Is it possible for an employee to set an individual schedule. We establish flexible working hours. Is it possible to set an individual work schedule for an employee

Article 102 of the Labor Code defines flexible working hours. It is defined as a mutual agreement of the parties on the beginning, end and duration of the working day. The code allows maximum freedom in wording, the employer and employee can vary the working hours at will.

The working time regime includes the following elements: - the duration of the working week (five days with two days off, six days with one day off, a working week with the provision of days off on a sliding schedule, an incomplete week); - work with irregular working hours for certain categories of workers; - duration daily work(shift), including part-time work (shift); - start and end time of work; - alternation of working and non-working days; In this case, the working hours are established by the internal labor regulations.

Flexible working hours

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

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

Individual employee work schedule sample

Which leads to disruption of the workflow. With the order, the employee is individual to be familiarized with the sample. There are no restrictions on flexible working hours for an employee. Thus, the proposed electronic version programs, or writes a statement addressed to the management, the average hourly schedule is 9000 rubles. In the fall, employees usually turn to management more often with a job set for.

The principle of setting the schedule is similar to the standard schedules, which are provided by the program 1c salary and personnel, to the second employee. Write a letter of resignation. For your information, according to research data with individual working hours, worked overtime. On the basis of this additional agreement, is an appropriate order issued by the employer order to change the working hours?

8 mandatory details of the order to change the work schedule at the enterprise

This issue is addressed in part one, article 99 of the Labor Code. She says that the status of overtime work gets if the employee performs it on the initiative of the manager, and if the process itself goes beyond the working hours established earlier.

Many organizations do this, for example, when switching to winter and summer time. Or when a serious competitor appears nearby. From possible reasons – expansion, re-profiling of production... Sometimes this happens because other technologies have begun to be applied.

Individual opening hours 2019

Note! Individual working hours 2019 can be established for individual employees directly upon employment or subsequently according to a written request. The working regime is considered individual if it does not apply to the entire team of the company.

The concept of "individual work mode" is not fixed in the Labor Code. It is customary to understand such a regime as a regime of flexible, sliding or free working hours. By agreement with the employer, the employee has the right to regulate the time of the beginning, end of work, the total duration work shift or a business day. The basis is Article 102 of the Labor Code of the Russian Federation.

Individual mode of operation: pros and cons

The Labor Code does not set the standard for working hours under this regime. Therefore, part-time work (if full - eight hours) can be considered, for example, a day of 6 or 7 hours. As for a part-time work week, for it to be considered as such, it is enough to set one additional day off (for example, Friday with a "five-day").

The main disadvantage of this regime is the difficulty of recording hours worked, since the employee is given a certain freedom to decide when to start and finish work **. For example, a "floating" start time is set - from 09.00 to 11.00. On Monday, the employee came in at 9.30 am, on Tuesday at 10.50, and on Wednesday at 11.00. He, of course, has every right to do so, but how, in this case, to establish the exact number of hours worked per day (week, month)? Only by daily strict fixing of the time of arrival and departure of the employee. Are you ready to keep such records if you do not have a turnstile? If you are not ready, do not rush to say "yes" to the rolling schedule, otherwise you risk facing abuse and flaws on the part of the employee.

Article: Individual labor regime (Mitrofanova V

In this case, when such a regime is established, the employee is given 7 hours a day in the time sheet. And if the employee works more than 7 hours, this time will be interpreted as overtime work. Adjusted Federal law of June 30, 2006 N 90-FZ the concept of overtime work under Art. 99 of the Labor Code of the Russian Federation confirms that overtime work is considered to be work outside the limits of hours of work established for this particular employee (daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period).

All regimes existing in the organization are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements. And for workers with an individual labor regime - labor contract... Examples of the establishment of an individual regime in an employment contract are given below.

Individual working hours of an employee

In the fall, employees usually turn to management more often with a request to establish a preferential work schedule for them. Indeed, in September, classes begin in various educational institutions, and students who combine work with education, as well as parents of young schoolchildren, need additional free time. Let's talk about what a flexible work schedule is and under what conditions it can be set.

On the basis of this additional agreement, an appropriate order (order) of the employer is issued to change the working hours. There is no unified form of such an order (instruction), therefore it is drawn up in any text form. The employee must be familiarized with the order against signature.

102 of the Labor Code of the Russian Federation) It is convenient in cases when the employer is not important the process, but the result of the work ( creative workers) There is a need to keep a summary record of time, every day to strictly record the start and end of the employee's working day Increases the efficiency of employees, since they themselves choose a convenient working time Increases the motivation and loyalty of employees, since this regime means improved working conditions, employees regard it as a sign special trust Incomplete time (Article 93 of the Labor Code of the Russian Federation)

Length of the working week (five days with two days off, six days with one day off, working week with flexible days off, part-time working week); - work with irregular days for certain categories of workers; - the duration of daily work (shift), including part-time work (shift); - start and end time of work; - the number of shifts per day; - alternation of working and non-working days.

Is it possible to set an individual work schedule for an employee

Flexible working hours according to the Labor Code of the Russian Federation Stores, shopping centers and the pavilions, following the tastes of consumers, are open ten, twelve hours a day (or even more). To ensure the smooth operation of such organizations, staff are offered flexible hours. This is the only opportunity avoid overwork of employees, as well as maintain the quality of products and services at the proper level.

Flexible working hours: concept and features of the transition Initially, flexible working hours were provided for female employees with children. Their order was regulated by Decree No. 170 / 10-101 of the State Labor Committee of the USSR and the Secretariat of the Trade Union dated June 06, 1984, which has its effect even now, in the part that does not contradict the current legislation.

Today, most trading and manufacturing enterprises work seven days a week, and an employee's working day is far from the standard eight hours. Striving to maximize effective use resources, factories, factories and transport enterprises do not stop their activities even at night.

Shops, shopping centers and pavilions, following the lead of consumers, are open ten, twelve hours a day (or even more). To ensure the smooth operation of such organizations, staff are offered flexible working hours. This is the only way to avoid employee fatigue, as well as maintain the quality of products and service at the proper level.

Varieties of flexible work hours

Enterprise flexibility can take one of three forms:

1. Sliding. It is a well-defined system that includes a sequence of working days and days off. However, the cycle time is different from the traditional one (5 working days, 2 days off). The following cycles are often used: 2 working days, 2 days off; 3 working days, 3 days off or one working day, 3 days off. The work of an electrician in a metallurgical plant is an example of a flexible work schedule on a sliding system. His working week (cycle) lasts 5 days, while in the first calendar week his days off will be Thursday and Friday, and on the second - Tuesday, Wednesday and Sunday.
2. Shift. The employee is "attached" to any shift lasting from five to twelve hours. Several shifts can work at the enterprise during the day. For example, the first starts at 7:00 am and ends at 15:00, the second runs from 15:00 to 23:00. Maybe also night shift, from 23:00 to 7:00. When entering a job, a person selects a shift that would suit him in terms of biological rhythm or life circumstances.
3. Free. This is a flexible schedule, in which the employee does not have daily requirements regarding the time frame for staying at the enterprise. Such a work organization system involves the development of a larger volume of work for a week or a month.

Flexible schedule and its features

Finally, "owls" and "larks" will be able to build a working day, taking into account their personal sleep and wakefulness. The system of organizing an individual working day is rapidly gaining popularity. What does flexible working hours mean? This is not an option in which a person can come to workplace only when he wants to. It's just that the employer provides the employee with a certain amount of work and indicates the deadline, or offers the opportunity to work the prescribed number of hours at a time convenient for the subordinate.

For decades, many countries in Europe have been using flexible working hours. This is a practice that allows you to save a lot work time and more efficient use of labor resources. On the domestic labor market, such a system is considered a novelty, which is being introduced by the most progressive and modern companies.

Flexible scheduling rules

As much as some workers want freedom, flexible working hours are a system that is based on control and discipline. Flexible employees are required to stay in the office or business for a certain number of hours (excluding lunch breaks).

That is, a flexible work schedule is the same length of a working week (for example, 40 hours), but a working day or shift can be 8, 4, 12 hours. Social guarantees for employees hired under such a system, remain the usual: weekends, annual paid leave, sick leave and maternity payments.

Why flexible hours are attractive to performers

The peculiarity of such a system is that the employee can independently choose the beginning, duration and end of his working day. At the same time, for a certain accounting period (day, week, month), he is obliged to perform a specific amount of work or stay at the workplace for the number of hours specified in the agreement (contract).

A flexible work contract is a great motivator for many creative people (designers, copywriters), as well as for those who combine work in the enterprise with other responsibilities (mothers with young children, students, caregivers for the elderly or sick people).

Advantages of a flexible working time tracking scheme

Such a schedule is appropriate only if the production process does not require the simultaneous presence of all team members at the workplace. An example is the organization of advertising agencies, web studios and other companies that are involved Creative skills staff.

Individual biorhythms of different employees may not coincide with the traditional distribution of working hours (8: 00-17: 00), as a result of which the peak activity of some people remains outside this range. What does flexible work hours mean for such people, no matter how much the opportunity to use their physical and mental abilities more productively?

The company also benefits from the relative freedom of its employees: the number of hours of ineffective use of labor potential is significantly reduced. The employees present at their workplaces are really busy, and not "sitting out their pants" waiting for the final call.

What problems of the company does the flexible schedule solve?

The use of a flexible schedule helps to eliminate many of the shortcomings inherent in the traditional form of personnel management, as well as to increase the company's rating in the eyes of specialists. Reasons why managers are introducing a flexible work schedule according to the Labor Code of the Russian Federation:

• Late arrivals, truancy and unauthorized departure the employee becomes impossible, since the time worked is recorded automatically.
• The organization becomes more interesting for really valuable people.
• Convenience of the system for those categories of citizens who cannot work during normal hours (work for students).
• A flexible schedule helps to increase the level of employee responsibility. It is suitable for those organizations in which it is not the process of work that matters, but its result. Employees are interested in completing the task in a shorter period of time, or even exceeding the plan, counting on increased earnings.

• It is impossible not to mention this psychological aspect as a sense of freedom that gives employees a flexible schedule. Feeling trust from management and being well motivated by this circumstance, employees perform much better results.

However, not all categories of employees can work with flexible hours. Without work experience, the necessary qualifications, a high level of responsibility and self-discipline, it is almost impossible to take an attractive position and enjoy the privileges of free attendance.

Disadvantages of flexible scheduling

The introduction of a non-standard working time schedule at the enterprise requires the manager to be prudent and attentive to many details:

1. It is necessary to organize a clear, automated system control of employees in order to be able to record the time of their arrival at work and the end of the working period.
2. In addition to controlling time, you need to provide ways to monitor the quality of work. If the employee is inclined to postpone the fulfillment of his job responsibilities and accumulate unfulfilled tasks, the manager must find out about it in time. Otherwise, delays, missed deadlines, poorly performed tasks cannot be avoided.
3. It is necessary to think over the algorithm of actions of employees in those cases when it is necessary to dock specialists working in different departments. Some executives prefer to schedule large meetings with the required attendance of all employees at specific times. Of course, not everyone will be delighted, but this step is necessary for effective work on the implementation of large projects.

Conclusion

Thus, the implementation of flexible scheduling should be a carefully thought out and justified measure in terms of effectiveness. A timely and competent transition to using such a system can attract good specialists to the company, as well as significantly increase performance indicators.

As a rule, in this case, the employee distributes the load unevenly, depending on his main load. Often, the employee works outside of the daytime (evening, night); - if an employee (most often a young mother) has family circumstances in such a way that he can work only for a limited time or clearly set, for example, from 18.00 to 21.00; - if the working conditions of the employer are such that the presence of the employee at work is possible at a clearly set time (often limited), for example, during the absence of all other employees. For example, cleaning ladies who have to clean before the start of the working day. At the same time, it often does not matter for the employer at all how much time the work takes, what is important is its result and completion before a certain hour. According to Art.

Flexible working hours

It is customary to understand such a regime as a regime of flexible, sliding or free working hours. By agreement with the employer, the employee has the right to regulate the time of the beginning, end of work, the total duration of the work shift or working day. The basis is Article 102 of the Labor Code of the Russian Federation. Based on Articles 102, 104 of the Labor Code of the Russian Federation, when establishing flexible working hours, a summarized accounting of hours worked in a certain accounting period is made.

Is it possible to set an individual work schedule for an employee?

All regimes existing in the organization are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, and agreements. And for workers with an individual labor regime - an employment contract. Examples of establishing an individual regime in an employment contract are given below.
Example 1. If the number of hours of work is important to the employer, but the specific hours of work are not important, the employment contract may contain the following entry: “The employee has a 40-hour work week with a five-day work schedule (Monday - Friday working days, Saturday - Sunday - days off) with flexible working hours.

Individual working hours 2017

Attention

GDV (flexible working hours) is a form of organizing the duration of the working day, during which the employee independently forms his working day, it must first be agreed with the manager. The main point in this mode is the implementation of the full time plan for a set period. Floating mode labor activity is established without a time limit or for any period that is agreed with the head.

Individual mode of operation: pros and cons

The working regime is considered individual if it does not apply to the entire team of the company. Advantages and disadvantages of the individual work mode 2017 Advantages Disadvantages Sliding, free, flexible work mode (Article 102 of the Labor Code of the Russian Federation) Convenient if the employer is not important about the work process, but the result, for example, for creative workers. systematic summarized accounting of the total amount of time worked Employees independently choose the start and end time of work, as a result of which labor efficiency increases. ...

The concept of flexible work hours in an employment contract

Article 5.27. Violation of labor legislation and other normative legal acts containing labor law norms Clause 1 Violation of labor legislation and other normative 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:

1. entails warning or imposition administrative fine for officials in the amount of one thousand to five thousand rubles;
2. on persons carrying out entrepreneurial activity without forming a legal entity, from one thousand to five thousand rubles;
3. on the legal entities from thirty thousand to fifty thousand rubles.

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

How to arrange a flexible work schedule in an employment contract?

Of the Labor Code of the Russian Federation if the working hours and rest hours of the employee differ from general rules, then he must be spelled out in his employment contract. Working hours in the Labor Code are understood as: - the duration of the working week (five days with two days off, six days with one day off, a working week with the provision of days off on a sliding schedule, an incomplete working week); - work with irregular working hours for certain categories of workers; - the duration of daily work (shift), including part-time work (shift); - start and end time of work; - time of breaks in work; - the number of shifts per day; - alternation of working and non-working days.

How to reflect flexible working hours in an employment contract, sample document

Note! If, when concluding an employment contract, the condition for the establishment of an individual working mode in 2017 was not agreed or the employee wrote a statement about this type of work after a certain amount of time, the employer must draw up an additional agreement to the employment contract. Supplementary agreement to the employment contract. Application of flexible working hours Download blank formDownload in.doc Download completed sampleDownload in.doc Employee's application for establishing part-time work mode Download blank formDownload in.doc Download completed sampleDownload in.doc Based on the application received from the employee for establishing an individual working mode 2017 employer draws up an additional agreement and issues an order.

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The constituent elements of the free work schedule should be indicated in detail. The relevant section of the contract is drawn up as follows: "The employee is set to a flexible work schedule with a 5-day working week of 35 hours." It is necessary to clearly indicate the time of mandatory stay at the workplace (fixed part), hours of attendance determined by agreement of the parties (flexible part), the time interval of the lunch break, used to pay the accounting period.

The rest of the sections of the employment contract with a flexible schedule do not differ from those with a normal work schedule. The place of work, the rights and obligations of the parties, the guarantees for the employee, the term for the provision of annual paid leave must be indicated. The picture shows a sample flexible work contract: Download the flexible work contract template.

When is flexible working hours established for an employee? The need to establish flexible operating procedures arises during certain downtime due to improper organization 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 in the workplace, and the volume of tasks will not increase. It is in such a situation that a flexible work order will be appropriate, since it allows you to alternate work and rest, which can be longer than usual.

The peculiarity of such activities is the ability to use long breaks or work not for the full period (week), but fulfill the work norm, in accordance with Article 91 of the Labor Code of the Russian Federation.

Work on an individual schedule how to arrange

In this application, you must indicate the desired time for completing the tasks and the period, which will be a 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 work on a flexible schedule When working in a flexible time mode, the beginning, end or total duration of working days must be prescribed by mutual agreement of the participants in the working relationship, in accordance with Article 102 Labor Code RF. Work in this mode does not affect the employee's wages, and also does not affect additional benefits and individual bonuses. Most often, this change occurs at the discretion of the employee in the course of individual circumstances.
Kolesov worked 447 hours, including:

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

Kolesov belongs to the category of employees in respect of whom a forty-hour working week is established (part 2 of article 91 of the Labor Code of the Russian Federation). Therefore, according to production calendar his working time standard for the I quarter of 2011 is 447 hours, including:

• in January 15 working days (120 hours);
• in February 19 working days (151 hours);
• 22 working days (176 hours) in March.

Thus, in the accounting period, the established norm of working time was not exceeded.

A timely and competent transition to using such a system can attract good specialists to the company, as well as significantly increase performance indicators. Also read Guy Pearce wanted to commit suicide after the divorce Katie Price told how old she feels Natasha Koroleva regrets very much that she destroyed Nikolaev's marriage 17 breathtaking shots not touched by Photoshop Why do you wake up every night at the same time? 25 famous women who do not have children 16 intimate things that every couple should do at least once What part of your body do you wash in the shower first? It says a lot! The most generous grandmother.

Individual schedule work in Moscow: 9 791 vacancies

For some categories of employees, the duration of daily (inter-shift) rest is established by regulatory enactments. So, for example, for drivers, the duration of daily (inter-shift) rest together with the break time for rest and meals must be at least twice the duration of the work time on the working day (shift) preceding the rest.

Provisions approved BY ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION No. 15 dated 20.08.2004 On approval of the Regulations on the specifics of the working hours and rest hours of car drivers). When working according to the schedule you specified, this rule is observed only for daily rest from Tuesday to Wednesday.

Individual mode of operation: pros and cons

Working hours - from 9.00 to 17.00 with a break for rest and meals lasting 1 hour from 13.00 to 14.00, which is not included in working hours and is not paid. The official salary of 25,000 rubles is set for the employee.
per calendar month based on the norm of 35 hours per week. Labor remuneration is made in proportion to the time worked. " Fragment of the document. Article 93 of the Labor Code of the Russian Federation In this case, when such a regime is established, the employee is given 7 hours a day in the time sheet.
And if the employee works more than 7 hours, this time will be interpreted as overtime work. As amended by the Federal Law of June 30, 2006 No.
N 90-FZ the concept of overtime work under Art.

Flexible working hours

Of the Labor Code of the Russian Federation), for employees under the age of 16 - no more than 24 hours a week (paragraph 2 of part 1 of article 92 of the Labor Code of the Russian Federation). However, for part-time employees, the normal working week is reduced.
The specific method of maintaining the summarized accounting 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 oil and gas industry with cumulative accounting (incl.

Jobs and jobs: "free schedule" in Moscow

In addition, the regulation of flexible work in the above documents should not contradict the provisions of the Labor Code of the Russian Federation (on the maximum working time, on overtime, etc.). We also remind you that a flexible working time regime can be established: - both at the conclusion of an employment contract and later; - both for a certain period and indefinitely, - since the legislation does not provide for restrictions on the establishment of such a regime.

Attention

However, when working in a shift mode, we still do not recommend introducing a flexible schedule: this can disrupt the workflow. Two questions arise: will the working hours change with the establishment of flexible working hours, and how will this affect wages? Based on the content of Art.

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 rate of hours for the accounting period is observed. As a rule, in this mode of operation, the year is set as the reference period. The availability of processing can be adjusted by providing additional days off according to the schedule. 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 (inter-shift) rest. According to the established practice, the mode of work in the organization is established, as a rule, in such a way that the minimum duration of daily (inter-shift) rest, together with the time of the lunch break, is not less than twice the duration of the work time on the day (shift) preceding the rest.

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At the same time, employees must be aware of the possibility of using such a schedule without fail. If, when applying for a job, the working hours of the applicant differs from the general rules in force with the employer, then this condition is fixed in the employment contract, and is also reflected in the order of employment.

The line "Conditions, nature of work" indicates: "Flexible working hours, accounting period". If the need to establish a flexible working time regime arises after the conclusion of an employment contract, then an additional agreement is concluded to it.

On page 42, we provide a sample of how to fill out a supplementary agreement to an employment contract. Federal state unitary enterprise"Pennant" 03/29/2013

A flexible work schedule is ... a flexible work schedule for shopping malls of the Russian Federation

Federal State Unitary Enterprise "Vympel" 03/29/2013 N 33 Puchezh On the establishment of working hours I order: 1. To establish from 01.04.2013 to 30.09.2013 laboratory assistant Lyutina AA: 1.1. Flexible working hours with part-time working week, duration 24 hours. 1.2. Four-day work week - Monday, Tuesday, Wednesday, Thursday; days off - Friday, Saturday, Sunday. 1.3. Fixed time (mandatory presence at the workplace) - from 10.30 to 12.00 and from 14.00 to 15.30. 1.4. Break for rest and meals - from 13.00 to 13.45. 2. Considering that in the implementation of A.A. Lyutina. labor function the established daily and weekly working hours cannot be observed, introduce in accordance with Art. 104 of the Labor Code of the Russian Federation, summarized accounting of working hours, starting from 01.04.2013. 2.1. Set the accounting period - one month.

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In this situation, the employee is assigned a working week with days off on a sliding schedule. According to Part 1 of Art. 104 of the Labor Code of the Russian Federation, when, according to the working conditions, the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period do not exceed the normal number of working hours. Accordingly, with such a working time regime, it is necessary to introduce a summarized accounting of working hours with an accounting period not exceeding a year, and for workers engaged in work with harmful and (or) hazardous working conditions - three months.

Work on an individual schedule

If the employee already had a certain regime, but there was 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). After that, changes can be made at any agreed time. When establishing an individual mode of work, it is important to prescribe in the employment contract the conditions for remuneration of this employee and keep tabulating in accordance with the mode established individually in the employment contract. If, for example, an employee negotiates with the employer the mode of work on a part-time basis (part-time), then the length of the working week (working day) is prescribed in the employment contract, for example: 7 o'clock.
It should be borne in mind that the transfer to a flexible working time regime should be preceded by thorough preparatory work to justify the possibility and expediency of its application in a particular unit or at the workplace, organizing the recording of working hours, making 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 for individual employees or collectives of enterprise units it is allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day. In this case, full working off of the statutory total number of working hours during the accepted accounting period (working day, week, month, etc.) is required.
As a rule, working time is kept by the heads of departments and (or) personnel service institutions. In this case, a variety of methods and means of accounting are used.

Someone makes entries in special cards or journals, and someone uses individual time counters or stram-clocks. By general rule when establishing a flexible schedule, working hours are recorded in the timesheet according to the unified form T-13, which is filled in according to the following rules: in the upper lines of column 4, an alphabetic ("I") or numeric ("01") code is put in the upper lines of column 4, 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 out 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).

All employees of the organization are subject to internal labor regulations. But there are cases when it is more convenient to set an individual operating mode. For example, if an employee for personal reasons cannot be at work all day or all week. Or when it is important for the employer to be present at the workplace only at certain hours. Is such a working regime for employees beneficial for the company? What difficulties can you face in establishing an individual work schedule and drawing up an appropriate work schedule?

What is the individual regime

The Labor Code does not establish the concept of “individual working hours”. It most often refers to a flexible working time regime (it is called flexible, sliding or free). Such a regime means that an employee can regulate the start-end time of work or the total duration of the working day (shift) by agreement with the employer (Article 102 of the Labor Code of the Russian Federation).

With a flexible regime of flexible working hours, as a rule, a summarized accounting of working hours is established in order to ensure the working out of their required number in the accounting period (Articles 102, 104 of the Labor Code of the Russian Federation).

The part-time regime, which is established for individual employees when hiring or subsequently at their request (Article 93 of the Labor Code of the Russian Federation), can also be considered an individual regime, unless, of course, for some reason, it does not apply to the entire team of the organization *. Individual regimes include work at home (Chapter 49 of the Labor Code of the Russian Federation), established for one or several employees for their personal reasons or if such a regime is convenient for the employer. The advantages and disadvantages of each of these modes are summarized in the table on page 36.

Advantages and disadvantages of individual operating modes

In addition, a combination of different working modes for one employee, for example, flexible working hours and part-time working modes, is also recognized as an individual regime.

You can see the options for individual modes in specific situations in the table on page 37.

Options for individual modes in different situations

An individual regime means a change in working conditions, therefore it is established by agreement between the employee and the employer (Article 72 of the Labor Code of the Russian Federation). The diagram on page 38 will help you determine what documents you need to complete and what actions to take.

Flexible mode: what's the catch?

The main disadvantage of this regime is the difficulty of recording hours worked, since the employee is given a certain freedom to decide when to start and finish work **. For example, a "floating" start time is set - from 09.00 to 11.00. On Monday, the employee came in at 9.30 am, on Tuesday at 10.50, and on Wednesday at 11.00. He, of course, has every right to do so, but how, in this case, to establish the exact number of hours worked per day (week, month)? Only by daily strict fixing of the time of arrival and departure of the employee. Are you ready to keep such records if you do not have a turnstile? If you are not ready, do not rush to say "yes" to the rolling schedule, otherwise you risk facing abuse and flaws on the part of the employee.

Flexible mode is only suitable for employees who know how to independently organize their work

Sometimes, however, a flexible schedule can be more convenient than a standard working day. We are talking about employees who need to often leave the workplace, and do not need to spend all day at it. These are real estate and insurance agents, sales and customer service managers, couriers. The salary of agents (or part of it) is often piece-rate, that is, it depends on the number of contracts concluded. Therefore, accurate accounting of their working time is not as important as that of employees in whose work “the process itself” is valued - for example, accountants, office managers, sales consultants.

Mode or schedule?

It is necessary to clearly distinguish between the concepts of "work mode" and "work schedule". They are not identical. If the first is working conditions (a broader concept), then the second is a timetable for going to work (a narrower concept, an element of an operating mode). Article 100 of the Labor Code specifically refers to work regimes such as part-time work, shift work, flexible working hours. In the case of a shift mode of operation, shift work, and in the case of a flexible working time - a flexible schedule (for example, "Individual work schedule of SA Sviridov").

Who benefits from part-time work?

Part-time work is usually requested by employees who, for some reason, cannot be present at work all day (all week). Remember that the law defines cases when this regime is mandatory, even if it does not suit the employer: at the request of a pregnant woman, one of the parents of a child under 14 years old, an employee who must take care of sick family members, etc. (Art. 93 of the Labor Code of the Russian Federation).

As a rule, part-time work, established individually and for personal reasons, is beneficial only to the employee. However, if there is no objection from the employee, it is possible to draw up a work schedule so that the time loss will be small.

Part-time work does not reduce the duration of the employee's annual leave, does not entail restrictions on his length of service and other rights (Article 93 of the Labor Code of the Russian Federation).

The Labor Code does not set the standard for working hours under this regime. Therefore, part-time work (if full - eight hours) can be considered, for example, a day of 6 or 7 hours. As for a part-time work week, for it to be considered as such, it is enough to set one additional day off (for example, Friday with a "five-day").

Do not forget that if you individually set additional days off for an employee and fixed this mode in his employment contract, work on such days is considered weekend work. It is paid in double the amount (Article 153 of the Labor Code of the Russian Federation).

What are the dangers of working from home?

Young mothers with small children often work at home ***, as well as employees in whose work it is not the process that is important, but the result: translators, IT specialists, creative workers (journalists, artists, designers, etc.). Home work (also called remote work, freelancing) can be a good option. labor relations with nonresident employees who are unable to relocate. The disadvantage of working from home is that the employee cannot be controlled. Accordingly, it is difficult to identify and eliminate deficiencies in the process. Therefore, give the homeworker tasks in advance, taking into account the time for revision.

There is one more aspect: homeworkers "fall out" of labor collective, lose their official connections, qualifications, ability to quickly resolve work issues. Such an employee will need an onboarding period if he wants to return to the normal work in the organization.

If you decide to arrange for an employee to work from home, remember a few important rules... Firstly, it is imperative to prescribe in the employment contract that the work is home-based. Secondly, to determine the order of interaction between the homeworker and the employer, the deadlines for completing tasks and others. the necessary conditions(Article 310 of the Labor Code of the Russian Federation). Thirdly, it is allowed to fire a homeworker on the grounds provided for by an employment contract (Article 312 of the Labor Code of the Russian Federation). That is, in addition to the general grounds for dismissal listed in article 77 of the Labor Code, it is possible to enter into an agreement with a homeworker and additional conditions... For example, for systematic violation of the established deadlines for completing tasks. Or due to the long absence of demand for manufactured products, if a homeworker was accepted to manufacture any goods.