How to draw up an order on the operating hours of an enterprise: sample, rules

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.

Working hours

Article 91 of the Labor Code of the Russian Federation defines the working hours as the time period established by the enterprise during which the employee performs his immediate duties. The working hours are legally regulated by the following documents:

• Internal labor regulations;
• Employment contract;
• Collective agreement and other agreements between the employer and company personnel.

According to Article 57 of the Labor Code of the Russian Federation, the work schedule is established for a specific employee only if it differs from the general schedule. Otherwise, it is permissible to use PVTR, which are a normative act of local significance and determine the operating mode in accordance with Article 189 of the Labor Code of the Russian Federation.

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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

About irregular mode

This is a concept that deserves separate consideration. In practice, the concept is used to designate a special mode of operation. In connection with its introduction, certain categories of employees may perform their job duties outside the generally established norms. What are the reasons for this:

1. On one’s own initiative, but with the approval of a manager or official.
2. After the employer's resolution has been issued.
3. Occasionally, according to orders verbally or in writing.

In this regard, overworking time appears. But do not assume that it refers to overtime work. This time is not compensated by the provision of additional leave. The government or authorized authorities determine a list of categories of citizens who cannot use irregular working days.

Additional leave can only be established by the employer himself, using his own funds. The maximum duration of such vacations is seven calendar days. The employer himself or the collective and labor agreements determine the procedure for each specific situation.

You can establish a so-called flexible work schedule, including time-based payment. In this case, the time actually worked is taken as a basis. This scheme is used separately or as an addition to an irregular schedule. The main thing is to select the category of employees who allow the introduction of appropriate rules, and separately ensure that no one’s rights are violated due to the innovation.

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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.

Compliance with labor standards

A work schedule is not a legally significant document. If the work schedule is violated by an employee or employer, the conflict is resolved using a work schedule. The employee, based on the schedule, can protect his rights in court or through negotiations with the employer. The manager can hold the employee administratively liable, up to and including dismissal.

When drawing up a new schedule, coordinate it with the representative body of workers, if there is one at the enterprise, otherwise the schedule is considered invalid (Article 372 of the Labor Code of the Russian Federation).

It is important to comply with the law: restrictions on working hours, duration of rest, establishment of shift work from Ch. 16 Labor Code of the Russian Federation. Let's highlight some norms:

• each employee works no more than 40 hours per week;
• pregnant women, employees with children under three years of age or with disabled children under 14 years of age, minor employees must work no more than 30 hours a week;
• in case of shift work, Saturday and Sunday may be working days;
• work on weekends and holidays is subject to additional payment;
• if work on weekends and holidays was overtime, then payment must be made at double the rate.

Order to change the work schedule - sample and form

In this case, an act is drawn up. In this case, the notification is read out orally.

A notice may also be sent to a refused or absent employee by mail to the address specified in the employment contract.

In this case, the employer is considered to have fulfilled his obligation to promptly warn his subordinates.

How much and where should it be stored? The main regulatory document defining the storage periods for administrative documents is the List of Standard Documents, approved. Rosarkhiv in 2000. According to the classification given in this document, orders to establish and change working hours for the entire organization as a whole relate to orders for core activities and are stored permanently.

The order and additional agreement with the employee on the establishment of an individual regime will apply to personnel.

Such a document is kept for 75 years.

How can I change it at the request of the employee?

An employee has the right to petition for a change in working hours if there are objective and reasoned reasons for such adjustments.

To change the work schedule, the employee should draw up a corresponding application addressed to the manager and indicate in it the reasons for introducing innovations, as well as the desired work schedule.

The application is drawn up in free form and submitted for consideration to the manager directly or through the office.

The Directorate reviews the submitted application and issues an approving or rejecting resolution. If the worker agrees to establish a new work schedule, management issues an order indicating the new schedule.

The order is submitted for familiarization to the employee against signature, after which an addition to the employment agreement with amendments regarding the working hours is concluded between the latter and the company management.

How to submit an application?

An application requesting a change in operating hours is drawn up in free form using the company’s letterhead (if available) or on a sheet of A-4 format. The document can be handwritten or printed.

There are no special requirements for this petition; it must be written taking into account the basic rules of a business letter, without allowing corrections or errors.

The statement consists of a header and a body. The header indicates the addressee of the appeal and from whom it was written.

The main part includes an indication of the reasons for making changes (the reasons are revealed and the documents supporting them are described), the essence of the desired changes and their time detail.

The paper is dated on the day it was drawn up and signed by the worker himself.

statements about changes in operating hours – word.

Sample order

An order to change the working hours relates to administrative documentation and is issued in accordance with the requirements of office work rules.

The order must consist of a header indicating the name of the enterprise, document number, date of publication, city in which the organization is located, as well as the purpose of publication.

The main part indicates the reason for making changes to the employee’s work schedule, as well as the temporary details of such innovations.

The administrative part includes a list of orders aimed at putting the order into force:

• To the accounting department - to calculate earnings taking into account the implementation of the new schedule;
• Contact the legal department or HR department about the need to conclude an additional agreement.

The presented document is signed by the head, as well as by all officials who are affected by the orders given in the order.

order to change the work schedule at the request of the employee - word.

Order on the operating hours of an enterprise sample

> Criminal law

08.01.2020

In accordance with Articles 100, 103, 104, 73 of the Labor Code of the Russian Federation and the Internal Labor Regulations of PJSC "Organization", in order to optimize the operation of the enterprise and increase labor productivity, in agreement with the trade union committee

1.

Establish from December 12, 2015 the following operating mode: - for workers of the main (workshop No. 1, 2) and auxiliary production (workshop No. 3, 4, 5,6), plant management, non-industrial sphere (institution No. 7, trade union committee ) a five-day work week with two days off, Saturday and Sunday;— for power-mechanical shop No. 8, the general day off is Sunday, the second day off is provided according to the schedule approved by the head of the shop.2. For workers in the main production and in the secondary resources processing area, establish a two-shift work schedule: - the start of the first shift is 7.30; - the break time for lunch and rest is from 11.30. to 12.15; - end time of the first shift 16.15. - start of the second shift 16.15; - break time for lunch and rest from 20.15 to 20.45; - end time of the second shift 00.45.3. For workshops and areas that have not been transferred to a two-shift operating mode, the working day is set to: - start of work at 7.30; - break time for lunch and rest from 11.30 to 12.15; For the tool shop, the break time for lunch and rest is from 11.00 to 11.45; - the end time of work is 16.15.4. For workers of the smelting section (smelting section foreman, metal and alloy smelter, batch loader in cupolas and furnaces), pouring section (metal pourer, TML operator) and charge yard (charge yard crane operator), set a multi-shift operating mode: - start of work first shifts from 7.30, lunch break from 11.30 to 12.00, shift end time at 16.00; - start of the second shift from 16.00, lunch break from 20.00 to 20.30, shift end time at 00.30; - start of the third shift from 00.30, lunch break from 3.30 to 4.00, time

shift ends at 7.30.

5. Workers of the transport and warehouse department, employees of the plant management, establish the following work schedule: - start time from 8.00; - lunch break time from 12.00 to 13.00; - end time of work 17.00.6.

Workers of the quality control service, drivers and tractor drivers of the transport and warehouse department, personnel inspectors of the personnel department serving the main production, set the working day in accordance with the operating hours of the main production.7.

Workers engaged in servicing technological equipment, drivers of the duty vehicle of the transport and warehouse department, inspectors of the technical condition of motor vehicles of the transport and warehouse department, foreman of the industrial control department, security service workers, on-duty plumbers, mechanics-repairers of compressor units, drivers of compressor units, duty mechanics manufacturing of components and parts of sanitary systems, watchmen of the housing maintenance department, electricians on duty for the repair and maintenance of electrical equipment of the high-voltage service, electricians of station equipment for linear communication of automatic telephone exchanges, establish a shift mode with summarized accounting of working hours with days off according to schedules shifts, developed and approved by the heads of structural units.8. In winter, the managers of the secondary resources processing section and the finished products shipment section of the transport and warehouse department should provide special breaks for heating and rest for employees working outdoors.9. The accounting period of summarized working time for employees of paragraph 6 of this order is determined by a calendar month.10. The head of the personnel department is ordered to inform all employees of the enterprise about changes in significant working conditions.

11. Control over the implementation of this order is assigned to the Director of Economics.