Each person in the labor market fulfills his part of the obligations according to the approved working time schedule , distributed over various periods of time, from a day to a year. Work routines are measured by the number of days, weeks and shifts.
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Legislative regulation
Article 100 of the Labor Code regulates this issue and provides the following provisions:
- The length of the working week directly depends on the schedule (5/2, 6/1, flexible schedule, part-time).
- Working with uneven working hours affecting certain categories of employees.
- Length of a standard shift. Its time is calculated based on the start and end times of work, the number of shifts in one day, the time of all technological breaks and the sequence of working and vacation days.
The work schedule is fabricated and adjusted by the employer, without violating the thresholds prescribed by law.
The owner personally draws up a work schedule once and for a long time, but there are circumstances that oblige him to change the schedule.
The working hours can be adjusted or changed in accordance with Articles 74, 91 and 100 of the Labor Code of the Russian Federation, which address this issue.
Basis for making changes to the mode
You cannot change your working hours without compelling reasons. Such grounds may be:
- The voluntary consent of the worker, expressed in the form of a letter, and accurately executed additional. agreement.
- An updated version of the internal labor regulations was adopted after personal negotiations. It should reflect technological or organizational changes in the company's working conditions.
The decision to change the working time regime is made only by the manager , with the exception of a few cases. If the boss intends to make changes to the TD, this cannot be done without the employee’s mandatory agreement in writing, relying on Article 72 of the Labor Code of the Russian Federation.
In another case, according to Article 190 of the Labor Code, the procedure for adopting internal regulations requires coordination of an updated work schedule with the trade union .
Violation of these charters may result in legal liability for the director.
Transfer of working days
Contents The law does not prohibit an employer from changing working hours.
As a rule, the basis for such a decision is the peculiarities of business processes.
The reform can affect the entire organization as a whole, as well as individual divisions or even employees. But such a change must be properly formalized. In addition, the changes introduced should not lead to a deterioration in working conditions and the situation of workers. A change in working hours is entered by a local document - an order.
But its content and approval procedure depend on where exactly the current working time regime was recorded.
There can be three options:
- the regime is the same for everyone and is prescribed in the PVTR and the employment contract;
- The regime is individual and is included only in the employment contract.
- the regime is the same for everyone and is prescribed only in the PVTR;
The rules of procedure have a special approval procedure. It is described in Art.
Employee Notification
All employees affected by the upcoming innovations must be made aware of the adjustments. Moreover, according to Article 74 of the Labor Code of the Russian Federation, no later than two months before the start of the new regime.
The employee either receives the notice in hand or listens to its provisions aloud if he refused to take it at the place of work. You can refuse the terms dictated in the notice. In this case, the employer is considered to have fulfilled his part of the obligation to promptly warn his subordinates.
Change of regime at the initiative of the employee
It is possible to change the operating mode based on his request. The reasons can be very different, most often it is a changed lifestyle and lack of time for family matters and relatives. The director has the right to either approve the changes or reject them.
To document the new conditions, the employee must write a corresponding statement. It must contain the following information:
- Information about the head of the organization/company;
- Last name, first name and patronymic of the employee;
- Wording: “I ask you to change my working hours” followed by information about the current and new modes;
- Reason for schedule correction;
- Compiler's signature with transcript;
- Date of application;
- Additionally attached agreement indicating new opening hours.
Sample application for transfer of working hours at the initiative of the employee:
Additional days off must be paid
Due to the lack of orders, the employer plans to make May 4-6, 2020 a holiday by issuing a corresponding order. Providing additional days off by decision of the employer will not violate the rights of employees only if such days of rest are paid for.
The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work (Article 234 of the Labor Code of the Russian Federation). The wording of Article 234 of the Labor Code allows us to assert that the above list is not exhaustive. Consequently, the employer has the obligation to compensate the employee for the earnings he did not receive not only in situations directly mentioned in this norm, but also in any other cases of illegal deprivation of the employee’s opportunity to work, including as a result of the illegal establishment of a part-time working regime (cassation ruling of the IC in civil cases of the Tula Regional Court dated February 17, 2011 in case No. 33-476).
Since in this case, additional days off are provided at the initiative of the employer, the provisions of Article 128 of the Labor Code, including those on employees filing applications, do not apply to this situation. It is enough to familiarize the employees with the order to provide an additional day off, against their signature.
Order to move
So far, the legislation has not prescribed a general standard for writing an order for the transition to a new regime. Managers, using minimal legal knowledge, write them arbitrarily. But there is still a list of information without which the order will not be valid:
- Locality;
- Document Number;
- Full name of the organization;
- The day, month and year in which the document was drawn up;
- The essence of the order, some provisions on the future working hours;
- The basis for drawing up the order;
- Information about the persons responsible for fulfilling the terms of the order, their ranks and full last name, first name and patronymic;
- Date and signature of the manager.
Sample order to change employee schedule:
The HR department should not have a question about how to formalize a change in an employee’s work schedule. The basis is an order from the head of the organization. According to it, a work schedule is formed, taking into account the new regime.
Both the employee and the manager can adjust the conditions. Based on the articles of the Labor Code of the Russian Federation, you can easily draw up a statement about changing the regime.
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Every organization must have a schedule of working hours and days off. But sometimes there is a need to work on a weekend. In this case, the rest time is transferred to another day. In this case, you need to issue an order to transfer the day off to another day.
Changing the work schedule at the initiative of the employer: sample order and notification
> > please tell me: how to correctly issue an order to postpone the working day from 12/31/2015 to 01/03/2016, correctly indicate in the timesheet the balance of working hours for December 23 shifts -183.0 hours (the employee will work 22 shifts -176.0 hours) , as well as for January 2020 15 shifts - 120.0 hours (the employee will work 16 shifts - 127.0 hours.) Answer to 1 question: how to correctly issue an order to postpone the working day from 12/31/2015 to 01/03/2016 The option you proposed is not complies with the law. Weekends can be transferred to other days only by federal law or a regulatory act of the Government of the Russian Federation (Part 5 of Article 112 of the Labor Code of the Russian Federation). The employer does not have the right to postpone weekends at his own discretion. Moreover, January 3 is a non-working holiday according to Art. 112 of the Labor Code of the Russian Federation, and neither the Government of the Russian Federation, nor, especially, the employer has the right to postpone the holiday to another date.
If it is necessary to attract employees to work on a holiday, it is necessary to register and pay for attraction to work on a holiday in accordance with the general procedure, in accordance with Art.
113, 153 of the Labor Code of the Russian Federation. There are several options for releasing workers from work on December 31.1. Issue an order to provide employees with an additional day off and to pay for it. Since the mechanism for paying for such a day is not established by the Labor Code, Rostrud believes that it should be paid in the amount of average earnings (letter No. 5202-6-0 dated December 19, 2007). It should be noted that the average earnings retained by the employee for this day will not reduce the taxable base for income tax. We previously talked about orders for personnel in the material at the link. Please share the link on VKontakteFacebookTwitterOdnoklassniki2.
Provide employees with time off on December 31 for working on a weekend or holiday.
An order to postpone a working day to a day off: a sample of how to draw it up to postpone the day to another time
The question of whether the employer has the right to postpone a day off often finds the wrong answer.
But such time off is not paid. If all employees of an organization agree to work on a day off in order to rest on December 31, then the employer can involve employees in working on a day off in compliance with all legal requirements.
Indeed, there are often situations when, by order of an enterprise, a day of rest is postponed to another time, and this creates the illusion that the organization’s management has the right to postpone the day off. In fact, only the Russian government is endowed with this right (Part 5 of Article 112 of the Labor Code). The employer is not given the right to postpone days off.
However, in the arsenal of a cunning personnel officer there will be ways to use legal methods to adjust the work and rest schedule in accordance with the needs of the organization or the desires of employees. Let's talk about these methods. The first way to do it according to the law: by order of the manager, declare the desired day a day off.
In a letter from Rostrud dated December 19. 2007 N 5202-6-0 states that in a situation where such a decision is isolated, this can be done by issuing a local regulatory act drawn up in any form. Such days off are subject to payment and do not prejudice the interests of the employee.
But this will not be a full transfer, but only the provision of an additional day off using a legal method.
Please note The second method of legal transfer: attract employees to work on a day off, giving them a day off on a weekday.
This scheme is impeccable, but has one peculiarity: according to the norms of Part 3 of Article 153 of the Labor Code of the Russian Federation, an out-of-hour rest day is allowed only to those who have already worked on a day off.
Thus, the day off can only be moved forward, but not back. And one more feature: involvement in work on weekends in the absence of emergency circumstances is possible only with the personal written consent of the employee and the trade union body (if there is one at the enterprise). Such consent will also be required to provide another day of rest instead of increased pay for overtime work.
The third legal way: invite employees to write an application for leave for one day without pay.
Reasons for transfer
Sometimes employees fail to fulfill their contractual obligations in a timely manner. In this case, there is a need for increased work under deadline conditions. Specialists work on weekends. It is assumed that the day of rest will be postponed to another day. An order to postpone a day off is relevant in the presence of these circumstances:
- You need to manage to complete a large amount of work within a certain time frame.
- An emergency has arisen that requires you to be at work on your day off.
- There is some kind of production need (for example, a person with whom you need to conclude an agreement arrives on the weekend).
Sample order to change a working day to a day off
Contents: 116 Labor Code of the Russian Federation can take vacation for any calendar period. In case of emergency situations at work, leave may be postponed indefinitely. According to Art. — Labor Code of the Russian Federation, the grounds for changing the rest time are:
- mandatory presence of a person at the workplace - during an audit or activity under a strict deadline.
- performing important tasks during vacation that require official release from main activities;
- a business trip of a production nature, where only a specific specialist can go;
The formulation “production necessity” is not always used in favor of the employee.
Example: Koshkina A., a health worker, according to , purchased a voucher for a trip to a sanatorium.
The management reports that they will postpone the rest period or will not sign the application due to production needs - the enterprise does not have an employee who can perform the duties of Koshkina A.
Because: 1.
Features of transferring a day off
The order must indicate the basis for postponing the day off. And this reason should be quite significant. In most cases, the transfer must obtain the employee's consent. But in exceptional situations, consent is not necessary. These cases are recorded in Article 113 of the Labor Code:
- Performing work resulting from martial law or a state of emergency.
- The need to prevent an emergency, accident or disaster.
- Elimination of the consequences of a disaster or accident.
Transferring a day off requires documentation. You need to take the procedure quite seriously, as well as any adjustments to the specialist’s schedule.
Sample order
About postponing the day off
In order to timely fulfill obligations arising on the basis of agreement No. 44 dated December 12, 2019, with the consent of employees
1. Change the day off for all sales managers from February 23 to March 1, 2020. 2. HR inspector R.O. Kondrashov bring this order to all sales managers.
If certain circumstances occur, the working day of an official employee may be postponed to another date.
This process must be accompanied by the execution of appropriate papers and compliance with special rules.
The article describes typical situations. To solve your problem , write to our consultant or call for free:
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Sample order to transfer a day off to a working day
Federal Law of December 29, 2004 N 201-FZ) 2.
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.
I want to draw the moderator's attention to this message because: A notification is being sent... Evgenia (guest) #3[25279] March 2, 2009, 9:15 Thank you very much!
I want to draw the moderator's attention to this message because: A notification is being sent... Elina Vladivostok #4[25491] March 3, 2009, 8:46 AM ORDER 02/19/2009
No. 1 Vladivostok In connection with the celebration of Defender of the Fatherland Day and on the basis of the Decree of the Government of the Russian Federation of November 26, 2008 No. 877 “On the transfer of weekends in 2009” I ORDER: 1. Establish a non-working day on Monday February 23.2. Info Authorization Search the site Magazine “HR Practitioner” Subscription RUB 1,500/year Until April 30, a book as a gift!
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When does a day change to another?
The need to move a working day to another, for example, a day off, may arise for almost every employer. In most cases, this procedure can only be carried out with the consent of the employee; in exceptional situations, it can be carried out by force.
Any transfer, regardless of the accompanying circumstances, requires documentation. The reason for making changes to the employee’s work schedule must be justified.
An order of the previously specified nature is issued every time a working day is postponed. The reason for such a need can be almost any.
An employer may request to come to work on another day if a production need arises. For example, on a day off, a specialist will come to the company with whom the employee will need to draw up a contract, or another urgent job will appear.
In cases not regulated by the labor legislation of the Russian Federation, the worker has the right to make his own decision regarding the transfer of a working day to another.
It is important to remember that there are exceptions. In accordance with Article 113 of the Labor Code of the Russian Federation, these include the following circumstances:
- performing work resulting from an emergency or martial law;
- preventing an accident, any accident or catastrophe, as well as eliminating the consequences of such phenomena.
Sample order to transfer working hours
Contents: Question: The organization wants to move the working day from 12/30/2011 to Saturday 12/24/2011 (employees agree). The transfer is not related to emergency circumstances and the need to perform unforeseen work specified in parts two and three of Art. 113 Labor Code of the Russian Federation. What is the procedure for such a transfer of a day off?
Answer: Labor legislation grants the right to transfer weekends to other days only to the Government of the Russian Federation (part five of Article 112 of the Labor Code of the Russian Federation). Based on the first part of Art.
5 and parts of the first art. 11 of the Labor Code of the Russian Federation, the resolution of the Government of the Russian Federation on the transfer of days off for the purpose of rational use by employees of weekends and non-working holidays is mandatory for execution by both the employee and the employer. The employer is not given the right to postpone days off. Consequently, the employer does not have the right to issue an order directly to “transfer” the working day.
Under the current conditions
conclusions
Rescheduling a working day is a procedure that is only feasible in certain situations.
Without the consent of the worker, his work schedule can be changed only in exceptional situations, reflected in Article 113 of the Labor Code of the Russian Federation.
In other situations, the employer must obtain the employee's written consent.
Upon receiving a positive response, management issues an order drawn up in accordance with generally accepted rules, without using standardized forms.
The article describes typical situations. To solve your problem , write to our consultant or call for free:
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Svetlana April 22, 2009, 6:56 No ratings The order to change the working day from April 27 to April 25 must indicate the reason. Is it possible to find out the number of the Resolution of the Council of Ministers on the transfer.
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[email hidden] Belarus Posted by 23194 Reputation:
April 22, 2009, 7:02 am No. 306 of March 12, 2009, I would like to draw the moderator's attention to this message because: A notification is being sent. Svetlana April 22, 2009, 7:03 Thank you very much.
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[e-mail hidden] Belarus, Minsk Posted by 109 Reputation: April 22, 2009, 17:09 Is it necessary to issue an order to postpone the working day?
we've never done this before
I want to draw the moderator's attention to this message because: A notification is being sent. Janifer [e-mail hidden] Belarus Posted by 23194 Reputation: April 22, 2009, 5:15 pm Li-Lu wrote: My opinion is that an order is needed. At least based on the considerations that the same resolution of the Council of Ministers gives the employer the right to carry out transfers differently.
https://youtu.be/3Y8dUNlJonY
My order sounds like this: About postponing the working day. Based on the Resolution of the Council of Ministers of the Republic
