A change in the work schedule at the initiative of the employer (a sample of the corresponding order will be presented in the article later) can occur if a number of conditions are met. Let's study the features of drawing up an order to change the work schedule.
Why do you need an order to change the work schedule?
The document in question is necessary to ensure the legality of changing the working hours of company employees. Such a change in the regime in the general case must be agreed upon through the issuance and signing of internal corporate acts, involving the introduction of appropriate changes to the employment contract or internal regulations.
The basis for a unilateral change in the working hours of employees, in accordance with Art. 74 of the Labor Code of the Russian Federation, there may be changes in the organizational or technological conditions of work for the company’s employees. In this case, the employer has the right to issue an order containing explanations regarding the objective reasons for changes in the employees’ work schedule.
If the employer cannot use the grounds specified in Art. 74 of the Labor Code of the Russian Federation, then in order to adjust the work schedule he must obtain the consent of the employees to whom it concerns. If this consent is not provided, then the employer has no right to issue an order changing the work schedule.
Order to change the work schedule: features of the document structure
An order to adjust employee work schedules must include:
1. Basic details - name, publication date, number.
2. Text block with justification for changing the work schedule, as well as a link to Art. 74 of the Labor Code of the Russian Federation, on the basis of the provisions of which the order is issued.
The justification may be, for example, the modernization of the production technology of goods, as a result of which the number of work shifts at the enterprise changes.
3. A text block with operative wording (“I order”) and a list of local norms introduced through an order.
4. A text block that records management’s orders to individual employees regarding ensuring the legality of the implementation of the provisions of the order.
In particular, in Art. 74 of the Labor Code of the Russian Federation states that the employer must offer other positions to employees whose work schedule changes.
5. A text block establishing the date and procedure for the order to come into force.
The document is signed by the head of the company. It is also necessary to familiarize employees with its provisions. Based on the order, new labor regulations (or additional agreements to employment contracts) are subsequently drawn up, which fix the changed work schedule.
If there is a change in the work schedule at the initiative of the employee, then the basis for issuing a similar order will be the statement of the initiator himself, that is, the employee.
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.
Using our sample, you can fill out a similar document yourself based on your own data.
Results
In a number of situations, the Labor Code of the Russian Federation allows the employer to unilaterally change the work schedule of employees. The main local regulatory act within this procedure is the order to change the work schedule. It must contain the rationale for the employer’s corresponding decision, and also regulate how the company will comply with the requirements of Art. 74 of the Labor Code of the Russian Federation regarding the need to provide employees who do not agree with the new schedule with alternative positions in the company.
You can study other nuances of personnel management related to work schedules in the articles:
Order to change working hours - sample 2016 may be required if the operating procedures established in the organization are changed or differ from the standards established by law. The features of adjusting the working hours and the procedure for issuing the corresponding order will be discussed in this article.
How to change working hours at the initiative of the employer
The operating mode is covered in Art. 100 of the Labor Code, which determines that the work schedule of the enterprise team is fixed by the internal labor regulations. If the regulations for the work activities of individual employees differ from the general procedure, the condition on the working hours should be reflected in their employment contracts.
At the request of the organization’s management, the work schedule can be changed:
- towards reducing working hours (Article 74 of the Labor Code of the Russian Federation);
- occasionally to perform overtime work (Article 99 of the Labor Code of the Russian Federation).
In both cases, the procedure for changing the work schedule involves filing:
Don't know your rights?
Employee application to change working hours
The work schedule can be changed by agreement of the employee with the management of the enterprise. Moreover, if such a desire is expressed by an employee who falls under the definition of Part 1 of Art. 93 of the Labor Code of the Russian Federation, the employer has no right to refuse him.
Changing working hours at the initiative of the employee must be preceded by a statement addressed to the head of the enterprise. The document is drawn up according to the standard rules provided for this type of documentation:
- the header indicates the addressee - the head of the company and the applicant - the employee;
- then after the word “application” there should be a request to change the work schedule, indicating the desired work schedule and the reasons that require such changes (for example, for family reasons);
- Below is the date and signature of the employee with a transcript.
After approval of the application from management to change the work schedule, the following are drawn up:
- order;
- add. agreement to the employment contract.
Orders to increase working hours and change the shift schedule
| Download the order form |
Order to change working hours does not have a single legislative form. However, based on the practice of personnel records management, such a document should contain the following information:
- name of the company, place and date of document preparation;
- a list of employees for whom there is an increase in working hours;
- reasons for increasing labor time;
- date of overtime work, its duration;
- the procedure for paying for overtime worked;
- signatures of the manager and specialists familiar with the document.
Using the same template, an order can be drawn up to make adjustments to the shift schedule, with the only difference being that the reasons for the changes, lists of employees and the date of adjustment will relate to the existing schedule. In addition, in this case it is worth indicating the terms for which changes are made to the work schedule, or noting that such changes are indefinite.
Schedule of working hours and rest according to Art. 57 of the Labor Code of the Russian Federation must be specified in the employment contract if there are any differences in the regime for a certain specialist.
For all other personnel, it is enough to apply the Internal Regulations, which outline the rules of work and rest.
If you need to change your work routine, this can be done by issuing an order, a sample of which is offered for download below.
In order to save money on wages, the manager can reduce the number of working hours. If necessary, on the contrary, increase the shift of a specialist for a certain period (seasonality, urgent order).
Changing the operating mode is permissible in the following cases:
- with the consent of a specialist (Article 72 of the Labor Code of the Russian Federation);
- at the suggestion of the employer (Article 74 of the Labor Code of the Russian Federation);
- at the request of the employee.
You might find some examples of these orders useful:
The operating hours may change for various reasons, and the registration procedure will be slightly different.
The most popular reasons are discussed below.
By agreement of the parties
Depending on which regulatory documents specify the work and rest regulations, appropriate amendments are made and an order is prepared.
Before signing the order, it is necessary to notify the employee(s) of the change in working day. The notice must be given to the employee no later than 2 months before the deliberate decision and contain the following information:
- basis for change;
- employee rights and responsibilities;
- deadline for the specialist to make a decision;
- consequences of accepting or refusing future changes.
If the company has employees whose working hours are specified in the employment contract, then it is necessary to conclude an additional agreement to it. A complete, detailed record is made indicating the new work schedule.
If the regime is fixed in the Internal Regulations, when it changes, new rules and orders for the enterprise are drawn up. Mere familiarization of specialists with the order is not enough; they must record their consent. This can be done using an agreement signed by the manager and each employee.
At the initiative of the employer
In the presence of improved technology and production techniques, structural reorganization of production, changes in the working conditions are permissible at the proposal of the director of the company (Article 74 of the Labor Code of the Russian Federation), while the labor function of the specialist remains the same. The employer is obliged to support his actions with reasoned arguments.
According to the employee
Initially, an application from a specialist is written to the head of the enterprise with a request to change the working hours, in which the desired work schedule should be indicated with the obligatory indication of the reasons (family circumstances, health status).
If the management responds positively, an order and an additional agreement to the contract are issued.
How to make an order?
The order to change working hours contains the following points:
- details of the enterprise, its name;
- place, date of document preparation;
- reasons for introducing new rules;
- the abolition of the previous regime and the introduction of a new regime indicating a specific time;
- listing the surnames and initials of employees whose working hours change;
- effective date of the changes made, their duration;
- remuneration procedure;
- signatures of the director and familiarized employees.
How much, in what mode and according to what schedule employees work, each employer decides independently. The main condition is that working hours do not exceed the thresholds established by law. As a rule, the operating mode is set once and for a fairly long period of time, but sometimes, due to various circumstances, there may be a need to change it. The main document on the basis of which changes occur is the order to change the working hours.
FILES
How and where the operating mode is reflected
Documents that record employees' working hours:
- collective or individual labor agreement,
- internal labor regulations.
Moreover, if there is a trade union organization at the enterprise, its opinion must be taken into account when establishing the working regime.
If any changes are made to this parameter of working conditions, the company must draw up a corresponding order, also approved by the trade union. The absence of this document, if anything happens, can lead to administrative punishment from supervisory authorities in the form of a fairly large fine both for the enterprise itself and for its manager.
Who draws up the order
An order to change the working hours is drawn up on behalf of the director of the enterprise by any employee authorized to write administrative documentation. This could be the head of a structural unit, secretary, legal adviser, etc.
The completed order is submitted to the head of the company for approval.
Without his signature, it will not acquire legal force and can be challenged without much difficulty with the help of a court or labor inspectorate.
What to rely on when creating an order
All orders issued by companies must have some basis in the form of a written document or legal norm. In this case, article 74 of the Labor Code of the Russian Federation can be indicated as such, the provisions of which serve as a direct basis for writing orders of this kind, but only on the condition that the changes are caused by changes in technical characteristics or organization of working conditions.
But Article 72 of the Labor Code of the Russian Federation, which can also serve as the basis for issuing an order to change the working hours, can only be referred to if these changes have occurred by mutual agreement of the parties.
Key points in drafting an order
Now there is no standard, uniform sample order for changing working hours, so employers can write it in any form. In some cases, enterprises use internal document templates approved in the company's accounting policies. But, regardless of which path is chosen, the order must include a number of mandatory information. These include:
- Document Number,
- locality,
- date of document preparation,
- Name of the organization,
- the essence of the order, i.e. new working hours,
- the basis for its writing,
- persons responsible for its execution, indicating their positions and full names (here this is usually a specialist or the head of the personnel department).
It would be good if the reasons why these changes occurred were immediately indicated (optimization of the production process, difficult financial situation of the company or, on the contrary, an increase in the volume of work, etc.). If any additional papers are attached to the document, their presence must be indicated in a separate paragraph.
It must be said that the order may concern both individual employees of the enterprise and the entire team as a whole: information about this also needs to be reflected in the document.
How to place an order correctly
As for the descriptive part of the document, the law does not impose any special requirements for its execution, so the order can be written on an ordinary blank sheet of A4 or A5 format or on the company’s letterhead, printed or handwritten. The only thing that must be observed is the presence of an original signature of the head of the organization or a person authorized to endorse such papers.
In addition, the order is usually signed by the employees responsible for its implementation and those personnel representatives who are directly affected by it.
The signatures of the latter, although they do not have to be present on the document, indicate that their authors are familiar with the order and agree with it.
Today there is no strict need to put a stamp on an order: various types of cliches and stamps can only be used in cases where this norm is established in the internal local acts of the company. In the general procedure, which also applies to legal entities, seals and stamps are no longer required for use.
Usually the order is written in one original copy, but if necessary, it can also be made additional copies(for example, for presentation to the HR and accounting departments).
After writing the order
After the order has been issued and all employees have become familiar with it, on the basis of it, additional agreements to employment contracts are concluded (in connection with changes in working conditions, which include working hours), and necessary changes are made to the internal labor rules routine.
How and for how long to store the form
For the entire period of validity, the order must be filed with the rest of the administrative documentation in a separate folder, which must be kept in a place with limited access. After the current document has passed, it should be given to the archive of the organization, where it should be stored for the period established by law (but at least three years) or the period specified in the internal local regulatory documents of the enterprise.
There are two ways to change working hours at an enterprise - by agreement with employees or unilaterally. The need for this may arise when there are changes in business processes or the need to improve operational efficiency. When drawing up a sample order to change the working hours, you need to take into account that the normal length of the working week is no more than 40 hours (Article 91 of the Labor Code of the Russian Federation). The most common variant of working time distribution is an eight-hour work week (five days with days off on Saturday and Sunday).
How to prepare an order to change the work schedule
To change working hours, you need to draw up an order. Subsequently, all employees of the company will have to familiarize themselves with this document against signature. In the sample order to change (change) the work schedule, it is necessary to indicate the objective reasons for the change in schedule.
If the employee agrees with the new schedule, the employer must conclude with him an additional agreement to the employment contract or an agreement on consent to the changes made. If the employee does not agree to work according to the schedule that sets the order to change the employee’s work schedule, this fact is recorded in writing. The employee may resign immediately or within two months from the date of receipt of the notice.
Contents of the order on a temporary change in the employee’s work schedule
The sample order for the introduction of a new work schedule usually contains the following points:
- Date of preparation;
- name of the unit for which the new labor regime is being introduced;
- reason for change;
- the essence of the order (to change the organization of work of individual employees/department/the entire company);
- basis for changes;
- signature of the head of the organization;
- signatures of employees who have read the order.
Based on the order to change the operating mode of the enterprise, new labor regulations will be introduced.
Please note: if the employee does not agree with the new working conditions, the employer is obliged to offer him another job (a position corresponding to the employee’s qualifications or a lower one).
To draw up a competent order to temporarily change an employee’s work schedule, answer the clarifying questions and fill out the template prepared by our lawyers.