The schedule of working time and rest according to Art. 57 of the Labor Code of the Russian Federation should be spelled out in the employment contract if there are any differences in the regime for a particular specialist.
For the rest of the staff, it is enough to apply the Internal Regulations, where the work and rest regulations are written.
If you need to change the working schedule, then this can be done by issuing an order, a sample of which is offered for download below.
In order to save money on wages the manager can reduce the number of working hours. If necessary, on the contrary, increase the shift of a specialist by certain period(seasonality, urgent order).
Changing the operating mode is allowed in the following cases:
- with the consent of a specialist (Article 72 of the Labor Code of the Russian Federation);
- at the suggestion of the employer (Article 74 of the Labor Code of the Russian Federation);
- at the request of the employee.
You may find these examples helpful:
The mode of operation may change for various reasons, while the registration procedure will be slightly different.
Below are the most popular reasons.
By agreement of the parties
Depending on which normative documents the regulations for work and rest are indicated, appropriate amendments are made, an order is being prepared.
Before signing the order, it is necessary to notify the employee (s) about the change labor day. The notification must be given to the employee no later than 2 months before the deliberate decision and contain the following data:
- reason for the change;
- the rights and obligations of the employee;
- the term for making a decision by a specialist;
- the consequences of accepting or refusing future changes.
If the company has employees whose working hours are specified in the employment contract, then it is required to conclude an additional agreement to it. A full, detailed record is made indicating the new work schedule.
If the regime is fixed in the Internal Regulations, when it is changed, new rules and an order for the enterprise are drawn up. Just familiarizing specialists with the order is not enough, they must record their consent. This can be done through an agreement signed by the manager and each employee.
At the initiative of the employer
In the presence of improved technology and production techniques, structural reorganization of production, changes in the conditions of the work schedule are permissible at the suggestion of the director of the company (Article 74 of the Labor Code of the Russian Federation), while the labor function of a specialist remains the same. The employer is obliged to support his actions with reasoned arguments.
According to the employee
Initially, an application is written to the name of the head of the enterprise from a specialist with a request to change the working hours, in which the desired work schedule should be indicated with the obligatory indication of the reasons (family circumstances, health status).
In case of a positive response from the management, an order and an additional agreement to the contract are issued.
How to make an order?
The order to change working hours contains the following items:
- details of the enterprise, its name;
- place, date of preparation of the document;
- the reasons for introducing the new rules;
- the abolition of the old and the introduction of a new regime with an indication of a specific time;
- listing the names and initials of employees, work time which is changing;
- the date of validity of the changes made, their duration;
- the procedure for remuneration;
- signatures of the director and familiar employees.
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 mode of operation is set once and for a sufficiently long period, 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 an order to change the working hours.
FILES
How and where is the mode of operation reflected
Documents that record the working hours of employees:
- collective or individual labor contract,
- internal rules work schedule.
Moreover, if there is a trade union organization at the enterprise, its opinion must be taken into account when setting the operating mode.
When making any changes to this parameter of working conditions, the company must draw up an appropriate order, also approved by the trade union. The absence of this document, in which case, can lead to administrative punishment by oversight bodies in the form of a rather large fine both on the enterprise itself and on its head.
Who makes 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. It could be the leader structural unit, secretary, legal adviser, etc.
The finished order is submitted for approval to the head of the company.
Without his signature, he will not acquire legal force and it can be easily challenged with the help of a court or labor inspectorate.
What to rely on when creating an order
All orders issued by companies must be supported by some justification in the form of a written document or legislative norm. In this case, as such, you can specify Article 74 of the Labor Code of the Russian Federation, the provisions of which serve as a direct basis for writing orders of this kind, but only on condition that the changes are caused by changes in technical specifications 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.
The main points of drawing up an order
Now there is no standard single sample order for all to change the working hours, so employers can write it in any form. In some cases, enterprises use internal document templates approved in accounting policy firms. But, regardless of which path is chosen, the order must include a number of mandatory information. These include:
- Document Number,
- locality,
- the date of the document,
- Name of the organization,
- the essence of the order, i.e. new working hours
- basis for writing
- persons responsible for its execution, indicating their positions and full names (here it is usually a specialist or head of the personnel department).
It would be good if the reasons for these changes were immediately indicated (optimization production process, the 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, then their presence must be indicated in a separate paragraph.
It must be said that the order may concern both individual workers enterprise, and the entire team as a whole: information about this should also be reflected in the document.
How to place an order correctly
As for the descriptive part of the document, and for its execution, the law does not impose any special requirements, so that the order can be written on a regular blank sheet of A4 or A5 format or on company letterhead, in printed or handwritten form. The only thing that must be observed without fail: the presence of a genuine 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 representatives of the personnel whom it directly concerns.
The signatures of the latter, although they should not be present on the document in without fail, indicate that their authors are familiar with the order and agree with it.
To date, there is no strict need to put a seal on an order: various kinds of clichés and stamps can be used only in cases where this norm is established in the internal local acts of the company. IN general order, related, among other things, to legal entities, seals and stamps are no longer required for use.
The order is usually written in one original copy, but if necessary, it can be made additional copies(for example, for presentation to the personnel department and accounting department).
After writing the order
After the order is issued and all employees become familiar with it, on the basis of it, additional agreements are concluded to employment contracts (due to changes in working conditions, which include working hours), and the necessary changes are made to the rules of internal labor routine.
How and how long to keep 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 prescribed in the internal local regulatory papers of the enterprise.
The time during which the employee, in accordance with the internal labor regulations and conditions employment contract must fulfill labor obligations- this is working time (part 1 of article 91 of the Labor Code of the Russian Federation).
The working time regime provides for the duration of the working week, work with an irregular working day, duration daily work(shifts), start and finish times, break times, number of shifts per day, etc. (part 1 of article 100 of the Labor Code of the Russian Federation).
And how to write an order for the working hours of employees?
Making a working time order
In the general case, the working hours in the organization are established by the internal labor regulations, the collective agreement, agreements with employees (part 1 of article 100 of the Labor Code of the Russian Federation). And employees must be familiarized with the indicated documents against signature when hiring before signing an employment contract (part 3 of article 68 of the Labor Code of the Russian Federation).
If, for specific employees, the working hours differ from general rules, information about him must be included in labor contracts with such employees (part 2 of article 57, part 1 of article 100 of the Labor Code of the Russian Federation).
It turns out that the working hours of employees are usually set locally. normative act employer or an employment contract, and not an organizational and administrative document, i.e. an order. Therefore, the employer is not obliged to draw up an additional order on the duration of working hours. At the same time, such an order can be drawn up, for example, to remind employees of the working hours established in the organization, to establish a certain working hours for new staff units being introduced, or, say, when changing the working hours for all or certain groups of workers.
The established working hours may be changed by agreement between the employer and the employee, and in the cases and in the manner provided for in Art. 74 of the Labor Code of the Russian Federation, - at the initiative of the employer.
For the order on the working hours of employees, we will give a sample of filling it out for the case when the employer introduces new staff units with a work schedule that is different from that established for other employees by such an employer.
About working hours
In accordance with articles 100, 103, 104, 73 of the Labor Code of the Russian Federation and the Internal Labor Regulations of PJSC "Organization", in order to optimize the operation of the enterprise and increase labor productivity, in agreement with the trade union committee
I ORDER:
1. Install from December 12, 2015 the following:
- for workers of the main (workshop No. 1, 2) and auxiliary production (shops No. 3, 4, 5,6), plant management, non-industrial sector (uch-to No. 7, trade union committee) a five-day working week with two days off Saturday and Sunday;
- for the power engineering shop No. 8, the general day off is Sunday, the second day off is provided according to the schedule approved by the head of the shop.
2. For employees of the main production and at the site of processing of secondary resources, establish a two-shift mode of operation:
- start of the first shift at 7.30;
- break for lunch and rest from 11.30. until 12.15;
- end time of the first shift 16.15.
- start of the second shift at 16.15;
– break time for lunch and rest from 20.15 to 20.45 .;
- the end time of the second shift is 00.45.
3. For workshops and sites that have not been transferred to a two-shift mode of operation, set the working day:
– start of work at 7.30;
– break time for lunch and rest from 11.30 to 12.15; For the tool shop, the break for lunch and rest is from 11.00 to 11.45;
- closing time 16.15.
4. For the workers of the melting section (foreman of the melting section, smelter of metal and alloys, charge filler in cupolas and furnaces), pouring section (pouring of metal, TML operator) and charge yard (crane operator of the charging yard), set a multi-shift operation mode:
- the beginning of the first shift from 7.30, lunch break from 11.30 to 12.00, time
the end of the shift at 16.00;
- start of the second shift from 16.00, lunch break from 20.00 to 20.30, time
end of the shift at 00.30;
— start of the third shift from 00.30, lunch break from 3.30 to 4.00, time
end of shift at 7:30.
5. Employees of the transport and warehouse department, employees of the plant management
establish the following work schedule:
– start time from 8.00;
– lunch break from 12.00 to 13.00;
- closing time 17.00.
6. Workers of the quality control service, drivers and tractor drivers of the transport and warehouse department, personnel inspectors of the personnel department serving the main production, set the working day in accordance with the operating mode of the main production.
7. Maintenance workers technological equipment, drivers of the duty vehicle of the transport and warehouse department, controllers technical condition motor vehicles of the transport and warehouse management, foremen of the PRR, security service workers, on-duty plumbers, repairmen compressor units, compressor unit operators, mechanics on duty for the manufacture of components and parts of plumbing systems, watchmen of the housing maintenance department, electricians on duty for the repair and maintenance of electrical equipment of the high-voltage service, electricians of station equipment linear connection ATS establish a shift mode with a summarized account of working time with days off in accordance with shift schedules developed and approved by the heads of structural divisions.
8. Managers of the secondary resources processing area, shipping area finished products transport and warehouse management in the winter to provide special breaks for heating and rest for employees working outdoors.
9. The accounting period of the summarized working time for employees of paragraph 6 of this order is determined by a calendar month.
10. The order to the head of the personnel department is to bring to the attention of all employees of the enterprise about the change essential conditions labor.
11. Entrust the control of the implementation of this order to the director for economics.
CEO
AGREED:
Chairman of the trade union committee
Director of Economics
Head of the legal department
Changing working conditions is a strictly regulated procedure Labor Code. With this in mind, an order to change the working hours should also be drawn up. The article describes the features of this document and the nuances that should 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 an order is drawn up to change working hours in an organization;
- how to make an order;
- what are the main sections to be reflected in the order.
When is such an order required?
Working hours are considered one of the main conditions that characterize labor activity worker. 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 PWTR is drawn up by the employer without agreement and the employees, upon admission to work, get acquainted with this document against signature.
The 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:
- other mode of work (five-day work week, part-time work, flexible schedule, shift work, work in night shifts);
- change in the length of the working day or week;
offset lunch time.
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 change;
- reorganization production activities enterprises, changes labor functions workers;
- for performance management decisions taken 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 the operating mode may be required, given in the Labor Code of the Russian Federation, is not sufficient, it is open and subject to extended interpretation.
At the same time, the change in working time can be both permanent and 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 the initiative of the employer (Article 74 of the Labor Code of the Russian Federation). In the latter case, the employer is obliged to justify his decision 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 PWTR and the collective agreement, and when it is one of the conditions of the employment contract. The purpose of compiling and issuing such an order is to convey to the attention of personnel information about accepted by the employer management decision.
In any case, drawing up an order to change working hours in an organization is the first step that an employer takes. If changes are made to the PTR or the collective agreement, the employer issues an appropriate order or order. Since working conditions change, agreements are then signed with employees indicating their agreement with the amendments.
The text of the agreement is drawn up in any form. It is necessary to provide a list of employees who agree with the upcoming transformations, each of them must sign and date the document signing against their last name. A copy of this document must be received by each of the employees, as well as the employer.
Note: These changes in working hours come into effect immediately after the employee signs the agreement. As long as he does not sign the agreement, he can work according to the old schedule.
When the employee's work regime is one of the conditions of the employment contract, at the first stage an order is also drawn up to change working hours in the organization. Employees get acquainted with him under the signature. Those of them who agree with the changes are signed additional agreements to employment contracts. Those employees who consider it impossible for themselves 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 event that the initiator of the change work schedule became an employee, the basis for issuing such an order is his statement in writing filed in the name of the head.
The process of registration and drawing up an order to change working hours in an organization is regulated by approved state standards. Availability of required requisites - required condition so that the document has the necessary legal force. These props include:
- full name of the organization, reference 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 drawing up the document;
- heading - 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 - matching signatures.
Main sections
When drawing up an order to change working hours in an organization, it should be noted that an administrative document of this type must contain several mandatory semantic blocks. 
- Justification of the introduced changes in working hours, while it is necessary that they be sufficiently convincing;
- Cancellation of the working time regime that was in force at the enterprise earlier;
- Establishment of a new version of the mode of operation and its detailed description indicating the beginning and end of the working day (shift), the time of the beginning and end of a break for eating and rest;
- The date of entry into force of the new regime;
- Instructions to the relevant services on the need to notify employees in advance of changes in their working conditions, other instructions stipulated by the procedure. established by article 74 of the Labor Code of the Russian Federation.
The order to change the working hours is drawn up in writing on the letterhead of the organization. The original document, endorsed by all the 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 if the terms of the employment contract have been changed at the initiative of the employer, the document is stored in a folder with private matter employee. IN writing other documents are drawn up, the basis for the issuance of which was this order: notifications and additional agreements.
