The article will talk about flexible working hours. What is it, what are its positive and negative sides how to draw up a contract - further.

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Many trade and manufacturing enterprises work seven days a week, and the working day lasts the wrong 8 hours. This is called "flexible working hours". What does he represent?

Basic information

IN Russian Federation there is a law according to which a person has the right to work according to such a schedule that suits him.

Only if the employer does not mind it. It can be applied to a certain category of citizens, for example, for students or.

Despite all this, with a flexible schedule, there must also be discipline. Employees must be at work certain time.

This does not include a lunch break. It's the same work week, only work time can last not only 8 hours, but also 4 hours, and 12 hours.

Guarantees for employees are the same - holidays, weekends, sick days and maternity leave. main feature system - the employee has the right to independently choose the duration of the working day.

For a specific period, he is obliged to perform the specified amount of work. A flexible schedule helps solve a lot of problems:

This system is not for everyone. If there is no experience, necessary qualifications and level of responsibility, the schedule will not work.

Consider an example of a daily routine with the following work schedule:

fixed time	From 11 am to 5 pm
variable time	From 9 a.m. to 11 a.m., from 5 p.m. to 6 p.m.
Lunch break	From 13:00 to 14:00

When introducing a flexible work schedule, restrictions should be adhered to - you cannot enter a schedule for 3-shift work, at the junction of shifts, if work is carried out outside the enterprise (, meetings, conferences).

With a sliding work schedule, it is also provided in case of violations:

The labor process is controlled by the head of the organization or an employee of the personnel department.

Flexible working hours are established if working conditions it is not possible to set a schedule with the normal operating mode.

When the size is determined wages, should take into account the hourly tariff rate or monthly salary. Hours worked are multiplied by the wage rate.

If the established monthly norm has not been worked out, the salary for the month is divided by the number of working hours for the month and multiplied by the time actually worked. The employer is obliged to correctly draw up documents for the employee.

If they are drawn up incorrectly, during the inspection of the labor inspectorate, the employer may be held liable in the form of a fine or suspended manufacturing process organization for 90 days.

If an employee wants to work according to such a schedule, but the employer does not see the need for this and refuses him, it will be legal - no agreement has been reached.

The managing person has the right to introduce a rolling schedule, but is not obliged to do so.

There is a situation in which the employer does not have the right to refuse - if the employee has a minor child or a disabled child. Parents have the right to work part-time.

What it is

A flexible work schedule is a way of distributing work activities that allows an employee to independently set the length of the working day - its beginning and end.

What are they

Can exist in an organization in one of 3 forms. Varieties of flexible working hours are:

Sliding	A well-established system that alternates weekends and workdays. The duration is not like the traditional schedule (5 working, 2 days off). The following cycles are applied - 2 working - 2 days off, 3 working - 3 days off, 1 day working - 3 days off
in shifts	An employee works in a specific shift, the duration of which is from 5 hours to 12 hours. During the day, the organization has several shifts, for example, from 7.00 to 15.00 and from 15.00 to 23.00. It happens and night shift– from 23.00 to 7 am. Getting a job, a person independently chooses a shift
Free	In which the employee is not put forward requirements regarding the time spent in the organization

The legislative framework

Rotating work schedule is adjustable.

The conclusion of the contract is carried out according to the following scheme:

1. Submission.
2. Familiarization with regulations and contracts.
3. Signing an agreement.
4. Edition.
5. Registration of a work book.
6. Issuance of a personal card of an employee.
7. Recording in .

An order to establish a flexible schedule and an agreement on a new mode of work (if the employee previously worked in the main mode) should be attached to the contract.

What are the benefits

A flexible schedule has benefits for both the employer and the employee. A person has the opportunity to independently plan his working day.

Video: Big Brother Attendance Software, Office Flexibility

Work activity can be combined with personal affairs without involving the employer in this. This is a great opportunity to avoid stress - due to problems with transport, communication with colleagues.

Can be combined with study. For employers, the benefits are:

• saving money on renting premises, paying bills and other expenses;
• the ability to attract qualified workers who are in another city;
• the result of the work is paid, not the time;
• reduction in staff turnover.

with rolling holidays

The staggered work schedule also includes days off. But they will not be standard and fixed - any 2 days a week.

They may not be sequential, for example, Tuesday and Friday. Weekends fall on different days every week.

Options for students

Work for students with flexible is divided into 2 types - for smart and not very smart.

The first option involves a job that will help develop, for example, an advertising agent, manager, insurance agent, and so on.

The second option does not provide for any development, but allows you to earn solid money. This is a job as a courier with a flexible schedule, a loader, a cleaner, and so on.

There is nothing shameful in this, especially for those who want to earn money on their own without experience. Work will allow you to relax and distract from the educational process.

The ideal option would be an internship at the one for which the student is studying.

This is a great opportunity not only to earn money, but also to acquire skills and apply knowledge in practice.

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

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

At present, the Labor Code of the Russian Federation practically says nothing 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 works the required hours.

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

Main 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, a half year, or a longer period.

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

All changes take place in general order, that is, with a warning in due time.

Sample application for flexible working hours

Any party can initiate the transition to a flexible schedule. If the initiative comes from the employee, he must state his request in a statement. 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 Establishing Flexible Working Hours.

Sample order for the establishment of flexible working hours

The transition to the flexible time mode is formalized by the relevant order, it indicates the following information:

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

When is the contract concluded

Working hours can be set immediately when a person is received, in which case it is included in the text of the contract. If the employee switches to flexible mode 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 in which information on the mode of working hours is provided, an entry is made about flexible working hours and its detailed description.

Not every organization, due to certain features, can work under the conditions of the established schedule. In connection with this legislation, flexible working hours are provided. This nuance must be specified in the employment contract. Consider the main features of a flexible schedule.

Definition

The flexible working time regime implies the organization of working time, when individual employees or the team as a whole are allowed to regulate the beginning, end and total duration of working time within the established limits. This process is governed by the agreement of the parties.

If the organization has adopted such a regime, then during the accounting period the prescribed working hours must be worked out in total. The elements of a flexible schedule include:

• variable time (the employee himself regulates the working day within the established time frame);
• fixed time (the employee must be at the workplace at the set hours);
• break (time allotted for meals and rest, which is not included in the general working period);
• accounting period (a certain period during which the hours prescribed by law must be worked out).

The flexible working time regime in the employment contract should clearly define the type of accounting period. It can be equal to:

• labor day;
• work week;
• labor month.

Kinds

Flexible working hours are divided into three types:

1. Sliding. For an employee who works according to such a schedule, in labor agreement standard time is set. It should work like everyone else, but with floating hours of operation. Example: an employee comes to work a few hours earlier than everyone else, but also leaves a few hours earlier.
2. Free. The schedule assumes a free visit, not tied to a time. Suitable for people of creative professions.
3. shift. Schedule of work, in which the performance of duties is divided into shifts. good example are nurses or doctors.

In flexible working hours, the start is determined by the terms of the contract or supplementary agreement. And the duration of labor activity is regulated by the work schedule of the institution.

Where is fixed

Most often, work in flexible working hours is enshrined in the following local documents:

1. The rules that govern internal order. It reflects: employment conditions, availability probationary period, grounds for dismissal, conditions for the performance of imputed duties, work and rest hours, grounds for providing compensation.
2. Collective agreement. This document is intended to establish a list of guarantees for employees, as well as stipulate the conditions for cooperation between the parties.
3. Contract of employment. Flexible working hours are mandatory in the employment contract. It is entered initially, regardless of what the previous schedule was.

If, after hiring a citizen, his working conditions, including the mode of activity, change, this will reflect an additional agreement and an order to change the work schedule.

Limitation

The flexible working time regime, despite the ability of employees to independently regulate their time, has an important limitation.

There are situations when an employee simply needs to be at the workplace. For example, to attend a meeting or meet with an important client. It is for this purpose that the flexible schedule provides for a certain time when the employee must be at his workplace.

What does flexible working hours look like in practice? An example of such a graph looks like this:

Decor

The introduction of flexible mode provides not only the establishment of hours of work, but also the written execution of the agreement. Where should it be recorded? The flexible working time regime in the employment contract should be spelled out as a separate clause, and the registration procedure itself takes place in several stages.

If the initiator is an employee, then he needs to write a statement about changing the work schedule and indicate what hours he can work, indicating the time of the break. Based on this application, an order is issued. After signing the administrative document, an additional agreement to the main employment contract must be drawn up. It indicates a change in the work schedule. The additional agreement takes effect from the moment of its signing.

If the schedule change is initiated by the employer, then the changes are made in accordance with Article 74 of the Labor Code of the Russian Federation. First, the head of the department submits a memorandum to the higher management, where the situation is analyzed and problems are identified, due to which the organization incurs losses. For example, they can arise if the time of employees is irrationally used. And in order not to overpay for overtime hours, it is advisable to change the existing work schedule to a flexible one. Thus, the cost of paying wages will be reduced.

Based on the memorandum, an order is issued. It must indicate that flexible working hours are established after two months for specific employees. What they should be notified about in a timely manner.

After two months, another order must be issued, which will approve the list of employees transferred to the new schedule, itself new mode and the effective date of the document. After the issuance of this order, an additional agreement is signed.

If the flexible schedule is temporary, it is not mandatory. The parties work and interact on the basis of the conditions specified in the order.

In order to approve flexible working hours, the order, the sample of which is offered below, must be brought to the attention of employees against signature.

Payment

Even if an employee has a flexible schedule, he is still entitled to guaranteed salary payments in the amount that is established local acts. But this condition is met only if the norm of hours, which is established by law, is observed.

According to the labor code, employees are entitled to all benefits, compensations and guarantees. In other words, if the norm is developed, then the employee is obliged to receive a salary. In the case when an employee is involved in work beyond the established time, the employer must guarantee him:

• payment overtime hours work;
• double compensation for performance of labor duties on weekends;
• redundancy pay.

As for vacation, the employee rests for the time allotted to him. established schedule order.

Flexible working hours in the employment contract provide for overtime pay and performance of duties on weekends. this work regulated by Article 99 of the Labor Code. At the same time, payments for hours worked are made at the end of the accounting period after they are calculated. So, for the first few hours of processing, payment is no less than one and a half times, for subsequent hours of processing - at a double rate.

Also reward for overtime work may be replaced by additional rest time. This fact is negotiated with the employee, the given time cannot be more than the actually worked in excess of the norm.

Weekends and holidays, if they are included in the working days, are paid in accordance with Article 153 of the Labor Code of the Russian Federation:

• if payment is made at a daily or hourly rate, then the reward will be at a double rate;
• if the employee receives a salary, the work is paid in an amount not less than the daily or hourly rate, provided that it is performed within the boundaries of the monthly norm of working hours, and in the amount of a double rate if the norm is exceeded.

If an employee wants to take a day off instead of an increased remuneration, the employer must pay for the worked day off or holiday in a single amount, and not pay for the rest day.

For the information of employees, it is worth mentioning that the legislation does not set the deadlines when the employer must provide time off instead of payment. Therefore, this fact must be determined by agreement of the parties.

How to keep records

The law provides for the obligation of employers to take into account the hours actually worked by their employees. The main document confirming the fact of labor activity is called the time sheet.

Since the flexible working hours in the employment contract are specified as a separate clause and fix the specific number of hours set for the employee to work, it is this time that should be displayed in the time sheet.

There are two types of accounting:

1. Not summarized. This type includes either daily or weekly accounting.
2. Summarized.

Daily accounting is applicable when an employee has the same working hours every day. Weekly accounting is necessary when an employee works a different number of hours on different days of the week. But in general, it fulfills the prescribed temporary norm. It is equal to 40 hours prescribed by law.

When summed up, the duration of the time may be different. A defect for any day can be compensated for by processing on another, but for the accounting period the employee works out the due norm.

All the nuances of the employee's activities must be reflected employment contract. Flexible working hours (sample agreement) can be seen below.

If the accounting is violated, then the authorized person bears administrative responsibility, which is imposed by the body of the federal labor inspectorate.

Before the start of the working day, the employee must mark the beginning of the shift. And after the completion of labor activity - the end of working hours. Timesheets should be publicly available to employees half an hour before the start of work and immediately after it ends. The employer or an authorized person must ensure control over the accuracy of filling out the personnel list.

If an employee deviates from the established working hours, he should be credited with absenteeism.

Who suits

An employment agreement with a flexible schedule can be concluded with a manager, marketer, secretary, etc., the main thing is to understand how such a schedule would be appropriate in a particular position.

For example, a rolling schedule will be convenient for both the employee and the employer if the former has other things to do besides work. This includes study or part-time work.

The shift schedule has been known since Soviet times, when the employer needed round-the-clock production, and the performance of labor duties rested on the physiological characteristics of workers. Since a person cannot work the whole day and 7 days a week, it was invented shift work work. And production does not stop, and employees have the opportunity to rest. Today it is widely distributed in factories, in medical institutions, in the fire service, in law enforcement agencies, etc.

The establishment of flexible working hours in the form of a free schedule is well used in creative professions. The legal aspect is not violated here - both parties draw up an agreement on the performance of labor duties, and the employer himself does not overpay the employee for the time that he does not work. Such a schedule can suit artists, designers, musicians, writers.

Of course, there are professions where a flexible schedule would be inappropriate. This includes organizations where there are special security conditions or poor labor discipline. Also, a flexible schedule is not suitable for civil servants due to bureaucratic "sluggishness".

Nuances

Work in flexible working hours is determined by mutual agreement of the two parties, namely: the employee and the employer. But there are categories of workers for whom flexible work schedule installed initially. The basis for this is federal or industry legislation. The list of jobs where a flexible schedule should be introduced due to special specifics is indicated in order No. 112 of the Ministry of Communications of the Russian Federation.

Also installed normative document for women who are pregnant or have small children. And since it is valid to this day, it can be guided by both the employee and the employer.

The use of a flexible schedule should provide a woman with an optimal combination of economic, social and personal aspects. According to the law, such a regime can be established both indefinitely and for a fixed period. For example, during the school year or until the child reaches a specific age (16 or the age of majority).

Advantages and disadvantages

Each work schedule has both positive and negative sides. Therefore, choosing a particular schedule, the manager and employee should focus on identifying possible benefits.

Consider the pros and cons of flexible working hours for employees. The positive aspects include:

• the possibility of combining work with other activities;
• personal regulation of the amount of work performed, which prevents overload;
• the reality of combining work and family obligations (relevant for mothers with young children).

Among the negative points should be highlighted:

• difficulties in execution labor obligations if there is a need to interact with other employees working in a similar schedule;
• absence constant control leads to the postponement of important tasks for indefinite term;
• lack of career growth.

It follows from the foregoing: if the employee is responsible and knows how to organize his work, then such a schedule is the most preferable. Otherwise, it is better to look for a job with a regular schedule.

For the employer, flexible working hours also have both pros and cons. Positive sides:

• increasing the degree of responsibility of employees due to the lack of constant control by the authorities, as well as increasing the effectiveness of the work process and confidence in the manager;
• the absence of problematic situations with labor discipline due to the blurring of the boundaries of working hours (for example, a free visit does not determine a clear time for the implementation of the work process);
• involvement of high-profile specialists in the workflow due to the convenience of this type of schedule.

The negative points include the following:

• this chart is not suitable for leadership positions due to the fact that the boss must be at the workplace full time in order to be able to solve production issues and control the work process as a whole;
• the presence of difficulties in monitoring the unconditionality of hours worked and the execution of the established scope of work, as well as monitoring the quality of execution of assigned tasks;
• increase in costs when providing employees of the organization with means of communication and accounting for hours worked.

In general, the manager can benefit from the establishment of a flexible working regime, as employees will stop worrying about early rises, thinking about being late, and will be able to focus on the result. But the lack of control on the part of management can lead to a decrease in labor productivity and the quality of the work performed.

Labor legislation provides for such a regime of working hours, in which employees independently determine the beginning and end of working hours. Can employees apply to their employer for flexible working hours?

The flexible working time regime is a form of organization of working time, in which for individual employees or teams structural divisions organizations are allowed to self-regulate the beginning, end and total duration of working hours (Article 102 of the Labor Code of the Russian Federation). At the same time, the employer provides the employee with the total number of working hours during the accepted accounting period (working day, week, month, quarter, etc.). As a rule, with the introduction of flexible working hours, a rolling work schedule is established. In this case, the employer sets a fixed time when the employee is required to be at the workplace, and a variable time during which the employee independently determines the beginning or end of working time.

Recommendations for the establishment of a flexible working time regime were established by the Decree of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated May 30, 1985 No. 162 / 12-55 “On Approval of Recommendations for the Application of Flexible Working Time Modes at Enterprises, Institutions and Organizations of the National Economy Sectors”, currently in force time in the part that does not contradict Labor Code RF.

The need to establish a flexible working time regime can be caused both by the peculiarities of the work performed by the employees of the organization, and by everyday, social and other circumstances in the lives of employees. For example, an employer can introduce flexible working hours if it allows them to save on office rent if the production process requires it. If the organization has a flexible working time regime for all employees or individual structural divisions, then this work schedule is determined in the local regulatory act of the organization (collective agreement or internal labor regulations).

The employee also has the right to apply to the employer with a request to establish a flexible working time regime for him. To do this, he should write an application addressed to the head of the organization and refer to personal needs. For example, in the application, you can write that this mode of operation is caused by the need to care for young children or care for a sick relative at a certain time, etc. Please also attach supporting documents. (see sample).

If the employer considers that the establishment of flexible working hours for a particular employee will not negatively affect the work process, then the employer establishes it. Those. the introduction of flexible working hours is the right of the employer, not the obligation. Change in work schedule individual worker determined in the employment contract or an additional agreement to it. Based on this document, the employer issues an appropriate order.

There are no restrictions on the introduction of flexible working hours. The main criteria for its establishment are the expediency and consent of the parties. The flexible working time regime can be established upon hiring an employee and subsequently, for a fixed period and for an indefinite period. The flexible working time regime can be applied for 5 and 6-day working weeks, as well as for other work modes.

If a flexible working time regime is established for an employee, this does not entail changes in the conditions of remuneration for him. Also, the introduction of this regime does not affect the provision social benefits and warranties, for the duration annual leave, on the calculation of seniority, etc. If the employer nevertheless restricts any benefits or guarantees to the employee, then the employee should file a complaint with the labor inspectorate or court to assert his right.

Application example

Director of Courier LLC

Kalinina A.I.
from the manager
Ivanova A.G.

Statement

I ask you to establish a flexible working time regime for me in connection with the need to care for a disabled spouse.

In each organization, regardless of the scale and general level of income, the workflow of the team is organized in a certain time period, this period must be scheduled in the legal document of the organization, according to the definition of the length of the day includes the establishment of the beginning and end of work, as well as the total time for performing duties and rest periods.

How is flexible working hours established?

According to the employment contract, the employee is obliged to follow all the rules that are established in this agreement. GDV (flexible working hours) is a form of organizing the length of the working day, during which the employee independently forms his working day, which must first be agreed with the manager.

The main point in this mode is the execution of a full time plan for a specified period.

The floating mode of labor activity is established without a time limit or for any period that is agreed with the head.

If the schedule is established by agreement of the parties, in accordance with the rules of the Labor Code of the Russian Federation, then the employee can independently make a choice. During discussions, you can set the details of the regime and pay for a flexible schedule.

It is necessary to establish a sliding mode from the acceptance of an application from the employee in which he agrees to change the working conditions. In this application, you must specify the desired time for completing the tasks and the period that will be the limitation of the effect of this change.

After confirming the change, an internal order is issued, a sample of which can be found on the Internet.

Features of working on a flexible schedule

When working in flexible time mode, the start, end or total duration working days must be prescribed by mutual agreement of the participants in the working relationship, according to

Work in this mode does not affect the employee's remuneration, and also does not affect additional benefits and individual bonuses. Most often, this change occurs at the decision of the employee during the occurrence of individual circumstances.

When is flexible working hours established for an employee?

The need to establish a flexible operating procedure arises during certain downtimes due to the incorrect organization of the labor process. The specifics of companies may include night shifts, therefore, in some cases, there are long free periods from performing duties, but the employee still remains at the workplace, and the volume of tasks will not increase.

It is in such a situation that a flexible work schedule will be appropriate, since due to it it is possible to alternate work and rest, which can be longer than usual.

The peculiarity of such an activity is the ability to use long breaks or work not for a full period (week), but perform work rate, according to .

Who is eligible for flexible work arrangements?

The GDV should be introduced when the conditions of labor activity make it impossible to determine a working day of normal duration. The establishment of the GDV is necessary to take into account the interests of employees and employers, as well as create conditions for them that will affect the increase in the efficiency and productivity of the work process.

The legislation does not contain a list of positions that should work under the GDV, but there are regulations, which indicate the possibility of GDV.

Setting up a flexible work schedule

The main question for the employer is how to arrange an employment contract with a flexible regime? Features and conditions for this agreement are contained in the labor laws of the Russian Federation. If the employment contract is drawn up incorrectly, then the organization faces a fine and suspension of activities.

A package of documents when applying for a GDV is formed depending on the status of the employee - admission to a position or already an employee of the company.

In the first option, the terms of the GDV are included in the text of the working agreement and describe in detail the time of work. An order to hire an employee must be executed in the T-1 form and contain the conditions for starting work on the GDV.

In the second option, the employee must write a statement with a request and consent in order to install the GDV. After that, an additional agreement is formed indicating a specific time and an order is issued in a free form, it indicates the period for the start of the GDV and the agreed period of work.

Employment contract with flexible working hours - sample

The execution of this document contains a change in the conditions and nature of the performance of duties. In this section, you need to specify the GDV and add features for this chart. In all other respects, the features of drafting the contract are similar to the general regime.