Sample order to change working hours

When hired, each employee must be familiarized with the collective agreement and established rules on the internal labor regulations of the institution. The operating hours of the institution do not change often, but all changes are documented - an order is drawn up to change the working hours.

The main provisions protecting citizens from exceeding the established work schedule are reflected in the Labor Code of the Russian Federation. In particular, Article 100 of the Labor Code of the Russian Federation regulates the following issues:

• length of the working week, depending on the shift (5/2, 2/2, etc.);
• uneven working hours apply only to certain categories of citizens (for example, nursing mothers);
• duration of the work shift, taking into account technological breaks, days of work and vacation.

Any changes to workers' working hours must not violate current legislation. At the same time, approval of amendments is taking place:

• voluntarily, on the basis of a signed additional agreement to the employment contract;
• an updated operating mode has been adopted for the entire enterprise, with the approval of new working conditions.

An order to change work hours must be signed by the head of the organization. Without his visa, the document is considered invalid; the legality of its preparation can be challenged in court or with the Labor Inspectorate.

What needs to be indicated in the order

There is no single approved form for an order of this type in the legislation. It is drawn up in any form, however, enterprises can use ready-made templates adopted by the company’s accounting policies. The order itself must contain the required details and points:

• document number and date;
• place of compilation (name of locality);
• Business name;
• name of the form;
• information about the essence of the adopted order, for example, “On the approval of a new working time regime”;
• grounds for issuing the order;
• a list of persons, responsible persons appointed to monitor the execution of the order (this may be a secretary or a specialist in the human resources department);
• position of the manager, his full name and personal signature.

If additional forms and forms are attached to the document, they are submitted as an Appendix to the order.

It is necessary to notify all employees of upcoming changes to working hours at least two months in advance. The notice is given to the employee personally against signature; for those who are missing, the form is sent by mail.

Grounds for issuing an order

The document must indicate the legal provisions that made it possible to adjust the operating mode of the institution. Depending on the current situation, these could be:

In addition, if the company has an active trade union, all changes must be coordinated with this body, otherwise the enterprise and its manager will face administrative fines.

Sample download

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The most important thing is not to violate the legislation of the Russian Federation, so that the employees of the enterprise have no reason to complain about unjustified changes.

The time during which employees undertake to fulfill their labor duties must be stipulated in the acts of the enterprise that have local effect (internal labor regulations, collective or individual labor agreement with an additional agreement).

Any changes made to the working hours of the entire company team or individual employees (positions) are formalized by order of the organization’s management, which is the basis for making adjustments to the primary local documentation.

1. Is it necessary to draw up a schedule at the enterprise to establish a schedule?
2. How to issue an order?
3. conclusions

Compilation rules

There are no rules in the law for drafting a narrative or for its design. Typically, organizations print it on a white sheet of A4 paper, some use company letterhead (both options are acceptable). Employees responsible for its preparation must take a responsible approach to its writing; there should be no double interpretation of the typed text. The finished form is endorsed by the director of the company; in addition, it must be agreed upon with the legal service to ensure that there are no violations of the law.

The document is not affixed with a company stamp or other seal unless this rule is provided for by internal local regulations. After this, responsible employees are required to inform all employees of the enterprise about the changes made, against signature. In parallel, work is underway to draw up additional agreements to employment contracts, in connection with changes in time and working conditions at the enterprise.

After review, the order is filed in a separate folder and put away in a place with limited access. After the need has passed, the document is transferred to archival storage, where it remains for a certain time. According to the nomenclature of files, the storage period must be at least three years.

Is it necessary to draw up a schedule at the enterprise to establish a schedule?

The Labor Code of the Russian Federation obliges the employer to establish a time frame for the working hours during which employees undertake to be present at the place of work and perform the labor function provided for by the contract. (Article 91 of the Labor Code of Russia).

An enterprise may have a general working schedule for all employees or set special working hours for some workers.

Forms of labor organization can be:

• flexible schedule (floating);
• irregular working hours;
• standard mode, corresponding to the Labor Code of the Russian Federation (40 hours per week with 5 days off and 2 days off).

The working hours must be determined by local acts of the enterprise (organization), which include:

• collective labor agreement;
• individual labor agreements;
• internal labor regulations.

Employees are familiarized with the working hours before signing an employment contract.

If there is a need to make changes to the operating mode of work in the company (both for all and individual employees), management must issue an appropriate order. In this case, the basis for changes may be the employee’s statement.

When issuing such an administrative document, the opinion of the representative body of employees (trade union) should be taken into account, as well as the provisions of local acts establishing the need for the consent of workers to introduce innovations and the ban on the transition to a non-standard schedule for certain categories of persons (parents of children under the age of 14 , disabled people, etc.).

In addition, there must be compelling reasoned grounds for issuing an order to change the operating mode.

Otherwise, the introduction of innovations may be considered illegal.

How to issue an order?

An order on working hours is issued by the head of the enterprise (organization) himself or an official authorized by him, which includes:

• accounting department employee;
• lawyer;
• HR employee.

The document is published in compliance with the basic rules applicable to the administrative documentation of the company.

The document must consist of a header indicating the full name of the enterprise (organization), the date of issue of the order, its number and the name of the locality. Next, it is indicated what the order will discuss - “on changing the working hours.”

Below it should be noted why such a document is issued (as a rule, employers indicate “with production necessity”) and the main instructions:

• Instructions on the abolition of the previously existing working regime and for which circle of persons the innovations are applied (for all employees or for individuals (positions)).
• Assigning new work hours for the entire team or for individual shifts, detailing the start and end of working hours.
• An order to put innovations into effect indicating the date.
• Appointment of persons responsible for the execution of the order, bringing it to the attention of employees who are affected by the established changes, as well as introducing appropriate changes to the local acts of the enterprise (organization).

If a new work schedule is established for individual workers, the order may indicate an order to conclude an addition to the labor agreement of such workers.

At the bottom of the document, detailed signatures of the manager and all persons responsible for the execution of the items of the order are affixed.

After bringing the contents of the order to the attention of the workers, the latter put their signatures on the familiarization sheet.

The document is filed in a folder for the main activity.

When the operating mode changes

Labor legislation establishes general principles and approaches to labor organization: normal work hours should not exceed 40 hours a week, employees are entitled to days off, lunch breaks, etc. All other issues: length of shift and work week, start and end times of work activities, the number and rotation of shifts - each employer decides independently, establishing the working hours of employees by local regulations, and for employees with individual conditions - by an employment contract. The set operating mode is changed in the following cases:

• at the initiative of the employer. Example: an enterprise has mastered the production of new products and plans to organize production in two or three shifts;
• at the initiative of the employee. Example: a pregnant employee asks for part-time working hours, since such a right is granted to her by law;
• by agreement of the parties. Example: an employee asked to move the start and end times of her workday so she could take her child to school. Or the manager asked the employee to work in a different mode while a colleague was ill.

Where can I download an order approving a change in work schedule at the initiative of the employer?

On our portal you can download the completed form for this order.

Find out how to temporarily change the work schedule (mode) at the initiative of the employer in ConsultantPlus. Study the material by getting trial access to the K+ system for free.

Using our sample, you can fill out a similar document yourself based on your own data.

Shift duration

The maximum duration of a work shift is not established by law (letter of Rostrud dated December 2, 2009 No. 3567-6-1). An exception to this rule are certain categories of employees for whom working time during a shift is limited. These include, in particular:

• minors;

• disabled people (the duration of the work shift is established in accordance with a medical report);

• car drivers (part 2 of article 329 of the Labor Code of the Russian Federation, section 2 of the Regulations approved by order of the Ministry of Transport of Russia dated August 20, 2004 No. 15).

A detailed list of employees who have a maximum work shift duration is given in Article 94 of the Labor Code of the Russian Federation.

If an employee opposes change

If a worker is not ready to work under a different working mode, he can do the following:

• transfer to another position in the organization;
• terminate the employment relationship with the organization.

The boss, in turn, is obliged:

• offer the subordinate available vacancies in the organization that correspond to his qualifications;
• make such a proposal in writing.

If a subordinate is not interested in any of the proposed vacancies, and he does not want to put up with the new schedule, the employer has the right to fire him.

In this case, the organization must award him severance pay equal to two weeks’ remuneration for work.

What does the mode mean?

The following provisions apply to the regime:

• Length of the week (for example, five days, part-time).
• Irregular hours for certain employees.
• Duration of one shift.
• Start and end times of work.
• Number of rest breaks.

When establishing a regime, it is recommended to obtain union approval. In addition, each of the listed provisions cannot contradict the Labor Code and other legislative acts. Information about the operating mode must be reflected in local regulations. It is expected that internal documents will document a common regime for employees. If a different regime is assigned to a number of employees, this must be reflected in the additional agreement.

Order No. 97-ls On establishing a full-time work schedule for S.P. Petrov

On establishing Petrov S.P.

full-time mode

I ORDER:

Set from 01.09.2009 to Sergei Petrovich Petrov, janitor, full-time work lasting 8 hours from 7:00 am. until 10 a.m.