What does a sample order to change the work schedule look like? Rules for issuing an order to change the working hours Order on the working hours

According to the Labor Code of the Russian Federation, the number of working hours cannot exceed forty hours per week. This duration is considered normal. There are also certain categories of workers whose norm is below the 40-hour mark. In labor practice, there is the concept of part-time work. It is established by agreement of the employees.

A part-time/part-time work week is agreed upon between the worker and the employer, in which it is possible to discuss and agree on almost any duration. To legally formalize such a regime, it is necessary to draw up several documents.

Both the worker and the employer can take the initiative to introduce part-time work. There is a group of people to whom the employer does not have the opportunity to refuse such a request.

These include:

pregnant women;
parent of a child (or family member caring for the child) under 14 years of age;
parent and guardian caring for a disabled child under 18;
on leave to care for a child (either parent or grandparent/other guardian actually providing care).

All specialists who work part-time should be provided with the same guarantees that are provided to full-time workers.

Guarantees include:

weekend;
vacation;
lunch breaks, etc.

Types of part-time appointments

Part-time initiative:

Employee initiative;
Employer initiative.

Partial day:

When hiring (the time is initially specified in the employment contract);
Transfer to part-time work (an additional agreement to the employment contract is concluded).

At the initiative of the employee during work

If such an initiative arises on the part of the employee, the employee writes a corresponding statement.

Application for establishing part-time working hours - sample for LLC:

Sample application for part-time work.

It must indicate:

desired length of day/week;
type of part-time;
the date from which a change in operating mode is required.

If there are grounds for which an employee cannot be refused, documentary evidence is required (sick leave for child care, pregnancy certificate, etc.)

Additional agreement to the employment contract on part-time work:

Sample additional agreement to an employment contract on part-time work.

It states:

the date from which the updated working conditions begin to apply;
directly prescribed new working conditions;
specific regime (length of the week, time of arrival and departure from work, breaks);
consent of both parties.

One of the two agreements is given to the employee against signature, and the second remains with the employer.

Order on establishing part-time work - sample filling for LLC:

Order establishing part-time work

A document regarding the transfer of an employee to part-time work is drawn up on the basis of an order and application from the employee. The unified order form is not available in electronic form (there is no single sample).

But usually the order establishing part-time work indicates:

date of transition of the employee to the new regime;
specific employee regime;
working hours;
the time for which this mode is established (the expiration date of the introduced mode is indicated, or the transfer is made indefinitely);
responsible person;
signed by the boss, employee, and responsible person.

Transfer at the initiative of the employer

In a situation where an employee/employees are transferred to part-time work at the request of the boss, the validity period of such a regime cannot exceed six months.

Changes in working conditions in the organization and production technologies, which can lead to mass layoffs, can cause a reduction in staff working hours.

When a decision is made to transfer staff to reduced working hours, a order establishing part-time work.

Order establishing part-time working hours - sample for LLC:

Order establishing part-time work.

The order states:

reasons that led to changes in labor;
a list of departments affected by this solution;
period of validity of the transfer (maximum 6 months).

Order on establishing part-time working hours - you can download a sample form

Employees are notified in writing about signing this document.

The actual reduction in labor time can be introduced no earlier than 2 months after the order is issued and all employees are notified.

The notice states:

information from the order;
a condition according to which the employee is obliged to report disagreement within a fixed period.

Sample notification of changes in the terms of an employment contract.

You can find out how to correctly draw up an order for approval of the staffing table and download its sample

If some employees disagree, they can be fired. The boss must obtain a response (written agreement or refusal) from all employees. Information about the transfer is not recorded in the employee’s employment card or book.

If a partial regime is established, the employer notifies the changes in writing three days after the order is accepted.

Salary

In any order establishing a part-time day the regime is prescribed and

If a part-time work regime is established, the salary will in any case decrease. This situation is due to the fact that payment for part-time work is made in proportion to the time the employee works. Everything is related to the amount of work performed by the employee.

At the same time, part-time work does not serve as a basis for limiting the duration of paid leave, calculating length of service and other labor rights. Average earnings per day, which affects the payment of travel allowances, vacations and sick leave, are determined as always.

If an employee works more hours than he is entitled to due to a transfer, then the extra hours are considered overtime and are paid accordingly. Work on weekends with part-time work will also be paid at an increased rate.

What is deposited wages and in what order are they paid at the enterprise - read

Vacation and sick leave for part-time work

It is worth noting that in part-time mode, payment of vacation and compensation points in a situation where vacation time was not used, and the amounts of compensation are calculated in the same way as for the usual length of time. The fact of changing the period of working hours does not matter.

Thus, the average earnings associated with vacation pay in calendar days and with compensation payments for unclaimed vacation time will be calculated by dividing the entire actually accrued salary for the period of work by twelve, as well as by the number of calendar days (monthly average).

Is it mandatory for an enterprise to keep a working time log and what data should be reflected in it, you can read

If a part-time worker falls ill, his average daily earnings will be calculated in the same manner as other workers. So it will be calculated by dividing the entire amount of the billing period by the number of calendar days falling on the period.

Calendar days that did not fall during periods that are not taken into account when calculating average earnings will be excluded. Those days during which the employee worked part-time are calculated in full mode and with full payment.

When determining the amount of the benefit, the average amount of daily earnings is multiplied by the number of days when the employee was temporarily disabled, such days are subject to payment. And the working mode (part-time or non-native working week) cannot in any way affect the calculation of benefits.

To summarize, we note that you should not be afraid to switch to part-time work if you need it. In the event of a transfer at the initiative of the employer, be able to protect your rights and remember that the law is on the employee’s side.

What is an irregular working day and how to establish it at an enterprise, you can find out in this video interview:

The maximum permitted working time per day and week is established by the Labor Code of the Russian Federation (Article 91). But each enterprise has its own schedule. It indicates working days, breaks, and weekends. But sometimes it is necessary to change some data. Then an order is issued to change the work schedule. A sample of this document will allow you to compose it correctly.

About the work schedule

There are several types of work schedules that are allowed to be used at an enterprise in accordance with the Labor Code of the Russian Federation. This information is specified in Art. 100 Labor Code of the Russian Federation. The norms specified in the law also apply to the length of the week. Workers can carry out their activities for 5 days, 6 days, or according to other rules. The law also specifies that days off are provided on a staggered schedule. Sometimes it only lasts for less than a week.

An irregular schedule is discussed in This type is a special mode of activity when employees are involved in work during certain periods, regardless of what the main schedule is. It is not used in every institution. Art. 102 of the Labor Code of the Russian Federation includes conditions for a flexible schedule - work is carried out in shifts, days, their duration is established based on an agreement between the parties.

The shift schedule is indicated in Art. 103 Labor Code of the Russian Federation. This mode is needed when the production process does not fit within working hours. For example, when blast furnaces cannot be turned off or production processes cannot be stopped. Accounting for the worked period is carried out according to Art. 104 Labor Code of the Russian Federation. For example, the working week should be no more than 40 hours.

If it concerns workers who work in hazardous work, then accounting is carried out every 3 months. In Art. 105 of the Labor Code of the Russian Federation indicates dividing a work shift into parts, but only if this does not cause a disruption in the production process. The completed schedule must be agreed upon with the trade unions and displayed in the documentation.

Single shift schedule

Over 60% of citizens work under this regime. Accounting for the period worked is carried out by days and weeks or on the basis of the summarized principle for a specific period. If days are taken into account, then all activities beyond the established norm are considered overtime work. This nuance is indicated in Art. 99 Labor Code of the Russian Federation.

Under this regime, the number of working days can be as follows:

5 or 6 per week.
Sliding mode.
Summarized accounting.

The employer must ensure that the daily workload does not differ from the employee’s standard workload. In institutions where one employee works in shifts, the working day should not exceed 12 hours.

When is an order needed?

The law does not prohibit changing working hours. Typically, such a decision is made due to the nature of business processes. Changes can affect both the entire team and individual departments or even employees. But you need to arrange it correctly. Changes should not cause a deterioration in working conditions and conditions for employees.

The innovation is confirmed by an order to change the work schedule. Each enterprise has a sample of how to fill it out. The content and order of approval is determined by where the current document was recorded.

In this situation, there are 3 options:

The regime is the same for everyone, it is specified in the internal labor regulations (ILR).
The rules apply to everyone, they are recorded in the PVTR and the employment agreement.
The schedule is individual and is included only in the employment agreement.

The order is approved according to a special procedure. It is recorded in the TC. Employees, through the trade union, take part in the discussion of this nuance. After approvals, an order to change the work schedule is issued, a sample of which is in the article. Changes are also being made to the PVTR. The rules will be in the annex of the collective agreement.

What does the law say?

Working hours may change at the will of the employer, but only if this is due to the reasons specified in Art. 74 TK. It is important to justify changes in working conditions with objective innovations in the work sphere. This is also included in the order to change the work schedule. The sample of this document includes all the main nuances that must be present. Changes to the employment agreement, including working hours, must be made on the basis of agreement of the parties (Article 72 of the Labor Code). Such an agreement is recorded in writing in the form of an additional agreement. Otherwise, the innovations will not be considered legal, so the employee can protect his rights through the labor inspectorate or the court.

Grounds

A document on changing working hours is issued according to:

Written consent of the employee and executed additional agreement.
The PVTR adopted during the negotiations, which recorded changes in working conditions at the enterprise.

The order may apply to all employees or only to some of them. In the second case, specific personnel need to be notified about this. For example, there may be an order to change the work schedule of guards. The sample of this document will be the same as in other cases.

Who makes the decision?

The decision on various changes is made by the manager. This is his competence. But you need to take into account some nuances. If it comes to introducing innovations into an employment contract, then written permission from the employee is mandatory (Article 72 of the Labor Code). And the rules for adopting PVTR under Art. 190 Labor Codes need to agree on a new schedule with the trade union or other employee representatives. If the manager made a unilateral decision, but it contains violations of these requirements, this will lead to a labor dispute. Therefore, it is important to formalize everything according to the law, and also fill out a document based on the sample order for changing an employee’s work schedule. This will prevent disputes from arising.

Design rules

A sample order to change the work schedule of an enterprise includes the following points:

Title of the document.
His type.
Date of registration.
Number.
Title.
Basic information.
Chief's signature.
Coordination.

All enterprises draw up documentation using this sample order to change an employee’s work schedule. When it is drawn up according to all the rules, it will be considered valid.

Main sections

Justification for changes.
Cancel the previous regime.
Description of the new schedule.
Its validity period.
Instructions to notify employees of changes.

The sample order to change the work schedule at the initiative of an employee or manager is the same. It is only slightly different in wording.

Document form

Like any other document, an order is created in writing. The original, which was signed by management, is kept in the organization. Notices and additional agreements are created in writing. If the changes will apply to a specific person, then it is important to draw up an order and formalize an agreement regarding the changes made to the employment contract.

Nuances

The sample order for a temporary change in work schedule does not differ from the case when it is issued on a permanent basis. But it is required not only to draw up and sign the document. It is also necessary to comply with the requirements of the law. Employees should be notified of the changes. This should be done no later than 2 months before the start of the new schedule (Article 74 of the Labor Code). If the order states that the changes will be in effect from December 1, then it must be signed at least on October 1. Then, based on it, additional agreements are drawn up with employees.

How to notify employees?

Employees must be informed of the changes upon signature. But it is not placed on an order, but on a written notice. This document indicates the reason for the innovations, the period of validity, and information about the consequences of an employee’s refusal to work in this mode.

The employee receives notice or can refuse it. In the second case, an act is drawn up. Then the notification will be verbal. A notification is sent to a refused or absent employee by mail. Only then is it considered that the employer has fulfilled the obligation to warn subordinates in a timely manner.

Storage

The main document that establishes the storage period for administrative papers is the List of Standard Documents. It was adopted by Rosarkhiv in 2000. Orders to change working hours are orders and are stored permanently. The order and agreement on individual treatment is a personnel document. It is stored for 75 years. The paper with a note of familiarization is present in the employee’s personal file. Any changes in the operation of the enterprise must be documented. Only then will innovations be considered legal.

Sometimes an organization needs to change the working conditions of employees due to changes that have occurred in the company’s business processes. In particular, it may be necessary to change the work schedule of both all employees and individual groups, for example, transfer workers from a shift work schedule to a five-day week or from a two-shift work schedule to a three-shift work schedule (or vice versa). We will tell you about the procedure for introducing such changes and the risks that arise.

Working hours and the procedure for establishing them

To change the working hours, it is necessary to proceed from the way in which it is established for employees.

In accordance with Art. 91 of the Labor Code of the Russian Federation, the working time regime 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 of time that apply to the worker.

In Art. 100 of the Labor Code of the Russian Federation states that a specific type of working time regime is established in the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.

As follows from these norms, the working time regime (hereinafter referred to as WW) is established by the employment contract and internal labor regulations (ILR), as well as by the collective agreement, if any.

In accordance with Art. 56 of the Labor Code of the Russian Federation, an employment contract is agreement between employee and employer. In accordance with Art. 57 of the Labor Code of the Russian Federation, the employment contract must indicate the working hours if it differs from the general rules of a given employer.

PVTR is, as a rule, local regulatory act, which, among other issues, regulates labor regulations, in particular, working hours (Article 189 of the Labor Code of the Russian Federation). PVTR are approved by the employer taking into account the opinion of the representative body of employees (Article 190 of the Labor Code of the Russian Federation). Let us immediately note that in this article we are considering the case when the company does not have a representative body of employees. In such a situation, PVTR are accepted by the employer alone.

What are the options for establishing working hours? There are several of them:

The employee’s RRV is stated directly in the employment contract, since it differs from the general rules of the employer established in the PVTR.
Example 1

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The organization has a work schedule for office employees (administrative staff) from 9.00 to 18.00 with a lunch break from 13.00 to 14.00. However, for the assistant to the general director, the work schedule is set from 10.00 to 19.00 with a “floating” lunch break of 1 hour from 12.00 to 15.00. These features are specified in the employment contract with the assistant general director.
The employee’s RRV is specified in the employment contract, but it does not differ from what is established in the PVTR.
Example 2

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In the PVTR company, the working hours of administrative personnel are set from 8.00 to 17.00 with a “floating” lunch break from 11.00 to 13.00. The same conditions are specified in the employment contracts of all administrative employees.
The employee’s RRV is no different from that established in the PVTR and is not specified in the employment contract.

Let's see what ways there are to change working hours.

Ways to change working hours

The working hours can be changed in two ways: either by agreement with the employee (Article 72 of the Labor Code of the Russian Federation), or by the employer unilaterally if there are appropriate grounds (Article 74 of the Labor Code of the Russian Federation).

So, in Art. 72 of the Labor Code of the Russian Federation establishes that changes to the terms of an employment contract determined by the parties are allowed only by agreement of the parties, concluded in writing. Exceptions to this rule are recorded in the Labor Code of the Russian Federation.

Accordingly, this method is applicable when the working hours condition is included in the employment contract, regardless of whether the employee’s RWP differs from what is established by the PVTR or not. What is decisive here is that the provision for RRR is included in the employment contract, even if it was not mandatory in accordance with Art. 57 Labor Code of the Russian Federation. But once included, such a condition becomes part of the employment contract.

In Art. 74 of the Labor Code of the Russian Federation refers to the possibility of unilateral changes in the terms of the employment contract by the employer if the organizational or technological working conditions change. The working hours may also be a condition of the employment contract, which the employer needs to change. Consequently, a change in the work permit must be justified by objective reasons that impede the preservation of previous working conditions, and should not affect the employee’s labor function.

But these methods of changing the working time regime - both by agreement of the parties to the employment contract, and unilaterally by the employer - refer to changing the terms of the employment contract. What if the working hours, as in the third paragraph of the previous section, are established not by the employment contract, but in the PVTR? Can an employer unilaterally change the PVTR, in particular, establish a new working time schedule, familiarizing employees with it against their signature? What to do if employees do not agree with the change in the PVTR? And if employees agree, how to record this?

In this case, you need to be guided by the following. PVTR are a local regulatory act and are adopted by the employer in agreement with the representative body of employees (Article 190 of the Labor Code of the Russian Federation). But we are considering the case when a representative body of workers has not been formed, i.e. absent. In such a situation, it is logical to conclude that the employer can independently adopt PVTR, including establishing working hours within their framework. When hired, employees are familiarized with the PVTR against their signature. But there is an urgent need to change the PVTR - to establish a new working hours for all or for a group of employees. Here we should apply the analogy and principle of equal opportunities for workers to exercise their rights, enshrined in Art. 3 Labor Code of the Russian Federation. So, if for those employees whose RVV is specified in the employment contract, a rule is established to change it only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation) or by the employer unilaterally (Article 74 of the Labor Code of the Russian Federation) with the provision of certain guarantees, then these provisions should be applicable for those employees whose working hours are not specified in the employment contract, but are established in the PVTR. For them, working hours are no less important than for those for whom it differs from the general rules.

It follows that when changing the PVTR in relation to already working employees, one should either enter into a written agreement with them on their acceptance of the changes to the RRV introduced into the PVTR, or when unilaterally changing the PVTR regarding the RRV, act in accordance with Art. 74 Labor Code of the Russian Federation. As for newly hired employees, the new working hours will apply to them from the moment they are hired. Since, having become familiar with the Labor Rules, including the regulation of working hours, when registering an employment relationship, the employee agrees to such terms of the employment relationship or he has the opportunity to ask the employer to establish a different Labor Rule in the employment contract.

changing the RV established by the employment contract by agreement of the parties;
changing the RV established in the PVTR by agreement of the parties;
changing the RRR established in the employment contract or in the PVTR, if employees do not agree (Article 74 of the Labor Code of the Russian Federation).

Changing the working hours established by the contract by agreement of the parties

This method is applicable in accordance with Art. 72 of the Labor Code of the Russian Federation, if the situation at the enterprise is similar to paragraphs 1 and 2 from the previous section (the employee’s RWP is stated directly in the employment contract and either differs from the general rules of the employer established in the PVTR or not), and the employees agree to change the working hours .

In such a case, it is enough to conclude an additional agreement with each of the employees on this, indicating in it the new mode of work (Example 3).

Changing the working hours established in the PVTR by agreement of the parties

If the company has a need to change employees’ working hours that are not specified in their employment contracts (point 3 from the first section), and the employees agree, you need to do the following:

Approve the PVTR in the new edition, for example, by order on the organization. The new edition of the PVTR needs to reflect the change in working hours (Example 4).
Next, you need to conclude an agreement with employees on their consent to the changes being introduced (Example 5). It should contain the names of all employees who agreed to the changes, stating that it was compiled in the quantity required for all employees, plus one copy for the employer.

Example 3

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Example 4

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Example 5

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Please note that the start date for applying the newly introduced working time regime is the date the employees sign the agreement. It is not a fact that employees will sign the agreement all together on the same date. In this case, it should be taken into account that for a particular employee the new working regime begins to apply from the date he signs the agreement.

Perhaps someone will be puzzled by the question: why couldn’t they simply familiarize the employees who agreed with the new edition of the PVTR? We believe that this method of registering changes in the work register is insufficient, since it only records the fact that employees are aware of the changes made, but does not confirm the fact of their consent. After all, if you simply familiarize an employee with the new edition of the PVTR, he may later change his mind and express his disagreement with the new work regime, and in this case we can talk about a violation of the employee’s rights. To avoid unnecessary reasons for the detection of violations by both the employees themselves and inspectors from the labor inspectorate, we recommend concluding the above agreement.

The advantage of this situation - when employees do not object to the new work schedule, or even ask the employer to change it - is that there is no need to justify the change in the work schedule with objective reasons; only the will of the employees (who were already working on the date of the changes) and the employer is sufficient .

Changing the working hours established in the employment contract or in the PVTR, if employees do not agree

In the event that the consent of employees to change the working hours is not expected, one should act in accordance with the provisions of Art. 74 Labor Code of the Russian Federation. This article provides for a unilateral change in the terms of the employment contract, but this requires not only the desire of the employer, but also objective reasons. These include:

changes in organizational or technological working conditions;
inability to maintain the previous terms of the employment contract.

The article provides an approximate list of organizational or technological changes in working conditions: changes in equipment and production technology, structural reorganization of production, and other reasons. Clause 21 of the Resolution of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that the employer will be required to prove the need and legality of a unilateral change in the terms of the employment contract due to organizational or technological changes in working conditions. Thus, if an employer wants to change the working hours for all employees or just a group, there must be objective reasons for this. For example, an enterprise bought new equipment in order to modernize production, and instead of a two-shift working hours, it became necessary to switch to a three-shift mode.

Even if the changes are caused by objective reasons, the employee’s labor function cannot be changed, and in the changed conditions the employee’s position cannot be worse than that corresponding to the terms of the collective agreement, agreement, if any.

Let us give a couple of examples from judicial practice regarding changes in working hours in accordance with Art. 74 Labor Code of the Russian Federation.

Arbitrage practice

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The appeal ruling of the Moscow City Court dated August 20, 2012 in case No. 11-15946/2012 considered the following case. The employee filed a lawsuit to cancel the dismissal order, reinstate him at work, and collect compensation for forced absence and moral damage caused. The claim was caused by the fact that the plaintiff worked as an electrician in the operation department of a shopping center with a work schedule of every other day, which suited the plaintiff quite well. When the defendant decided to replace the daily work schedule of the duty electrician service with a daily one from Monday to Friday, the plaintiff did not agree with this and was fired under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation (refusal to continue work under changed conditions).

The court rejected the claim because, as the defendant was able to prove, the change in working hours was caused by objective reasons: the number of rented pavilions increased and the volume of electrical services provided by the defendant for pavilions increased. These changes, as the court pointed out, are organizational and technological changes in working conditions.

Arbitrage practice

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Another judicial act - the appeal ruling of the Moscow City Court dated September 24, 2012 No. 11-22786/2012 - describes a similar situation. Thus, the plaintiff worked as a manager of a transport workshop on a shift work schedule. The employer decided to optimize the production process (including the transportation process), since most of the employees worked according to a standard schedule - from 9.00 to 18.00 with a 5-day work week, respectively, in the evening and at night, as well as on weekends, the load on the transport department was low. In this regard, the plaintiff was transferred to a daily work schedule, like most employees, but did not agree to continue working under the new conditions and was fired.

The court, dismissing the claim, notes that violations of Art. 74 of the Labor Code of the Russian Federation did not exist, since there were objective reasons for optimizing production processes and the employer had the right to do so.

As we can see, in both cases the reasons for the changes were objective in nature and the labor function of the employees was not affected.

It is also important to note that although Art. 74 of the Labor Code of the Russian Federation is about changing the terms of the employment contract; in our opinion, it should also be applied when changing the working time regime provided for not in the employment contract, but in the PVTR. As already mentioned, due to the general meaning of labor legislation, including Art. 3 of the Labor Code of the Russian Federation, a different approach to changing the working time regime established in the employment contract and in the PVTR is unacceptable, in particular if they were adopted solely by the employer due to the absence of a representative body of employees.

Now let us turn directly to the procedure for changing the RRR on the basis of Art. 74 of the Labor Code of the Russian Federation, compliance with which is extremely important if the case comes to court. In the above judicial acts, the procedure for compliance with the procedure provided for in Art. 74 Labor Code of the Russian Federation. It was compliance with procedural aspects that allowed the employer to defend itself in litigation.

First you need issue an order to change the working hours and make appropriate changes to the PVTR(approving them in a new edition), indicating in the order the objective reasons for these changes (Example 6).
Next should be given to employees notifications about changes in working hours(Example 7).
If the employee refuses to receive the notice, it is necessary to record this fact in an appropriate act, read the notice out loud to the employee, and send this notice to his address specified in the employment contract. From the moment the employee receives such notification and until he either expresses consent to continue working under the new conditions, or until the date of entry into force of changes in the working hours, he must be offered vacancies that correspond to the employee’s qualifications, or lower vacancies at the time they arise. Here is the form for notification of vacancies (Example 8).
Further, if the employee expresses his consent to change the RVV, with him an additional agreement is concluded(if the condition on the regime was included in the employment contract) or an agreement on consent with amendments made to the PVTR - similar to the examples in the previous two sections. In the event that an employee refuses to work under new conditions, this fact is recorded in writing, unless the employee objects.
An employee in this situation can resign either before the expiration of two months from the date of delivery of the notice, or on the last day of this period. Failure to express consent after the expiration of two months from the date of service of the notice is also considered a form of refusal, as specified in the notice. A record of dismissal is made in the employee’s work book under clause 7, part 1, art. 77 Labor Code of the Russian Federation. Let us give an example form of refusal that can be offered to an employee so that he writes such a refusal by hand (Example 9).

Example 9

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Please note that the employee may also agree to the proposed vacant position. In this situation, the termination of the employment relationship, of course, does not occur: the employee must be transferred to the vacant position of his choice.

The law allows you to change working hours depending on the production need that arises, even regarding mandatory rest breaks during working hours. There are no restrictions for the employer in choosing the currently required work schedule. New conditions can be established both for one worker and for a group of people or the entire team of the organization (although it is possible to challenge this decision, for example, under an agreement on labor protection).

How to change the working hours for an employee at the initiative of the employer?

There are specific instructions on the conditions for changing the work schedule at the initiative of the employer in the Labor Code of the Russian Federation, Art. 74. According to it, the employer can correct the work schedule without violating the accepted norms under the collective agreement in the organization.

Changes are classified into:

Permanent.
Temporary (for example, for the summer, during the heat: details -).

To formalize innovations, it is necessary to comply with temporary notification standards. Their minimum interval period is 60 days. During this period, the employer is obliged to:

Submit an order to adjust the necessary items in the work schedule.
Notify all employees of the terms of innovations in labor discipline.
Make adjustments to employee contracts and PVTR.

These steps are performed in case of mass staffing adjustments. In case of single changes, it is not necessary to adjust the PVTR and the collective agreement.

Order on changing working hours sample 2018

The order precedes the beginning of the formation of a new daily routine. In this case, the order is not formal. It usually contains the following information:

The exact date for maintaining the new schedule.
When entered temporarily, the end date of the established changes is indicated.
Describe in detail the working day, week or month.
Indicate lunch breaks and rest days.

Notification of changes in working hours - sample

The employer does not have the right to increase the number of hours of work on a permanent basis. Therefore, when making adjustments to the work schedule, a transition is implied:

On shifts.
For a shortened working day.
For flexible mode.
For a fixed five-day work.

Regardless of the previously established production schedule in the relevant position, the employer is obliged to notify the employee. For this purpose, personal notifications are prepared for everyone affected by the changes.

Article 74 of the Labor Code of the Russian Federation allows the head of an organization to formalize a transition from one type of regime to another by way of unilateral notification. The notice gives the employee only two options - to continue working, but under new conditions, or to quit.

On the same topic, material on the internal labor regulations for LLCs, based on the model for 2018, will be useful.

How to write an application to change working hours - sample

An application to adjust the work schedule is written if the desire comes from the employee himself. The hired person must clearly justify his desire to adjust the schedule. Acceptable reasons include illness, one's own or that of close relatives, and the presence of young children. The document addressed to the manager is prepared in free form.

When filling out the application, you must provide the following information:

The date of the desired transfer.
Indicate your current working hours.
Describe your desired hours of operation.
Justify your request.

Documentary evidence of the justification provided must be attached to the application.

Additional agreement to the employment contract on changing the working hours

The final step in making adjustments is drawing up an additional agreement to the current employee contract. It does not stipulate general working conditions, but personal ones. The additional agreement must include information about the new working hours with precise instructions:

Beginning of work.
The end of labor.
Lunch break hours.
Rest time between shifts.
Rest days.

The additional agreement must be provided to the employee 60 days before the changes are introduced. The employee expresses his consent by signing the document. Disagreement is expressed in writing at the bottom of the paper. After this, the employee has the right to resign within 60 days. He is given 2 months to find another job.