Application for the transfer of working hours example. Dinner is not scheduled. How to change the work schedule

07.05.2020

The financial crisis has created serious problems for employing companies. In the current realities, many managers are thinking about a more rational allocation of resources for their efficient use.

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So, in order to save money, technological and organizational working conditions are changing. For example, an employer approves all or some employees or a work week. The need for the production of such actions may be caused by other problems or tasks of the employer.

Changing the 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 the production of such operations. The procedure itself will depend on which of these options is valid in a particular case.

What does the law say?

Basic legal act, which regulates this issue - the Labor Code of the Russian Federation. It approved the main points regarding the regime of the working period.

In addition, this codified act enshrines the right of the employee and the employer to change it by agreement. The Labor Code of the Russian Federation lists the reasons for the unilateral conversion of the operating mode.

In the Labor Code of the Russian Federation, the regime of the working period is regulated by Art. 100. Paragraph 15 of this norm establishes a rule on the possibility of changing it. Moreover, the legislator gives the right to make such transformations both in relation to all employees, and selectively.

In paragraph 16 of Art. 100 of the Labor Code of the Russian Federation defines the process of transforming the regime of the working period by decision of the parties. You can take these actions at any time.

Transformations can affect the moment the working day begins, or the whole regime.

The law allows for a situation where these changes are made by decision of the employee, including. This is possible in the situations approved in Art. 93 of the Labor Code of the Russian Federation. The employer may take the initiative to change the working day in cases approved by Article 74 of the Labor Code of the Russian Federation.

In what cases is it allowed?

Changing the regime of the working period by decision of the parties is allowed in all situations. The employee and the employer sign an additional act, which acts as an integral part.

The law also analyzes two more situations:

change at the initiative of the employer;
transformation at the initiative of the worker.

Grounds and reasons

All grounds for the transformation of the regime of the working period can be classified depending on the person who initiates such transformations.
Above, we determined that the change can occur by decision of the parties. In such a situation, the causes are not identified.

The contract is a free document that defines the conditions for interaction between the employee and the employer. If it contains provisions that do not contradict labor legislation, then it is recognized as valid. Accordingly, the employee and the employer are not limited in their ability to transform the order of interaction with each other.

Also, the basis for the transformation of the regime of the working period is the initiative of either the employer or the employee. Let's take a closer look at the reasons behind this decision.

Employee initiative

When can an employee take such an initiative? Similar situations are defined in Article 93 of the Labor Code of the Russian Federation.

For example, a parent of a child under 14 years of age (if a child with a disability, then until the age of majority), as well as an employee who cares for an unhealthy family member in accordance with the doctor's prescription, can apply for a change.

Employer initiative

In accordance with the current legislation, the employer has the right to change any terms of the employment contract, with the exception of those that affect the labor operations performed by the employee.

Accordingly, he can transform the mode of the working period of his employee. The reasons for the production of such an operation are approved in the Labor Code of the Russian Federation - the transformation of organizational or technological working conditions, for example, the technology of creating a product, innovations in technology, etc. In accordance with part 1 of article 74 of the Labor Code of the Russian Federation, this list is open.

The legislator does not name all the reasons that may be sufficient for making such decisions. Accordingly, the list is open and subject to broad interpretation.

Agreement of the parties

The decision to change working hours is made by agreement of the parties.

Both the employer and employees can take the initiative, but final transformations will be possible only with a mutual decision.

Duration

Hours of work is the number of hours during which an employee performs his or her labor function. This indicator in normal form is 40 hours. This rule is for all employees, except for those who are provided with a reduced working period, for example, for.

If an employee works more than 40 hours/week, then this period should be paid as overtime.

It is necessary to distinguish these situations from cases of approval for a worker. In such a situation, a person is occasionally involved in the performance of labor duties outside the norm of the working period.

As compensation, he receives 3 additional days to.

Temporary

A change in working hours may be needed for a short period. For example, in the summer, this is very important when employees go on vacation and need to be replaced.

Several situations are possible here:

registration with a certain period of validity (by agreement of the parties);
registration for a specific period (may be for one day or a month), which also implies the conclusion of an additional agreement to the employment contract.

permanent

Permanent conversion of the working period mode is made in general order. Depending on the specific situation, transformations can be made to the labor agreement and the rules of internal work schedule – local document accepted by the enterprise.

It has its role and the reason for making such a decision. So, the need to obtain the consent of the employee or employer will be determined.

Features of changing the working hours

Features of the mode conversion are determined by the method of fixing it in documents.

Three situations are possible:

working hours approved in employment contract and it does not coincide with what is established in the internal labor regulations (PWTR);
the regime is not enshrined in the employment contract, as it is identical to that approved in the PVTR;
the regime is enshrined in the employment contract, and in the PVTR, and it is the same.

Despite the fact that the employer, at his own discretion, can change the PWTP when the enterprise does not have a representative body of employees, these provisions are not applicable to working hours.

Here, employees are also able to influence this condition when there are no grounds for their unilateral change by the employer.

How to change? General Rules and Procedure

The change in the schedule of the working period is made in different ways, depending on the basis for the implementation of such transformations.

So, if the transformations are made by mutual decision of the employees and the employer, then it is necessary to draw up new additional agreements. They may differ depending on the procedure for approving working hours in the documents of a particular company.

If changes are made to the PVTR, then an order is issued to carry out the relevant actions, then an agreement is drawn up.

The new regime will be valid for the employee from the date of signing the supplementary agreement. This is very important, especially when the transformations concern more than one employee.

Thus, innovations may not affect different employees at the same time.

If the regime is established by the employment contract

If the parties do not object to the changes, then it is enough to draw up additional agreements. They prescribe the item to be changed, as well as its new wording.

Such an agreement is signed by both the employee and the employer.

If employees do not agree, then the conversion order will look like this:

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

If the regime is established by the internal regulations

If the working time regime is approved in the PWTR, the conversion procedure will be carried out in the following order:

approve the local act in new edition(with a modified regime) by issuing a leader;
conclude agreements with employees about their consent to the changes. The text indicates the names and positions of all employees who expressed their approval in relation to the transformations; the agreement must be drawn up in sufficient quantity to give to all employees, plus one copy for the employer.

Employee initiative

If the employee has grounds for changing working hours, then he sends the employer an application - a memo. The corresponding document is considered by the head of the enterprise and a decision is made on it.

If the employee has sufficient grounds for changing the regime of the working period and has provided evidence of the objectivity of these reasons, for example, documents, then the employer cannot refuse him. This is expressly stated in Art. 93 of the Labor Code of the Russian Federation.

Violation of this rule may become the basis for filing a complaint with the labor inspectorate or the prosecutor's office.

Application (sample)

The application is submitted by the employee if there are grounds for changing the working hours. A document is attached to it, which proves the reality of certain reasons indicated in the text by the employee.

In the application, it is necessary to write the current working hours and the one for which the employee wants to change it. The appeal is submitted to the head of the employer.

Example:

Order (sample)

If the employee is approved for part-time work, an order is issued. It specifies the basis, term, and conditions of work.

The employee must be familiar with the order against signature.

Example:

After the issuance of the order, an additional agreement must be drawn up. It is also signed by the employee and the employer.

The supplementary agreement is an integral part of the employment contract. It indicates the date when the changes will come into force, as well as the text of the transformation and the numbers of the paragraphs in which they will be included.

One of the copies is given to the employee, and the other to the employer.

Example:

Agreement of the parties

The decision to change the working hours can be taken by the parties labor relations by agreement. In such a situation, it is easiest to arrange such transformations.

The parties express their approval by signing an additional agreement to the employment contract.

This act reflects the text of the transformations, as well as the date of their entry into force.

So, it must contain the following information:

name of the parties to the agreement;
item to be changed;
its new edition;
the moment the agreement enters into force;
details of the parties.

Employer initiative

We have already mentioned the reasons why the employer has the right to unilaterally decide on the need to change the working hours. In such a situation, employees, as a rule, express their disagreement with the changes.

That is why it is necessary to carefully comply with all the requirements of the legislator.

In case of violation of the procedure for carrying out the procedure, adverse consequences for the employer may occur.

Notice (sample)

All employees affected by the changes must be notified accordingly.

This fact confirms their painting. If an employee refuses to receive a notification, then this circumstance should be recorded in an act.

Notice in such a situation shall be sent by mail with acknowledgment of receipt.

Example:

Order (sample)

An order in the process of changing the regime is issued in 2 cases:

the need to make adjustments to the PWTR;
the employer makes changes unilaterally.

In the first case, the order is necessary, since it approves the fact of making changes to the local act.

It indicates the reason for the transformation - the need to transform the working hours. Also, the head makes an order - to approve the new version of the PWTR and conclude appropriate agreements with employees.

In the second case, the reason for the unilateral change in this condition must be indicated in the order to change the working hours. It also contains the text of the transformations.

If the working hours are approved in the PVTR, then in this order you can make an order to amend the local act.

Order example:

Additional agreement (sample)

The supplementary agreement is approved in the general manner. The document itself is compiled according to the same rules that we discussed above.

If employees do not agree

If the employees still do not agree to carry out the labor function in the new conditions, then they will be offered vacant positions at this enterprise.

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Calculation of working hours: how long should the shift be?
The Labor Code of Russia (hereinafter - the Labor Code of the Russian Federation) in Article 91 provides that the duration of working time per week should not exceed 40 hours. Working time is understood as the period when the employee is obliged to fulfill his labor obligations in accordance with the employment contract and the internal labor regulations. The Labor Code of the Russian Federation provides for such a concept as incomplete working time.
Part-time work is a legal guarantee for certain categories of workers. As a rule, it depends on the nature of the work performed and is associated with the performance of harmful or dangerous work, age or other features of the labor process. Part time mode can be set:
at the discretion of the employer;
by agreement of the parties;
under current legislation, in relation to specific categories of employees.

Shift duration in shift work
The duration of the work shift during shift work requires compliance with a 40-hour working week (Article 91 of the Labor Code of the Russian Federation), as well as the longest work intervals (Article 108 of the Labor Code of the Russian Federation) and a sufficient duration of the weekly rest between shifts (Article 110 of the Labor Code of the Russian Federation).
The duration of the shift is not regulated by the Labor Code, except for individual categories of workers (minors, disabled people), so that the work schedule must comply with the standards Labor Code regarding the maximum weekly working time.
In shift working hours, at least two shifts per day must be determined, so the duration of one shift in shift working hours cannot be 24 hours.
Application for transfer of working time
If for some reason you need to change your work schedule, you can ask management to do this using a statement. An employee-initiated rescheduling may be considered if you have a valid reason. For example, a change of residence or the appearance of a child in the family. The application is considered, after which the manager structural unit decides.
Sample letter of rescheduling:
The heading of the document contains information about the manager, as well as the full name and position of the employee.
The name of the structural unit where the employee works is indicated.
After the name of the document, the employee enters the wording: “I ask you to change the mode of my working time” and indicates the old and new mode.
The factor due to which the graph changes occurs is indicated.
The nature of the change in the schedule is indicated - short-term or permanent.
A signature is put with a transcript and the date the document was filled out.
Below they write the word "Agreed" and indicate the data of the head of the unit. If the employer has no contradictions, the application is agreed and the data is transferred to the personnel department and to the accounting department.

Reduced working hours - what is it?
Part-time work may be established by agreement between the employee and the employer. Reduced working time is set according to article 93 of the Labor Code of the Russian Federation. There are such modes of part-time work as:
incomplete day. In this case, the working time per day is reduced, but the number of working days remains the same. For example, with a five-day week, the working day is not 8, but 6 hours;
incomplete week. In this case, the length of the working day remains the same, but the number of working days is reduced. For example, an eight-hour working day with a four-day period;
mixed. With this mode, both the working time per day and the total number of working days are reduced.

When applying one of the part-time work regimes, the employee's work is paid in accordance with the time worked or depends on the output. It's also possible.
Shortened working week at the initiative of the employer
The employer, at its discretion, has the opportunity to reduce working hours or use part-time work in order to optimize its costs associated with paying salaries and other payments to employees and maintaining jobs. When changing the mode of work at the initiative of the employer, he must take into account the opinion trade union organization. This procedure is provided for by the Labor Code of the Russian Federation. It is mandatory to notify of a change in working hours.
An employer can resort to such a measure in the event of a restructuring of production, a change in the organization of labor, and for other reasons that entail massive layoffs, in which layoffs are also required.
Article 93 of the Labor Code of the Russian Federation provides that a change in the mode of work and the use of part-time work cannot entail restrictions for employees regarding the duration of paid leave, seniority and other rights that are provided for by the Labor Code of the Russian Federation.
Part-time work for certain categories of employees
The Labor Code of the Russian Federation provides for the existence of certain categories of workers for whom the use of part-time work is provided. These include:
persons under 16 years of age. They must not work more than 24 hours a week;
persons aged 16-18. For them, the length of working time cannot exceed 35 hours per week;
disabled people of I and II groups. Should not work more than 35 hours per week;
persons who are employed in work, the working conditions of which are recognized as dangerous or harmful. In a week, such employees should not work more than 36 hours.

Article 92 of the Labor Code of the Russian Federation provides that reduced working hours can be applied to other categories of workers. For example, it can be teachers or doctors.
For medical workers a scale for the use of part-time work is provided, the parameters of which are: position, specialty and other specific features. Most of these employees work no longer than 39 hours a week, but for some the following standards apply:
workers associated with the provision of mental health care, diagnosis and treatment of AIDS and HIV - up to 36 hours a week;
employees whose activities are related to the possibility of contracting tuberculosis, including in animal husbandry and veterinary medicine - no more than 30 hours.

The reduced working week in hours is also relevant for:
workers involved in chemical weapons, including in the implementation of research and development work, maintenance and transportation - 24 hours;
women working in the Far North and countryside- 36 hours.

Also, the employer has the right to independently determine the categories of employees to whom he can apply reduced working hours, by internal regulations. These may include:
pregnant women;
one of the guardians / trustees of a child under 14 years old;
caring for a sick family member. This fact must be documented.

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can be approved by local acts of the enterprise. We will tell you in the article how to draw up a document correctly.

How to change the work schedule?

Art. 91 of the Labor Code of the Russian Federation defines working time as the period during which an employee fulfills the tasks assigned to him official duties. In Art. 100 of the Labor Code of the Russian Federation states that the regime can be established both in the internal labor regulations, the collective agreement, and in the employee's labor contract (as a rule, if it has features).

It is on the document in which the working hours are fixed, and the procedure for changing it depends. In this regard, there are 2 ways to update the mode:

If the first option involves making a decision unilaterally with mandatory notification of the employee and in compliance with all procedures and deadlines established labor law, then the second option assumes the presence of the desire of the employee, which is expressed in the submission of an appropriate application and the subsequent discussion of the working conditions with the head of the enterprise.

Below we will consider the procedure for compiling an application that must be written to an employee in order to change the work schedule.
Don't know your rights?

Application for change of working hours

The employee has the right to take the initiative and notify the employer by writing a statement that he needs to change the working hours. Such a desire can be caused by various circumstances, for example, the illness of a close relative, etc.

Consider step by step compilation statements:

In the upper right corner, the name of the employing organization and the data of its head are indicated. Below you need to write the position of the employee and his full name.

The word "statement" is written in the center.

The text of the document should indicate the purpose of the employee related to the adjustment of the working regime. Therefore, it is advisable to begin the main part of the application with the phrase “I ask you to change the schedule of my working hours.” Next, the current mode is indicated and it is proposed new version graphic arts. Below is the reason for the change. If it is assumed that innovations will be temporary and associated with the onset of an event, it is advisable to indicate this fact.

Next, the employee puts his signature, its transcript and date.

The employer, after reading the application, may agree with the proposals or reject them. If the issue is resolved positively, the visa “Agreed” is put on the document, and it is transferred to the personnel department for further processing of the change procedure. An additional agreement is drawn up to the employee's employment contract on the introduction of a work schedule other than that provided for in the organization. If the employer refuses to change the working hours, the parties can discuss this issue in more detail and come to a compromise.

A sample application for changing working hours can be found on our website.

It is necessary to issue a transfer of working hours for the employee in connection with production necessity from daytime to nighttime (for one day). How to issue an order, which article of the law to refer to?

Answer

Answer to the question:

The condition on night work must be provided for by the employee's employment contract.

If an employee needs to be involved in work at night outside the working day, such work can be issued in the same way as any (). However, the duration overtime limited: processing should not be more than four hours for two consecutive days and more than 120 hours during (). Therefore, this option is not suitable for attracting to work all night.

In this situation, it is possible to conclude an additional agreement with the employee to the employment contract on work at night, and indicate in it the validity period this change. This option is possible only with the written consent of the employee (Article 72 of the Labor Code of the Russian Federation).

2. Answer: How many hours can an employee work overtime

Nina Kovyazina

Overtime hours are limited. Overtime should not be more than four hours for two consecutive days and more than 120 hours during ().

Advice: if the employer has a need to involve the employee in additional work, and the overtime limit has been exhausted, then there are .

3. Answer: How to get an employee to work overtime

Nina Kovyazina, Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia

To attract an employee to, you need:

(if the organization has one).
the mode of work and rest must be prescribed in the employment contract ();

the order is not a mandatory document for attracting an employee to night work ().

on the involvement of an employee in overtime work;

familiarize the employee with his right to refuse overtime work (in case);

an employee to be involved in overtime work ();

(if the organization has one).

4. Answer: How to pay for overtime work at night

Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Health Care of the Ministry of Health of Russia

In case of overtime work at night, the employee has the right to two additional payments at the same time: for overtime work and for night work (Art. , Labor Code of the Russian Federation). At the same time, do not multiply increasing coefficients for special working conditions, unless otherwise established by a local act of the organization (). That is, calculate the amount of surcharges in the following order: separately for and separately for.

An example of calculating extra payments for overtime work at night

Alfa manager A.S. Kondratiev has an hourly rate of 200 rubles per hour. With the consent of Kondratiev, on one of the working days, the employer involved him in overtime work for five hours, of which two hours fell at night (from 22:00 to 24:00). The increased amount of additional payment for night work or overtime work at Alpha is not provided.

The specialist calculated the additional payment for overtime work, including at night, as follows.

Pay for the first two hours of overtime:

200 rubles per hour × 2 hours × 1.5 = 600 rubles

The amount of payment for the third, fourth and fifth hours of overtime:

200 rubles/hour × 3 h × 2.0 = 1200 rubles.

The amount of additional payment for the fourth and fifth hours of overtime work at night (from 22:00 to 24:00) is 80 rubles. (200 rubles per hour × 2 hours × 20%).

As a result, the additional payment for Kondratiev's five hours of overtime work amounted to 1,880 rubles. (600 rubles + 1200 rubles + 80 rubles).

5. Answer:How to change an employment contract

Reasons for change

In what cases it is necessary to make changes to the employment contract with the employee

The need to amend an employment contract arises when the information or conditions contained in it change. In this case, it does not matter which terms of the contract need to be changed: or.

In the general case, changes to an employment contract can only be made by mutual agreement of its parties (). In this case, both the employee and the employer () can be the initiator of changes. In addition, in exceptional cases, under certain circumstances, the organization may change the employment contract in ().

How to make changes

How to amend an employment contract with an employee

By general rule the procedure for amending the employment contract is to draw up a written agreement between the employee and the employer. standard form there is no such document in the legislation. Therefore, an organization can compile it in free form as . This conclusion follows from the Labor Code of the Russian Federation and is confirmed.

The supplementary agreement is an integral part of the employment contract. Therefore, make it in two copies - one for each side. The fact that the employee received his copy of the supplementary agreement will confirm his signature on the copy of the employer. This conclusion allows us to draw Article 67 of the Labor Code of the Russian Federation.

If the supplementary agreement is not executed in a timely manner, but the employee continues to work under the new conditions after notification of the changes, this means that the employee has actually agreed to such changes. The legality of this approach is confirmed by the courts (see, for example,).

If the employee does not agree to work in the new conditions, then the organization is obliged to offer him another job, including a lower and lower paid one, if the organization has suitable vacancies. You only need to offer the employee vacancies that the employer has in the area. It is necessary to offer vacancies in other localities only if it is provided for by the collective (labor) agreement, other agreements. This procedure is enshrined in Article 74 of the Labor Code of the Russian Federation.

If the employee refuses to work in the new conditions or there are no suitable vacancies in the organization, then the employment contract can be terminated:

by reduction on the basis of part 1 of article 81 of the Labor Code of the Russian Federation c - if we are talking about changing the working regime, namely the introduction of an incomplete regime ();

in connection with the refusal to continue work in the new conditions on the basis of the appeal ruling of the Chelyabinsk regional court April 21, 2014 No. 11-4312/2014). The only option is to agree with the employee and issue the dismissal earlier, but on a different basis, for example, by paying an attractive amount of compensation.
When an employee is dismissed due to refusal to work under new conditions, the employer, in the event of a dispute with the employee, must have evidence that confirms that the change in the terms of the employment contract was the result of changes in organizational or technological working conditions. This is stated in the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2. If the employer cannot provide such evidence and link one to the other, then changing the terms of the employment contract, and hence the dismissal of employees who refused to continue working in the new conditions, may be considered illegal. The courts also point to this, see, for example, Ready Plan the main cases of the personnel officer for the first quarter of 2019
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Relations between the employee and the employer are regulated by the internal labor regulations (PWTR) or if the working conditions of this employee differ from all other employees of this organization.
If it became necessary to change the working time schedule, you need to know how to correctly draw up these changes, depending on which document the schedule is written in.
Application for change of work schedule - the first step
If, for family reasons or other reasons, it became necessary to change the work schedule, management may ask for this using an application.
It is considered, after which the head of the structural unit will decide on consent or refusal. There are many reasons for changing the schedule:
Change of residence, as a result of which it became more difficult for the employee to get to work.
The appearance of a child in the family. If an employee leaves, she can agree with management on new working conditions.
Change in financial situation, because of which you have to look for part-time jobs, etc.

Changing the schedule is possible if for the employer it is not the time of presence at the workplace that is important, but the result of work.

For documentation new conditions, the employee writes to change the work schedule, the sample includes the following information:
The heading of the document indicates the data of the head of the organization, as well as the full name and position of the employee. The name of the structural unit (if any) is indicated.
After the name of the document, the employee enters the wording: “I ask you to change the mode of my working hours” and indicates the old and new mode. For example, a 5-day week of 40 hours is changed to a partial 5-day week with a total of 30 hours of work, with the working day reduced to 6 hours. The reason for changing the schedule is indicated.
It is not necessary to describe it in detail, usually the employee writes “For family reasons” or “In connection with a change in residence”, etc. Detailed reasons can be stated orally to the immediate superiors. The nature of the schedule change is indicated - temporary or permanent. If it is temporary, you need to specify the period for changing the working time.
The signature is put with a transcript and the date of filling out the application.
Below they write the word “Agreed” and indicate the data of the head of the unit, who will agree on the new working conditions.
If the employer has no objections, the application is approved, the data is transferred to personnel service and in accounting.
After that, it is drawn up with the employee, indicating the new working time.

Changing the work schedule at the initiative of the employer
Application for change of work schedule: sample
Sometimes it becomes necessary to change the work schedule of employees of one department or the entire enterprise. For example, production is transferred to a round-the-clock mode, and new shifts need to be introduced, or some employees need to be transferred to work in three days. Naturally, some of the employees may not like such conditions, and it is necessary to correctly draw up documents for transferring to a new schedule or dismissal in order to avoid mutual ones.
According to the Labor Code of the Russian Federation, the employer is obliged to notify employees of a change in work schedule at least 2 months in advance. You can issue a collective notification and familiarize employees with it against signature or send out personal notifications for each employee indicating their new schedule. If someone refuses to sign under, an act is drawn up about this.
They are drawn up in two copies, and on what remains with the employer, a mark of delivery with the signature of the employee must be put. This precautionary measure avoids claims for late notification of employees about the transfer to a new schedule.
In any case, the employer has no right to force employees to work according to the new schedule. It is necessary to involve representatives of the trade union in its development, if there is one at the enterprise. All changes in the labor regulations must be agreed with the head of the trade union or other body representing the interests of workers in the organization.
The employer issues an order to transfer to a new schedule. If the employee agrees, he either puts his signature in the order confirming consent, or writes a statement addressed to the management. After that, an additional agreement with a new schedule is drawn up in two copies: one remains for the employer, the second for the employee.
Can an employee be fired 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 the vacancies available at the enterprise that correspond to his qualifications. Vacancies it is necessary to offer only in writing, all of them must be located in the given locality.
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 (refusal of the employee from the position due to changes in the employment contract). In this case, the company undertakes to pay him in the amount of two weeks' earnings.
Important: you need to offer, including lower positions, without this, the dismissal will be declared illegal, and the court will oblige the employee to be reinstated in the workplace.

With proper documentation, the transfer of part of the employees or the entire team to the new schedule will take place without problems and mutual claims of the employer and employees.
To learn how to arrange the working hours of employees, watch the video: