Working with a flexible work schedule. Procedure for establishing flexible working hours Accounting period for flexible working hours

It is established by agreement between the employee and the employer (Part 1 of Article 102 of the Labor Code of the Russian Federation).

The procedure for applying the flexible working time regime is given in the Recommendations approved by the Resolution 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. The norms of this resolution are subject to application insofar as they do not contradict the Labor Code of the Russian Federation (Part 1 of Article 423 of the Labor Code of the Russian Federation).

for women with children - Regulations approved by Resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated June 6, 1984 No. 170/10-101. The norms of this resolution are subject to application to the extent that does not contradict the Labor Code of the Russian Federation (Part 1 of Article 423 of the Labor Code of the Russian Federation);

for communications employees - Regulations approved by order of the Ministry of Communications of Russia dated September 8, 2003 No. 112.

Why is flexible mode being introduced?

Flexible working hours are introduced to achieve certain goals, for example, for:

increasing labor discipline;

employee performance;

ensuring a combination of the employee’s interests with the interests of the organization (institution).

in continuous production;

in conditions of three-shift work in discontinuous production;

during two-shift work, if there are no free workplaces at the junctions of the shifts;

if there are other production specifics.

Documenting

The design of a flexible working time regime depends on for whom such a regime is established - for one employee or for a category of employees.

To introduce a flexible working time regime for certain categories of employees, for example, for an entire division of an organization, write down the application of such a regime in Labor regulations (Part 1 of Article 100, Part 4 of Article 189 of the Labor Code of the Russian Federation).

If a flexible working time regime is established for an individual employee (new or existing), it is not necessary to enter information about the application of the flexible working time regime into the Labor Regulations.

Since the flexible working time regime applied to an employee will differ from the generally established working regime, then:

for a new employee - include a provision for flexible working hours in the employment contract. Based on the employment contract, issue an order according to the unified form No. T-1 or in a self-developed form. In the line “Conditions, nature of work”, indicate, for example: “Flexible working hours, accounting period - one month”;

for an already working employee - compose additional agreement to his employment contract. Based on a signed additional agreement with an already working employee, issue an order establishing a flexible working time regime in any form (paragraph 2, clause 3.2 of the Recommendations, approved by Resolution 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).

Such rules are established in Article 72 and Part 1 of Article 100 of the Labor Code of the Russian Federation.

Accounting period

An employee who is assigned a flexible working time regime is required to work the established standard working hours during the accounting period. The accounting period can be, for example, a day, a week, a month. The accounting period cannot exceed one year. Determine the standard hours based on the weekly working hours for this employee. As a general rule, the normal working week is 40 hours, and for employees under 16 years of age - no more than 24 hours per week. This is stated in Part 2 of Article 91, Part 1 of Article 92, Part 2 of Article 102, Part 2 of Article 104 of the Labor Code of the Russian Federation.

Time tracking

If, according to working conditions, employees with a flexible working schedule must work a different number of hours during the day or week, establish for such employees a summarized record of working time for the month, quarter or year (Part 1 of Article 104 of the Labor Code of the Russian Federation). The procedure for maintaining summarized records is established in the Labor Regulations (Part 3 of Article 104 of the Labor Code of the Russian Federation).

Keep track of the working hours of an employee with a flexible work schedule on a time sheet.

To do this use:

unified report forms ( No. T-12, No. T-13), if this is approved by the head of the organization in the order for accounting policy ;

independently developed forms approved by the manager (provided that they contain all necessary details , provided for in Part 2 of Art. 9 of the Law of December 6, 2011 No. 402-FZ).

This procedure follows from Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ.

An example of designing a flexible working time regime using summarized recording of working time for an employee

Head of the organization A.V. Lvov and economist A.S. Kondratiev agreed to establish Kondratiev’s flexible working time regime using summarized working time recording.

The procedure for applying the flexible working time regime and its summarized accounting is provided Labor regulations of the organization .

To amend the employment contract, a additional agreement to the employment contract with Kondratiev.

Based on the signed additional agreement, the head of the organization issued order establishing a flexible working time regime .

Overtime work

Overtime count the hours that the employee worked over the established working hours during the accounting period. employee overtime hours in total for each . This is stated in paragraph 5.5 of the Recommendations approved by Resolution 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.

Pay extra for overtime hours. Any additional payments can be established in collective or employment agreements with employees. The main thing is that they are not less than the minimum compensation (one and a half times the amount for the first two hours of work and double the amount for the subsequent ones). This is stated in Article 152 of the Labor Code of the Russian Federation.

Situation: Can an employee combine flexible working hours and part-time working hours?

Yes maybe.

An employee can work in flexible working hours with a part-time working day (shift) and (or) a part-time working week. The standard working hours of an employee for the accounting period will accordingly decrease taking into account the length of his working week (clause 3.6 of the Recommendations approved by the Resolution 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).

This combination of regimes can be established, for example, for women with children (clause 3.7 of the Regulations approved 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 June 6, 1984 No. 170/10-101).

Situation: Is it possible to apply flexible working hours to an employee who works outside the workplace, for example a driver?

No you can not.

If an employee works outside the workplace, do not use flexible working hours, but keep track of working hours as during normal work hours. This is due to the fact that it is impossible to keep track of the working hours of an employee working outside the workplace. This is stated in paragraph 5.4 of the Recommendations approved by Resolution 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.

Today, most trade and manufacturing enterprises work seven days a week, and the employee’s working day is far from the standard eight hours. Striving for the most efficient use of 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 work schedules. This is the only way to avoid overwork of workers, as well as maintain the quality of products and services at the proper level.

Types of flexible work schedules

A flexible schedule in an enterprise can exist in one of three forms:

Sliding. It is a clearly established system, including a sequence of working days and days off. However, the duration of the cycle differs 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 weekend. The work procedure of an electrician at a metallurgical enterprise is an example of a flexible work schedule using a sliding system. His work week (cycle) lasts 5 days, while in the first calendar week his days off will be Thursday and Friday, and in the second - Tuesday, Wednesday and Sunday.
Shift. An employee is “assigned” to any shift lasting from five to twelve hours. During the day, the enterprise may work several shifts. For example, the first one starts at 7:00 am and ends at 15:00, the second runs from 15:00 to 23:00. There may also be a night shift, from 23:00 to 7:00. When entering a job, a person selects a shift that would suit him from the point of view of biological rhythm or life circumstances.
Free. This is a flexible schedule in which the employee is not subject to daily requirements regarding the time frame of his stay at the enterprise. This system of work organization involves developing a larger volume of work for a week or a month.

Flexible schedule and its features

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

For several decades now, many European countries have been using flexible working hours. This is a practice that can significantly save working time and use labor resources more efficiently. In the domestic labor market, such a system is considered a novelty, which is being implemented by the most progressive and modern companies.

Rules for using a flexible schedule

As much as some workers may want freedom, flexible work is a system that relies on control and discipline. Employees hired on a flexible schedule are required to be in the office or at the enterprise for a certain number of hours (excluding lunch breaks).

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

Why is a flexible schedule attractive for performers?

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

An agreement with a flexible work schedule is an excellent motivating tool for many creative people (designers, copywriters), as well as for those who combine work at an enterprise with other responsibilities (mothers with small children, students, people caring for elderly or sick people).

Advantages of a flexible working time recording 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 utilize the creative abilities of the staff.

The individual biorhythms of different employees may not coincide with the traditional distribution of working hours (8:00-17:00), resulting in the peak activity of some people remaining outside this range. What does a flexible work schedule mean for such people, if not 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. Employees present at their workplaces are actually busy with business, and not “sitting their pants” waiting for the final call.

What company problems does flexible scheduling solve?

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

Lateness, absenteeism and unauthorized departure of an employee become impossible, since time worked is recorded automatically.
The organization becomes more interesting for truly valuable specialists.
The convenience of the system for those categories of citizens who cannot work during normal hours (work for students).
Flexible scheduling helps increase employee responsibility. It is suitable for those organizations in which it is not the labor process that matters, but its result. Employees are interested in completing a task in a shorter time or even exceeding the plan in anticipation of increased earnings.

It is impossible not to mention such a psychological aspect as the feeling of freedom that a flexible schedule gives employees. Feeling trust from management and being highly motivated by this circumstance, employees show much better results.

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

Disadvantages of flexible scheduling

The introduction of a non-standard working time schedule at an enterprise requires the manager to have foresight and attentive attention to many details:

It is necessary to organize a clear, automated system for monitoring workers in order to be able to record the time of their arrival at work and the end of the working period.
In addition to time control, it is necessary to provide ways to monitor the quality of work. If an employee tends to put off his work responsibilities and accumulate unfulfilled tasks, the manager should find out about this in time. Otherwise, delays, missed deadlines, and poorly completed tasks cannot be avoided.
It is necessary to think over an algorithm for the actions of employees in cases where it is necessary to combine specialists working in different departments. Some managers prefer to schedule large meetings at a specific time with all employees required to attend. Of course, not everyone will be delighted, but this step is necessary to effectively work on the implementation of large projects.

Conclusion

Thus, the introduction of flexible working must be a carefully considered and effective measure. A timely and competent transition to using such a system can attract good specialists to the company, as well as significantly increase performance indicators.

The Labor Code of the Russian Federation has a separate clause that concerns the features and elements of flexible working hours or, as they are otherwise called, a sliding schedule. This mode of operation requires the employer to regulate the work schedule of employees. That is, the employer himself establishes the work schedule for his employees. The total time of their operation should not exceed the permissible norm, which is specified in the Labor Code of the Russian Federation. A sliding work schedule must be specified in the worker’s employment contract. And only the employer can install and approve it, but at the same time he must coordinate the order with the employee himself.

Flexible working hours - features

Features of flexible working hours include:

The schedule should be variable so that the employee decides when to start or end his duties for the current day;
It is mandatory to have a break for rest and food;
Each employee with this regime is required to work a certain number of hours per week, established by the Labor Code;
The employer must provide staggered schedule periods. These include a period of one day, one week, one month or a whole quarter;
The employee is obliged to adhere to the daily routine established by the employer;
The employer must have an additional part-time worker in reserve for its employee in case of force majeure situations.

It is these features and rules that are usually highlighted in the sliding schedule.

Flexible working time regime according to the Labor Code of the Russian Federation

Article 102 of the Labor Code of the Russian Federation notes two important points regarding this work schedule. The first paragraph states that the duration of an employee’s daily activity, as well as the beginning and end, must be discussed and agreed upon between the employer and his subordinate. The second paragraph calls on the employer to ensure that the employee does not overwork the standard working hours established in the labor code. It does not indicate that the employee is obliged to work the maximum number of hours required, but in most cases this is established in the employment contract between the employee and his boss.

Registration of flexible working hours

The director of the enterprise is obliged to discuss with his employee the introduction of a staggered schedule into his work schedule. With mutual agreement on the conditions established by each other, the director writes an order assigning a new working day to his employee. In this case, the new flexible working hours must be described in the employment contract. In parallel to this, the two parties should negotiate wages. If an employee is not satisfied with the new regime (or salary, or conditions), he has the right to write a letter of resignation of his own free will.

Who is eligible for flexible working hours?

A sliding schedule is usually set for such workers who combine their work with some other activity or study. And in large enterprises it is introduced due to the fact that, for example, there is little work during the day, a lot in the evening, and workers have daytime work. In the first case, with additional activities or studies, the employee himself asks his boss to set him a sliding schedule. If this does not in any way damage the reputation or income of the enterprise, the employer can accommodate his subordinate. That is, we can conclude that this type of work is suitable for students and for young people who work day and night (this is the advantage of a rotating schedule for workers).

Sample order establishing flexible working hours

Such an order must contain the name of the organization, city, date and number of the order, main text and signature of the director. Basically, the text of the decree itself and the reasons for the transition from one schedule to another are written.

Recommendations for using flexible working hours

Basic recommendations for the employer: ensure that the employee does not overwork the maximum number of hours (it is better to keep records); do not forget about breaks for the subordinate; pay for labor on time. Recommendations for the employee: follow the orders of the employer and comply with the rules established at the enterprise in order to justify the effectiveness of a sliding schedule; monitor your health and well-being, which may worsen due to irregular work hours.

Irregular working hours - features

Working time is the period during which an employee performs the necessary labor functions. It is regulated by the Labor Law,...

Working hours for pregnant women

Provisions that guarantee the work of pregnant women are enshrined in the Labor Code of the Russian Federation. This law provides for a number of rules…

Reduced working hours

The government has established that every employee has the right to arrange a shortened working day. The reduced duration may be...

Working hours - types and features

Working hours are the most important component of the entire work process. Its indicators are necessarily fixed in the contract...

Part-time work - features

Before starting work, the employee and the employer must draw up an employment contract. In it they...

Working time fund - types and features

Each enterprise requires calculation of the required number of workers in order to be able to effectively distribute labor resources.…

Flexible working hours . What it is? Necessity or...

Who hasn’t wondered why flexible time is established, how justified it is, what benefits it gives to the Employee and the Employer. Let's try to figure out a little what it is and what it is eaten with.

Research conducted by specialized centers, as well as a survey of employees, show a completely ambiguous attitude towards the concept in question. All this gave me the idea to somehow organize and sort everything related to flexible working hours. And now in this article we will talk about such a working time regime as a “flexible schedule”, which is used by many employers and is sometimes very convenient for each of the parties to the employment contract. What are its features? How is this regime established, and how is working time taken into account? What else is worth paying attention to? Let's start to figure it out.

Application of flexible working hours

Flexible working hours are not uncommon. The need for it arises under various circumstances: it may be the need to combine work in the office with work at home, and the nature of the work, in which lulls alternate with peak loads, or, for example, the reason for establishing such a regime may be the personal circumstances of the employee, in which The ability to independently plan the end and start time of the working day is very desirable.

Please note that with a flexible schedule, working time may be “flexible” not only for the working day, but also for the week and even the month.

What does it mean? With a flexible workday schedule, the boundaries (start and end times of work, sometimes even lunch breaks) are not fixed, but the working day must last in accordance with established standards (under normal conditions - an 8-hour working day). With a flexible working week, the boundaries of the working day may be such that the length of the working day may be less or more than normal (eight hours), but in total the employee must work at least 40 hours of working time per week. The same applies to the monthly summation of working time. At the same time, the exact start or end time of the working day cannot and should not be established, since the employee determines the start time of work himself every day, usually the arrival is recorded in a journal or recorded electronically.

It is logical to assume that irregular working hours will not combine well with flexible working hours.

The start and end times of the working day and its duration, which are the same for most employees, are planned by individual employees based on the production tasks assigned to them and a number of other factors.

Interestingly, flexible working hours were originally intended for women with children. In 1984, the Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated 06.06.1984 No. 170/10-101, dated 06.06.1984 No. 170/10-101 “On approval of the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women, was issued, which is still in force today (in the part that does not contradict the Labor Code of the Russian Federation), having children." The regulation provides for legal norms that provide women workers, when working on a sliding (flexible) schedule, with all favorable conditions for combining the functions of motherhood with professional activities and participation in public life.

A little later, Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12-55 of 05.30.1985 “On approval of Recommendations for the application of flexible working time regimes in enterprises, institutions and organizations of sectors of the national economy” was released, which already applies to all workers. And it is in this document, which, like the previous one, is still in force today within the same limits, contains a definition of the flexible working time regime. Let's give it here.

A flexible working time regime is a form of organization of working time in which individual employees or teams of enterprise divisions are allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day.

Currently, Article 102 of the Labor Code of the Russian Federation is devoted to the legal regulation of the regime we are considering. The article contains only the most general provisions and consists of only two paragraphs:

“When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month, etc.).”

Components and options for flexible working hours

Elements of the flexible working time regime and schedules are:

“variable (flexible) time” at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion;

“fixed time” is the time of mandatory presence at work for all employees working in flexible working hours in a given department of the enterprise. In terms of significance and duration, this is the main part of the working day.

Fixed time allows you to ensure the normal course of the production process and make the necessary service contacts. Along with fixed time, the presence of two variable time intervals allows you to work out the required total number of working hours in the accepted accounting period;

a "meal and rest break" that typically divides a fixed amount of time into two approximately equal parts. Its actual duration is not included in working hours;

“duration (type) of the accounting period”, which determines the calendar time (month, week, etc.) during which each employee must work the standard working hours established by law.

The specific duration of the components of flexible working time regimes and the type of accounting period are established by the enterprise. As a rule, the maximum permissible working day on individual days cannot exceed 10 hours. Breaks for meals and rest cannot be more than 2 hours and less than 30 minutes. In exceptional cases, the maximum duration of time spent at work (including a break for food and rest) is allowed within 12 hours.

Depending on the length of the accounting period, the following main options for flexible working hours are possible:

an accounting period equal to a working day - when its duration established by law is fully worked out on the same day;

an accounting period equal to a working week - when its duration, established in working hours, is fully worked out in a given working week;

an accounting period equal to a working month - when the established monthly standard of working hours is fully worked out in a given month.

In some cases, a working ten-day period, a working quarter with similar working conditions, as well as other mode options convenient for the employer and employees can also be used as an accounting period. A prerequisite for applying the flexible working time regime is to ensure accurate recording of time worked, fulfillment of the established production task by each employee and effective control over the most complete and rational use of working time by each employee during periods of both flexible and fixed time.

Establishing a flexible working time regime

As stated in, the working hours are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements. If the working time regime of a particular employee differs from the general rules established by a given employer, then in relation to him the regime is established by the employment contract. This means that if local regulations at an enterprise do not provide for the possibility of working in a flexible schedule, and an employee is hired under such conditions, then the corresponding provisions are included in his employment contract. If necessary, a flexible working time regime can be introduced after the conclusion of an employment contract. To do this, an additional agreement must be drawn up, which will spell out all the necessary points and the work schedule (for wording options for this document, see Appendices 1 and 2).

After this, an order must be issued to put the working hours regime into effect. The text of the order must indicate its basis - the same additional agreement that was discussed just above. Also, the order must indicate the position, surname, name, patronymic of the employee (or employees) for whom such a regime is established, the date of entry into force of the regime, its end date (if necessary), fixed and variable time, break time for rest and food, duration accounting period (see Appendix 3). The employee is familiarized with the order against signature in the prescribed manner.

Flexible working hours can be set for a specific period or indefinitely. In the first case, after the end of the period for which it was established, the employee automatically switches to the previous work schedule. In the second case, upon the written application of the employee on the basis of an additional agreement and the corresponding order, the flexible work schedule can be canceled. We especially note that entries about work are made in work books in accordance with the general procedure. There is no need to separately indicate that the work was carried out under flexible working hours.

Time tracking

The procedure for introducing summarized recording of working time is established by the internal labor regulations. In this case, it is required to fully work out the established total number of working hours during the accepted accounting period (working day, week, month, etc.). For example, if a day is selected as the accounting period, then with a five-day work week, working on some days from 09.00 to 18.00, and on others from 10.00 to 19.00, the employee fulfills the daily requirement of 8 hours.

And in the case when a week is taken for the accounting period, the employee can work days of varying lengths, but the main thing is that the established norm for the week - 40 hours - be worked in full, i.e., shortfalls on some days are compensated by longer work on other days.

To summarize, we note that the use of a flexible working time regime should promote the most appropriate organization of production and labor, increase its discipline and efficiency, and ensure the best combination of economic, social and personal interests of workers with the interests of production.

At the same time, a flexible schedule allows the employee not to focus on arriving at work at a certain time, and not to risk being reprimanded or reprimanded for being a few minutes late for work.

Nowadays, in conditions of eternal traffic jams and crushes in public transport, this is very important, and to some extent it can help somewhat relieve the morning flow of people rushing to work. For the employer, a flexible schedule established for employees is less convenient, since the exact time the employee arrives at work is unknown, in addition, it is necessary to introduce new mechanisms for recording working hours.

However, since the fixed part of the working day with a flexible schedule is static, the main working hours in the team will be the same for all employees, and the presence of the majority of workers in the workplace will be guaranteed.

On the other hand, a flexible schedule will allow employees and the employer to correctly distribute the workload and be active at the right time. Ultimately, when we talk about a flexible schedule, we are talking about creating comfortable working conditions, and this is becoming increasingly popular and relevant in the modern world.

ATTENTION!

A flexible schedule can be established for an employee at his request or with his consent. The solution to the issue will depend on a number of reasons. So, for example, if the internal labor regulations stipulate the possibility of working in a flexible schedule based on the employee’s request, then in fact the employer has a corresponding obligation, and he must establish a flexible work schedule for the employee based on his request. If this local act makes reference to the agreement of the parties when establishing a flexible work schedule, the employer, after receiving such an application from the employee, resolves this issue based on considerations of production necessity and expediency and in this case has the right to refuse the employee to establish such a regime. In some cases, the employer may also initiate the establishment of a flexible schedule for an employee..

APPLICATIONS:

Appendix No. 1

LLC "Personnel", hereinafter referred to as the "Employer", represented by General Director Aleksey Alekseevich Suvorov, acting on the basis of the Charter, on the one hand, and HR Director Galushko Galushko Alekseevna, hereinafter referred to as the "Employee", on the other hand, have concluded this agreement as follows.

1. The Employee and the Employer, who are parties to the employment contract No. 48 dated December 10, 2008, have mutually agreed to change the working hours.

2. For the period from 02/06/2012 to 12/31/2012 inclusive, the employee is provided with a flexible working time schedule according to the following schedule:

Day of the week	Start time	End time	Mandatory attendance time at work. place	Lunch time
Mon.	10.00	19.00	13.00—14.00, 17.00—19.00	14.00—15.00
Tue	12.00	20.30	13.00—14.00, 17.00—19.00	14.00—15.00
Wed.	12.00	20.30	13.00—14.00, 17.00—19.00	14.00—15.00
Thurs.	12.00	20.30	13.00—14.00, 17.00—19.00	14.00—15.00
Fri.	10.00	19.00	13.00—14.00, 17.00—19.00	14.00—15.00
Accounting period - one week

Employer Employee

Appendix 2

Additional agreement No. 1 to the employment contract

LLC "Alta", hereinafter referred to as the "Employer", represented by General Director Sokolov Petr Alekseevich, acting on the basis of the Charter, on the one hand, and accountant-cashier Elena Sergeevna Ulyanova, hereinafter referred to as "Employee", on the other hand, have concluded this agreement as follows.

1. The Employee and the Employer, who are parties to the employment contract No. 48 dated December 10, 2008, have mutually agreed to change the working hours.

2. For the period from 02/06/2012 to 12/31/2012, the employee is provided with a flexible working time regime with a part-time work week of 20 hours.

Working days: Tuesday, Wednesday, Thursday. Days off: Monday, Friday, Saturday, Sunday.

From 11.00 to 13.00 the employee is given a fixed time (mandatory presence at the workplace).

Break for rest and food - from 13.00 to 13.30.

2.1. Enter summarized accounting of working hours in the period from 02/06/2012 to 12/31/2012.

2.2. Set the accounting period to one month.

3. Amendments to this agreement are possible only by mutual consent of the Employee and the Employer.

4. This agreement is drawn up in two copies having equal legal force - one for each party.

Employer Employee

Appendix 3

ORDER

03.02.2012 № 008

Moscow

On establishing working hours

I ORDER:

1. Establish from 02/06/2012 to 12/31/2012 for accountant-cashier Elena Sergeevna Ulyanova a flexible working time regime with a part-time work week of 20 hours.

1.1. Three-day working week - Tuesday, Wednesday, Thursday, weekends - Monday, Friday, Saturday, Sunday.

1.2. Fixed time (mandatory presence at the workplace) - from 11.00 to 13.00.

1.3. Break for rest and food: from 13.00 to 13.30.

2. Considering that when E. S. Petrova performs her labor function, the established daily and weekly working hours cannot be observed, introduce, in accordance with the summarized accounting of working hours, starting from 02/06/2012.

2.1. Set the accounting period: one month.

Reason: additional agreement No. 1 to the employment contract dated December 10, 2008 No. 48

Director Ivanov P. A. Ivanov

I have read the order:

Accountant Petrova E. S. Petrova

Marina Shitova,
Senior Legal Advisor, Hotline
information and analytical support of CJSC "TLS-GROUP"

This article will discuss such a working time regime as a “flexible schedule”, which is used by many employers and is sometimes very convenient for each of the parties to the employment contract. What are its features? How is this regime established, and how is working time taken into account? What else is worth paying attention to?

Application of flexible working hours

Flexible working hours are by no means uncommon. The need for it arises under various circumstances: it may be the need to combine work in the office with work at home, and the nature of the work, in which lulls alternate with peak loads, or, for example, the reason for establishing such a regime may be the personal circumstances of the employee, in which The ability to independently plan the end and start time of the working day is very desirable.
We can go on and on, but the point in any case comes down to the following: when working in flexible working hours, the internal work schedule for the employee ceases to be rigid.
Please note that with a flexible schedule, working time may be “flexible” not only for the working day, but also for the week and even the month.
What does it mean? With a flexible workday schedule, the boundaries (start and end times of work, sometimes even lunch break times) are not fixed, but the working day must last in accordance with established standards (under normal conditions - an 8-hour working day). With a flexible working week, the boundaries of the working day may be such that the length of the working day may be less or more than normal (eight hours), but in total the employee must work at least 40 hours of working time per week. The same applies to the monthly summation of working time. At the same time, the exact start or end time of the working day cannot and should not be established, since the employee determines the start time of work himself every day, usually the arrival is recorded in a journal or recorded electronically.
It is logical to assume that irregular working hours will not combine well with flexible working hours.
The start and end times of the working day and its duration, which are the same for most employees, are planned by individual employees based on the production tasks assigned to them and a number of other factors.
Interestingly, flexible working hours were originally intended for women with children. In 1984, the Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated 06.06.1984 No. 170/10-101, dated 06.06.1984 No. 170/10-101 “On approval of the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women, was issued, which is still in force today (in the part that does not contradict the Labor Code of the Russian Federation), having children." The regulation provides for legal norms that provide women workers, when working on a sliding (flexible) schedule, with all favorable conditions for combining the functions of motherhood with professional activities and participation in public life.
A little later, Resolution of the USSR State Committee for Labor No. 162, All-Union Central Council of Trade Unions No. 12-55 of 05.30.1985 “On approval of Recommendations for the application of flexible working time regimes in enterprises, institutions and organizations of sectors of the national economy” was released, which already applies to all workers. And it is in this document, which, like the previous one, is still in force today within the same limits, contains a definition of the flexible working time regime. Let's give it here.
A flexible working time regime is a form of organization of working time in which individual employees or teams of enterprise divisions are allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day.
Currently, Article 102 of the Labor Code of the Russian Federation is devoted to the legal regulation of the regime we are considering. The article contains only the most general provisions and consists of only two paragraphs:
“When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month, etc.).”

Components and options for flexible working hours

Elements of the flexible working time regime and schedules are:
“variable (flexible) time” at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion;
“fixed time” - the time of mandatory presence at work for all employees working in flexible working hours in a given department of the enterprise. In terms of significance and duration, this is the main part of the working day.
Fixed time allows you to ensure the normal course of the production process and make the necessary service contacts. Along with fixed time, the presence of two variable time intervals allows you to work out the required total number of working hours in the accepted accounting period;
a "meal and rest break" that typically divides a fixed amount of time into two approximately equal parts. Its actual duration is not included in working hours;
“duration (type) of the accounting period”, which determines the calendar time (month, week, etc.) during which each employee must work the standard working hours established by law.
The specific duration of the components of flexible working time regimes and the type of accounting period are established by the enterprise. As a rule, the maximum permissible working day on individual days cannot exceed 10 hours. Breaks for meals and rest cannot be more than 2 hours and less than 30 minutes. In exceptional cases, the maximum duration of time spent at work (including a break for food and rest) is allowed within 12 hours.
Depending on the length of the accounting period, the following main options for flexible working hours are possible:
an accounting period equal to a working day - when its duration established by law is fully worked out on the same day;
an accounting period equal to a working week - when its duration, established in working hours, is fully worked out in a given working week;
an accounting period equal to a working month - when the established monthly standard of working hours is fully worked out in a given month.
In some cases, a working ten-day period, a working quarter with similar working conditions, as well as other mode options convenient for the employer and employees can also be used as an accounting period. A prerequisite for applying the flexible working time regime is to ensure accurate recording of time worked, fulfillment of the established production task by each employee and effective control over the most complete and rational use of working time by each employee during periods of both flexible and fixed time.

Establishing a flexible working time regime

As stated in Art. 100 of the Labor Code of the Russian Federation, the working hours are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law standards, collective agreements, and agreements. If the working time regime of a particular employee differs from the general rules established by a given employer, then in relation to him the regime is established by the employment contract. This means that if local regulations at an enterprise do not provide for the possibility of working in a flexible schedule, and an employee is hired under such conditions, then the corresponding provisions are included in his employment contract. If necessary, a flexible working time regime can be introduced after the conclusion of an employment contract. To do this, an additional agreement must be drawn up, which will spell out all the necessary points and the work schedule (for wording options for this document, see Appendices 1 and 2).
After this, an order must be issued to put the working hours regime into effect. The text of the order must indicate its basis - the same additional agreement that was discussed just above. Also, the order must indicate the position, surname, name, patronymic of the employee (or employees) for whom such a regime is established, the date of entry into force of the regime, its end date (if necessary), fixed and variable time, break time for rest and food, duration accounting period (see Appendix 3). The employee is familiarized with the order against signature in the prescribed manner.
Flexible working hours can be set for a specific period or indefinitely. In the first case, after the end of the period for which it was established, the employee automatically switches to the previous work schedule. In the second case, upon the written application of the employee on the basis of an additional agreement and the corresponding order, the flexible work schedule can be canceled. We especially note that entries about work are made in work books in accordance with the general procedure. There is no need to separately indicate that the work was carried out under flexible working hours.

Time tracking

This aspect in practice causes a number of difficulties, since it is quite difficult to take into account the time worked by an employee in conditions where a clear time for its start, end and duration has not been established. For example, an employee may begin to perform his job duties from 09.00 to 11.00, and finish from 17.00 to 19.00. Today he started work at 09.30 and left at 19.00, the next day he worked from 11.00 to 17.00. How, then, can you calculate the hours worked per week or month? The answer suggests itself - it is necessary to record the time worked by the employee every day. Working time is recorded by department heads, specially designated employees, etc. For this purpose, unified forms of working time sheets are provided (No. T-12 and
No. T-13) (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”).
The procedure for introducing summarized recording of working time is established by the internal labor regulations. In this case, it is required to fully work out the established total number of working hours during the accepted accounting period (working day, week, month, etc.). For example, if a day is selected as the accounting period, then with a five-day work week, working on some days from 09.00 to 18.00, and on others from 10.00 to 19.00, the employee fulfills the daily requirement of 8 hours.
And in the case when a week is taken for the accounting period, the employee can work days of varying lengths, but the main thing is that the established norm for the week - 40 hours - is worked in full, i.e., shortfalls on some days are compensated by longer work on other days.
To summarize, we note that the use of a flexible working time regime should promote the most appropriate organization of production and labor, increase its discipline and efficiency, and ensure the best combination of economic, social and personal interests of workers with the interests of production.
At the same time, a flexible schedule allows the employee not to focus on arriving at work at a certain time, and not to risk being reprimanded or reprimanded for being a few minutes late for work.
Nowadays, in conditions of eternal traffic jams and crushes in public transport, this is very important, and to some extent it can help somewhat relieve the morning flow of people rushing to work. For the employer, a flexible schedule established for employees is less convenient, since the exact time the employee arrives at work is unknown, in addition, it is necessary to introduce new mechanisms for recording working hours.
However, since the fixed part of the working day with a flexible schedule is static, the main working hours in the team will be the same for all employees, and the presence of the majority of workers in the workplace will be guaranteed.
On the other hand, a flexible schedule will allow employees and the employer to correctly distribute the workload and be active at the right time. Ultimately, when we talk about a flexible schedule, we are talking about creating comfortable working conditions, and this is becoming increasingly popular and relevant in the modern world.