Rules and procedures for applying for flexible working hours

Some enterprises, for objective reasons, cannot organize their work in such a way as to provide employees with days off on the same days. Then you have to change the work schedule for the entire staff or specific employees. One option could be sliding mode.

It is necessary to distinguish work on a rotating schedule from flexible or shift work. There are important differences that relate not only to recording hours worked, but also remuneration for work. Therefore, it is important to know the features of a sliding schedule, the nuances of its preparation, as well as legal ways to transfer an employee to it.

How to change the work schedule at the initiative of the employer?

Sliding schedule according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation (Article 100), an entrepreneur can establish one of 4 types of working week for staff.

1. Five days of work, two days off on the same days for everyone, usually at the end of the week.
2. Six working days with one fixed day off for all staff (most often Sunday, but other days of the week are possible).
3. Working week with an incomplete number of hours (not for the entire team).
4. Flexitime.

There is no separate section of the Labor Code of the Russian Federation dedicated to a sliding schedule, but it is mentioned in the context of the types of working week in Article 100.

A sliding regime is a schedule in which the rest days are not fixed, move and fall on any day, including public holidays; in this case, the total duration of the accounting period (week, month, quarter) must be identical to the regular schedule.

INFORMATION NOTICE! Flexible working hours are regulated by Art. 102 of the Labor Code of the Russian Federation, and work in shifts - Art. 103 Labor Code of the Russian Federation.

Flexible work schedule: how to understand it

For many, the dream job is to come to the workplace when it’s convenient and leave when you want. At the same time, serious employees are quite ready to be responsible for the quality of the result entirely - it’s just a matter of convenience. This mode of work is possible; it is called flexible work (abbreviated as GGR).

Scheduled work is a fixed ratio of working time and rest for a certain period of time. And the definition of flexibility implies the ability to regularly change these ratios. Thus, we are talking about a working regime in which the employee independently determines the beginning and end of the working day by agreement with the employer. Also, by agreement of the parties, it is possible to record a non-standard length of a working day or shift, total time worked, etc.

Rolling chart: specifics

IMPORTANT! The order form for approval of a sliding work schedule from ConsultantPlus is available here

What does the expression “graph slipping” mean? As part of this regime, days intended for rest “move” along the calendar. This does not happen randomly or at the employee’s choice, but is secured by a pre-drawn plan. For example, one week an employee rests on Wednesday and Friday, and the next on Tuesday and Thursday.

, working time tracking remains relevant , summing up the hours worked for a particular period selected for accounting. The time cycle for which working hours will be added up is set individually at each enterprise, which is enshrined in the local regulations of the company: it is lawful to choose a week, month, quarter or even a year for this purpose.

IMPORTANT! The amount of time worked cannot exceed the amount of hours provided for by law, that is, 40 per week in terms of the accounting period. If the hours worked are less due to the fault of the scheduler (the employee is “underworked”), the rate must still be paid in full.

How to calculate time worked

Accounting for time worked in this mode is summarized (by week, month, quarter or year). It is convenient if the norm of working time per week is not maintained, but is leveled out when calculated by quarters or months. The main task of the accountant in this case is to figure out how to distribute weekends with the required time generated over a set period. The main condition is that an employee cannot have more than 40 working hours per week. In the case of using the 2/2 system with a 12-hour shift, the employee works 48 hours, which exceeds the weekly norm, which means that he must have another floating day off.

Creating a rolling schedule

An employee cannot be forced to work in a certain way without his consent. Possible options for the legal use of a sliding schedule provide for the good will of the employee and his consent to this form of employment. Let's look at them.

1. Sliding schedule for employment. If a person is hired for a job that has a flexible schedule, it is his right to agree to such working conditions or not. He must read about this feature of his future regime in the employment contract. By signing this document, he thereby accepts the obligation to comply with the schedule established for him.
2. Setting up a sliding schedule. It happens that the mode of postponing days off is caused by production necessity, then the management must notify the employee about this and obtain his consent in writing. Changing the schedule is carried out by drawing up an additional agreement to the employment contract.
3. Assignment of working days and days off. In the sliding mode, the schedule is drawn up for the period selected by the accounting period. To familiarize employees with it in advance, it is no longer necessary to adhere to certain deadlines. It is enough if the schedule is known before the accounting period. The employee no longer has the power to change it at his own discretion or refuse to go to work on any days. However, in order to avoid conflicts and difficult situations, it is advised to familiarize staff with the upcoming regime in advance, preferably a month in advance.

Everyone has a day off, but you have work according to schedule

If your schedule is rotating, forget that holidays usually fall on the weekend. This may turn out to be this way, or it may turn out to be different - it all depends on how the schedule was planned. If Saturday or Sunday turns out to be intended for work, nothing can be done; this is a feature of the sliding schedule. They are considered normal workdays and are paid accordingly. An additional day of rest is not provided. The employee has no right to refuse to go to his workplace on this day.

FOR YOUR INFORMATION! Certain types of employees, such as mothers of children under three years of age, have advantages regarding work schedules. But not in cases where their signature is on the consent to a rotating schedule: there are no exceptions for them, that is, they will have to work on any day of the week that turns out to be working according to the schedule.

Work schedule options and its components

The options for this schedule depend on the period for which it is set, based on this, it can last:

• Day – all hours specified by management must be worked on one day;
• Week – a certain number of hours must be worked during a given period;
• Month – for this period, the amount of time that needs to be fully worked is determined.

In addition, I can consider a decade or a quarter to be an accounting period; in any case, the assigned task must be completed within the allotted time, taking into account the quality of work and compliance with standards.

A working day using a sliding work schedule is divided into:

• The variable part - a certain time at the beginning and end of the day, the employee regulates according to his priorities;
• Fixed part – it takes a longer period of working time, and employees are required to be at the workplace during these hours.

The procedure for establishing an individual schedule.
Wherein:

• The working day cannot be longer than 10 hours in total;
• The worker is entitled to a break to recuperate during the fixed part from 30 minutes to 2 hours;
• The break is not taken into account as part of working time.

Who benefits from this mode?

This period is important for many people:

• Parents with many children or those who prioritize raising children;
• Part-time workers;
• Students;
• People who prefer to work at home, and come to work to report on the work done;
• Agents;
• Couriers;
• Individuals employed in the field of cinema, theater and other creative fields;

Since such workers spend part of the working day within the company’s walls, and part at the order fulfillment sites.

The decision regarding company specialists for whom such a schedule is acceptable and necessary is made by management without any reference to legislative acts, since the legislator does not provide a list of such professions.

What about the holidays?

Official non-working days adopted within the country are also not always days off for sliding-scale workers.

Art. 113 of the Labor Code of the Russian Federation prohibits assigning work on these days, however, there are exceptions to this law:

• inability to suspend work due to production needs;
• work related to serving people, provided for in the relevant list (for example, transport employees, doctors, emergency responders, etc.);
• signature of the employee himself, indicating his consent (taking into account the opinion of the trade union).

If for an employee with a flexible schedule the working day falls on a public holiday, it will have to be worked. But the status of a holiday cannot be canceled, so it must be paid at a double rate or provided with an additional day off on some other day (by agreement).

Question: Employees have a working week with days off on a staggered schedule. Is it necessary to issue a separate order on increased payment for work on holidays to those employees who have working days on these days? View answer

Employees with benefits

On holidays, if they happen to be working, employees with special statuses have the right to refuse to work:

• disabled people;
• mothers of children under three years of age.

For them, it is better to plan their work hours so that they do not have to work on official holidays. But if for some reason it is difficult, and they themselves do not mind going on a work shift on such a day, this is possible, if it is not contraindicated for them for health reasons. In this case, the authorities must obtain their signature on the document indicating that they are aware of their right of refusal.

ATTENTION! An additional order, which is usually issued to attract employees to work on holidays, is not necessary in this case: its role is performed by a signed agreement on a sliding schedule or its establishment under an employment contract.

Why is it needed?

What is a flexible work schedule for an employer and what are its advantages? In what cases is a sliding schedule established? Working according to a schedule, according to the Labor Code of the Russian Federation, allows you to optimize the use of the organization’s personnel potential in conditions of its insufficiency and the lack of economic feasibility to use a shift and flexible schedule (what is the difference between these modes - we will consider further).

Answers to the questions of how to understand a staggered schedule, whether it is allowed to refuse a staggered schedule, how days off are provided on a staggered schedule, and how days off are paid on a staggered schedule, appear after realizing that a staggered work schedule is how and what its feasibility is.

This mode is applied if the enterprise is unable (or is not practical for it) to establish a standard 5/2 mode or work in a shift format. Let us consider, as an example, areas of activity in which such a regime is regularly used:

1. Sales network. For most stores, it doesn't make sense to set a shift schedule, but it makes sense to not set days off when the work schedule is staggered. The length of the working day, as well as the standard hours, with a 2/2 sliding schedule, as a rule, exceeds 8 hours (as with normal work in the five days and two days off schedule). The schedule is most suitable for this type of activity. You just need to decide how to create a rotating work schedule for a specific institution.
2. Security systems. The algorithm for organizing the activities of such enterprises is identical to sales networks. In the process of work, the institution is obliged to ensure security, but security during the day is not always impractical.
3. Communication organizations, consultants. The company's activities are structured in such a way that during the day it is necessary to maintain the uninterrupted operation of the consultation line and the presence of an employee to answer phone calls. The work schedule seven days a week is most optimal.

Thus, the advisability of using a sliding format is determined by the inability to apply other labor algorithms in the institution. But organizing work in a similar form for the “manager” category is often not relevant.

Flexible, replaceable or sliding

In business and personnel practice, these concepts often cause confusion and confusion.

We see that they are regulated by different articles of the Labor Code, which means they have serious differences in documentation, payment and approach to accounting.

Comparison with flexible schedule

Sometimes the concepts of “flexible” and “sliding” schedules are used interchangeably. In some legislative acts, especially those that have not undergone significant changes since Soviet times, this is directly reflected in the title, for example, Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 06.06.1984 No. 1701/10-101 “On approval of the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children.”

However, these two types of graphs cannot be identified. It would be more accurate to say that any flexible schedule is flexible, but not any flexible schedule is necessarily flexible.

Sliding and rotating schedules

The shift schedule is characterized by continuous production and work shifts of several shifts per day. Weekends in this mode also shift, which is the reason why it is confused with sliding. But with a shift schedule, a shift in days off occurs when the total recording of working time for the accounting period shows overtime (Part 3 of Article 111 of the Labor Code of the Russian Federation).

How to determine the standard working hours with a sliding work schedule ?

Differences between a sliding schedule and a flexible and shift schedule

The main distinctive features of these three types of working time organization are shown in Table 1.

Legislation

The Labor Code, Article 102 regulates the appointment of a sliding work schedule. In addition, Resolution No. 170/10-101 of the Ministry of the Russian Federation approved a list of employees who have the right to work on a different, free schedule.

According to the law, this list of persons includes:

• operators;
• employees of communication centers.

According to labor legislation, the following provisions are established:

1. Features of the formation of working time during a shift schedule are established by Article 100 of the Labor Code of the Russian Federation.
2. The procedure for resolving issues regarding irregular work schedules is Article 101.
3. Features and concept of a sliding schedule – Article 102.

The employer has the right to transfer an employee from a flexible schedule to a regular one, guided by the provisions of Article 130 of the Labor Code of the Russian Federation.