Application for a request to reschedule a working day. Changing working hours at the initiative of the employer

The procedure for changing working hours is regulated legal acts, which restrict the employer in such actions. Not in all cases such innovations are made by agreement of the parties. If there are reliable justifications, the employer has the right to unilaterally change the work schedule.

Depending on the situation, new working conditions will only come into force if they are properly documented and the legal rights of employees are respected.

Main questions

If the need arises, the employer can change the clauses of the employment contract related to the work schedule. In this case, it is impossible to adjust the conditions related to the employee’s work responsibilities.

Before starting the procedure for changing the operating mode at the enterprise, it is necessary to agree the following main questions:

• the period during which staff are notified of the new work schedule;
• how the issue of those who disagree with the new operating mode is resolved;
• how this innovation will affect wages;
• how to change the work schedule at the initiative of an employee;
• which is accompanied by changes in the regulatory framework.

Normative base

The main regulatory document that regulates the relationship between employers and subordinates is the Labor Code of the Russian Federation. It describes basic moments relating to workers' work schedules.

Also, the Labor Code of the Russian Federation does not exclude making changes to the work schedule upon agreement between the staff and the employer. These grounds are stated in Article 100, paragraph 15, which also stipulates the right to adjust the work schedule, both for all employees and selectively.

Clause 16 of Article 100 of the Labor Code of the Russian Federation describes procedure for changing the time spent at the workplace by agreement of the parties. Such changes can be made at any time.

Changing working hours at the initiative of the employee must be made within the framework of Article 93 of the Labor Code of the Russian Federation. The grounds on which the employer has the right to adjust the working day, according to Article 74 of the Labor Code of the Russian Federation, include:

• technological(transition of the enterprise to new equipment, establishment of a new automated process);
• organizational(enterprise restructuring, staff reduction or expansion, introduction of shift work).

In addition to the reasons for changing the working day schedule listed in the Labor Code of the Russian Federation, the law allows employers to use

and other reasons.

The procedure for concluding an employment contract

Changes to an employment contract can only be made with the consent of both parties, but this requirement of the Labor Code of the Russian Federation does not apply to changing the work schedule.

In order for this procedure to take place within the framework of the law, the employer must notify the staff no less than 2 months.

Such a notification is issued in the form of an order, which is familiarized to all interested parties against signature.

After 2 months, the employee has the right to:

• agree to the new terms of the employment contract (in this case, “agree” is written on the order);
• take extra time to think;
• refuse the new terms of the contract (management is looking for two witnesses to confirm that the employee has familiarized himself with the order and his refusal to sign).

If there are dissenters

According to Article 74 of the Labor Code of the Russian Federation and the employment contract, the employer, if the employee refuses the new labor regime, is obliged to offer all available positions that correspond to the employee’s qualifications.

The employee must reflect his decision in a notice of change in working hours or in a separate letter in which he refuses the new conditions and vacancies provided.

If there are no disagreements

If employees agree to the new working conditions, they agree additional agreement to the employment contract. This document must reflect all innovations, as well as indicate the date from which they will come into effect.

The additional agreement is drawn up in two copies, one of which is given to the employee.

What should be written in the notice

An important point is the correctness of the notification of changes in the work schedule, which must include the following items:

• full name of the enterprise;
• locality;
• date and incoming number;
• motivating part;
• main text of the notification;
• surname of performers;
• director's signature.

Interested parties can put their signatures both on the notification itself and on a separate familiarization sheet.

Sample memo and order

Sample notifications about work schedule changes:

Sample order to change the operating mode:

Judicial and administrative risks

To comply with all legal requirements regarding labor relations with employees, the employer must consider following points when making changes to the operating mode:

1. When drawing up the notice, the employer must take into account its ability to provide alternative work schedule options (persons under 18 years of age, disabled people and women with children under three years old are prohibited from working on the night shift).
2. If there are pregnant women among the dissenting employees, then their subsequent dismissal will be impossible (only in the event of liquidation of the enterprise).
3. It is necessary to take into account the results of workplace inspections. If an employee’s work is associated with a harmful or dangerous production process, then it is necessary to take into account the limits of working hours when drawing up a schedule.
4. The list of factors that are legal justifications for changing the work schedule is published on the Rostrud website https://www.rostrud.ru/. Unreasonable adjustments to the working period may be regarded by authorized control bodies as a way of carrying out unauthorized layoffs of employees. A repeated violation with the same justifications may entail the dismissal of the director of the organization, followed by his removal from leadership positions for up to three years.
5. The work of some enterprises may be regulated not only by federal laws, but also by regional inter-industry agreements. They reflect additional requirements for the employer to respect the rights of employees.

The dismissal of an employee at the initiative of the employer is presented in this program.

How to formalize a change in the work schedule at the initiative of the employer and draw up an order to change the work schedule, what to indicate in the application for a change in the work schedule (sample) - this is discussed in the article.

From the article you will learn:

How to formalize a change in working hours at the initiative of the employer

Changes to the work schedule at the initiative of the employer are made in agreement with the employee. Operating mode- a mandatory condition that is specified in the employment contract concluded between the parties (working hours may be specified in the PVTR, but this must also be referenced in the employment contract). The employer does not have the right to unilaterally change the terms of the employment agreement. To make changes, you must follow the procedure provided for in Article 74 of the Labor Code of the Russian Federation.

Changing the working hours at the initiative of the employer is carried out in the same order in which it is introduced. The employer has the right to make such changes for reasons related to changes in organizational or technological working conditions.

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If due to changes in engineering and production technology, structural reorganization production or in connection with other changes in the organization, the terms of the employment contract determined by the parties to the labor relationship cannot be maintained; the employer, on his own initiative, has the right to change them. The exception is the labor function of the employee.

Changing the working hours at the initiative of the employer must be carried out in compliance with the appropriate procedure provided for in Article 74 of the Labor Code of the Russian Federation:

issue an order on changes of a technological or organizational nature, indicating the timing of their implementation;

notify the employee in writing two months before the upcoming changes, unless other deadlines are provided for by the current code, indicate the reasons that led to the need for such changes;

offer in writing another job available to the employer if the employee does not agree to work under the changed conditions.

As other work, the employer must offer vacant positions in the company that the employee can take if he has the appropriate skill level, as well as lower positions, jobs with lower wages. That is, it is necessary to offer all vacancies that are available from the employer in the area where the organization is located. It is important to take into account that the employee can perform the proposed work taking into account his state of health.

When changing the work schedule at the initiative of the employer, if the employee refuses to continue working under the new conditions, the employer has the right to offer him available vacancies not only in the area where the company is located, but also in other areas, if such a condition is provided for by a collective agreement, labor agreement, or relevant agreements. Immediately after the expiration of the established warning period (two months), the employer has the right to switch to a new technological process and change organizational working conditions.

With employees who refused to continue working in the new conditions, and also did not agree to take the vacancies offered by the employer, employment contract can be terminated on the basis of paragraph seven of part one of Article 77 of the Labor Code of the Russian Federation. It is worth considering that the employment contract can be terminated with anyone who does not agree to work under the new conditions, taking into account Articles 74 and 77 of the Labor Code of the Russian Federation. Employees have the right not to work for two weeks before dismissal.

Changing the work schedule at the initiative of the employer: how to establish a part-time working schedule

Changing the work schedule at the initiative of the employer with the establishment of a part-time working schedule can be carried out during the period , which will significantly affect changes in working conditions.

If such events threaten , then the company administration has the right to establish a part-time working regime for up to six months. This decision must be made , if such an organization is created in the company (based on Part 5 of Article 74 of the Labor Code of the Russian Federation).

Important! The law prohibits the introduction of part-time work in companies at the initiative of the employer if mass layoffs are threatened for economic reasons (based on parts 1, 5 of Article 74 of the Labor Code of the Russian Federation).

If it is planned to change the work schedule with the introduction of part-time work, all employees must be notified in writing about this. This must be done two months before the innovations. Familiarize the notification with everyone and sign it (based on the second part of Article 74 of the Labor Code of the Russian Federation). In the very the employee must sign his consent or refusal to work under the new conditions.

If any of the employees refuses to work under the new conditions, dismissal is carried out by reducing the number or staff with payment of severance pay and average monthly earnings for the period of employment in (based on part six of Article 74, Article 178 of the Labor Code of the Russian Federation).

Introduction of part-time work involves notifying the employment service, even if the new conditions . The notification must be drawn up in any form and sent within three working days.

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An employee has the right to ask the employer to establish both a part-time work week and a part-time work day at the same time. For example, a 4-day week and a working day shortened to 7 or 6 hours. At the request of these persons, the employer is obliged to establish new schedule part-time work only for the duration of preferential circumstances. For example, until an employee’s child reaches the age of 14.

In addition, the employer must take into account the relevant wishes of the employee to establish preferential working hours, but not to the detriment of production conditions. For example, a pregnant woman does not have the right to demand that the start of her working day be set at 10 o’clock if the company starts working at 12 o’clock.

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

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

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

Changes are classified into:

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

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

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

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

Order on changing working hours sample 2018

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

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

Notification of changes in working hours - sample

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

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

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

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

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

How to write an application to change working hours - sample

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

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

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

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

Additional agreement to the employment contract on changing the working hours

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

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

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

A company employee will be forced to write an application to postpone vacation if his long-planned and long-awaited vacation is postponed.

Transferring vacation is a procedure for adjusting mutual agreements with the employer regarding the start and duration of the next annual vacation, fixed in the schedule.

IMPORTANT! The company’s internal document called “Vacation Schedule” is mandatory for compliance by the employer and employees (Article 123 of the Labor Code of the Russian Federation).

Find out more about the “vacation” schedule from the material “Unified form No. T-7 - vacation schedule” .

In the statement, the employee should explain the reasons for violating the pre-agreed deadlines. Based on this, the employer makes a decision: agree with the request or reasonably refuse (reflecting the corresponding resolution in the application).

A working person in most cases is sensitive to the possibility of legally not going to work for a certain time without suffering financially. Therefore, the postponement of such a long-awaited event as a vacation occurs mainly for extraordinary reasons, which can be combined into 2 groups:

• at the request of the employee himself;
• according to production necessity, when the initiator is the employer.

Therefore, the application for transferring vacation for these cases will be different.

If the employer does not warn the employee on time about the start of vacation (Article 123 of the Labor Code of the Russian Federation) or forgets to pay him the due funds (Article 136 of the Labor Code of the Russian Federation), transferring the employee’s vacation turns from the employer’s right into an obligation.

A similar obligation arises for the company administration if an employee was sick, studying, or performing government duties while on vacation (Article 124 of the Labor Code of the Russian Federation).

The situation when the vacation started on time, but the employee was urgently needed at work, is discussed in the material “We are preparing a recall from an employee’s vacation - a sample order” .

We are writing an application to postpone the vacation

The employee draws up an application for the transfer of vacation in writing, in any form, using the basic techniques for preparing such documents. The title indicates the position and full name of the head of the company in whose name the document is being drawn up, the data of the employee himself (position, full name, personnel number).

For the convenience of filling out the application, you can use the ready-made form posted on our website.

A sample application for rescheduling leave can be found on our website.

The transfer of leave, which was a consequence of production necessity in the presence of the employee at the workplace during the period of planned rest, is also formalized in writing.

In this case, the application must contain the employee’s consent to postpone the vacation. The wording looks like this: “I, Natalya Viktorovna Bogdanova, agree with the postponement of my annual vacation, scheduled for the period from January 21 to January 31, 2019.”

Results

The employee writes an application to postpone the vacation in any form addressed to the manager. If the vacation is postponed at the request of the employee, the text of the application indicates the reason for the transfer. If the change in the date of going on vacation is due to production needs, the application must contain the employee’s consent to postpone his vacation.

Problem

Good afternoon, dear ladies and gentlemen!

I wanted to agree with my employer on shifting my work schedule (which I currently have from 9:00 to 18:00) an hour earlier, i.e. from 8:00 to 17:00 due to the need to pick up children from kindergarten, since the journey home takes more than an hour? and I will not have time to pick up the children from kindergarten at 19:00. My immediate supervisor refused without providing any reasoned reasoning. According to the Labor Code of the Russian Federation, I can reduce my working day by two hours, since I have two children under the age of 14 (a 2-year-old daughter and a 5-year-old son), but I would not like to do this, since I will lose in wages, I will do the same amount of work as before the reduction in working hours. Please tell me if there are any possibilities at the legislative level to shift my work schedule or only by agreement and at the discretion of the employer. My job is not related to customer service, calls, etc., i.e. I have a volume of work (tasks) that must be completed on time, and at what time it is completed is completely unimportant.

Solution

Hello!

Yes, changing working hours may lead to refusal by the employer, because... This is by agreement of the parties; you cannot force the employer.

However, use other options of Article 93 of the Labor Code of the Russian Federation:

The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

Disadvantages of part-time work:

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

There are several options for establishing a part-time working regime for women with children (clause 8 of the Regulations, approved by the resolution of the USSR State Committee for Labor of the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51):

Reduce the duration of daily work (shift) by a certain number of working hours on all days of the working week;

Reduce the number of working days per week while maintaining the normal duration of daily work (shift);

Reduce the duration of daily work (shift) by a certain number of working hours while simultaneously reducing the number of working days per week.

And one more thing: the immediate supervisor refused, this is his right.

However, let's not forget who makes the decisions in the organization. This is one single person who is indicated in the registration documents and in the Charter - the head of the organization, i.e. director, general director, manager, etc.

So, your right to submit an application to change working hours, start and end times of working hours, while maintaining the length of the working day (shift), let your immediate supervisor express his opinion on the application - Agree or Disagree, and then the application should go to the manager organization, which will make the final decision.

In the application, indicate the reason for the change in time, and indicate that your work is related to such and such DI, which you will perform at the time that will be established as a result, and the change in working hours will in no way affect the quality of the work.

You can complete your statement to the employer:

I ask you to consider my application and provide me with a decision on it within the time limits established by local regulations (hereinafter, LNA), which determine the procedure for the passage and consideration of documents in the organization.

If the employer does not have this LNA, I ask you to consider my application within a reasonable time, but taking into account the deadlines specified in the Labor Code of the Russian Federation, taking into account Article 62 of the Labor Code of the Russian Federation - no later than three working days, or Article 64 of the Labor Code of the Russian Federation - no later than than within seven working days from the date of submission or receipt of this application.