What if the work schedule needs to be changed? How do I apply for a change in working hours? The procedure for concluding an employment contract

Sometimes the administration at enterprises needs to make changes to the work schedule. This may apply to all employees, or only a certain group of them. Therefore, a separate order is required.

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

In some cases reforms are carried out individually. The work schedule changes for individual employees, due to the appearance of diseases. Or because of being employed by another leader, undergoing training.

Elaboration of the idea of ​​discovery own business involves the creation of a business plan. you can find the link.

Basic concepts and sample order

Working hours of employees should be regulated only by special orders.

Samo working time initially established when a candidate is only accepted for a particular position.

He must be told at what time he can rest, and at what time he must be at his place. This is a required item employment contract, requiring the signature of the other party.

The mode of work is described in one of these documents:

1. Internal rules.
2. Contract, collective nature, or ordinary labor.

Under each of these documents, future employees put their signature. This means that they agree with the working conditions, and everything suits them. It is impossible to unilaterally change something, and then only after the fact report the changes made.

You can download a sample order to change the operating mode.

Orders to change the working mode must list all employees for whom the new rule is introduced.

The paper strictly writes about when the work begins and when it ends.

Order to change the employee's schedule: content requirements

The order is issued on the company's letterhead. It must include the following details:

1. Visas.
2. Leaders' signature.
3. The main body of the text.
4. Title for the text.
5. The number assigned to the document.
6. Place of publication, information by date.
7. Document's name.
8. The name of the enterprise itself.

Sometimes it is necessary to sign various papers for another person. you will find the link.

It is important to highlight not only the issues of the new working conditions themselves. But also, for example, information on wages in connection with the changed schedule.

Documentation Features

The main requirement is that all employees be notified in advance that they have changed their working hours.. This is usually communicated no later than two months before the changes are made. This applies even to situations where the changes themselves are temporary.

If you decide to quit your job, you must write a letter of resignation. Sample letter of resignation own will you can see .

The notice should also contain information about why the company now needs to switch to this work schedule.

It is necessary to give information about what rights and obligations each of the employees has in such a situation. And about the period for which the employee must give an answer, agree to such a regime, or refuse it.

The employer may offer other jobs to those who, for whatever reason, are not satisfied with the changes. Otherwise, the employment contract is terminated on a general basis.

How is work paid in case of a change in work schedule?

This is especially true for those who temporarily set the full working hours. That is, if the duration of each working day is increased separately.

If the hours are extra, but not overtime

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

If there is a transition from part-time to full-time work, and the basis is supplementary agreement additional hours are not considered overtime.

For example, if the company has a standard 40-hour work week. Then the work is not considered overtime if the additional hours fit into this standard.

Changes in the operating mode in the report card: how to reflect correctly?

HC or 25 - respectively, the alphabetic and numeric designation of the part-time mode. This is necessary to fill out forms No. T-12, or documents developed independently by the company's management.

If the document is incorrectly filled out, then it is subject to mandatory destruction. You will find the rules for this procedure and an example of an act on the destruction of documents.

If the mode of work is not full, then payment is made in proportion to the time that was worked out.

How can you set a shift schedule?

Relevant changes are first made to the internal regulations. Changes are not required only in situations where the order of organization shift work was installed earlier.

In this case, you need to do the following:

1. Start by issuing an order that such a schedule has been set.
2. Notify each employee at least 60 days in advance that the working hours will be changed. Notifications must be made in writing only.
3. Next, the shift schedule is approved. This shall be done no later than one month before the expiration of the two-month notice period.
4. An additional agreement with each of the employees is concluded if there are no objections to this matter. The actual time worked is recorded on the time sheet.
5. If someone does not agree, he is offered another place.

Sometimes, due to organizational or production issues, it becomes necessary to change the working conditions of the company's employees. And if you need to change the conditions that relate to a particular person, the procedure is clear: an agreement is concluded and the employee works in new conditions, or the procedure established by Art. 74 of the Labor Code of the Russian Federation. But what if you need, for example, to change the working hours of the entire organization (switch from a shift schedule to a five-day week or vice versa, etc.)? Today we will tell you how to make such a change in the operating mode, and pay attention to the nuances that arise in the process.

Instead of a preface

To begin with, we recall that working time is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods that relate to working time ( Art. 91 Labor Code of the Russian Federation). By virtue of Art. 100 Labor Code of the Russian Federation working hours should include:

• duration working week(five-day with two days off, six-day with one day off, with the provision of days off on a rolling schedule, incomplete);
• work with irregular working hours certain categories workers;
• duration of daily work (shift), including part-time work (shift);
• start and end time of work, breaks in work, number of shifts per day;
• alternation of workers and non-working days which are established by the internal labor regulations (hereinafter referred to as the PWTR) in accordance with labor legislation, a collective agreement, agreements, and for persons whose working hours differ from general rules installed at this employer, - labor contract.

According to Art. 57 of the Labor Code of the Russian Federation the working hours must be specified in the employment contract, if it differs from the general rules established by the employer.

From these norms, we can conclude that the working hours are established by the internal labor regulations or the employment contract.

Note

PVTR is local normative act regulating the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations with this employer Art. 189 Labor Code of the Russian Federation), which is adopted taking into account the opinion of the representative body of employees ( Art. 190 of the Labor Code of the Russian Federation).

As practice shows, the working hours can be set in the following ways:

1. It is spelled out directly in the employment contract, as it differs from the general rules defined in the PWTR.
2. It is spelled out in the employment contract, but does not differ from what is established in the PVTR.
3. The working hours of an employee are no different from those established in the PWTR and are not specified in the employment contract.

It is not by chance that we named these methods: the procedure for changing the working hours depends on how the condition for it is fixed.

Changes by agreement of the parties, if the mode of operation is established by the employment contract

Working hours can be changed in two ways: either by agreement with the employee ( Art. 72Labor Code of the Russian Federation), or by the employer unilaterally if there are appropriate grounds ( Art. 74Labor Code of the Russian Federation). Let's consider them in more detail.

By virtue of Art. 72 Labor Code of the Russian Federation changing the terms of the employment contract determined by the parties is allowed only by agreement of the parties, concluded in writing. This method is applicable when the condition on working hours is included in the employment contract. And it doesn’t matter if the employee’s working hours differ from what is set by the PVTR or not.

If the employees agree to change the terms of the employment contract, it is necessary to conclude an additional agreement with each of them, in which they indicate the new mode of operation. Here is an extract from the agreement.

Change if operating mode is defined by PWTR

It happens that you need to change the mode of operation not for specific employees, but for the entire organization. How to be in that case? Is it enough to take PVT in new edition(or make a separate document "Changes and additions to the PWTR")? The question is good.

Many employers really simply approve the new version of the PWTR and introduce them to employees. But this option can only be suitable for a company that employs a “one and a half digger”: it will not be difficult for an employer to find out whether employees agree or not to change the working hours. But even then, during control and supervisory activities, inspectors may have complaints - after all, familiarization with the PWTR does not mean consent to work in the new conditions.

Of course, one can say that Art. 74 Labor Code of the Russian Federation is used to change the terms of an employment contract, and not the PWTR. But we believe that when changing the regime of working hours in the PWTR, it is necessary to be guided by it, since, by virtue of the general meaning labor law, including Art. 3Labor Code of the Russian Federation, a different approach to changing the working hours established in the employment contract and in the PWTR is unacceptable, in particular, if they are taken solely by the employer due to the absence of a representative body of employees.

note

If the PWTR is an annex to the collective agreement, then changes are made to them according to the rules Art. 44 Labor Code of the Russian Federation: in the manner prescribed by the Labor Code for the conclusion of a collective agreement, or in the manner established by the collective agreement.

Recall that according to Art. 74 Labor Code of the Russian Federation when, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, etc.), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changing the labor employee functions. That is, one desire to change the work schedule is not enough - there must be objective reasons. The same is said in clause 21 of Resolution No. 2 - the employer will be obliged to prove the necessity and legitimacy of a unilateral change in the terms of the employment contract due to organizational or technological changes in working conditions. For example, a company purchased new equipment and needed to move from a five-day work week to shift work work.

So, A.E. applied to the court with a claim for reinstatement in her previous position after being dismissed for p. 7 h. 1 art. 77 Labor Code of the Russian Federation. She motivated her demands by the fact that she worked as a groom, and the employer had no objective reasons to change the work schedule from night shifts to day shifts. When considering the case, the court found that the Youth Sports School in equestrian sports changed the working hours for grooms in order to optimize the organization of work in connection with organizational and staff events. In particular, it was necessary to change night shifts to day shifts due to the need to care for horses during the training process and the impossibility of cleaning and cleaning the stalls at night. Since the employer had reasons to change the essential working conditions, and the employee refused the offered vacancies, the dismissal is legal ( The appeal ruling of the Moscow City Court dated December 18, 2013 in case No. 11‑41997 ).

Change procedure

Consider the procedure for changing the mode of operation, since its observance is always checked by the courts when considering a labor dispute.

1.We issue an order to change the working hours and make appropriate changes to the PWTR. Such an order must indicate the reasons for the changes.

Order No. 19

About changing working hours

In connection with the re-equipment of the production line for the production of felt boots and the need to ensure the continuity of the production process, on the basis of Art. 74 of the Labor Code of the Russian Federation

I ORDER:

1. Cancel the current working hours for employees of the felting shop.

2. Set a new mode of operation in two shifts:

1st shift - from 7.00 to 15.00 with a break for eating and rest from 11.00 to 11.45;

2nd shift - from 15.00 to 23.00 with a break for eating and rest from 19.00 to 19.45.

3. Approve the internal labor regulations of Snezhinka LLC in a new edition, reflecting the changes specified in paragraph 2 of this order, and put them into effect from 01/01/2015.

4. The head of the personnel department should ensure that the employees of the felting shop are familiarized with this order no later than 10/17/2014, within the same period, give the specified employees written notices of changes in the terms of the employment contract and internal labor regulations.

Director Galoshin P. P. Galoshin

2. We hand over notifications to employees about changes in working hours. Such a notice should be handed personally against signature to each employee for whom it is planned to change the working hours. The notice must specify the reasons that led to the need to change the working hours, as well as indicate the consequences of disagreement with the continuation of work in the new conditions. Note that if an employee refuses to receive a notification, you need to record this in the act by reading the notification aloud to the employee. Additionally, you can send this notice to his address recorded in the employment contract.

An important point is that notification of a change in the operating mode is required at least two months before the expected date of the introduction of a new operating mode. If this deadline is not met, the court will reinstate the employee in his previous position. Thus, Ch. applied to the court with a claim for reinstatement and recovery of wages for forced absenteeism. And here was the thing. In connection with the production need and a decrease in the scope of work of the LLC in which Ch. worked, the work schedule from 03/03/2014 was changed to a two-shift order dated 01/29/2014. However, the plaintiff was only acquainted with this order on February 28, 2014, which is indicated by a corresponding entry on the order - Ch. indicated that he did not agree to work in the new conditions. On 03/07/2014, Ch. was offered the vacancies available in the LLC, but he refused them and on 03/14/2014 was fired for p. 7 h. 1 art. 77 Labor Code of the Russian Federation. The court, considering the case, came to the conclusion that the LLC violated the procedure provided for Art. 74 Labor Code of the Russian Federation, namely, did not notify the employee at least two months before the change in the working hours, therefore, satisfied the requirements of Ch. ( Appeal ruling of the Supreme Court of the Republic of Tatarstan dated August 25, 2014 in case No. 33‑11668/2014 ).

3. We offer vacancies. If the employee does not agree to work under the new conditions, the employer is obliged to offer in writing another job available to him (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his condition health ( Part 3 Art. 74 Labor Code of the Russian Federation). It is necessary to offer all the vacancies that meet the specified requirements that the employer has in the area. He is obliged to offer vacancies in other localities, if this is provided for by the collective agreement, agreements or labor contract.

Note

Offering vacancies or other work is best done in writing. This can be done both in a notice of a change in working hours, and in a separate document.

Note that you should not offer only vacancies that, in the opinion of the employer, will suit an employee who refuses to work in the new regime: the employer does not have the right to selectively offer vacancies based on his own assumptions about which vacancies are suitable. This opinion is held by the courts and, in case of violation, reinstate employees. For example, the St. Petersburg City Court reinstated the plaintiff at work only because the OJSC offered only one vacant position similar to that occupied by the plaintiff, but in a different department. Lower positions were not offered, as the OJSC believed that the employee would not agree to them. By this, the JSC violated the dismissal procedure, so the plaintiff's requirements were satisfied ( Determination of the St. Petersburg City Court dated March 25, 2014 No. 33‑4368/2014 ).

Here is an example of a job offer.

Limited Liability Company "Snezhinka"

Ref. No. 34 Fuller O. D. Ovtsova

Notice of vacancies

Dear Olga Dmitrievna!

We inform you that as of 11/26/2014, Snezhinka LLC has the following vacancies that are offered to you in accordance with Art. 74 of the Labor Code of the Russian Federation in connection with the refusal to continue work due to changes in working conditions:

• velor worker - salary 15,000 rubles;
• acid worker - salary 18,000 rubles.

If you agree to fill one of the proposed vacancies, please contact the Human Resources Department with an application for transfer to another job.

Head of Human Resources Orlova A. I. Orlova

I have read the notice and received a copy. Ovtsova, 11/27/2014.

4.We conclude an additional agreement. If the employee has agreed to work in the new working hours, an additional agreement is concluded with him if the condition on the working hours was included in the employment contract. If the condition on the mode of operation was contained only in the PVTR, it is enough to provide the column “Agree / disagree” in the familiarization sheet with the new version of this local act - the employee, having written “Agree” with his own hand and signing, will actually agree with the new mode of operation.

5. We make a translation. This is a step for those who agreed to the offered vacancies. Recall that the transfer is executed by order on the basis of an agreement signed by the parties.

6. Making a dismissal. If the employee does not agree to continue working in the new working hours and refuses the offered vacancies (or there are none), a dismissal order is issued. In the column "Reason (document, number, date)" of such an order, you must specify the details of the notice of changes in working conditions, the offer of existing vacancies, the refusal of the proposed vacancies and other documents confirming the refusal to work in the new conditions.

At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction). In the event that the order cannot be brought to the attention of the employee or he refuses to familiarize himself with it against signature, a corresponding entry is made on the order.

After that, you need to enter work book entry, wording it as follows: “The employment contract was terminated due to the refusal to continue work in connection with a change in the terms of the employment contract determined by the parties, clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation.”

In addition, do not forget to take other actions to formalize the dismissal - fill out a personal card, issue wages and workbook and necessary for the employee the documents.

Finally

Summing up, we can say that the change in working hours must be approached with all responsibility. It is hardly worth accepting the new edition of the PVTR. We recommend that you strictly adhere to the rules provided for Art. 74 Labor Code of the Russian Federation Otherwise, disputes with employees cannot be avoided. However, we note that if changes in the PWTP do not concern essential working conditions, for example, it is necessary to fix breaks for heating or the date of payment of wages, comply with the requirements Art. 74 not necessary.

It has its role and the reason for making such a decision. So, the need to obtain the consent of the employee or employer will be determined. Peculiarities of changing the regime of working time The peculiarities of the regime transformation are determined by the method of fixing it in the documents. Three situations are possible:

• the working time regime is approved in the employment contract and it does not coincide with what is established in the internal labor regulations (PWTR);
• the regime is not enshrined in the employment contract, as it is identical to that approved in the PVTR;
• the regime is enshrined in the employment contract, and in the PVTR, and it is the same.

Despite the fact that the employer, at his own discretion, can change the PWTP when the enterprise does not have a representative body of employees, these provisions are not applicable to working hours.

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Question How to change the work mode for a specific employee. In connection with production process there was a need to change the work schedule of the warehouse and the warehouse manager. The start of work should be done earlier than for all employees, and the end of the working day should be shifted by an hour.

How to document this? Answer In accordance with Part 2 of Art. 57, part 1, art. 100 of the Labor Code of the Russian Federation for employees whose working hours differ from the general rules established by a given employer, it is established by an employment contract. That is, if such changes concern one employee, then no changes are required to the Internal Labor Regulations. In this case, changes in the working hours and rest time must be made only in the employment contract with the employee.

How to write an application for a change in work schedule? sample and filling rules

The former include the reorganization or preparation for the liquidation of the company, the emergence of financial problems, etc. The second category includes metamorphoses that occur in production processes and cycles, including the modernization of equipment, the introduction of innovations, etc. But regardless of the reason for which the employer wants to change the employee's working hours, he is obliged to notify him in writing at least two months before the occurrence of this event (and the employee has the right to either accept this or refuse and quit).

Attention

Also, regardless of who exactly is the initiator of changes in the work schedule, the employee is required to write a statement. The role of the statement The value of the document cannot be overestimated. It is evidence of the voluntary will of the company's employee to have his working hours changed.

Changing working hours

What does the law say? The main legal act that regulates this issue is Labor Code RF. It approved the main points regarding the regime of the working period. In addition, this codified act enshrines the right of the employee and the employer to change it by agreement.
The Labor Code of the Russian Federation lists the reasons for the unilateral conversion of the operating mode. In the Labor Code of the Russian Federation, the regime of the working period is regulated by Art. 100. Paragraph 15 of this norm establishes a rule on the possibility of changing it.

Moreover, the legislator gives the right to make such transformations both in relation to all employees, and selectively. Labor Code of the Russian Federation In paragraph 16 of Art. 100 of the Labor Code of the Russian Federation defines the process of transforming the regime of the working period by decision of the parties. You can take these actions at any time. Transformations can affect the moment the working day begins, or the whole regime.

Application for change of working hours

This must be done the next day after the notification period expires. A copy of the order is also enclosed in the employee's personal file, and the original is stored in the appropriate folder in the personnel department. In the T-2 card, it is necessary to make an appropriate entry and take the signature of the employee on familiarization.

The retention period set for both documents is 75 years. Dismissal of employees who refused to continue working under the new conditions. The employee must express his opinion on the received notification of the change or in a separate letter with a decision to refuse the offer in the following form: “I do not agree with the change in the work schedule.

I refuse the offered vacancies. The dismissal procedure does not provide for writing an application, since we are not talking about the employee's initiative. Employee personnel service checks the presence and correctness of all notifications, and then issues an order.

Changing the work schedule at the initiative of the employer

It is necessary to distinguish these situations from cases of approval for an irregular worker. In such a situation, a person is occasionally involved in the performance of labor duties outside the norm of the working period. As compensation, he receives 3 extra days to vacation.

Info

Temporary Change working hours may be needed for a short period. For example, in the summer - this is very important when employees go on vacation and need to be replaced. Several situations are possible here:

• registration of an additional agreement with a certain period of validity (by agreement of the parties);
• registration of internal part-time employment for a specific period (maybe for one day or a month), which also implies the conclusion of an additional agreement to the employment contract.

Constant Constant conversion of the operating period mode is performed in the general manner.

Changing the work schedule at the initiative of the employee

It is considered, after which the head of the structural unit will decide on consent or refusal. There are many reasons for changing the schedule:

• Change of residence, as a result of which it became more difficult for the employee to get to work.
• The appearance of a child in the family. If an employee leaves the decree, she can agree with the management on new working conditions.
• Change in financial situation, because of which you have to look for part-time jobs, etc.

Changing the schedule is possible if for the employer it is not the time of presence at the workplace that is important, but the result of work. To document the new conditions, the employee writes an application for changing the work schedule, the sample includes the following information:

• The heading of the document indicates the data of the head of the organization, as well as the full name and position of the employee.

How to change the work mode for a specific employee?

In addition to confirmations, it would be nice to independently think over and offer such an option for the schedule of your own work, which will suit both you and the manager. Perhaps your boss will listen to your opinion. When an agreement is reached, we write a statement, we attribute it to the management for signature. All changes in the process and working conditions must be approved by the management act.

Changes in the work schedule will come from the date that will be indicated in the relevant order. After the issuance of the order and the deadline specified in it, we work according to the new schedule. When negotiating with the boss, one should take into account the issue of wages according to the new schedule. The amount of salary depends on the amount of time worked, sometimes on the time of day in which the work is done.

Working hours - how to change?

The financial crisis has created serious problems for employing companies. In the current realities, many managers are thinking about a more rational allocation of resources for their effective use. So, in order to save money, technological and organizational working conditions are changing.

For example, an employer approves for all or some employees a part-time working day or working week. The need for the production of such actions may be caused by other problems or tasks of the employer. Changing the working hours is formalized in two ways: by decision of the parties or unilaterally by the employer, if there is a legally approved basis for the production of such operations. The procedure itself will depend on which of these options is valid in a particular case.

Changing the work schedule without the consent of the employee: terms and algorithm

This is the most preferred option, since it is considered valid even if the addressee evades familiarization. In addition, it is convenient when some of the employees are on vacation, on a business trip, or absent for unknown reasons. Name of the document: “Notice of changing the terms of the concluded employment contract No. 14-TD dated 10.12.2013.” Before sending, each notification is registered in the Book of outgoing documentation, which must be kept in the personnel department.

It includes the addressee, date of dispatch, document number and responsible person. The text of the letter indicates the reason for the changes, lists the rights of the employee within a two-month period before the date of the changes, the timing of decision-making, the consequences of refusal. Example: Dear employee! With this letter, we notify you of the planned change in the terms of the employment contract No. 17-TD dated December 29, 2013.

Changing the working hours at the initiative of the employer

The legislator does not name all the reasons that may be sufficient for making such decisions. Accordingly, the list is open and subject to broad interpretation. Agreement of the parties The decision to change working hours is made by agreement of the parties. Both the employer and employees can take the initiative, but final transformations will be possible only with a mutual decision. Duration Duration of working time is the number of hours during which the employee performed his labor function. This indicator in normal form is 40 hours. This rule applies to all employees, except for those who are provided with a reduced working period, for example, for minors. If an employee works more than 40 hours/week, then this period should be paid as overtime.
Changing the terms of the employment contract determined by the parties (including the regime of working hours and rest periods) is possible in accordance with Art. 72 of the Labor Code of the Russian Federation - by agreement of the parties to the employment contract (in this case, prior notification of employees is not required) or in accordance with Art. 74 of the Labor Code of the Russian Federation - at the initiative of the employer, if there are reasons related to a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons) with at least two months prior notice to employees. In your case, if the employee agrees to change the mode of his working hours, then this can be done in accordance with Art. 72 of the Labor Code of the Russian Federation - by agreement of the parties to the employment contract (in this case, prior notification of employees is not required).

The procedure for changing working hours or regime is regulated by legislation, which indicates that such a procedure at the initiative of the employer may not be carried out in all situations. In addition, innovations must be properly designed. To do this, you need to issue an order, draw up other documents.

How to change the working hours for an employee?

The Labor Code allows the employer, on its own initiative, to formalize the necessary changes to the existing working regime in two ways:

• By signing an agreement with the employee;
• Unilaterally, if there is a good reason (), for example, when a process change in an organization.

Changing the working schedule according to the Labor Code of the Russian Federation

Regulates the procedure for changing the rules specified in labor agreements, local acts of the organization Labor Code.

His indicates that such innovations are possible. In addition, it is said that, with the consent of all parties, the schedule can be changed at any time, moreover, as for individual employee, including the part-time worker, and for the entire team. In such a situation, always sign supplementary contract to the main labor agreement. He is obliged to provide not only a new schedule, but also time for rest. It is always allowed to draw up and execute such documents.

If the procedure looks like the initiative of the head of the organization, that is, when the procedure is one-sided, then there must be grounds. Which are only reorganization, adjustment of the technological process of the employer.

Procedure for changing working hours

The current procedure for making changes to working hours indicates that the following situations are possible:

• Signing an additional agreement to an existing labor agreement with an employee is the easiest way to make changes to the working regime. But it is allowed to use it only when the time intended for work is indicated for a person in an employment contract;
• When the working hours of a person are indicated by the internal labor regulations, and they are additionally spelled out in the employment contract, the introduction of a new working time is also carried out using an additional agreement to the existing employment contract. After that, the procedure is considered completed;
• If a person’s schedule is not specified in the employment agreement, or when the organization of work, the technological process will change, then the employer is obliged to formalize this procedure by issuing an order. Moreover, the head in a situation where there is no schedule in the labor agreement after the issuance of the order is obliged to obtain the consent of the employee to the change. If the organization changes, the technological process, then the consent of the employee is required only for the continuation of work.

That is, the case when the established procedure allows you to issue a new working time by issuing an order is the most difficult.

To perform this operation correctly, you must:

• issue an order;
• Draw up a document such as a notification of a change in working hours and hand it to each employee. The employer has the right to send such an act by mail;
• If the employee agrees to the employer's condition, for example, for part-time work, then it is necessary to draw up, sign an agreement between the parties establishing a new schedule;
• If the employee is ready to continue working after the reorganization, but only in a different position, then he needs to issue a transfer and sign an additional agreement indicating his new work time;
• If the employee does not agree to work in accordance with the new regime or there are no vacancies in the organization where the working time suits him, then it is necessary to issue a termination of the employment agreement.

If this procedure is not followed correctly, then employees will have the right to appeal the new mode of work. Since not only the order established by law will be violated, but also the employer's side will worsen the situation of the team, which is unacceptable.

Documents for registration of the work schedule

The main documents for this procedure are:

• Order of the head of the organization. It must be drawn up, published for the introduction of a new schedule at the initiative of the employer;
• Notice issued after the issuance of the order. Used to bring every member labor collective new chart.

How to draw up an order to change the working hours?

The main feature of such an order: if the new schedule is an initiative of the management, then it is necessary to indicate the reason for the changes. It must be weighty, legal and related to the reorganization, innovations in technological process, that is, heavy financial position organization is not the cause.

Sample order to change the operating mode

Such an order must necessarily indicate the new schedule, the date of commencement of its action. Before compiling, drawing up this document, it is necessary to provide and indicate the date before the expiration of which each employee will be familiarized with the provisions of the order. The established procedure provides for the presence in this order of the date by which employees will sign an additional agreement.

A sample of this document will help to draw up an order:

Sample notice to an employee about a change in work schedule

Such a notification must contain the full name of the employee, bring information about the change in the working hours. The date of introduction of the innovation is indicated, the reason that caused them is prescribed. It is also mandatory to have a date by which a person must express his consent to the schedule in writing.

The procedure for changing the working hours is regulated legal acts that restrict the employer in such actions. Not in all cases, such innovations are made by agreement of the parties. If there are reliable justifications, the employer has the right to unilaterally change the schedule of the work process.

Depending on the situation, the new working conditions will come into force only if they are properly documenting and respect for the legal rights of employees.

Main questions

If necessary, the employer can change the clauses of the employment contract related to the work schedule. In this case, it is impossible to adjust the conditions associated with the employee's labor duties.

Before starting the procedure for changing the operating mode at the enterprise, it is necessary to agree the following key questions:

• the period for which the staff is notified of the new work schedule;
• how the issue with those who disagree with the new mode of operation is resolved;
• how this innovation will affect wages;
• how to change the working hours at the initiative of the employee;
• which is accompanied by changes in the regulatory framework.

Normative base

The main legal document that regulates the relationship between employers and subordinates is the Labor Code of the Russian Federation. It describes basic moments relating to the work schedule of workers.

Also, the Labor Code of the Russian Federation does not exclude changes to the mode of operation upon agreement of the staff and the employer. These grounds are spelled out in article 100, paragraph 15, which also spells out the right to adjust the work schedule, both for all employees and selectively.

Paragraph 16 of Article 100 of the Labor Code of the Russian Federation describes the procedure for changing the time spent at the workplace by agreement of the parties. Such changes can be made at any time.

Changing working hours at the initiative of the employee should be carried out within the framework of article 93 of the Labor Code of the Russian Federation. The grounds on which the employer has the right to adjust the working day, in accordance with Article 74 of the Labor Code of the Russian Federation, include:

• technological(transition of the enterprise to new equipment, establishment of a new automated process);
• organizational(restructuring of the enterprise, reduction or expansion of staff, the introduction of shift work).

In addition to the reasons for changing the working day listed in the Labor Code of the Russian Federation, the law allows employers to use

and other grounds.

The procedure for concluding an employment contract

Changes to the employment contract can only be made with the consent of both parties, but this requirement of the Labor Code of the Russian Federation does not apply to changing the work schedule.

In order for this procedure to pass within the framework of the law, the employer must notify the staff not less than 2 months.

Such a notification is issued in the form of an order, with which all interested persons are familiarized against signature.

After 2 months, the employee has the right:

• agree with the new terms of the employment contract (in this case, “agree” is written on the order);
• take extra time to think;
• refuse the new terms of the contract (management is looking for two witnesses confirming the fact that the employee has familiarized himself with the order and his refusal to sign).

If there are disagreements

According to Article 74 of the Labor Code of the Russian Federation and the employment contract, the employer, in the event of an employee refusing a new work regime, is obliged to offer all available vacant positions that correspond to the qualifications of the employee.

The employee must reflect his decision in a notice of a change in working hours or in a separate letter in which he refuses the new conditions and the vacancies provided.

If there are no disagreements

If employees agree with the new working conditions, they are additional agreement to the employment contract. AT this document all innovations should be reflected, as well as the date from which they will begin to operate.

The additional agreement is drawn up in two copies, one of which is transferred to the employee.

What should be in the notice

An important point is the correctness of drawing up a notice of a change in the work schedule, which must necessarily include the following items:

• full name of the enterprise;
• locality;
• date and incoming number;
• motivating part;
• the main text of the notification;
• surname of performers;
• director's signature.

Interested persons can put their signatures both on the notification itself and on a separate familiarization sheet.

Sample memo and order

Sample work schedule change notifications:

open joint-stock company"Constellation"
Belgorod	January 22, 2018
	E.S. Belyakova
NOTIFICATION about changing the terms of the employment contract
Dear Ekaterina Sergeevna!
On the basis of Order No. 234 dated January 19, 2018, we inform you that from March 26, 2018, a new work schedule is introduced for employees of the production workshop according to the following schedule: 1 shift - from 08.00 to 16.30 with a lunch break from 12.15 to 12.45; 2 shift - from 16.30 to 01.00 with a lunch break from 20.30 to 21.00; 3rd shift - from 01.00 to 08.00 with a lunch break from 04.00 to 04.30.
The above changes are justified by the growth in production confectionery for the period from March 2017 by 40%, which necessitated the introduction of additional shifts to ensure a continuous workflow. In this situation, maintaining the previous work schedule is impossible. In case of refusal of the new terms of the employment contract, you may be offered a new vacant position, which will correspond to your qualifications and previous pay, in the absence of such, a position with a lower qualification without maintaining the previous salary, which you could perform taking into account your medical indications. We ask you to confirm your consent to continue working at Sozvezdie OJSC on the specified conditions in writing before March 26, 2018 and sign an additional agreement to the employment contract. If you do not agree to sign this notice, the employer will consider this a waiver of further labor activity at the enterprise. If you refuse the proposed positions, your employment contract will be terminated on the basis of clause 7, part 1, article 77 of the Labor Code of the Russian Federation.
Head of Human Resources Ivanova E.N.
Familiarization mark Belyakova E.S.

Sample order to change the operating mode:

Judicial and administrative risks

In order to comply with all legal requirements regarding labor relations with employees, the employer must take into account following points when making changes to the operating mode:

1. When drawing up a notice, the employer must take into account its ability to provide alternative work schedules (it is forbidden to work on the night shift for persons under 18 years of age, disabled people and women with children under three years of age).
2. If there are pregnant women among the dissenting employees, then their subsequent dismissal will be impossible (only in the event of the liquidation of the enterprise).
3. It is necessary to take into account the results of the workplace audit. If the work of an employee is associated with a harmful or dangerous production process, then it is necessary to take into account the limits of working hours when scheduling.
4. The list of factors that are legal justifications for changing the work schedule is published on the Rostrud website https://www.rostrud.ru/. Unreasonable adjustment of the working period can be regarded by the authorized control bodies as a way to carry out unauthorized layoffs of employees. A repeated violation with the same justification may result in the dismissal of the director of the organization, followed by his removal from office. leadership positions for up to three years.
5. The work of some enterprises may be regulated not only federal laws but also regional intersectoral agreements. They reflect Additional requirements to the employer to respect the rights of employees.

The dismissal of an employee at the initiative of the employer is presented in this program.