Changing the operating mode how to arrange. How to change the work schedule at the enterprise within the framework of the law. Form and legend

As a rule, when applying for a job, the employer and the employee negotiate all the working conditions and fix them in an employment contract, the presence of which is provided for by the labor code. According to the law, the contract must contain the following information:

• data about the parties (employee and employer);
• place of work;
• labor function of the employee;
• the date when the employee starts work;
• date of completion of work (only if a fixed-term contract was concluded between the employee and the employer),
• terms of payment for work;
• the mode (schedule) of work and rest of the employee;
• the nature of the work to be performed by the employee;
• working conditions at the workplace.

In addition, additional conditions may be specified in the contract, but only if they do not contradict the law.

Change by the tenant of the terms of the contract

Sometimes it happens that the employer needs to change the work schedule - but can he do this without the employee's consent?

According to the current legislation, namely, Article 72 of the Labor Code of the Russian Federation, changes in the terms of the contract are allowed only with the consent of the employee, drawn up in writing - otherwise, the actions of the employer will be illegal and he may be held liable. But, at the same time, in Art. 74 of the Labor Code of the Russian Federation there is a clarification that in some cases the employer has the right to change the conditions in the contract without agreement with the employee, but only if this is associated with a change in the technological or organizational working conditions and with the preservation of labor functions.

Do you have a question related to the change in the work schedule at the enterprise? If you can't do without changes, then you need to think about how to solve the issue correctly. It is the employer who must make sure that the change in working hours takes place in strict accordance with the norms of labor legislation. Otherwise, you can provoke legal proceedings from disgruntled staff.

There are many reasons that provoke an employer to change the work schedules of employees. These factors include the expansion of production, the introduction of new production technology, a change in the profile of the company.

Attention! When the enterprise switches to a round-the-clock operating mode, it is necessary to define a new operating mode of departments, change the work schedules for employees + introduce shifts.

The general procedure provided for by the Labor Code (Labor Code) of the Russian Federation (Russian Federation), any changes in labor relations can be made only by agreement of the parties. But the employer retains the right to unilaterally regulate issues related to changing the work schedule. You can crank up such an operation if you follow the recommendations of specialists in the labor industry.

What you need to know if you are an employer

If necessary, employers have the right to regulate the conditions specified in the employment contract. He can unilaterally change the mandatory, indirect conditions. The rules that specifically relate to the labor function of employees are not subject to correction.

Circumstances in which the employer has the right to make changes in the work of the enterprise, as well as in the personnel schedules:

Changing technological conditions;
change in the organizational structure of work.

These circumstances include the restructuring, reduction or expansion of staff, the introduction of new technologies, etc. More details about the reasons can be found in Art. 74, where this moment is specified in the first part.

Important! In the TC, only a few variations are spelled out, in which the work of the enterprise can be changed. These are issues related to the modification of technological and organizational forms of labor. The law does not limit this list, which leaves the employer with the opportunity to look for other reasons to change the work schedule of the enterprise.

In the resolution of the Plenum of the Supreme Council ( Supreme Court) "On the application by the courts Russian Federation Labor Code Russian Federation ”provides another option that can be used as a basis for changing the work of the enterprise - the improvement and modernization of workplaces after their certification.

Not forget!

1. Remember that the upcoming changes will be painless for the company, do not affect your reputation, you need to take into account the opinion of the representative body of employees. It is imperative to consult with representatives of the labor collective if you plan to make changes to the Internal Rules, expecting changes in labor conditions in matters of working time.

2. Please note that the list of technological changes, on the basis of which a unilateral change in working conditions can occur, can be supplemented with one more item - restructuring, modernization of production. It could be the introduction of a new technological process, launching innovative equipment, changing the rules for using working equipment.

3. Organizational changes include such circumstances as the introduction of shift work into practice, the redistribution of tasks between departments (workshops), changes in the rationing and payment of labor activity. This category includes all the reasons due to which the employer is forced to change working conditions. So, the owner of the enterprise has a forced need to change certain conditions of the employment contract, how should he proceed further?

1. The employee refuses to accept the notice of the need to change the working regime of the enterprise, then be sure to draw up an act confirming this circumstance.

2. The second step of the employer is to issue an order to change work schedules. The document should contain information:

Reasons for changes;
new working conditions;
date of implementation of the new schedule;
other standards of interest to personnel.

3. Issue of an order, which amends the Internal Regulations in Labor Issues.

Attention! Since the internal labor schedule is approved taking into account the proposals and opinions of the representative body of the labor collective, then changes in the Rules should again take into account the opinion of the representative from the employees. It is this procedure for making changes that is provided for by the Labor Code, Article 372.

4. Notification of employees about the upcoming changes, the reasons for the innovations should take place in writing. The law defines a monthly period for informing staff. The employer has the right to choose the method of notification.

Method number 1. Familiarization with signature. A printed order with the text on the need to introduce a new work schedule and the reasons for this innovation is presented to the employee for review. The employee who has read the order puts the stamp “Familiarized” and the signature + the date of familiarization. This number will be the starting date for informing the staff.

Attention! Force employee to continue labor activity it is impossible under the new conditions.

Method number 2. Personal written notices. It should be noted right away that there is no single standardized form for this kind of notification. The employer needs to independently compose the text of the introductory letter, be sure to indicate the reason for changing the work schedule of the enterprise in general and employees in particular. Be sure to also indicate the date of the innovations.

Another important point, you need to inform the employee that in case of his disagreement with the transition to the new schedule, the employer will be forced to terminate the employment relationship with him. The person must confirm the fact of delivery of the acquaintance letter with a corresponding mark on the employer's copy.

Delivery mark - the ability to control the number of people familiar with the innovations and a certain guarantee of action within the right margin. You will be able to avoid disputes related to the violation of the term for familiarizing the staff, since a stamp with the date of delivery of a copy of each employee will be kept by you.

The fact that the letter of acquaintance is drawn up in two copies can be found from Art. 77 TC, paragraph 7 of the first section. The terms that are given for familiarization are regulated by Art. 74 TC.

Further actions of the employer will depend on the employee's reaction.

If the employee agrees to the new schedule

All employees who have accepted the new working conditions are subject to an additional agreement to employment contract... This document should take into account all innovations, the date from which they will take effect. it supplementary agreement drawn up, signed in duplicate. The fact that the employee has received his copy of the agreement, he must register on the copy of the employer.

Additional agreement is the basis for issuing a new order. With this order, the employer changes the working hours. The law does not provide for a clearly defined standard that the order must comply with. A document is drawn up in any form. This order is submitted to the employee for review against signature.

If the employee does not agree with the innovations

It is the employer's responsibility to offer employees all the vacancies that he has in a particular region. The requirements for these vacancies are spelled out in Part 3 of Art. 74 of the basic law in the labor sphere. To offer vacancies in other regions, he is obliged, if such an obligation is stipulated by an employment contract or collective agreement.

So, the employee does not give his consent to continue the working relationship in new working conditions... The employer needs to notify the employee in writing about the availability of those positions that may suit him. You can offer the vacancy that matches the specification, qualifications and level of payment of the person.

If there is no such position, then you need to advise the vacant job. The position may be lower in rank or pay, but familiar and doable to the employee. The state of health, qualifications of personnel are taken into account. So, if, for example, one store switches to a round-the-clock operating mode, then the employer can offer the seller to switch to another. point of sale with an acceptable schedule for the employee (if there is such a point of sale).

Summary

So, let's summarize. The employer has the right to change the work schedule of employees if, due to new organizational or technological changes, the previous conditions cannot be maintained in the company. The procedure for this procedure is established in Art. 74 TC.

If the employer cannot offer a vacancy to the employee, or the person does not agree to work on new conditions, then the employment contract will be terminated in accordance with the terms of Art. 77, item 7 of the first part of the Labor Code. This is the employee's refusal from the newly introduced or changed terms of the employment contract.

If the employee is dismissed on the basis of Art. 178, part 3 of the Labor Code, the employer is obliged to pay him an allowance, the amount of which should be equal to the average two-week earnings.

The action according to the specified scheme will help the employer to avoid claims and legal proceedings. The law provides for the possibility of making changes unilaterally. You have the right to use it, just be sure to coordinate the innovations with the body representing the interests of the labor collective. Do not forget also about the terms that are given to you for informing the staff. In order to avoid complaints from employees, provide them with a written version of the order.

The financial crisis has created serious problems for employers. In the current realities, many managers are thinking about a more rational allocation of resources for their effective use.

Dear Readers! The article talks about typical solutions legal issuesbut each case is different. If you want to know how to solve your problem - contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It is fast and IS FREE!

So, in order to save money, technological and organizational working conditions are changing. For example, the employer approves all or some of the employees or working week... The need to perform such actions may be caused by other problems or tasks of the employer.

The change in the working time regime is formalized in two ways: by the decision of the parties or unilaterally by the employer, if there is a legal basis for such operations. The procedure itself will depend on which of these options is valid in a particular case.

What does the law say?

Main legal actwhich regulates this question - Labor Code of the Russian Federation. It approved the main points regarding the working period regime.

In addition, this codified act enshrines the right of the employee and the employer by agreement to change it. The Labor Code of the Russian Federation lists the reasons for a one-way conversion of the operating mode.

In the Labor Code of the Russian Federation, the working period is regulated by Art. 100. Clause 15 of this provision approved the 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.

In paragraph 16 of Art. 100 of the Labor Code of the Russian Federation, the process of transformation of the working period regime is determined by the decision of the parties. You can do this at any time.

Transformations can affect the moment the working day starts, or the whole regime.

The law allows a situation when these changes are made by the decision of the employee, including. This is possible in situations approved in Art. 93 of the Labor Code of the Russian Federation. The employer can take the initiative to change the working day in the cases approved by Article 74 of the Labor Code of the Russian Federation.

When is it allowed?

A change in the working period by the decision of the parties is permitted in all situations. The employee and the employer sign an additional act, which acts as an integral part of.

Also, the law analyzes two more situations:

• change initiated by the employer;
• transformation initiated by the employee.

Grounds and reasons

All the reasons for the transformation of the working period can be classified depending on the person who is the initiator of such transformations.
Above, we have determined that change can be made at the discretion of the parties. In such a situation, the reasons are not identified.

A contract is a free document that defines the terms of interaction between an employee and an employer. If it contains provisions that do not contradict labor law, then it is recognized as valid. Accordingly, the employee and employer are not limited in their ability to transform the order of interaction with each other.

Also, the basis for the transformation of the working period is the initiative of either the employer or the employee. Let's consider the reasons for making this decision in more detail.

Employee initiative

When can an employee take such initiative? Similar situations defined in Article 93 of the Labor Code of the Russian Federation.

For example, a parent of a child under 14 years old (if the child is disabled, then until the age of majority), as well as an employee who takes care of an unhealthy family member in accordance with the doctor's prescription, can apply for a change.

Employer's initiative

In accordance with current legislation, the employer has the right to change any terms of the employment contract, with the exception of those that affect labor operations performed by the employee.

Accordingly, he can transform the working period of his employee. The reasons for such an operation are approved in the Labor Code of the Russian Federation - the transformation of organizational or technological working conditions, for example, product creation technology, innovations in technology, etc. In accordance with Part 1 of Article 74 of the Labor Code of the Russian Federation, this list is open.

The legislator does not name all the reasons that may be sufficient to make such decisions. Accordingly, the list is open and subject to broad interpretation.

Agreement of the parties

The decision to change the working time is made by agreement of the parties.

Both the employer and the employees can take the initiative, but the final transformations will be possible only with a mutual decision.

Duration

Working time is the number of hours during which an employee performed his labor function. This indicator in normal form is 40 hours. This norm is for all employees, except for those who are provided with a reduced duration of the working period, for example, for.

If the employee works more than 40 hours / week, then this period must be paid as overtime.

These situations need to be distinguished from employee approval cases. In such a situation, a person is occasionally involved in performing job responsibilities outside the normal working period.

As compensation, he receives 3 additional days to.

Temporary

Changing the working hours may be necessary for a short period. For example, for the summer, this is very important when employees go on vacation and need to be replaced.

Several situations are possible here:

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

Permanent

Permanent conversion of the working period mode is performed in general order... Depending on the specific situation, transformations can be made in contract of employment and internal labor regulations - a local document adopted at the enterprise.

The reason for making such a decision has its own role. Thus, the need to obtain the consent of the employee or employer will be determined.

Features of changing the working hours

Features of the conversion of the mode are determined by the method of its fixation in documents.

Three situations are possible:

• working hours are approved in the employment contract and do not coincide with those established in the internal rules work schedule (PVTP);
• the regime is not enshrined in the employment contract, since it is identical to that approved in the PVTP;
• the regime is enshrined in the employment contract, and in the PVTP, and it is the same.

Despite the fact that the employer, at his discretion, can change the PVTP when the representative body of workers does not operate at the enterprise, these provisions do not apply to the working hours.

Here, employees are also able to influence this condition when there are no grounds for their unilateral change by the employer.

How to change? General rules and procedures

Changes to the working period schedule are made in different ways depending on the basis for the implementation of such transformations.

So, if the transformations are made by mutual decision of the employees and the employer, then it is necessary to draw up new additional agreements. They may differ depending on the procedure for approving working hours in the documents of a particular company.

If changes are made to the PVTP, then an order is issued to carry out the corresponding actions, then an agreement is drawn up.

The new regime will be in effect for the employee from the date of signing the additional agreement. This is very important, especially when the transformation involves more than one employee.

Thus, innovations may not affect different employees at the same time.

If the regime is established by an employment contract

If the parties do not object to the changes, then it is enough to draw up additional agreements. They prescribe the item to be changed, as well as its new edition.

Such an agreement is signed by both the employee and the employer.

If employees do not agree, then the transformation procedure will look like this:

• the employer issues an order to change the regime;
• employees must be familiarized with the order against signature;
• further, employees either sign an additional agreement, or the employment contract with them will be terminated.

If the regime is established by internal regulations

If the working hours are approved in the PTP, the conversion procedure will be carried out in the following order:

• approve local act in new edition (with a modified regime) by issuing a head;
• conclude agreements with employees on their consent to the changes. The text indicates the names and titles of all employees who expressed their approval in relation to the transformation; the agreement must be drawn up in sufficient quantity to be handed to all employees, plus one copy for the employer.

Employee initiative

If the employee has grounds for changing the working time, then he / she sends an application to the employer - memo... The relevant document is considered by the head of the enterprise and a decision is made on it.

If the employee has sufficient grounds to change the working period and provided proof of the objectivity of these reasons, for example, documents, then the employer cannot refuse him. This is directly stated in Art. 93 of the Labor Code of the Russian Federation.

Violation of this rule may become the basis for filing a complaint with labor inspection or the prosecutor's office.

Statement (sample)

The application is submitted by the employee if there are grounds for changing the working hours. A document is attached to it, which proves the reality of certain reasons indicated in the text by the employee.

In the application, you must write the current working hours and the one to which the employee wants to change it. The appeal is submitted to the name of the head of the employing enterprise.

Example:

Order (sample)

If the employee is approved for part-time work, an order is issued. It prescribes the basis, term, and working conditions.

The employee must be familiarized with the order against signature.

Example:

After the order is issued, an additional agreement must be drawn up. It is also signed by the employee and employer.

The supplementary agreement serves as an integral part of the employment contract. It indicates the date of entry into force of the changes, as well as the text of the transformation and the number of paragraphs in which they will be included.

One of the copies is given to the employee and the other to the employer.

Example:

Agreement of the parties

The decision to change the working hours can be made by the parties to the employment relationship by agreement. In such a situation, it is easiest to arrange such transformations.

The parties express their approval by signing an additional agreement to the employment contract.

This act reflects the text of the transformations, as well as the date of their entry into force.

So, it must contain the following information:

• the names of the parties to the contract;
• the item that is subject to change;
• its new edition;
• the moment the agreement comes into force;
• details of the parties.

Employer's initiative

We have already mentioned the reasons for which the employer has the right to unilaterally decide on the need to change the working hours. In such a situation, workers tend to express their opposition to the transformation.

That is why it is necessary to carefully follow all the instructions of the legislator.

In case of violation of the procedure for carrying out the procedure, adverse consequences for the employer may occur.

Notice (sample)

All workers affected by the change must be notified accordingly.

This fact is confirmed by their painting. If the employee refuses to receive a notification, then this circumstance should be recorded in an act.

In such a situation, notification is sent by mail with acknowledgment of receipt.

Example:

Order (sample)

An order in the process of changing the mode is issued in 2 cases:

• the need to make adjustments to the PVTP;
• the employer makes changes unilaterally.

In the first case, the order is necessary, since it approves the fact of making changes to the local act.

It indicates the reason for the transformation - the need to transform the working hours. Also, the head makes an order - to approve the PVTP in the new edition and conclude appropriate agreements with employees.

In the second case, the order to change the working time regime must necessarily indicate the reason for the unilateral change in this condition. It also contains the text of the transformations.

If the working hours are approved in the PVTP, then in this order you can make an order to amend the local act.

Example of order:

Additional agreement (sample)

The supplementary agreement is approved according to the general procedure. The document itself is drawn up according to the same rules that we discussed above.

If workers disagree

If the employees still do not agree to carry out their labor function in the new conditions, then they will be offered vacant positions at this enterprise.

However, such contracts also involve payment by the employer. And in your situation it is legally impossible due to the lack of such individuals. licensees for medical activity, and upon the fact of working in a position, such an agreement can be retrained into a labor one. Thus, if employees refuse to voluntarily change the work schedule, then other ways of attracting them to additional work involve financial costs from the employer. Note: If an employee works in his main job and part-time, 2 employment contracts are concluded with him (for the main job - one contract; part-time - the second contract), in the work schedule within the time norms established for the position, such an employee is indicated twice: how main employee and as a part-time worker.

Changing the working hours

In the column "the basis of the order" indicate the exact wording from paragraph 7 of Article 77 of the Labor Code. After signing, the order and the employee's personal file are kept in the archives of the personnel department for 75 years. In the final settlement with the employee except wages and compensation for uncleared leave must include severance pay in the amount of average income for two weeks.
This minimum payment is guaranteed by Article 178 of the Code, however, it is possible that the manager may agree on a larger amount of the benefit. Agreement of the parties is a termination option that can be beneficial to both parties to the employment relationship in the following situations: Agreement of the parties

• The need to quickly implement changes. The agreement will help save time by agreeing on the nearest date of separation, guarantee payments and recommendations.

Menu

Employees are familiarized with the shift schedule on a monthly basis, respectively. In a number of cases, it becomes necessary to amend the approved and agreed shift schedule, for example, when one of the employees is fired or when one of the employees was given an unplanned leave, the employee fell ill, etc. By general rule changes in the shift schedule will be drawn up in the same order as the schedule itself, i.e.
in compliance with the approval, agreement and notification procedures. Employees must be familiarized with them against signature. If the employee is not notified in writing about the change in the work schedule (shift), but is done orally, he may not go to work as it should be according to the changed schedule. In this case, the employer has no right to involve the employee in disciplinary responsibility for absenteeism.

Change of shift schedule

Sample 2 Response of an employee about her consent to a temporary change in the operating mode Example 2 Let's continue with example 1. L.I. Parusova received a notification from her employer about a temporary change in her work schedule. In what form should she give him her answer? Solution The employee sent a written response to the employer in the form of an application (see.

sample 2).

Additional agreement on changing the terms of the employment contract After sending the employee a notification and obtaining his consent, expressed, for example, in a statement, the employer must first conclude an additional agreement with the employee to the employment contract. Example 3 Let's continue examples 1 and 2. L.I. Parusova works part-time. Due to operational requirements, she agreed to work full-time from September 15 to October 15, 2014.

It is necessary to draw up an additional agreement to the employment contract with the employee.

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

Either it will be a signature of the employee and an indication that he is familiar with the following RVV: start of work ... .., end of work, ...., break time ... ..., timetable for starting work ... .., or would like to receive practical advice... svat 2014-12-10 08:43 excuse me - РРВ Chitatel1 2014-12-10 11:26 Every month the employer must familiarize employees with shift schedules, i.e. now it's December, you are making a schedule for February 2015. You can find many samples of shift schedules on the Internet, so you don't need to invent anything, do the same. Why don't you want to indicate the work schedule in the employment contract? Suppose you come to find a job, you are introduced to the PTP, which says that several work schedules have been set for a plumber, how will you determine which of them you will work on? It turns out a lottery ...

Changing the working hours at the initiative of the employer

The notification must indicate: - the reason for the temporary change in the employee's work schedule; - the rights and obligations of the employee during the notice period; - the term by which the employee must make a decision; - the consequences of the employee's consent or refusal to continue working in the new conditions. This will help avoid labor disputes in the future. If the employee, for any reason, does not agree to change the work schedule, the employer may offer him another job (a vacant position corresponding to the qualifications of the employee, or a lower position, or a lower-paid job), which the employee can perform taking into account his state of health (part 3 of Art. . 74 of the Labor Code of the Russian Federation). If there is no other job or the employee refuses to do it, the employment contract is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code.
This procedure is established in part 4 of article 74 of the Labor Code.

8 mandatory details of the order to change the work schedule at the enterprise

One of the copies is given to the employee and the other to the employer. Example: Agreement of the parties The decision to change the working hours can be made by the parties to the employment relationship by agreement. In such a situation, it is easiest to arrange such transformations.

The parties express their approval by signing an additional agreement to the employment contract. This act reflects the text of the transformations, as well as the date of their entry into force. So, it must contain the following information:

• the names of the parties to the contract;
• the item that is subject to change;
• its new edition;
• the moment the agreement comes into force;
• details of the parties.

Employer's initiative We have already mentioned the reasons why the employer has the right to unilaterally decide on the need to change the working hours.

Is it possible to temporarily change the work schedule due to production needs?

Attention

Working hours and rest hours are one of the mandatory conditions of an employment contract provided for in article 57 of the Labor Code. The employer can change the working hours for an employee: - either with the consent of the employee - in the manner prescribed by article 72 of the Labor Code. In this case, you need to draw up an additional agreement to the employment contract and issue an order; - either unilaterally, by notifying the employee in writing two months in advance, indicating the reasons for the need for the change, - in the manner provided for in Article 74 of the Labor Code.

We will unilaterally consider the documentary registration of the change in the working hours in more detail.

Important

The text indicates the names and titles of all employees who have expressed their approval in relation to the transformation; the agreement must be drawn up in a quantity sufficient to be handed over to all employees, plus one copy for the employer. Employee's initiative If the employee has grounds for changing the working time, he sends the employer a statement - a memo. The relevant document is considered by the head of the enterprise and a decision is made on it. If the employee has sufficient grounds to change the working period and provided proof of the objectivity of these reasons, for example, documents, then the employer cannot refuse him.

This is directly stated in Art. 93 of the Labor Code of the Russian Federation. Violation of this rule may become the basis for filing a complaint with the labor inspectorate or the prosecutor's office.

Production need to change the work schedule for a month

This can include the restructuring of the branch network, the renaming of a division associated with new or additional functionality, a change in the task and type of activity of the division.

• Technological means attracting new equipment, automating some functions, reducing the time spent on manufacturing process, change in the method of work associated with the characteristics of the new product.

Example: the head of a legal center providing a citizen consultation service has decided to switch to a continuous mode of operation. This became the organizational reason for starting the procedure for changing schedules. Example: the plant installed a new technological cycle for processing sunflower seeds, as a result of which the time of one of the production stages was reduced. This became the technological reason for the change in the work schedule of mechanics and apparatchiks.