Legal consultation > Administrative law > Document preparation > How to write an application to change the work schedule? Sample and filling rules
Relations between an employee and an employer are regulated by internal labor regulations (ILR) or an employment contract, if the working conditions of this employee differ from all other employees of this organization.
If there is a need to change the work schedule, you need to know how to correctly formalize these changes, depending on the document in which the schedule is written.
What is a working time schedule
This definition means information about the beginning of the working day of an enterprise employee, its end, breaks and total duration. Information about it is necessarily contained in the employment contract, collective agreement (if there is one in the organization) and the company’s regulatory documents (for example, in the internal regulations and working hours).
An employee usually becomes familiar with the schedule upon employment and subsequently strictly adheres to it. If there is a need to change the working hours, the employee is required to write a corresponding statement (and whether the change is permanent or temporary does not matter).
Legislative regulation
Article 100 of the Labor Code regulates this issue and provides for the following provisions:
- The length of the working week directly depends on the schedule (5/2, 6/1, flexible schedule, part-time).
- Working with uneven working hours for certain categories of employees.
- 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.
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.
On whose initiative may work schedule changes occur?
Changing the work schedule can occur either at the initiative of the employee or at the will of the employer. At the same time, regardless of who wants to change it, there must be good reasons for this.
In the case of an employee, this may be some family circumstances (for example, the presence of a child under 14 years old or 18, if the child is disabled, caring for seriously ill or elderly relatives), as well as pregnancy, illness, change of place of residence, and even change (deterioration) of the financial situation, in connection with which it is necessary to look for a part-time job - and all this must be confirmed by relevant certificates.
As for the employer, changes in the employees’ work schedule may be caused by organizational or technological reasons. The first includes reorganization or preparation for liquidation of the company, the emergence of financial problems, etc. The second includes metamorphoses occurring in production processes and cycles, including the modernization of equipment, the introduction of innovations, etc.
But regardless of the reason why the employer wants to change the employee’s working hours, he is obliged to notify him in writing at least two months before the occurrence of this event (and the employee has the right to either accept this or refuse and quit).
Also, regardless of who exactly is the initiator of changes in the work schedule, the employee is required to write a statement.
Is it possible to fire an employee if they refuse?
Changing your work schedule is not a reason to quit!
If the employee does not agree to the new working conditions, the employer undertakes to offer him all available vacancies at the enterprise that correspond to his qualifications. Vacancies must be offered in writing only and must all be located in the local area.
If an employee is not satisfied with any of the proposed vacancies, and he does not agree to work according to the new schedule, he can be fired under Art. 77 of the Labor Code of the Russian Federation (an employee’s refusal of a position due to changes in the employment contract). In this case, the company undertakes to pay him severance pay in the amount of two weeks' earnings.
Important: you must also offer lower-level positions; without this, the dismissal will be considered illegal, and the court will oblige the employee to be reinstated.
If the documentation is completed correctly, the transfer of part of the employees or the entire team to a new schedule will take place without problems and mutual claims between the employer and employees.
To learn how to set up employee working hours, watch the video:
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Is it possible to do without an application?
It is impossible to do without an application, since the working hours regime (schedule) is one of the main conditions of the employment contract of an enterprise employee, which is concluded at the stage of his employment.
And any subsequent change to the clauses of the contract should always occur only by mutual agreement of the parties. After an agreement is reached between the parties, an additional agreement to the employment contract is formed between them regarding this or that change.
An example of a memo about changing operating modes
ContentsThe relationship between an employee and an employer is regulated by internal labor regulations (ILR) or an employment contract if the working conditions of this employee differ from all other employees of this organization. If there is a need to change the working hours, you need to know how to correctly formalize these changes, depending on the , in which document the schedule is stated. Application to change the work schedule - the first step If, for family reasons or other reasons, there is a need to change the work schedule, the employee can ask management about this using an application. It is reviewed, after which the head of the structural unit will decide on consent or about refusal.
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There can be many reasons for changing the schedule: Change of place of residence, as a result of which it has become more difficult for the employee to get to work. The appearance of a child in the family.
Service memo to change the work schedule (sample)
A change in working hours implies a change in the employee’s working conditions, which can only be done with his consent.
This process accompanies the formation of a package of certain documents.
One of the most important is the employee’s application for a change in work schedule. We'll tell you why it's needed, and, most importantly, how to write it correctly. This can do:
- worker;
- employer.
This clause of the employment contract is one of the fundamental ones, so good reasons are needed to change it.
Each side has their own. There are two options when an employer has the right to change working hours:
- unilaterally. It is necessary to notify the subordinate in writing 2 months before the expected time of change of schedule.
- with the consent of the employee. It is necessary to formulate an additional agreement to the employment contract, and then issue an order to change the work schedule;
How to write an application
The application is written in any form, since there is currently no unified template. However, if the employer offers some of its own established format recommended for use, then you should use it.
The application can be written by hand or printed, there are no restrictions in this sense, the only thing that should be taken into account is that the electronic form must be printed in order to put a “live” signature on it. In addition, before typing the form on the computer, it is advisable to make sure that the organization accepts printed applications (in some companies, personnel department employees only consider handwritten ones).
You can write the text only with a pen (pencil and other writing tools cannot be used). At the same time, errors and blots are unacceptable in the form; if you could not do without them, they do not need to be corrected, it is better to form a new application.
The document should be made in two copies identical in text, one of which should be handed over to the employer’s representative, the second should be kept with you (in case of various disagreements between the parties to the labor relationship).
Basis for making changes to the mode
You cannot change your working hours without compelling reasons. Such grounds may be:
- The voluntary consent of the worker, expressed in the form of a letter, and accurately executed additional. agreement.
- An updated version of the internal labor regulations was adopted after personal negotiations. It should reflect technological or organizational changes in the company's working conditions.
The decision to change the working time schedule is made only by the manager, with the exception of a few cases. If the boss intends to make changes to the TD, this cannot be done without the employee’s mandatory agreement in writing, relying on Article 72 of the Labor Code of the Russian Federation.
In another case, according to Article 190 of the Labor Code, the procedure for adopting internal regulations requires coordination of an updated work schedule with the trade union.
Violation of these charters may result in legal liability for the director.
Sample application for change of working hours
If you need to draw up an application to change your work schedule, which you have not previously written, check out its sample and read the explanations - with their help you can easily create what you need.
- First of all, in the application form, indicate the position and full name of the director of the enterprise (it is in his name that such documents are often written, or in the name of the employee who is authorized to consider such applications - usually this is either a deputy manager or the head of the personnel department), then indicate information about yourself ( also position and full name). After that, get to the point.
- In the main part, write down the circumstances due to which you needed to change your work schedule (it is advisable to provide a link to the relevant law here), as well as your desired working schedule.
- Please include in your application the date from which you would like these changes to be implemented. You can supplement the form with any other data that you consider important in your situation.
- Finally, be sure to sign the application and date the document.
Memo regarding transfer to full-time work
Published 08/26/2021 · Comments: · Reading time: 10 min Contents Application to change the work schedule - the first step If, for family reasons or other reasons, there is a need to change the work schedule, the employee can ask management about this using an application. It is reviewed, after which the head of the structural unit will make a decision on consent or refusal.
There can be many reasons for changing the schedule:
- The appearance of a child in the family. If an employee returns from maternity leave, she can negotiate with management on new working conditions.
- Change of residence, as a result of which it became more difficult for the employee to get to work.
- Change in financial situation, due to which you have to look for part-time work, etc.
To document the new conditions, the employee writes an application to change the work schedule,
What does the law say?
The main legal act that regulates this issue is the Labor Code of the Russian Federation. It approves the main points regarding the working period regime.
In the Labor Code of the Russian Federation, the working period regime is regulated by Art. 100. Paragraph 15 of this norm approves the rule on the possibility of changing it. Moreover, the legislator gives the right to make such changes both in relation to all employees and selectively.
Labor Code of the Russian Federation
In paragraph 16 of Art. 100 of the Labor Code of the Russian Federation defines the process of transforming the working period regime by decision of the parties. You can perform such actions at any time.
Transformations may affect the start of the working day or the regime as a whole.
The law allows for a situation where these changes are made by decision of an employee, including a part-time worker. This is possible in situations approved in Art. 93 Labor Code of the Russian Federation. The employer may take the initiative to change the working hours in cases approved by Article 74 of the Labor Code of the Russian Federation.
In what cases is it allowed?
Changing the working period by decision of the parties is permitted in all situations. The employee and employer sign an additional act, which acts as an integral part of the employment contract.
The law also analyzes two more situations:
- change at the initiative of the employer;
- transformation at the initiative of the employee.
Grounds and reasons
All grounds for transforming the working period regime can be classified depending on the person initiating such transformations. Above, we determined that a change can occur by decision of the parties. In such a situation, the reasons are not identified.
Also, the basis for transforming the working period regime is the initiative of either the employer or the employee. Let us consider the reasons for making such a decision in more detail.
Application for a day off for previously worked time
Natasova/ T.I. Natasova applications for time off for donating blood .doc Application for time off for vacation If the employer does not mind, and production needs will not be affected, the employee can ask for one or several days of rest, which can later be “bited off” from the annual paid leave due. You can also use this right if there are unused days left on your vacation that has already been taken off. The duration of absence from work due to vacation cannot exceed 14 calendar days, which are subject to payment. These days can be divided into any intervals that management agrees to. It is important to follow the general rule that the indivisible compulsory part of the vacation cannot be less than 14 days. ATTENTION! It is within the power of the manager not to agree to such time off. He has every right to do this.
Coming to work on a non-working day or overtime must be reflected in the time sheet, and the very fact of the need to perform work duties in additional time is stated in the relevant order of the manager. To receive time off, an application must be written, otherwise the employer will automatically make an increased payment for overtime. Please note that upon dismissal, it is possible to receive compensation for such time off, subject to a number of conditions. How to write correctly in the overtime invoice? Due to the lack of a unified form to fill out, an application of this nature can be drawn up on an A4 sheet.
Filling out an application for another day of rest for working on a day off
It all starts directly with the employee writing an application for another day of rest for working on a day off. This is necessary due to the fact that replacing the standard option in the form of double salary with bonus rest is possible only at the request of the employee. At the same time, in the application document itself, it is advisable to mention when the work took place on a day off, as well as the desired day of rest.
For performing work duties at such times, certain compensation is due. This can be either increased pay or the provision, at the request of the employee, of an additional day of rest.
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Application for a day of rest for working on a day off
- to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
- to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
- to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing danger threat to the life or normal living conditions of the entire population or part of it.
If an employee who worked on a day off wants to get another day of rest instead, he contacts his employer with an application. In this case, work on a day off will be paid at a single rate, but a day of rest will not be paid. We remind you that single payment for work on weekends should take into account not only the tariff rate (salary), but also compensation and incentive payments that are provided for by the wage system of a particular employer (Resolution of the Constitutional Court of June 28, 2021 No. 26-P).
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