Sample order for transition to a shift work schedule

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Published: 07/13/2020

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• 1 Documentation
• 2 Why do you need a shift schedule?
• 3 We issue an order appointing someone responsible for maintaining the timesheet: sample 2020
• 4 When is a shift schedule needed?
• 5 Is it possible to change information in it?
• 6 Responsibilities of the employer
• 7 Features of the formation of a shift schedule, general information
• 8 Order on the introduction of shift work
• 9 Order on the appointment of someone responsible for maintaining time sheets
• 10 Order on the appointment of a person responsible for drawing up a work schedule
• 11 Order on approval of the shift schedule
• 12 Order approving the shift schedule | articles | magazine "personnel affairs"
• 13 An example of drawing up a company order to appoint a responsible person
• 14 The process of creating a shift schedule
• 15 Shift scheduling
• 16 In three days

Documenting

To be able to use a shift schedule, the employer will have to:

• Issue an appropriate Order regarding the introduction of shift work.
• Display the condition for introducing a shift schedule in the Labor Regulations or in the collective agreement - in strict accordance with Article 100 of the Labor Code of the Russian Federation.
• Develop a shift schedule in accordance with the requirements of Part 2 of Art. 103 Labor Code of the Russian Federation.
• In the employment agreement, indicate the introduction of a shift schedule in accordance with the rules of Part 1 of Art. 100 and part 2 of article 57 of the Labor Code of the Russian Federation.

Let's take a closer look at the available features.

If you transfer an employee to another schedule temporarily, how long before you need to familiarize yourself with

73 of the Labor Code of the Russian Federation, if changes in organizational and technological working conditions, and changes in working time conditions occurring in connection with this, may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected trade union body of this organization, to introduce part-time work for up to six months. Cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the organization’s employees.

Why do you need a shift schedule?

The shift schedule is one of the most important internal documents of the company.

Based on the schedule, employees' working hours are recorded and their wages are subsequently calculated.

Thus, it relates not only to methods of organizing work at an enterprise, but is also a serious accounting form.

We must not forget that if the company provides for shift work, then the availability of the schedule is necessarily checked by government supervisory structures (for example, the labor inspectorate and the tax service). The absence of this document may result in the imposition of an administrative penalty on the enterprise and its management in the form of a fairly large fine.

We issue an order appointing someone responsible for maintaining the timesheet: sample 2021

It is important to note that if it is difficult to draw up a sample for filling out a shift schedule (it is impossible, for example, to determine the normal number of hours for an accounting period), then it is necessary to track overtime, which will be considered overtime work. Some points regarding payment Calculation of wages for a shift schedule is somewhat different from standard

The specificity here is that the number of working hours according to the regime established at the enterprise may differ from the norm established by law, both upward and downward (the so-called planned overtime or underwork). To ensure that there are no errors in salary calculations, at the end of the accounting period, the following parameters should be reconciled: the number of working hours in accordance with the norm and their number, based on real indicators.

If you transfer an employee to another schedule temporarily, how long before you need to familiarize yourself with

If the schedule is fixed in both the PVTR and the employment contract... For example, in both documents it is stated that the employee must work from 9.00 to 18.00, and his lunch is set from 13.00 to 14.00. Changes in the PVTR do not automatically entail changing the terms of the work schedule specified in the employment contract. Therefore, it is wrong to think that if the PVTR changes, then there is no need to make changes to the employment contract, but that the employee’s visa “agrees” to the new PVTR is sufficient. Remember that the employee agreed to work under the conditions specified in his employment contract. Therefore, compliance with the terms of the contract is mandatory for both parties. The employer needs to make changes to the employment contract (by drawing up an additional agreement to the employment contract or in accordance with Article 73 of the Labor Code of the Russian Federation).

When is a shift schedule needed?

When production processes at an enterprise exceed the permissible working hours, it is optimal to introduce a shift work schedule. In accordance with Art.

103 of the Labor Code of the Russian Federation, this is a constant non-stop process when employees work in two, three or four shifts. Often, employers confuse the concepts and introduce a shift work schedule where it is not necessary.

So in what cases is such a work schedule necessary? According to the law (Article 103 of the Labor Code of the Russian Federation):

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Encyclopedia of personnel orders from the Personnel System.

• when there is a need to provide 24-hour services (for example, security companies, hospitals) or a non-stop production process (for example, factories);
• when it is necessary to use equipment more efficiently and rationally, to increase the turnover of goods produced or services provided (for example, convenience stores).

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Is it possible to change the information in it?

Changes are allowed to the approved shift schedule, but only as a last resort and in compliance with certain rules.

Firstly, if changes occur at the initiative of the employer, he must notify his subordinates in advance about them and obtain their written consent - without them, making changes legally will be problematic.

If one of the employees asks to change the shift schedule, he must draw up a special application addressed to the manager. The application must indicate the reasons for the request (it must be respectful with appropriate written justifications), then the consent of the other employees to whom the document concerns must be obtained. If colleagues and management managed to reach a compromise, a new order is formed, on the basis of which the necessary adjustments are made to the schedule.

Employer Responsibilities

When switching to a shift work schedule, the employer undertakes to perform a number of actions:

• issue an order that the enterprise introduces a shift work schedule;
• reflect the changes that have entered into force in the collective agreement or labor regulations at the enterprise (according to Part 1 of Article 100 of the Labor Code of the Russian Federation);
• draw up a shift schedule (according to Part 2 of Article 103 of the Labor Code of the Russian Federation);
• enter the terms of the shift work schedule with a specific employee in his employment contract.

The order itself to switch to shift work is issued in any form. It must indicate the positions to which this change applies, the timing, as well as the procedure for introducing a shift regime.

When changes to the work schedule are reflected in the Labor Regulations of the enterprise or in the collective agreement, it is necessary to indicate:

• length of the working week at the enterprise;
• duration of the shift (daily), including part-time shifts;
• the time when work begins and ends;
• time allotted for breaks;
• number of shifts in one day;
• system of alternating non-working and working days.

Changes made to the employment contract regarding shift work schedules must be agreed upon with the employee in writing. Also, if a shift work schedule was introduced before the conclusion of the employment contract, then appropriate changes must be made to the document (in the manner prescribed by Labor legislation).

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Transfer of an employee to another shift schedule at the initiative of the employee, how to register it with the employer

Testing upon hiring When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work.

The absence of a probationary clause in the employment contract means that the employee was hired without a trial.

In the event that an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), the probationary clause can be included in the employment contract only if the parties formalized it in the form of a separate agreement before starting work. During the probationary period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations.

When dismissing an employee due to refusal to work under new conditions, in case of a dispute with the employee, the employer must have evidence that will confirm that the change in the terms of the employment contract was a consequence of changes in organizational or technological working conditions.

This is stated in paragraph 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. If the employer cannot provide such evidence and connect one with the other, then a change in the terms of the employment contract, and therefore the dismissal of employees who refused to continue working in new conditions, may be considered illegal (see.

, for example, the ruling of the Moscow City Court dated July 6, 2010.

in case No. 33-19889). Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment 2.

• Labor law
• Protection of workers' rights
• Hello! They want to transfer to a different work schedule, they threaten with dismissal for their own reasons or due to production needs, but it provides for a change in place of work or position, but nothing is said about the schedule... If the work schedule is not indicated in the employment document, is the employer able to transfer me without notifying me? Or can I somehow prove it? Through accounting, for example, Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

• What to do if, when returning to work from maternity leave, the employer offers a different schedule?
• They promise to fire me in 2 months if I don’t agree to a different work schedule.

Lawyers' answers (3)

• All legal services in Moscow Assistance with transfer to part-time work Moscow from 15,000 rubles.

If only the work schedule changes from a five-day week to a shift schedule, an additional agreement must be concluded with the employee to the employment contract, which states that the employee is assigned a shift work schedule for a certain period (for example, a week).

In this case, the employee must be familiarized with the shift schedule by signature.

If the employee does not agree, changing his work schedule at the initiative of the employer is possible only if such a need is caused by a change in organizational or technological working conditions, and the employee is notified of these changes and their reasons at least two months in advance (Article 74 of the Labor Code RF). The need to replace an absent employee does not apply to such changes. Read more about shift work here: Therefore, an employee’s work schedule can only be changed with his written consent. 2.

Important

That is why it is necessary to carefully comply with all regulations of the legislator. If the procedure is violated, unfavorable consequences for the employer may occur. Notice (sample) All affected employees should receive notice.

This fact is confirmed by their painting. If an employee refuses to receive a notification, then this circumstance should be recorded in an act. Notice in such a situation is sent by mail with return receipt requested. Example: Order (sample) An order in the process of changing the regime is issued in 2 cases:

• the need to make adjustments to the PVTR;
• the employer makes changes unilaterally.

In the first case, the order is necessary, since it confirms the fact of making a change to the local act.

350 Labor Code of the Russian Federation).

Internal transfers: done correctly

And we will help you win in court. Note! A “shortened” working week may be provided for in a collective agreement, collective agreement and individual employment contract. Therefore, they can set a higher number of hours in the workweek than is provided for in the collective bargaining agreement or agreement.

In the same case, when the law, by-law, collective agreement, and collective agreement provide for a shortened working week for employees of the organization of different durations, all parties must focus on the shortest of them and not go beyond it.

New regulations that worsen the employee’s position in comparison with a specific collective agreement or agreement are invalid.

Those who do not agree with the changes are fired. Two months after employees familiarize themselves with the document, they must:

• issue a transfer order;
• make changes to the employment contract;
• make an entry in the work book.

For a shortened or part-time working day Unlike a shortened working day, which is indicated in calculations as full-time, for a part-time working day only hours worked are taken into account. First, an employee application is required. The boss does not have the right to refuse only minor employees and pregnant women; in other cases, the decision remains at his discretion.

Then an addendum to the employment contract is drawn up, where new working conditions are prescribed. The transfer of an employee to part-time work is completed at the employee’s initiative by issuing an order, which is signed by both parties.

How to transfer an employee to another job

The financial crisis has created serious problems for employing companies. In the current realities, many managers are thinking about a more rational distribution of resources for their effective use. Thus, in order to save money, technological and organizational working conditions are changing.

For example, an employer approves a part-time or part-time working week for all or some employees. The need for such actions may be caused by other problems or tasks of the employer.

A change in working hours is formalized in two ways: by decision of the parties or unilaterally by the employer, if there is a legally approved basis for such operations. The procedure itself will depend on which of these options is valid in a particular case.

If the employee refuses to work in the new conditions or there are no suitable vacancies in the organization, after the expiration of the warning period, the employment contract must be terminated due to refusal to continue work in the new conditions on the basis of paragraph 7 of part 1 of Article 77 of the Labor Code of the Russian Federation with the payment of compensation (Part. 3, Article 178 of the Labor Code of the Russian Federation).

Details in the materials of the Personnel System: 1. Answer: How to change an employment contract Grounds for change In what cases is it necessary to make changes to an employment contract with an employee? The need to make changes to an employment contract arises when the information or conditions contained in it change.

In this case, it does not matter what terms of the contract need to be changed: mandatory or additional.* In general, changes to an employment contract can only be made with the mutual consent of its parties (Article 72 of the Labor Code of the Russian Federation). In this case, the initiator of changes can be both an employee and an employer (Chapter

Source: https://24-advokat.ru/perevod-rabotnika-v-drugoj-smennyj-grafik-po-initsiative-rabotnika-kak-oformit-rabotodatelyu/

Features of the formation of a shift schedule, general information

If you are tasked with creating a shift schedule, and you have no idea how exactly it is formed, read our recommendations - they will give you an accurate idea of ​​​​this document. Also check out the example of filling it out - based on it you can easily create your own form.

Before moving on to a detailed description of the schedule, we provide general information about the document. Let's start with the fact that there is no unified form of the schedule. This means that it can be written in free form or according to the model approved in the accounting policy of the organization. In this case, the method of forming the form must be reflected in the company’s regulations.

Regardless of which scheduling method is chosen, the document must contain a number of mandatory data:

• Company details;
• information about the place and time of compilation;
• the schedule itself.

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The form must be certified by several persons. Firstly, by those employees in respect of whom it was formed, secondly, by the head of a structural unit and, thirdly, by the director of the company.

It is not necessary to certify the form with a seal - this should be done only when such a condition is in the company’s local documentation.

The schedule can be drawn up on a simple blank sheet of paper (preferably A4 format) or on the organization’s letterhead (if such a requirement is established by management). You can write it manually or on a computer (with mandatory subsequent printing).

Order on the introduction of shift work

• the weekly working hours in the sum of all shifts should not exceed forty hours;
• every shift people should be given a lunch break (its duration is determined individually - from 30 minutes to 2 hours);
• employees must be provided with uninterrupted rest for 42 hours every week;
• the employer is obliged to indicate to employees that it is inadmissible for them to perform their duties in two shifts in a row (except in emergency cases) - and strictly monitor this.
• If an organization feels the need to use a shift schedule for different categories (positions) of employees, then for each of them the duration of the shift can be determined separately (such situations occur in transport companies - one work mode is used for drivers, another for dispatchers, and another for service personnel). third).

If he is forced to work on a holiday (state non-working days are specified in the Labor Code of the Russian Federation), then he must be paid at the appropriate standard rate, i.e. in double size. Consolidating the work procedure If the management of an enterprise decides to use a shift work schedule, it must consolidate this norm in the accounting policy, or more precisely, in the Internal Regulations.

If the company has a trade union cell, these Rules, including those regarding shift work, must be approved by its representative. A five-day period is allotted for interaction with the trade union - during this period, trade unionists must either approve the Rules presented to them or challenge them with evidence. It is also possible to establish the use of a shift schedule in a collective agreement.

Sample of an order to change working hours

Each person in the labor market fulfills his part of the obligations according to the approved working hours, distributed over various periods of time, from a day to a year.

Work routines are measured by the number of days, weeks and shifts. Legislative regulation Article 100 of the Labor Code regulates this issue and provides for the following provisions:

1. 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.
2. Working with uneven working hours for certain categories of employees.
3. The length of the working week directly depends on the schedule (5/2, 6/1, flexible schedule, part-time).

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 working hours It is impossible to change the working hours without compelling reasons.

Order on appointing someone responsible for maintaining time sheets

It is approved by order of the manager, after which it is communicated to employees, the specifics of interaction with whom are now also revealed. However, it is worth talking about ways to overcome difficulties in introducing a new labor regime that are not specified in the legislation. In particular, if workers refuse, we can offer them other vacant positions, but we should remember that a shift schedule is very often established for production workers and those who perform complex services.

Order on the appointment of a person responsible for drawing up a work schedule

An administrative document in an organization is an order. The person responsible for maintaining the timesheet is appointed by this document. Is the form of the order different for a limited liability company and a joint stock company? Who can be entrusted with this work? How to draw up an order appointing those responsible for maintaining timesheets? The answers are in the article.

For accounting, you need a time sheet. For the purposes of personnel records, organizations maintain a time sheet. This document takes into account the time actually worked by each employee of the organization. Based on the working time sheet, wages are calculated to the staff.

In practice, organizations and individual entrepreneurs usually use form No. T-12 (No. T-13), although the accounting sheet can be developed independently (Art.

• the full name of the company (for example, Limited Liability Company "Polyot"), which fully corresponds to the official name;
• date of issue of the order, its number, and full name;
• Full name of the responsible person who issued the order to appoint the employee (usually the general director, his deputy or employees who perform their duties);
• the preliminary part of the text (preamble), which indicates the main task, a reference to the specific law on the basis of which the corresponding decision was made;
• its actual essence;
• then the director’s signature, dispatch and seal of the organization are affixed.

We invite you to familiarize yourself with the work contract concluded orally

The following example can be used as a sample order for the appointment of a responsible person: PLEASE ATTENTION.

Transfer to another schedule

For example, as a general rule, the normal working week is 40 hours (Part 2, Article 91 of the Labor Code of the Russian Federation), for employees under the age of 16 years - no more than 24 hours a week (Part 2, Part 1, Article 92 of the Labor Code of the Russian Federation) . At the same time, for employees working part-time, the normal working week is reduced.

The specific method of maintaining summarized records must be provided for in the internal labor regulations. This procedure is established by Article 104 of the Labor Code of the Russian Federation. Special rules for limiting working hours for cumulative accounting may be established in industry agreements. For example, the working hours of employees in the oil and gas industry with cumulative accounting (including during shift work) should be no more than 12 hours a day. This is stated in clause 4.2 of the Industry Agreement dated December 13, 2013. Colleagues, good evening! The employment contract does not specify the work schedule and the working and rest hours. Everything is spelled out in the PVTR. How to familiarize an employee with his specific schedule and regime, if we have five shop foremen and each has his own schedule and regime. And the second question is how to change an employee’s work schedule, temporarily or permanently, if these conditions are not defined in the employment contract? Or is there still a reference in the employment contract to the fact that everything is determined in the PVTR and the employee gets acquainted with the PVTR - can we consider that the working hours and schedule are certain conditions of the employment contract? Thank you in advance. Answer: How to keep summarized records of working time Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia With summarized records, daily and weekly working hours may deviate from the established norm. However, during a certain accounting period, all allowed processing must be compensated for by deficiencies. In general, an accounting period can be a month, a quarter, a half-year, etc., but not more than a year. An exception is recording the working time of employees engaged in work with harmful and (or) dangerous working conditions.

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For them, the accounting period cannot exceed three months. Determine the total working time according to the production calendar based on the normal length of the working week established for a certain category of employees.

That is why it is necessary to carefully comply with all regulations of the legislator. If the procedure is violated, unfavorable consequences for the employer may occur.

Notice (sample) All affected employees should receive notice. This fact is confirmed by their painting. If an employee refuses to receive a notification, then this circumstance should be recorded in an act.

Notice in such a situation is sent by mail with return receipt requested. Example: Order (sample) An order in the process of changing the regime is issued in 2 cases:

• the need to make adjustments to the PVTR;
• the employer makes changes unilaterally.

In the first case, the order is necessary, since it confirms the fact of making a change to the local act. The fact that the employee received his copy of the additional agreement will be confirmed by his signature on the employer’s copy. This conclusion allows us to draw part 1 of Article 67 of the Labor Code of the Russian Federation. If the organization keeps a log of employment contracts, then record in it the issuance of a copy of the additional agreement to the employee. Special cases of changing an employment contract In what cases should changes be made to an employment contract with an employee in a special manner? In some cases, before drawing up an additional agreement to the employment contract, it is necessary to complete a number of procedures provided for by law. Note.

Order on approval of the shift schedule

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There is no standard document on establishing a shift schedule, so the manager has the right to create a document in any form. The shift schedule can be arranged in two ways:

• first. As an annex to a local regulatory act, which will establish a shift work schedule (collective agreement, labor regulations);
• second. Approve as a separate document by order of the head of the enterprise.

According to Art. 103 of the Labor Code of the Russian Federation, the manager undertakes to inform each employee of changes in the enterprise’s work schedule no later than a month before these same changes come into force.

Since the shift schedule is a mandatory document for both parties to the employment contract, the company does not have the right to hire third-party employees to work outside the schedule.

Exceptions can only be in some cases related to overtime work (according to Article 99 and Article 103 of the Labor Code of the Russian Federation).

Transfer to another work schedule

Important

If you do not do this, then if the employee violates the schedule (for example, absenteeism from work on his shift), you will not be able to bring him to disciplinary liability. Details in the materials of the Personnel System: 1. Answer: How to change an employment contract Grounds for change In what cases is it necessary to make changes to an employment contract with an employee? The need to make changes to an employment contract arises when the information or conditions contained in it change. It does not matter what terms of the contract need to be changed: mandatory or additional.

You will find important information about shift work schedules in the material at the link. In general, changes can be made to an employment contract only with the mutual consent of its parties (Article 72 of the Labor Code of the Russian Federation). In this case, the initiator of changes can be both an employee and an employer (Chapter

They indicate the item to be changed, as well as its new edition. This agreement is signed by both the employee and the employer. If employees do not agree, the transformation procedure will look like this:

• the employer issues an order to change the regime;
• employees must be familiar with the order against signature;
• further, the employees either sign an additional agreement, or the employment contract with them will be terminated.

If the regime is established by internal regulations. If the working time regime is approved in the PVTR, the conversion procedure will be carried out in the following order:

• approve the local act in a new edition (with a changed regime) by issuing an order from the manager;
• enter into agreements with employees regarding their consent to the changes.

An example of drawing up a company order to appoint a responsible person

Order on organizing work to maintain shift work So, if the company has come to the conclusion that it is necessary to organize work in shifts, it is necessary to take care of the following points:

1. Initially, an order on the shift schedule is drawn up, a sample of which will be given below. It is worth noting that it is not compiled according to a unified form, but should only reflect: the reason for the introduction of a shift regime; the date on which the changes take effect; who is assigned to develop a shift schedule (usually this is the responsibility of the head of a structural unit); who is responsible for making changes to the PVTR, signing additional agreements, familiarizing with the changes.

Production calendar

They can decide on further work within 2 months. The legislator does not prohibit an employee from terminating an employment contract earlier. If after 2 months the employee has not accepted the vacancies offered to him and has not signed an additional agreement, then the relationship between him and the employer will be terminated.

Attention

Financial issues The new provision will be in effect from the moment the additional agreement is signed. Accordingly, all calculations under the amended rule will be made from this date. Important nuances Remember that p Reflection in the time sheet The relevant changes must also be reflected in the work period sheet in order to determine how to correctly calculate wages.

So, if the employee was transferred to part-time work, then the timesheet is marked with the designation “NS” from the corresponding shift.