Everything should go according to schedule in the work: beginning, for example, at 9 in the morning, lunch from 13 to 14, ending at 18. But what if the usual regime changes, and not on the initiative of the employee? Are there any legal reasons and framework for such innovations? And what is the order of their design? All these questions will be discussed in the article.
Mode of operation - is it necessary?
The schedule of the working day is a strictly regulated internal documents of the organization of the schedule of time for work and rest. The concept is enshrined in Art. 100 Labor Code of the Russian Federation.
The labor schedule is mandatory, because the law has restrictions on the number of working hours, shifts, etc.
In addition, the medical side of the issue is important. Everyone knows that in the evening, at night, on weekends, work is harder, since the human body is set up for rest, therefore, labor should be paid higher during these periods.
Suppose you got a job with a regular and widespread 5/2 schedule, 8 hours a day, and a month later, the boss wanted to change the regime to 4/3 part-time for 10 hours a day, saying that there are more clients in the evening on weekdays and on Friday there is nobody. Can he do it unilaterally? There are plenty of such examples in practice, but each one deserves individual attention.
It should be noted immediately that there are several types of modes:
- Normal: 5 business days for 8 hours and 2 days off (Saturday, Sunday).
- Irregular: An employee may be called upon to perform functions at any time outside of normal office hours (e.g., police officer).
- Part-time: 4 business days and 3 days off or different.
- Flexible schedule: the start, completion and duration of the work is entirely determined by agreement of the parties (for example, the seller of an ice cream point will work differently on weekdays and holidays), and weekends - according to a rolling schedule.
- Shift: usually installed at manufacturing enterprises, factories: the first shift (from 7 to 15), the second (from 15 to 23) and the third (from 23 to 7) alternate with weekends.
The regime must include: the length of the working week (5/2, 6/1, part-time or weekend according to the rolling schedule), the start and end times, breaks, the length of the working day (shift), the number of shifts per 24 hours, the alternation of workers and non-workers days, the question of the irregularity of working time in individual cases.
The mode can be changed on the initiative of:
- the employer;
- employee
- by agreement of the parties.
As you can see, the establishment of a clear work schedule is very important for both the subordinate and the management, since everyone needs to adapt to it in order to be in good shape and give excellent performance.
Therefore, a change in the mode of work at the initiative of the employer must be justified and meet all the requirements of the law.
Normative regulation
Labor rights in this area are regulated by the following acts:
- Constitution of the Russian Federation (Article 37);
- Labor Code of the Russian Federation (sixteenth chapter);
- Federal Law of July 27, 2004, On State the civil service of the Russian Federation ”(Article 45);
- local regulatory acts of organizations.
Duration of work
According to the law, the established working hours in our country are 40 hours per week.
The regulation of the time of work and rest during the day, breaks, the beginning and completion of work, night service and other nuances should be established by internal local acts of organizations, in some cases, by labor contracts.
The norm of working hours per month, based on the total duration of working weeks (40 * 4), is 160 hours.
At the same time, the law may establish a reduced time (for workers under 16 years of age, from 16 to 18, for disabled people, people employed in work with dangerous or harmful conditions), incomplete time (for example, for pregnant women).
The duration of the daily shift is also determined in the Labor Code of the Russian Federation and directly depends on the employee's belonging to one or another category.
In general, the labor regime should be built on the basis of the principle of observing the rights and interests of both the employee and the manager.
Shift work
At the level of the law, such a concept is reflected in Art. 103 of the Labor Code of the Russian Federation. With such employment, each of the groups of workers works in a certain period of time - a shift (for example, from 7 to 15, from 15 to 23, from 23 to 7).
Such a schedule is necessary in enterprises with a continuous production process (on conveyors, production lines, in medical institutions, etc.) in order to increase the efficiency of use of equipment, to increase the volume of products, etc.
The law prohibits labor for two shifts at once.
The schedule of work shifts must be communicated to the employee in advance, not later than a month before the day of introduction.
Changeable and flexible schedule: is there a difference?
Many managers often find it difficult to assign work schedules to one of the above. This is very important, since the order of changing the work regime at the initiative of the employer, determined by law, will depend on it.
Shift work, as indicated above, includes a schedule where each shift is no more than 8 hours (from 7 to 15, from 15 to 23). It can be increased to 10 or 12 hours, but in this case the weekend will not coincide with the calendar.
What is a 3/3 work schedule? This mode can be attributed to the working week with a "moving" weekend. However, for the lack of sufficient legal knowledge, such a schedule is usually referred to as shift.
A similar example can be given with the 4/4 work schedule, where traditional weekends will sometimes be replaced by weekdays.
At the same time, reckoning such operating modes as replaceable, the head must remember the following requirements of the Labor Code of the Russian Federation:
- labor for two consecutive shifts is not permitted;
- if the “shift” worker did not go out, fell ill, walked, etc., then the laboring day was no longer possible to put on another shift;
- night work (from 10 pm to 6 am) is paid higher;
- night shift is reduced by an hour without working out.
If a working schedule with a moving weekend is set, then these conditions, in addition to increased payment for night hours, do not apply. That is why this mode is the most beneficial for organizations.
Introducing a flexible schedule, the manager must determine the date of transition to official duties and completion of work of each of the employees, the date of their entry into the service. The specified regime, as well as changes in it, must be communicated to the workers in a timely manner. This term, unlike the shift regime, is not indicated in the law, but it is better if the employer writes it in local regulations (for example, for one month).
It is precisely for a flexible regime that it is characteristic and convenient to use the summarized accounting of labor time provided for in the Labor Code of the Russian Federation. Otherwise, the requirements on the legal length of working time and rest, the norm of working hours per month will not be respected. Accounting can be carried out monthly, quarterly or in accordance with another time period, but not more than a year.
And what is a day-night-48 schedule? Some people think they will have to work around the clock. In fact, this wording usually means the following schedule with moving weekends: the first day - 12 hours during the day, the second day - 12 hours at night, then 2 days off and the same thing again.
Irregular schedule
Such a regime is usually introduced not for the whole organization, but only for a few people, as their work requires. It turns out that everyone works on a five-day day with work beginning at 8 in the morning, and some people work according to an irregular schedule, for example, 5 hours in the morning, 3 hours in the evening, etc.
Such a regime is not identical to the concept of “overtime”. With all the irregularities, the employee should not process more than the established norm of hours.
This mode has its own distinctive features:
- The employee is obliged to leave at the first request of the manager, the latter will not each time ask for the consent of the former so that he fulfills his duties (consent is given once and is reflected in the employment contract).
- Refusal to work can be regarded as a refusal to perform labor duties.
- The limits for restrictions on the length of the working day are reflected in the PTR and the employment contract.
- To work in this mode, the employee is not involved every day, but occasionally.
- Such a schedule is not a basis for assigning additional duties to a worker not prescribed in the job description.
- In compensation, the employee receives three additional days to leave.
Change in work regime
The transition to a different work schedule is a change in the necessary conditions of the employment contract.
The law provides that the manager cannot, contrary to the consent of the worker, change the terms of the contract.
By virtue of Art. 72 and 74 of the Labor Code, the schedule can be changed in the following ways:
- at the request of the employee;
- by agreement of the parties;
- at the initiative of the employer.
If the change occurs by mutual agreement of the parties, it is necessary to have a condition on the operation mode in the contract. In this case, you can simply sign an additional agreement to the existing contract.
In this case, it is possible to change the operating mode on the initiative of the employer, but only for good and justified reasons, for example, due to a change in the nature of the activity, the presence of a large volume of orders in processing, the reorganization of the company, etc.
If the operating mode is not generally outlined in the labor contracts, but in the internal documentation of the company, for example, in the labor regulations, then the procedure for changing the regime will be somewhat different (with the consent of the workers):
- It is necessary to inform employees and obtain consent.
- To prepare a new edition of the local act on labor regime.
- Conclude an agreement with each of the workers who are affected by this regime.
This method is convenient for the employer in that employees can not explain the reasons for the transition to a new work schedule, since they all do not mind.
When workers refuse
In the event that employees do not agree to a change in the labor regime, the following scheme should be followed:
- Form an order to change the working hours with justification of the reasons.
- Give workers two months before the start of the establishment of the new rules a notification of changes, which indicate the reasons for the innovations.
- With the consent of the workers to the new conditions, sign additional agreements to the contracts.
If one of the employees writes a waiver of the new conditions, then first he should be offered the available vacancies that correspond to the knowledge and qualifications of the employee. If there is no such work or the employee refuses it, on the basis of Art. 77 of the Labor Code of the Russian Federation, he can be dismissed as "having refused to work due to a change in the terms of the employment contract."
The provisions of the law allow the employee to terminate the employment contract earlier.
Therefore, the most common reasons for changing the mode of work on the initiative of the employer are innovations in the field of technical conditions of work and restructuring of the organization (the list is open). Moreover, one of the indispensable conditions is the impossibility of maintaining the provisions of the agreement in its original form.
If the reasons for the changes can lead to numerous dismissals of workers, then the leader, with the consent of the trade union, can organize a regime of part-time or a week of up to 6 months.
If the employee refuses and from such a work schedule, he may be dismissed under Art. 81 of the Labor Code of the Russian Federation to reduce.
Change shift schedule
When introducing a new regime in a shift schedule, one should rely on the same rules and general provisions of the labor legislation of the Russian Federation as described above. The manager needs to familiarize the employee with the relevant order for signature or send notifications with the necessary information. If the employee agrees, enter into an additional agreement.
When there is a redistribution of workers by shifts, such a procedure does not need to go through. It is only necessary to approve the new schedule and familiarize the employees with it 1 month before the start of its operation. If you change the shift schedule, you do not need to conclude an additional agreement to the labor contract, since the alternation of shifts is not reflected in the contract.
Is it possible to change the work schedule 3/3 in this way? As mentioned above, it is more correct to attribute this mode of work not to a shift schedule, but to a flexible one with sliding weekends. Therefore, it is possible to change the specified schedule at the will of the employer if all of the listed conditions of the law are met and duly executed. Similarly with the work schedule 4/4.
Documentation Features
In such a significant process as changing the labor regime, it is important that all legal requirements are correctly documented. Otherwise, the employer may face legal proceedings, and the employee, with management errors, will be able to claim victory in reinstatement and compensation.
Let’s take a closer look at how the process of changing the operating mode takes place.
First of all, an appropriate order is issued to change the time of labor, which should contain the following points:
- Company name;
- date of compilation;
- number;
- heading
- the main part;
- employer signature;
- approval marks.
The content of the order should contain:
- reasons for changes;
- detailed description of the new work schedule;
- innovation period;
- an order to warn employees about changes within the statutory period.
The order and all documents published on its basis must be drawn up in writing.
Moreover, if nevertheless the employee does not agree to the new conditions, and also refuses the proposed vacancies, when he is dismissed under Art. 77 of the Labor Code of the Russian Federation, it is necessary to remember the provisions of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 2004 No. 2. When resolving such legal disputes, the employer has the burden of proving the circumstances that there were good legal grounds for changing the terms of the contract, and also that it was not possible to leave them unchanged form.
Thus, whichever mode of operation in accordance with Art. 100 of the Labor Code of the Russian Federation has not been established for an employee; his conditions must always comply with the law. The law gives the employer a fully justified right to change the work regime, so that it would benefit the technological process and the entire enterprise. In this case, it is necessary to fix all the moments in writing, observing the deadlines established by law, since the most extreme measure in case of disagreement of an employee with innovations is his dismissal.