “NS” or the number 25 (see sample 5).

Fragment of a time sheet: transition to full time

Salary after switching to full time. When an employee works part-time, payment for his work is made in proportion to the time worked. Let us show, using an example, how to calculate wages for the month in which the employee’s working hours changed in accordance with the additional agreement to the employment contract.

Example 6
Let's continue with example 5. Employee of OJSC Fortuna L.I. Parusova worked one part of September (10 working days) part-time - 6 hours daily, and the second (12 working days) - full-time - 8 hours a day. According to the production calendar, there are 176 working hours this month. The employee's salary is 23,000 rubles. per month. How much salary will she receive for September?

For the period worked part-time, the salary of L.I. Parusova is equal to 7840.91 rubles. (RUB 23,000: 176 hours × 10 work days × 6 work hours).

The salary for the period of full-time work will be 12,545.45 rubles. (RUB 23,000: 176 hours × 12 work days × 8 hours). In total, for September the employee will be credited with 20,386.36 rubles. (RUB 7,840.91 + RUB 12,545.45).

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 summarized accounting of working time for individual positions (for example, “For the position “Seller”, a summarized accounting of working time is established, the accounting period is a quarter”);

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 warned 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 hours actually missed to normal.
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.

Violation of this deadline may result in administrative liability.

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 ).

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.

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