Flexible working hours. What are the features and how to install? What does a flexible work schedule mean according to the Labor Code of the Russian Federation? In the flexible working time mode, the beginning is determined

New edition of Art. 102 Labor Code of the Russian Federation

When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.

The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others).

Commentary on Article 102 of the Labor Code of the Russian Federation

The use of flexible working hours occurs in cases where, for some reason (domestic, social, etc.), the further use of regular schedules is difficult or ineffective, and also when this ensures a more economical use of working time.

According to Article 102 of the Labor Code of the Russian Federation, by agreement of the parties to the labor relationship, a flexible working time regime can be established, within the framework of which the start and end times, as well as the total duration of the working day, are determined.

A flexible working time regime is a form of organization of working time in which individual employees or teams of an organization are allowed (within established limits) self-regulation of the beginning, end and total duration of the working day. When using the regime, it is mandatory to fully work out the total number of working hours established by law during the accounting period (working day, week, month, etc.).

The components of flexible working time regimes and schedules are:

1) variable (flexible) time at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion;

2) fixed time - the mandatory time at work for all those working on a flexible time schedule in a given division of the enterprise. This is the main part of the working day;

3) a break for food and rest (its actual duration is not included in working hours);

4) the duration (type) of the accounting period, which determines the calendar time (working day, week, month, etc.) during which the employee must work the standard working hours established by law.

The following main options for flexible working time regimes are possible depending on the length of the accounting period:

1) an accounting period equal to a working day - when its duration established by law is fully worked out on the same day;

2) an accounting period equal to a working week - when its duration, established in working hours, is fully worked out in a given working week;

3) an accounting period equal to a working month - when the established monthly standard of working hours is fully worked out in a given month.

In some cases, a working decade, a working quarter with similar working conditions, as well as other options for flexible working hours that are convenient for the organization and employees can also be used as an accounting period.

Records of the time worked by each employee are kept by department heads, foremen, foremen or specially designated employees. In this case, a variety of accounting methods and means are used; in some cases, records are made in special cards or journals, in others, individual time counters or clocks are used.

The accounting period in most cases is set weekly or monthly, sometimes quarterly. During this period, an employee working on a flexible schedule must work the working hours established by law.

A flexible work schedule is used not only in individual, but also in team forms of work organization. In such cases, the team allows individual workers, depending on their individual needs for free time, to start and end the working day at an earlier or later time.

The introduction of a flexible work schedule in teams or permission to work according to such a schedule for individual employees is formalized by orders of the employer.

Another comment on Art. 102 of the Labor Code of the Russian Federation

1. In modern economic conditions, characterized by the use of high technologies, an increase in the cost of fixed production assets and labor, greater flexibility in the operating mode of equipment and personnel was required. This task is met by working time regimes based on the uneven distribution of labor over individual days, weeks, and months. Such regimes are called flexible working hours. The applied flexible working time regimes are very effective and take into account the interests of both parties to the employment contract.

2. Part 1 art. 102 of the Labor Code of the Russian Federation establishes that when working in flexible working hours, the beginning, end of the work shift, and the total duration of the working day are determined by agreement of the parties to the employment contract, which corresponds to the rule of Part 1 of Art. 100, according to which the working hours in certain cases may be established by an employment contract. As follows from Part 2 of Art. 102 of the Labor Code, the flexible working time regime is a special case of a working mode with summarized accounting of working time (see Article 104 of the Labor Code of the Russian Federation and the commentary thereto).

3. One of the forms of flexible working time that has become widespread in our country is the so-called sliding or flexible work schedule. This form of labor organization assumes that self-regulation of the beginning, end and total duration of the work shift is introduced within certain limits for individual employees or teams of organizational units. Flexible work schedules can be used for both five-day and six-day work weeks, as well as other work modes in organizations in various sectors of the country’s economy.

A sliding (flexible) schedule assumes that the organization establishes a fixed time - a period when employees must be at the workplace, and variable (flexible) time at the beginning and end of the work shift, within which employees have the right to start and finish work at their own discretion. discretion. The maximum permissible shift length when using a flexible schedule is 10 hours. In exceptional cases, the length of time spent at work (including rest breaks) is allowed within 12 hours. For all variants of regimes with flexible working hours, the established norm of working time must be fully worked out during the accounting period (Recommendations for the use of flexible working time in enterprises, institutions and organizations of sectors of the national economy were approved by the Decree of the State Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated May 30, 1985. N 162/12-55).

Publication

A flexible working time regime is established in cases where, due to production conditions, it is impossible and impractical to establish a working day of normal duration. Its essence is as follows: the daily routine in the company ceases to be rigid; the employee, based on the tasks that confront him, has the right to plan the time of his working day or working week. Examples of this approach include: combining home and office work; obligatory appearance of the employee on a certain (appearance) day; the ability to vary the time of arrival and departure from work.

Working hours can only be established by internal labor regulations; therefore, for employees with an individual regime, it is established by an employment contract.

A clear definition of the flexible time regime is given in the current Recommendations on the use of flexible working time regimes at enterprises, institutions and organizations in sectors of the national economy (approved by Resolution of the USSR State Labor Committee No. 162, All-Union Central Council of Trade Unions No. 12-55 of May 30, 1985): form of organization of working time, in which self-regulation of the beginning, end and total duration of the working day is allowed (within certain limits) for individual employees or teams of departments of the enterprise.

When using the flexible working time regime, the time worked by the employee is taken into account according to the rules of Art. 104 of the Labor Code of the Russian Federation, i.e. in total for the accounting period. In addition, various periods are provided: from one working day to a month and a quarter. The maximum accounting period is one year.

Please note that the Labor Code of the Russian Federation does not contain universal step-by-step instructions for applying a flexible working time schedule.

Documenting

A flexible working time schedule can be set for any employee at his request or with his consent. If the company has decided to establish a flexible working time regime for some employees or departments, it is necessary to issue a corresponding order (instruction) to change the operating mode at the enterprise, and then formalize the application of flexible working time in employment contracts with employees (in relation to new employees, a condition on individual work schedule is initially included in the employment contract). This is the direct responsibility of the employer.

If the employee agrees with the new working conditions, then the time frame for introducing the new work regime can be significantly reduced compared to another possible situation when employees do not agree to the changes. In this case, the employer is obliged to notify each employee of the new work schedule in writing under his personal signature at least two months before the introduction of the new regime (Article 74 of the Labor Code of the Russian Federation).

In practice, a situation is possible when an employee refuses to continue working under new conditions. Then the employer must offer him another job at the enterprise, and if he refuses it or there are no positions with the old regime and qualifications suitable for the employee, dismiss him under clause 7, part 1, art. 77 Labor Code of the Russian Federation.

A separate administrative act approves the work schedules of various divisions of the enterprise, as well as the persons responsible for their development and control.

• fixed time when the employee is required to be present at work;
• variable (flexible) time at the beginning and end of the working day, within which the employee decides when to start and finish work;
• a break for food and rest, which is not included in working hours;
• the duration of the accounting period during which the employee must work the established standard working hours.

Working hours are recorded in time sheets in order for employees to comply with the established working hours, obtain data on actual working hours, payroll, and compile statistical reporting on labor.

In accordance with Art. 104 of the Labor Code of the Russian Federation, when performing certain types of work, when, due to production conditions, the daily or weekly working hours established for this category of employees cannot be observed, it is allowed to introduce summarized recording of working hours. Mandatory condition: the duration of working hours for the accounting period (month, quarter, etc.) should not exceed the normal number of working hours. When establishing a flexible work schedule, summarized accounting of working time is also used (Article 102 of the Labor Code of the Russian Federation).

Since the beginning, end or total duration of a working day (shift) under a flexible working time schedule is determined by agreement of the parties, the employer has the obligation to ensure that the employee works the total number of working hours during the relevant accounting periods. Such periods can be equal to:

• working day, when its duration established by law is fully worked out on the same day;
• a working week, when its duration, established in working hours, is fully worked out during a given working week;
• working month - when the established monthly standard of working hours is fully worked out in a given month.

If employees perform overtime work, hourly accounting of these works is kept in total in relation to the established accounting period, i.e., only hours worked in excess of the standard working time established for this period are considered overtime.

Payment is made in accordance with current legislation - in the amount of one and a half for the first two hours, falling on average for each working day of the accounting period, in double - for the remaining hours of overtime work. At the employee's request, overtime work, instead of increased pay, can be compensated by providing additional days of rest time, but the duration of this period must be no less than the time worked overtime.

Example 1

The organization has established a work schedule for some workers every other day. At the end of the month, employees revised their working hours. The established accounting period is one year. At the same time, at the end of the year, overtime amounted to 140 hours. Payment for overtime hours must be made as for overtime work. In accordance with Art. 99 of the Labor Code of the Russian Federation, overtime work cannot exceed 120 hours per year for each employee. Thus, the organization violates labor laws.

When performing work outside the organization (business trip, participation in meetings, conferences, symposiums, etc.), the flexible working time regime is not applied, and employees’ working hours are recorded as under normal work hours. When on a business trip, the employee is subject to the working hours of the enterprise to which he is seconded.

In practice, the introduction of summarized working time recording in an organization (or its individual divisions) occurs according to the following scheme:

• an order is issued to introduce summarized recording of working time;
• the internal labor regulations include the procedure for establishing a new form of recording working hours;
• a list of employee positions is approved for which summarized working time recording is introduced;
• employees who are included in the specified list sign the adopted local acts on the introduction of summarized accounting.

Under the flexible working time regime, wages are paid for actually worked hours based on the wage systems used in the organization. Wages for flexible working hours can be calculated based on an hourly wage rate or a monthly salary.

When an hourly rate is used to calculate wages, the hours worked by the employee are multiplied by the rate.

If the monthly salary is used for calculation and the monthly norm is worked in full, then the salary is equal to the monthly salary. When an employee has not worked his monthly quota, the monthly salary is generally divided by the standard number of working hours in a month and multiplied by the hours actually worked.

Hourly tariff rates or official salaries (depending on what the organization considers appropriate), elements of the remuneration system, tariff rates, salaries, bonuses and other incentive payments are established by a collective agreement or regulations on remuneration.

Since with individual work schedules the working hours are worked out in full, employees have the full right to receive social benefits and guarantees provided for by law. They should be provided with rest breaks during the working day (shift), daily (between shifts) rest, days off (weekly continuous rest), non-working holidays and vacations. The use of flexible working hours does not affect the calculation of seniority and other labor rights.

Example 2

The employee is provided with a summarized recording of working time. The accounting period is a quarter, the hourly tariff rate is 75 rubles. According to the shift schedule, he works every other day. In the first quarter, the employee worked: in January - 6 days (standard), in February - 6 days (standard - 7 days), in March - 9 days (standard - 8 days). The total number of hours worked in the first quarter corresponds to the norm.

The employee's salary was:

• in January - 10,800 rubles. (6 days x 24 hours x 75 rub.);
• in February - 10,800 rubles. (6 days x 24 hours x 75 rub.);
• in March - 16,200 rubles. (9 days x 24 hours x 75 rub.).

An employee's working time is taken into account cumulatively. The accounting period is a quarter. In March 2013, the employee worked not 17 shifts, as scheduled, but 16. Moreover, the shift is 10 hours, the official salary is 25,000 rubles.

For March, the norm was 170 hours. The hourly tariff rate is 147.06 rubles. (RUB 25,000: 170 hours). Salary - 23,529.6 rubles. (16 shifts x 10 hours x RUB 147.06).

By virtue of Art. 155 of the Labor Code of the Russian Federation, if the standard working time is not met during the accounting period, if it is not met through the fault of the employer, remuneration is made in an amount not lower than the average salary of the employee, calculated in proportion to the time actually worked. If labor standards were not met for reasons beyond the control of the employer and employee, the latter retains at least 2/3 of the salary - this amount is calculated in proportion to the time actually worked. In case of shortfalls due to the fault of the employee, payment is made in accordance with the amount of work performed.

Example 3

The enterprise uses summarized recording of working time with an accounting period equal to a quarter. The hourly tariff rate is 100 rubles. According to the schedule, in January 2013 the employee worked 150 hours. His salary was 15,000 rubles. (150 hours x 100 rub.). In February, the employee was on sick leave and worked only 145 hours out of 168 scheduled hours, so his earnings amounted to 14,500 rubles. instead of the possible 16,800 rubles. Thus, when applying a fixed hourly tariff rate, wages for each month correspond to the actual time worked.

Hiding flexible working hours

One of the typical negative consequences of hiding a flexible work schedule is the inability to bring the employee to disciplinary action, for example, to fire him for absenteeism. The fact is that in such a situation the employee is not legally familiar with the shift schedule. In other words, he is considered to be working during normal business hours. It is also recorded by the accounting sheet. And if an employee, whose work days are assigned on Saturday and Sunday according to the unofficial schedule, does not go to work on these days, it is impossible to bring him to disciplinary action and also to fire him for absenteeism, since according to official documents he should not be at work on weekends days.

In addition, if the regulatory authorities become aware of the fact of concealing individual schedules, the employer will be held administratively liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Not every organization, due to certain characteristics, can work under the established schedule. In connection with this legislation, flexible working hours are provided. This nuance must be indicated in the employment contract. Let's look at the main features of a flexible schedule.

Definition

The flexible working time regime implies the organization of working time, when individual employees or the team as a whole are allowed, within established limits, to regulate the beginning, end and total duration of working time. This process is governed by agreement of the parties.

If the organization has adopted such a regime, then during the accounting period the required working hours must be worked in total. Elements of a flexible schedule include:

• variable time (the employee himself regulates the working day within the established time frame);
• fixed time (the employee is required to be at the workplace at set hours);
• break (time allocated for food and rest, which is not included in the general working period);
• accounting period (a certain period during which the hours required by law must be worked).

The flexible working time regime in the employment contract must clearly define the type of accounting period. It may be equal to:

• working day;
• work week;
• working month.

Kinds

Flexible working hours are divided into three types:

1. Sliding. An employee who works according to such a schedule has standard hours specified in the employment agreement. It should work like everyone else, but with floating hours. Example: an employee comes to work several hours earlier than everyone else, but also leaves several hours earlier.
2. Free. The schedule assumes a free visit, not tied to time. Suitable for people of creative professions.
3. Shift. A work schedule in which the performance of duties is divided into shifts. A good example is nurses or doctors.

In flexible working hours, the start is determined by the terms of the contract or additional agreement. And the duration of work is regulated by the institution’s work schedule.

Where is it fixed?

Most often, work in flexible working hours is enshrined in the following local documents:

1. Rules that regulate internal regulations. It reflects: conditions of employment, the presence of a probationary period, grounds for dismissal, conditions for fulfilling assigned duties, work and rest hours, grounds for providing compensation.
2. Collective agreement. This document is intended to establish a list of guarantees for employees, as well as stipulate the terms of cooperation between the parties.
3. Contract of employment. Flexible working hours are required in the employment contract. It is entered initially, regardless of what the previous schedule was.

If, after a citizen is hired, his working conditions, including his work schedule, change, this will reflect an additional agreement and an order to change the work schedule.

Limitation

The flexible working time regime, despite the ability of employees to independently regulate their time, has an important limitation.

There are situations when an employee simply needs to be at work. For example, to take part in a meeting or meet with an important client. It is for this purpose that a flexible schedule provides for a certain time when the employee must be at his workplace.

What does flexible working time look like in practice? An example of such a graph looks like this:

Decor

The introduction of a flexible regime involves not only establishing working hours, but also a written agreement. Where should it be recorded? The flexible working time regime in the employment contract must be specified in a separate clause, and the registration procedure itself takes place in several stages.

If the initiator is an employee, then he needs to write an application to change the work schedule and indicate what hours he can work, indicating the break time. Based on this application, an order is issued. After signing the administrative document, an additional agreement to the main employment contract must be drawn up. It indicates a change in work schedule. The additional agreement comes into effect from the moment it is signed.

If the change in schedule is initiated by the employer, then the changes are made in accordance with Article 74 of the Labor Code of the Russian Federation. First, the head of the department submits a memo to senior management, where the situation is analyzed and problems are identified due to which the organization incurs losses. For example, they can arise if employee time is used irrationally. And in order not to overpay for overtime hours, it is advisable to change the existing work schedule to a flexible one. Thus, the cost of paying wages will be reduced.

Based on the memo, an order is issued. It must indicate that flexible working hours are established after two months for specific employees. Of which they must be notified in a timely manner.

After two months, another order must be issued, which will approve the list of employees transferred to the new schedule, the new regime itself and the date for the document to come into force. After this order is issued, an additional agreement is signed.

If the flexible schedule is temporary, it is not mandatory. The parties work and interact based on the conditions specified in the order.

To approve a flexible working time regime, an order, a sample of which is offered below, must be communicated to employees against signature.

Payment

Even if an employee has a flexible schedule, he is still entitled to guaranteed wage payments in the amount established by local regulations. But this condition is met only if the standard hours established by law are met.

According to the labor code, employees have the right to all benefits, compensation and guarantees. In other words, if a standard is developed, then the employee is obliged to receive a salary. If an employee is involved in work beyond the established time, the employer must guarantee him:

• payment for overtime hours;
• double compensation for performing work duties on weekends;
• payment of benefits in case of staff reduction.

As for vacation, the employee rests for the time allotted to him according to the established priority schedule.

Flexible working hours in the employment contract provide for payment for overtime and performance of duties on weekends. This work is regulated by Article 99 of the Labor Code. In this case, payments for time worked are made at the end of the accounting period, after which they are calculated. So, for the first few hours of processing, payment is no less than one and a half times the rate, for subsequent hours of processing - at double the rate.

Also, remuneration for overtime work can be replaced with additional rest time. This fact is discussed with the employee; the given time cannot be more than actually worked above the norm.

Weekends and holidays, if they are included in working days, are paid in accordance with Article 153 of the Labor Code of the Russian Federation:

• if payment is made at a daily or hourly rate, then the remuneration will be at a double rate;
• if the employee receives a salary, the work is paid in an amount not less than the daily or hourly rate, provided that it is performed within the boundaries of the monthly working time norm, and in the amount of double the rate if the norm is exceeded.

If an employee wishes to take a day off instead of increased remuneration, the employer must pay for the worked day off or holiday in a single amount, but not pay for the day of rest.

For the information of workers, it is worth mentioning that the law does not establish a time frame when the employer must provide time off in lieu of pay. Therefore, this fact must be determined by agreement of the parties.

How to keep records

The law requires employers to take into account the actual hours worked by their employees. The main document confirming the fact of work activity is called a time sheet.

Since the flexible working time regime is specified in a separate clause in the employment contract and fixes the specific number of hours allotted for the employee to work, it is precisely this time that should be displayed in the timesheet.

There are two types of accounting:

1. Not summarized. This type includes either daily or weekly accounting.
2. Summarized.

Daily accounting is applicable when an employee has the same working hours every day. Weekly accounting is necessary when an employee works a different number of hours on different days of the week. But in general, it fulfills the required temporary norm. It is equal to the 40 hours established by law.

With cumulative accounting, the duration may vary. Shortfalls on one day can be compensated by overtime on another, but during the accounting period the employee works out the required quota.

All nuances of an employee’s activities must be reflected in the employment contract. Flexible working hours (sample agreement) can be seen below.

If the accounting is violated, then the authorized person bears administrative responsibility, which is imposed by the federal labor inspection body.

Before the work day begins, the employee is required to mark the start of the shift. And after completion of work - the end of working hours. Time sheets must be publicly available to employees half an hour before the start of work and immediately after it ends. The employer or authorized person must ensure control over the accuracy of filling out the time sheet.

If an employee deviates from the established working hours, he should be counted as absenteeism.

Who is it suitable for?

An employment agreement with a sliding schedule can be concluded with a manager, marketer, secretary, etc., the main thing is to understand how appropriate such a schedule will be for a particular position.

For example, a staggered schedule will be convenient for both the employee and the employer if the former has other things to do besides work. This includes studying or working part-time.

The shift schedule has been known since Soviet times, when the employer needed round-the-clock production, and the performance of labor duties depended on the physiological characteristics of the workers. Since a person cannot work the whole day and 7 days a week, a shift work schedule was invented. And production does not stop, and employees have the opportunity to rest. Today it is widely used in factories, medical institutions, fire departments, law enforcement agencies, etc.

The establishment of flexible working hours in the form of a free schedule is well used in creative professions. The legal aspect is not violated here - both parties draw up an agreement on the performance of labor duties, and the employer himself does not overpay the employee for the time that he does not work. This schedule may be suitable for artists, designers, musicians, and writers.

There are, of course, professions where a flexible schedule would be inappropriate. This may include organizations where special security conditions or weak labor discipline apply. Also, a flexible schedule is not suitable for civil servants due to bureaucratic “sluggishness”.

Nuances

Flexible working hours are determined by mutual agreement of the two parties, namely the employee and the employer. But there are categories of workers for whom flexible working hours schedule is installed initially. The basis for this is federal or industry legislation. The list of jobs where a flexible schedule should be introduced due to special specifics is indicated in Order No. 112 of the Ministry of Communications of the Russian Federation.

A normative document has also been established for women who are pregnant or have small children. And since it is still in effect today, it can be used as a guide for both the employee and the employer.

The use of a flexible schedule should provide a woman with an optimal combination of economic, social and personal aspects. According to the law, such a regime can be established either indefinitely or for a certain period. For example, for the duration of the school year or until the child reaches a specific age (16 years or adulthood).

Advantages and disadvantages

Every work schedule has both positive and negative sides. Therefore, when choosing one schedule or another, the manager and employee should focus on identifying possible benefits.

Let's look at the pros and cons of flexible scheduling for employees. Positive aspects include:

• the ability to combine work with other activities;
• personal regulation of the amount of work performed, which prevents overload;
• the reality of combining work and family obligations (relevant for mothers with small children).

Among the negative points it is worth highlighting:

• difficulties in fulfilling labor obligations if there is a need to interact with other employees working on a similar schedule;
• the lack of constant control leads to the postponement of important matters indefinitely;
• lack of career growth.

From the above it follows: if the employee is responsible and knows how to organize his work, then such a schedule is the most preferable. Otherwise, it is better to look for a job with a regular schedule.

For an employer, flexible working also has both pros and cons. Positive sides:

• increasing the degree of responsibility among employees due to the lack of constant control from superiors, as well as increasing the effectiveness of the work process and trust in the manager;
• absence of problematic situations with labor discipline due to blurred boundaries of working hours (for example, free attendance does not determine a clear time for the implementation of the work process);
• attracting high profile specialists to the work process due to the convenience of this type of schedule.

The negative points include the following:

• such a schedule is not suitable for managerial positions due to the fact that the boss must be at the workplace full time in order to be able to resolve production issues and control the work process as a whole;
• the presence of difficulties in monitoring the unconditionality of time worked and the execution of the established amount of work, as well as monitoring the quality of execution of assigned tasks;
• increase in costs when providing employees of the organization with means of communication and recording of time worked.

In general, a manager can benefit from establishing a flexible work schedule, as employees will stop thinking about getting up early, worrying about being late, and will be able to focus on results. But lack of management control can lead to a decrease in productivity and the quality of work performed.

The work schedule is slowly but surely undergoing significant changes. Increasingly, employers are establishing flexible working arrangements for their employees (for example, in the form of shortened working hours if working conditions leave much to be desired). This labor system was adopted earlier. But it concerned exclusively creative professions. Nowadays, most employees prefer to work, determining their own working hours, including rest breaks. An employer interested in the final result is happy to comply with the new rules. A reasonable question arises about how to properly draw up an employment agreement with an employee (especially if there is a need to change the work schedule).

Flexible working time regime according to the Labor Code of the Russian Federation

The organization of working time according to a flexible schedule and its accounting lies entirely with the employer. The basis for such accounting is established in Article 102 of the Labor Code of the Russian Federation. Depending on the type of activity of the hired employee, the schedule may be:

• Sliding. This is the most common form of labor regime, when an employee works the required number of hours in a time period convenient for him.
• Free. For those employees whose work is not possible to take into account. For example, pop artists, painters, sculptors.

When hiring, the parties discuss the issue of a possible schedule and come to a mutual decision.

For whom is flexible working time established?

Flexible working hours are often established for people working in a creative environment. But this is not the only industry where such labor systems are used. Today, office workers at various levels are increasingly switching to a non-fixed work schedule. At state-owned enterprises, maintaining such a regime is often very problematic. But commercial organizations are happy to set such schedules for many of their employees.

How to set flexible working hours - application procedure

To establish a special schedule, an employee can resort to two main methods:

• Establishment during employment.
• Changes to the employment contract.

In both cases, this is possible if the chosen mode is agreed upon by the parties.
The established regime is recorded according to a scheme convenient for the employer. This could be daily, weekly, monthly, quarterly or even annual.

How to include flexible working hours in an employment contract?

An employment contract is a strictly regulated document and cannot be approximate. In the agreement, the employer is obliged to provide and indicate all the nuances. To do this, it is necessary to include specific instructions about the beginning, end and duration of work in the section describing the working conditions.

The established schedule can be described using the following points:

• Fixed hours when attendance must be 100%.
• The range of floating hours, when the employee determines the schedule himself.
• Amount of hours per week.

Sample application for establishing flexible working hours

To transfer to an individual schedule, the employee must write an application for its establishment. This can be done when applying for employment in an organization by adding the appropriate clause to the application for admission. It is also possible to write an application later, already working on a fixed schedule.

The application must indicate:

• Start date of new labor accounting.
• Describe the desired schedule or express your desire in a general phrase.

To complete the application correctly, it is also necessary to indicate the reason for such a transition. If it took place after official employment.

Sample order establishing flexible working hours

The request expressed in the employee’s statement comes into force only after the issuance of an order with the corresponding order from the head of the organization.

In the order, the director of the enterprise must indicate:

• Full name of the employee to whom it applies.
• Date of introduction of the new schedule.
• Length of work week and day.
• Lunch hours.

Remuneration for flexible working hours

Payment is made based on the number of hours worked by the employee. Hours worked are calculated based on the log book and the prepared monthly timesheet. When accounting for hours worked quarterly or more, a fixed salary may be calculated monthly. In the month of final payment, a total count of hours is made, based on the results of which additions or subtractions are made to the salary.

Flexible working hours example

For a clear example of moving accounting, let’s take the employment contract of an entrance cleaner. With a total weekly duration of 40 hours, she is given the opportunity to independently regulate her involvement in work.

But the employer also established fixed limits for the cleaner:

• Work should only be carried out on weekdays.
• Saturday and Sunday are designated as days off.
• Fixed hours from 10.00 to 14.00.
• Break from 14.00 to 15.00.
• Floating hours from 08.00 to 10.00 and 14.00 to 20.00.

To calculate the hours worked according to a flexible schedule, the employer keeps summarized records on a monthly basis.

Flexible working hours are the least common type of time recording. Moreover, the use of such a regime in a number of cases is a measure of incentives for employees of the organization.

This material summarizes all existing practice in the field of application of flexible working hours.

The flexible working time regime is used in cases where, for some reason (domestic, social, etc.), the use of regular work schedules is difficult or ineffective, and also when this ensures a more economical use of working time.

The flexible working time regime can be used with a 5-day and 6-day working week, as well as in combination with other work modes (part five of Article 128 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code)).

An entry about working in flexible working hours is not made in the work book (part six of Article 128 of the Labor Code).

When applying a flexible working time regime for an employee, you can set:

A fixed time when he must be at his workplace.

Variable working hours at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion (i.e. the start and end of work can be “floating”). This allows him to manage his time more freely.

The flexible working time regime for employees must be developed based on the organization’s operating mode and determined by internal labor regulations or work schedule (shift).

The decision to apply a flexible working time regime is made by the employer at individual or collective requests in agreement with the trade union (if there is one (part two of Article 128 of the Labor Code)).

If an organization has introduced a pass system, in the passes of employees with a flexible working time regime, a note is made about working with such a regime or a special insert for the pass is issued (part three of Article 128 of the Labor Code).

When performing work outside the organization (for example, a business trip), the flexible working time regime should not be applied, and working time recording must be applied at the place of the business trip.

The procedure for introducing flexible working hours

When introducing flexible working hours, consider the following rules:

Employees must be notified one month in advance, and also be familiarized with the conditions and specifics of working under this regime;
- the maximum duration of work during a working day should not exceed 9 hours;
- the sum of working hours for the accounting period must be equal to the standard hours for the same period;
- when performing work outside the organization (for example, when sent on a business trip), the flexible working time regime does not apply.

Conditions for applying flexible working hours

Flexible working hours can be applied subject to the following conditions:

Mandatory daily presence at work of individual employees or employees of the entire structural unit of the organization during a certain part of the working day, which serves to ensure the normal rhythm of work of the entire unit and maintain the necessary contacts between employees and managers, as well as external contacts;
- mandatory work by each employee of a number of hours determined by law, either during a working week or a month, depending on the accounting period adopted in a given work collective;
- ensuring accurate recording of time worked, completion of tasks by each employee and rational use of working time.

This working time regime takes into account the interests of production, will not lead to complications in the work of the organization, and will not disrupt the normal activities and rhythm of production without distorting external relations.

The duration of the accounting period cannot exceed one calendar year. The accounting period can be determined by calendar periods (month, quarter), and other periods.

If the accounting period is equal to a working week or more, the employee must be provided with a summarized accounting of working time simultaneously with the introduction of a flexible time regime.

On your time sheet, record the actual time worked during each working day.

Composition of the flexible working time regime

Flexible working hours include:

Fixed time is the time of mandatory presence at work for all employees working under flexible working hours in a given department of the enterprise. In terms of duration, this is the main part of the working day;
- variable (flexible) time - the time at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion;
- a break for food and rest, which usually divides a fixed time into 2 approximately equal parts. Its actual duration should not be included in working hours;
- the duration (type) of the accounting period, which determines the calendar time (month, week, etc.) during which each employee must work the norm of working hours established by law.

The work schedule establishes all the elements of flexible working hours.

Example

Flexible working time regime for leading designer I.I. Ivanov with an accounting period, the month may look like this:

- fixed time - from 11.00 to 17.00;
- variable hours - from 9.00 to 11.00 and from 17.00 to 18.00;
- lunch break - from 13.00 to 14.00.

Determine the duration of fixed time and other parts of variable time taking into account the wishes of employees.

Flexible working time options

Options for flexible working time regimes are defined in Art. 129 TK.

The following main options for flexible working time regimes are possible depending on the length of the accounting period:

An accounting period equal to a working day, when its duration, provided for by law, is fully worked out on the same day;
- an accounting period equal to a working week, when its duration, established in working hours, is fully worked out in a given working week;
- an accounting period equal to a working month, when a certain monthly norm of working hours is fully worked out in a given month.

In some cases, a working ten-day period, a working quarter with similar working conditions, and other options for a flexible working time regime that are convenient for the employer and employees can also be used as an accounting period.

Limitations when introducing flexible working hours

Flexible working hours do not apply in the following cases:

In continuous production;
- in conditions of 3-shift work;
- during 2-shift work, if there are no free workplaces;
- at shift transitions;
- when performing work outside the organization (business trip, participation in meetings, conferences, etc.).

In addition, the possibilities for applying flexible working time regimes in individual organizations may be limited in accordance with the law (Article 131 of the Labor Code).

The possibilities for applying flexible working time regimes in individual organizations (their structural divisions) may also be limited:

Conditions of intra-production cooperation and external relations of the organization;
- characteristics of the labor of certain categories of workers and the nature of the functions they perform;
- lack of proper order in rationing labor and recording working hours;
- low level of organization of labor and production, weak labor discipline;
- special labor protection conditions, as well as other conditions and features of production.

The procedure for establishing a flexible working time regime

The flexible working time regime is established by the employer at individual or collective requests (part two of Article 128 of the Labor Code). There are no special requirements for the form of expression of such a request. It can be either oral or written (for example, in the form of a statement).

When concluding an employment contract, it is advisable for a potential employee to include a request for flexible working hours in the job application. If it is necessary to establish a flexible working time regime during work, it can be issued in the form of a separate application.

For a sample order establishing a flexible working time regime, see the “Useful Documentation” section on p. 25 magazines.

Since the employee’s work and rest regime, which differs from the general rules established by the employer, is a mandatory condition of the employment contract (part two of Article 19 of the Labor Code), then in connection with the establishment of a flexible working time regime, changes are made to the employment contract (contract).

For a sample additional agreement to the contract establishing a flexible working time regime, see the “Useful Documentation” section on p. 26 magazines.

Cases of transfer to normal operating mode

You have the right to transfer an employee from flexible working hours to a generally established work schedule (Article 130 of the Labor Code).

An employee can be transferred from flexible working hours to a generally established work schedule:

In case of production necessity - temporarily for a period of up to one month;
- in case of violation by an employee of the accepted regime - for a period of up to 3 months, and in case of repeated violation - for a period of at least 2 years.

Transfer to normal working hours in this case may be an additional measure of responsibility in addition to disciplinary sanctions (reprimand, reprimand);

In the event of systematic violation by employees of a structural unit of the rules governing work in flexible working hours, an authorized official of the employer must transfer this structural unit to the generally established work schedule.

For a sample order for a temporary transfer to normal operation, see the “Useful Documentation” section on p. 27 magazines.

When transferring from a flexible working time regime to a generally established working schedule due to production needs, it is necessary to comply with the requirements of the law and warn the employee in writing about the temporary cancellation of the flexible working time regime. In case of refusal to continue work due to a change in essential working conditions, the employment contract is terminated under clause 5 of Art. 35 TK.

For a sample notice of temporary transfer to normal operation, see the “Useful Documentation” section on p. 26 magazines.

Irregular working hours - special working hours

In conclusion, let us pay attention to the concept of “irregular working hours”.

In practice, this is a special mode of work, according to which individual workers can, if necessary, occasionally, by written or oral order (instruction), resolution of the employer, or on their own initiative with the knowledge of the employer or his authorized officer, perform their labor duties outside the established standard working hours time (Article 118-1 of the Labor Code).

Possible overtime in this regard beyond normal working hours should not be considered overtime work and should be compensated by providing additional leave for irregular working hours. Categories of workers for whom it is unacceptable to establish irregular working hours are determined by the Government or an agency authorized by it.

For employees with irregular working hours, the employer, at his own expense, may establish additional leave for irregular working hours of up to 7 calendar days. The procedure, conditions for granting and duration of this leave are determined by the collective or labor agreement, the employer (Article 158 of the Labor Code).

Based on the foregoing, you can make an informed decision on the advisability of establishing a flexible working time regime for managers and specialists of an organization in which a time-based form of remuneration is established (earnings are determined based on established official salaries, the number of working days per month and the number of days actually worked), and at the same time, irregular working hours for the specified categories of workers.

Alexander Shkel, labor economist