An employee of a certain economic entity can be involved in performing work outside the main working hours. This can be done by issuing an order on irregular working days or by involving him in single work performed with additional payment.
The concept of the phenomenon under consideration
Irregular working hours is the establishment of a special regime under which some employees may periodically be involved in the performance of their duties outside of the established working hours.
Some employers misunderstand this interpretation, forcing from time to time employees performing service under this regime to work overtime. Is it legal?
So, irregular working hours: what does this mean? It should be considered not as an extended period of work, but as the possibility of its redistribution within a day, depending on the emerging need.
The specificity of the concept under consideration lies in the fact that the employee must obey the working regime established in the economic entity, however, if necessary, he can stay at the workplace or come to work before the start of a normal working day.
This is the reallocation of time during an irregular working day according to the TC. However, this does not mean that you can come to work later, but leave earlier.
Arbitrage practice
It shows that with an irregular working day according to the Labor Code of the Russian Federation, specific work is performed outside the established labor regime, but it is not allowed to release an employee who works on orders in this mode, as well as to independently determine the start and end time of work. At the same time, being late for work is not allowed.
Those positions for whom such a regime will be established, a list is drawn up, which is approved by the head of the economic entity. It is enshrined in a local normative act (LNA) or a collective agreement or agreement.
As a rule, these include maintenance workers, senior managers and business personnel, that is, those who cannot accurately determine the length of their working day or whose tasks do not fit into the working time. These also include those of the workers whose working day is divided into several intervals with different durations.
For some categories of employees, in particular creative ones, who take part in the creation or performance of various works, the regulation of the time of rest and the working day is carried out both by labor legislation, and by the LNA, and by agreements.
Categories of workers for which the regime in question cannot be set
Irregular working hours according to the Labor Code of the Russian Federation cannot be established for employees for whom the maximum daily shift rate is determined. These include:
- minors;
- employees whose work takes place in harmful and / or dangerous conditions;
- employees who are undergoing training and who have a sessional period at a given point in time.
For these categories, in addition to the last one, a reduced workweek is established.So, for minors until they reach the age of 16, the working week cannot exceed 24 hours, for them from this moment until reaching the age of majority - 35 hours, the same duration is established for disabled persons 1st and the 2nd group, it rises by one hour for workers employed in hazardous or harmful (3-4th degree) jobs.
There is also a group of employees who need to obtain written consent for the introduction of an irregular day, and they must also have an appropriate medical certificate:
- disabled people;
- female representatives who have children under the age of 3;
- guardians of minors;
- single fathers.
Granting extra days for irregular working hours
According to the legislation, the employee's work activity in the considered regime is compensated only by the fact that the employee is given several days of additional leave. Most often, drivers ask for additional days for irregular working hours (it should be clarified that such a regime can only be introduced for taxi drivers, freight forwarders and car drivers, for all others the normal operating mode should be set).
However, this regime does not imply the provision of time off, as in overtime work in the normal working day. Such a question can only be resolved by a senior manager in an economic entity. Labor legislation is only established, and he is entitled to it in any circumstances, if in the labor contract this regime is prescribed in relation to a certain employee, regardless of whether he worked overtime during a calendar year or not. Its duration should be 3 days or more. It can be added to the main annual leave or other additional ones.
At the same time, upon dismissal of an employee employed according to the considered mode of work, he must be paid compensation for the time actually worked in a given mode, without providing additional leave for an irregular working day.
Also, an employee who remains in the service can receive such compensation. It can be obtained by any person whose lengthy legal rest exceeds the minimum established by law of 28 calendar days - for those of them that are exceeded.
Setting a non-standardized mode
Before an employee is entered into an employment contract containing clauses on working hours, he must be familiarized with the LNA, which defines the positions that fall under this regime, the types and amounts of compensation. After that, a contract is concluded with him with the inclusion of a text about irregular working hours.
Upon completion of this action, an order is issued, which should indicate that the employee is hired under the conditions of the regime in question. Recording in the work book is made according to general rules without reflecting labor conditions.
An employee with whom such an employment contract is concluded needs to know that the list of positions for which the regime in question can be applied has priority over the latter. If an employment contract has been concluded with him for the special regime in question, and his position is not on the list, then in case of refusal to work overtime, bringing him to disciplinary responsibility is illegal. However, finding a position only in this list in the absence of the necessary entry in the employee's employment contract also does not oblige to anything.
Therefore, it is important for the employer, in order to avoid problems with inspection organizations, to comply with these two conditions for the employee involved in this work mode. All working hours, including the considered one, must be signed. As a rule, it is carried out in the internal labor regulations, which is one of the types of LNA.
Changing work regimes
If there is a need for such a regime, after hiring an employee, the employer must familiarize him with the LNA, which defines the positions that fall under this regime, the types and amounts of compensation. In case of employee disagreement, the introduction of such a regime under the Labor Code of the Russian Federation is carried out on the initiative of the head. Article 74 cited in it allows the employer to make changes for irregular working hours related to the dynamics of technological or organizational working conditions.
At the same time, the employee must be warned that a new working regime will be introduced for his position. This notification must be made no later than 2 months before the introduction of this regime. It indicates the reasons for transferring his position to the list with irregular working hours.
Employee's consent to these conditions
In the event that a change has occurred - an irregular working day has replaced the standardized one - the employee must agree or disagree with these conditions. In the first case, an additional agreement is concluded to his labor contract, which prescribes a specific date when the considered mode of work will be applied for this employee holding a certain position.
In addition, it should indicate the number of days of additional legal rest, other conditions, if they have been changed. This agreement is signed by both parties, after which a free-form order is issued defining the regime in question.
Employee's disagreement with the changed regime
In this scenario, the employer must offer in writing another job to the employee, which may correspond to his qualifications or be below her. Also, the proposed job may be lower paid compared to the previous one. It is offered on the basis of a medical report on the health status of the employee. If the employee also refuses this work, the employment contract is considered to be completed.
Termination of this agreement also occurs if the employer does not have any of the above jobs that he could offer to the employee.
Inconsistent notification form
It was indicated above that all actions to introduce the regime under consideration in an economic entity must be reflected in the relevant documentation, that is, it can be assumed that a written form is mandatory. However, it is written that it is possible to attract an employee to work at the end of the working day by order of the head, regardless of the indication of the form. Judicial practice shows that irregular working hours in the Russian Federation can be established orally. This decision was made, for example, by the Armed Forces of the Republic of SO - Alania in 2014.
Tabulation of workers in the considered mode
As you know, in order for the salary to be accrued to a specific employee, a time sheet must be submitted to the accounting department, which reflects how many days and hours he worked over the past month. If the working mode in question applies, overtime work is not counted in this document for recording working hours. Although some researchers believe that the norms of Art. 91 indicate that the recording of time classified as working must be accurate. But the full indication of hours can lead to the fact that in the accounting department these hours will be mistakenly defined as overwork during normal operation, as a result of which the employee will receive additional funds that he is not entitled to. Therefore, if you carry out tabulation according to the exact amount of time spent, it is necessary that inside the timesheet it is specially marked that the work of this employee is not standardized.
Work on holidays and weekends, at night
Work on these days is prohibited for everyone, except for those cases that are stipulated in the Labor Code of the Russian Federation. The considered operating mode does not apply to their list. Therefore, if it is necessary to perform work on these days, it is necessary to obtain consent from the relevant employees, they should be made aware that they have the right to refuse to perform it, if this does not follow, then an order should be issued, after which the salary is recalculated or days off are provided.
Night work refers to that of them, which is carried out from 10 o'clock in the afternoon to 6 o'clock before noon. Involvement in it should be formalized in a separate order and compensated by additional wage increases.
Nuances
Employees who are on the considered regime cannot be involved in performing work outside the normal working day, if the former do not relate to the sphere of their labor activity. As already noted, irregular working hours according to the Labor Code of the Russian Federation can be applied to employees who work on a shorter week. But it cannot be applied to those of them whose work is carried out on a shorter working day.
Such a regime cannot apply to all employees of a particular economic entity.
Differences between overtime work in this mode and a normal working day
The main ones are as follows:
- Limitation on working hours - no restrictions are provided for the described working day, while overworking for a standard working day is allowed no more than 4 hours for two consecutive days and should not exceed 120 hours per year.
- In the form of compensation under the regime under consideration, only additional leave can act, while with a different type of processing, time off or material compensation can be provided.
- The employee's consent to work at the end of the working day fixed in the collective agreement is not required for irregular working hours, but for normal working hours it is necessary.
- In this case, the regime in question must be specified in the employment contract, and during normal work this does not need to be done.
Does such a mode make sense?
Labor activities carried out in this manner are generally positive for the employer. Employees generally do not welcome their transfer to irregular days. Therefore, competent employers use methods of material incentives for employees who have a similar work schedule. This must be done already because it is quite problematic to track the labor activity of an employee in the period when the main part of the economic entity has finished such activity.
An employee, left to himself, can do the work, not speeding up, but slowing it down, which will lead to a number of unpleasant consequences for the employer. Therefore, it is better to appoint responsible people to such positions. Better yet, use a regular working day for everyone, and pay extra for overtime work as needed. However, due to the fact that in the latter case there are time limits, this is not always applicable.
Complaints about continuous processing
As follows from the above interpretation in the Labor Code of irregular working hours, work outside the normal working day can be carried out sporadically. However, many employers are guilty of this, and the latter develops into permanence. You need to complain about this to the labor inspectorates, and if this does not help, then to the courts.
The first instances have the right to carry out inspections of working conditions and regimes, and if a discrepancy in working conditions is revealed, this will be announced to the manager, who will have to adjust the employment rates of each employee.
Finally
In this article, we found out what it means - irregular working hours. Basically for employees, it is a labor obligation, for which additional payment is not provided by law, and compensation is carried out only in the form of several days of additional leave. The employer also has its own problems to control the work of this labor activity. Therefore, whenever possible, a compromise option should be used, which provides for a normal mode of work with overtime if necessary.
Irregular working hours - what does this mean? The answer to this question, which is relevant for the parties to the employment contract, will be given in our article. In addition, we will give examples from law enforcement practice, as well as an example of the wording of the corresponding condition in an employment contract.
Irregular working hours: application features
According to the peculiarities of the Russian labor community, the concept of irregular working hours (hereinafter - n / a day) is used quite often in practice, but, as a rule, it is incorrect. In fact, the concept of n / a day replaces another common definition - overtime. Why this happens, we will tell further.
Both n / a day and overtime are special working hours. This is work outside the specified duration. The usual working time interval is determined at the conclusion of an employment contract (that is, it corresponds to a specific position and profession and is agreed by the parties to the contract).
IN Labor Code of the Russian Federation irregular working hours(Art. 101) is defined as a specific regime associated with the performance of work outside the standard working hours.
Since under this regime the employee has an increase in the volume of work and the duration of working hours, it is on this that both the employee and the employer emphasize, the above-mentioned features are overlooked, and the daily routine turns into overtime work.
Irregular working hours or overtime work
The concept and regulation of overtime work in the Labor Code of the Russian Federation is more complete in comparison with n / a day. Both the employee of the personnel department of the enterprise, and the employee himself, often may not attach much importance to the difference between these 2 types.
Various judicial instances of Moscow and the Moscow Region have received many requests from employees demanding payment for the work performed as overtime (appeal rulings of the Moscow City Court dated September 28, 2015 in case No. 33-35352 / 2015, dated April 24, 2015 in case No. 33-14539 / 2015 ).
However, overtime work is not only performed with the consent of the employee, expressed in writing (emergency cases when consent is not required, are defined in Art. 99 of the Labor Code of the Russian Federation), but is also subject to monetary compensation. Also, the law establishes time limits for such work.
Important!Additional pay for hours worked is the main difference between n / a day and overtime.
IN Labor Code irregular working hours is defined as too busy a schedule and it is not allowed to involve an employee with such a schedule in overtime work. The legislator has defined compensation for processing in such a regime in the form of paid leave, and not in monetary terms.
This circumstance does not prevent the receipt of monetary compensation in the event the employee does not use additional leave. The amount of compensation for unused vacation over 28 days can be taken into account by the employer in the costs when calculating income tax (see the letter of the Ministry of Finance of Russia dated 15.12.2010 No. 03-03-06 / 2/212).
Who is the irregular day set
Decree of the Government of the Russian Federation "On the approval of the rules for granting annual additional paid leave to employees with irregular working hours in federal state institutions" dated 11.12.2002 No. 884 as amended on 30.09.2014 is permissible to apply in terms of determining the categories of positions for which n / a can be established day. It:
- management team;
- technical and economic personnel;
- persons whose work during the working day cannot be accurately recorded (in some organizations, such employees are lawyers);
- persons who distribute working hours at their own discretion (freelancers);
- persons whose working time is divided by the nature of the work into parts of an indefinite duration (for example, artists, musicians, etc.).
Who is forbidden to work in irregular day mode
It is necessary to dwell on the categories of workers, the establishment of which such a mode of work is not allowed. The legislator has not defined a detailed list, however, to ensure the labor rights of workers, it is permissible to apply the norms by analogy (Articles 97, 99 of the Labor Code of the Russian Federation).
The mode is not set n / a day:
- For minors.
- Workers during training.
- Pregnant workers. This is the initial introduction of this regime. If an employee expecting a child holds a relevant position, it is permissible to conclude an additional agreement with her to the employment contract stating that a standardized working day is established for her for the specified period. The exclusion of this position from the general list is not required.
- Part-time workers.
It is permissible to introduce a special regime for the following categories of persons (initially, the written consent of such persons is required to establish an irregular working day regime for them, as well as in some cases a medical certificate):
- workers with disabilities;
- persons raising a child alone until they reach the age of 14;
- women with children under 3 years old;
- guardians of minors.
Irregular working day is how many hours
Normal working hours in the Russian Federation assume a 40-hour working week (Article 91 of the Labor Code of the Russian Federation). Most organizations have a 5-day work week and an 8-hour work day.
Labor legislation does not regulate the maximum number of hours that an employee can work in an irregular mode, as well as the frequency of involvement in such work. In connection with this state of affairs, n / a day is used by an unscrupulous employer as an excuse to exploit employees who are forced to do more work for the usual remuneration.
Compensation in the form of annual leave (additional and paid) does not depend on whether the employee was involved in work in the appropriate mode during the year or not. Leave is granted in any case.
Conditions for establishing irregular working hours
The conditions for establishing the regime are as follows:
- n / a day is set for specific employees (the employee's consent is not required for this);
- work performed during an irregular period must correspond to the labor function of the employee;
- implies an increase in the total volume of work (performance of the labor function outside the working hours, agreed by the parties in the employment contract);
- the increase in the volume of work is episodic and non-systematic (letter from Rostrud dated 07.06.2008 No. 1316-6-1);
- the employee receives additional guarantees provided by law (for example, additional paid leave of at least 3 days, Article 119 of the Labor Code of the Russian Federation).
Employees with n / a day, like the rest, do not work on weekends and holidays. Their involvement in the performance of labor duties on these days is carried out on a general basis with additional payment, unless otherwise specified in the local documents of the organization.
Procedure for registration of irregular working hours in an employment contract (sample)
The procedure for introducing a daily routine at an enterprise and establishing it for employees is as follows:
- The positions of employees who may be offered an un / r day regime are determined in a collective agreement, agreement or local normative act adopted taking into account the opinion of the trade union (in the cases specified in the Labor Code of the Russian Federation).
- Employees familiarize themselves with this local regulation on receipt.
- The employer's order is issued on the establishment of a n / a day for specific employees and an additional agreement to the employment contract is concluded.
- If an employee first starts working for a position in which it is necessary to work on a daily basis, an employment contract is immediately concluded with him with the appropriate condition.
Thus, it is not only possible, but also necessary to set the n / a day in the organization for certain categories of workers (for example, if it is impossible to calculate the amount of work). However, in order to exclude possible disputes, it is necessary to follow the procedure for introducing this special labor regime, including explaining and reminding the employee about the peculiarities of such a regime, the terms of payment for labor, since the legislation provides for the administrative responsibility of the employer for violation of the procedure for setting the current day.
Irregular working hours are considered in the legislation as an alternative to the 8-hour working day. Management is free to decide whether employees need to be on site for the usual number of hours to complete the entire work, or if they need additional time for individual tasks. If the need for this nevertheless arises, an irregular day is introduced locally for specific employees.
How irregular working hours are interpreted in the Labor Code of the Russian Federation
The Labor Code of the Russian Federation, which is designed to regulate relations between management and subordinates, pays a lot of attention to the establishment of health-friendly norms of time spent at work, as well as the norms of time, which will be enough for the body to recuperate, including irregular working hours.
What period of time an employee should stay within the company, performing his labor functions, is discussed in the section "Working hours". Within the framework of this concept, like the concept of "irregular working day", it is fixed how many hours an employee must perform his duties during the day (in some cases, the term "shift" is used instead of a working day). There are also time limits for the work week and year. There is a separate concept of “rest time”. With its help, the duration of daily rest, weekends and holidays is regulated.
The standard working time is perceived as a 5-day day with an 8-hour working day. This is the norm in effect in the overwhelming majority of enterprises and organizations, both public and private. But there is another mode of work - irregular working hours (Article 101 of the Labor Code of the Russian Federation).
Irregular working hours are not introduced for the entire enterprise, but only for some people who simply need to work beyond the plan. It turns out that in the whole company there is, for example, a standard 5-day day with the start of work at 9 am, and individuals work irregular working hours. Their job is to show up for work, say at 6 a.m. or leave the office after 10 p.m.
For many, irregular working hours are tightly intertwined with the concepts of "overtime" and "overtime". But at the legislative level, they are separate. Irregular working hours are a separate work schedule that allows an employer to employ specific workers outside of their regular work schedule.
How many hours per week and year is it permissible to work in 2017-2018
In Russia, a workweek of 40 hours is considered the norm (Article 91 of the Labor Code of the Russian Federation). If we are talking about a 5-day day, and this is how they work at the overwhelming number of enterprises, then the employee has to work 8 hours daily. But the employer is entitled to increase these rates.
This increase is of 2 types:
- engaging in overtime;
- stretching the schedule within an irregular working day.
The law introduced a restrictive framework for overtime work: it is impossible that such overtime should exceed 120 hours per year. At the same time, it is prohibited to involve an employee in overtime work for more than 4 hours 2 consecutive days.
But in relation to irregular working hours, there are no clear time limits in the law. There are only requirements not expressed in a specific hourly equivalent. The regime of irregular working hours should be of an episodic nature, that is, there can be no question of any system. In addition, the employer needs to really need the employee to fulfill his direct duties during an irregular working day.
Irregular working hours - what does it mean for an employee
An employee who has agreed to an irregular working day schedule needs to know the following:
- The employer will not each time ask the employee's consent to work irregular working hours. Such consent is obtained on a one-time basis and is most often reflected in the employment contract.
- Refusal to work an irregular working day can be equated with refusal to fulfill one's labor duties. Although the courts have not yet developed a unified practice of resolving labor conflicts on this issue. At the same time, you need to understand that such a schedule is unacceptable every day. Irregular working hours are an episodic phenomenon in daily activities.
- Even if this working time regime is called irregular working day, this does not mean that there should be no restrictions on its duration. The local act and the employment contract must describe the time frame of the working day and week. Irregularity lies in the difference of the schedule from the generally accepted in the company.
- A person who is called upon to work irregular working hours must understand that this is impossible on a permanent basis. The employee is obliged to come and go with the rest of the employees and only when such a need arises to work after hours.
- Irregular working hours cannot serve as a reason for the performance of additional duties that are not prescribed in the job description. The working time is increasing, not the list of responsibilities.
Irregular working hours give the employee a bonus in the form of at least 3 vacation days, which are paid by the company. These days can be added to annual leave. Also, instead of vacation, you can receive monetary compensation. The same rules apply as for annual paid leave. It may simply not be possible to pay extra money for an irregular working day, if the authorities do not order it.
What does irregular working hours mean for an employer
A boss who has a need to establish an irregular working day for his employees must arrange everything in advance. To begin with, it is necessary to reflect the very possibility of attracting people to work within a normal working day in an agreement between the team. In it, you also need to indicate a list of positions for which a standardized working day is required.
Then you need to conclude with each employee who holds a position from this list, an agreement on the introduction of irregular working hours, and in writing. Verbal agreements are not suitable in this case. The easiest way is to initially prescribe this in an employment contract, and if it has already been agreed upon, you will have to correct it by adding a clause on irregular working hours.
The employer must understand that he has no right to force the employee to work irregular working hours every day or even every other day, since this regime is strictly episodic. At the same time, during the time worked out by the employee in excess of the norm, one cannot force him to take on additional functions. A non-standard working day is used only for the performance of the employee's direct duties.
List of positions of employees with irregular working hours
The circle of persons who can work irregular working hours is established almost arbitrarily at the local level. There is no single list of positions with irregular working hours in the legislation. You can find only individual recommendations on this issue.
So, in the decree of the Government of the Russian Federation "On approval of the rules for granting annual additional leave to employees with irregular working hours" dated 11.12.2002 No. 884, it is proposed to include the following positions in the list:
- Leading link. For example, the CEO can easily work irregular working hours.
- Maintenance personnel. The same installer can come to work in advance within the framework of an irregular working day to check the equipment.
- Housekeeping staff. The exit of the caretaker to work off irregular working hours can simplify the work of all staff.
- Employees whose time spent at work is unaccountable. A realtor can organize real estate shows during irregular working hours.
- Employees who have an obligation to work for a certain time, but the period when this must be done is not specified. These include persons of creative professions for whom irregular working hours are quite the norm.
So employers have some freedom to choose positions with irregular working hours. In private structures, irregular working hours are established almost entirely at the request of the authorities. The main thing is that the list of positions should be fixed in writing.
The rules for regulating such a regime as irregular working hours are not clearly expressed in labor legislation. The norms themselves, which regulate irregular working hours as a working regime, are scattered throughout the Labor Code of the Russian Federation, and not collected in a separate subsection. In this regard, when establishing and applying irregular working hours, special care must be taken to prevent violations of the law and not to confuse irregular working hours with overtime and overtime work.
Irregular working day (NWD) is a special schedule of work activities, in which there are no clearly defined boundaries of the working day. An irregular working day is established for civil servants in accordance with the Labor Code (LC) of the Russian Federation, (Article 101).
The main features of irregular work hours
The main feature of NSD is the statutory obligation of an employee to perform his or her duties not only during a normal working day, but also after its completion or before it begins. It is worth emphasizing that activities performed outside of official working hours should only be those that are recorded in the employment contract. In this case, the employee does not have the right to refuse to fulfill it.
This is important: the attraction of a citizen to work outside the working day should be episodic, and not permanent (Letter from Rostrud No. 1316-6-1 dated 07.06.2008). All of the above applies only to the official work week, work on weekends and holidays is overtime.
The concepts of NSD and overtime work are fundamentally different:
You should know
Irregular working hours can be introduced only for certain positions, but not for the entire organization, and the list of these positions must be determined in advance. Also, the NSD regime is applied sporadically, only when necessary and to perform basic labor functions, and not additional work.
- the main difference is that for the additional hours worked, the employee is entitled to a monetary reward, and with an irregular schedule, additional. there is no payment for this;
- overtime work is limited by a time frame of 120 hours per year, and irregular working hours according to the Labor Code of the Russian Federation in 2019 do not provide for such boundaries. Read more about the maximum overtime hours.
- when issuing a special order and confirming the employee's written consent (Article 99 of the Labor Code of the Russian Federation). Under NSM, such formalities are not required;
- irregular work schedule is assigned not to the employee, but to a certain position;
- work outside working hours should be conditioned by production necessity.
You can learn about the features of irregular working hours from this video
Registration of irregular working hours under article 101 of the Labor Code of the Russian Federation
The irregular work schedule for certain positions, in accordance with the Labor Code of the Russian Federation, should be reflected in the following internal acts and documents:
- in the collective agreement, with the obligatory attachment of a list of positions for which a similar work schedule is established. This list is approved by a special order for the company;
- in the internal regulations and other regulations of the company;
- in an employment contract between the employer and the employee. If the introduction of NSD in this position was required after the employment of the citizen, then an additional agreement is concluded to the existing employment contract, which fixes the new work schedule.
In order to avoid the occurrence of labor disputes, employees must be familiarized with all the listed documents under a personal signature.
Note! The establishment of irregular working hours is limited for the following categories of employees: pregnant women, minors, disabled people and parents of young children who are raising a child themselves.
Positions with irregular working hours
A register of positions with a similar work schedule should be recorded in a collective agreement or internal regulations. This list contains those positions, in the performance of official duties which it is impossible to take into account the spent working time.
For example:
- leaders of various ranks;
- state and municipal employees;
- drivers;
- teachers;
- creative workers;
- freelancers, etc.
Privileges for employees with irregular hours
Obviously, when working according to this schedule, the employee works more than is prescribed in the Labor Code of the Russian Federation (read about the normal working hours per week in the article). Therefore, for persons employed with NSD, compensation is established at the legislative level - additional leave of at least 3 days. At the same time, it is not taken into account whether during the working year there were facts of the employee's involvement in work outside the official working hours, add. vacation is provided in any case.
Consider how irregular working hours are paid. According to the Labor Code of the Russian Federation, wages within the framework of a similar work schedule are made in accordance with the approved staff salary or in the amount prescribed in the employment contract. Additional payment for irregularities is not provided.
As an example, let us examine a special case: a citizen is employed in the NSD regime, but is forced to work also on weekends. In this state of affairs, the employer is obliged, in addition to providing the employee with additional. leave for an irregular schedule, additionally pay also overtime hours worked on weekends (find out how overtime is paid according to the Labor Code). Conclusion: add. payment for workers on irregular hours is assumed only for work on weekends, as for overtime work.
Still have questions about the irregular working day? Ask them in the comments
The term "irregular working hours" came into the modern Labor Code from its predecessor, the Labor Code. But today it has a completely different meaning.
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This, as well as some ambiguities in the wording, leads to a variety of misconceptions. And they can easily result in abuse of the right.
Let's try to figure out what the legislator had in mind.
general information
The main document governing relations in the field of wage labor is the Labor Code.
It is in him, in Art. 101, the definition of irregular working hours is given. And in Art. 119 provides for compensation - additional leave. Also, the Labor Code provides for the participation of employees in drawing up a list of positions for which this regime is provided (Article 101 of the Labor Code).
The definition is contained in Art. 101 TC.
It becomes clear from it that an irregular day is one of the modes of operation.
This is his fundamental difference from overtime work similar to him. Similar because it allows work outside the working day, but occasionally. And only some workers.
What does "occasionally" mean in this case and who are some of the workers? Let's take a closer look.
What does it mean?
If there is an irregular working day, then it is completely logical that there is, on the contrary, a normalized one.
Its duration is given in Art. 91 TC.
But to make an employee work longer is possible only in two ways: overtime or in a special mode - irregular time, which is introduced:
- only for individual employees, and not for the organization as a whole;
- the list is determined in advance, and not made up on the go;
- out of necessity, and not at the request of the authorities;
- sporadically, not on an ongoing basis;
- to fulfill their labor function, and not additional work.
Since the work is supposed to be outside the normal working day, the employee will have to compensate for this inconvenience.
The employer must determine exactly who will have to work in such a regime in agreement with the employees - more precisely, with the elected body (trade union) representing their interests.
The manager is obliged to formalize by law the use of such a regime as an irregular day.
That is, create and approve by order a list of positions where the use is allowed (after receiving the opinion of the trade union committee on this matter), to familiarize employees. And also to determine whether there is the very need to find employees at work after the end of their working day.
A written order is issued signed by the director (not to be confused with an overtime order).
The employer, prior to concluding the contract, discusses the mode of his work with the job seeker.
He is also obliged to take into account the working hours of employees. And to compensate for this mode of operation (Article 119 of the Labor Code).
If there is an objective need to introduce a regime of irregular time, then all prescribed Art. 74 TC procedures.
How many hours is it?
Another difference between irregular working hours and overtime work is the lack of a clear time frame.
With overtime, everything is simple and clear: a maximum of 120 hours per year, for two consecutive days no more than four (Article 99 of the Labor Code). Plus an even higher cost of processing time.
For non-standardized times, the boundaries are not set. As such concepts as "episodic" and "out of necessity" are not disclosed. It is clear that this means quite rarely and only in exceptional cases.
Such a vague wording provides room for abuse by employers. There is no exact number of hours in the law.
Who can be installed?
Positions for which irregular working hours can be established must be spelled out in the local regulations of the organization.
An indicative list of positions and professions for which an employer can offer such a working regime:
- administrative, managerial and business personnel;
- workers whose work does not lend itself to temporary accounting;
- persons with a free schedule;
- workers with fragmented workdays.
Leaders
The leaders of both divisions and organizations are the first contenders to establish an irregular day for them. This is required by their special responsibilities.
Labor legislation does not insist on the indispensable introduction of such a regime for private companies. This is done at the discretion of the founders.
Just like other employees, the manager is entitled to compensation for such a regime - additional vacation. However, the contract may include other bonuses.
The law does not prohibit this.
Civil servants and municipal employees
The introduction of an irregular day, like other aspects of the work of this category of workers, is regulated not by the Labor Code of the Russian Federation, but by special laws. They also assume compensation for such a working day.
Directors of state institutions
The first to whom this act prescribes to work irregular day are the management personnel.
Such a regime is formalized for directors of state institutions in the same way as for heads of private companies - through an employment contract.
Drivers
The need to introduce an irregular day for drivers is determined by the specifics of their work.
The beginning and the end of work depend on too many factors to be rigidly fixed. At the same time, a tight schedule can lead to abuse of rights by workers.
And then the manager will have to pay for huge volumes of processing.
Other categories of employees
Most often, irregular days are used to regulate the work of creative and teaching staff.
Their work schedule cannot be tough due to the specifics of the profession.
This mode is also convenient for remote workers. Most of them build their work schedule at their own discretion.
This moment is necessarily negotiated when signing an employment contract.
In what documents is the organization fixed?
The list of positions (professions) for which the employer considers it necessary to enter an irregular day may be included in the Internal Labor Regulations. Or drawn up as an attachment to this document.
It looks something like this:
Also, the condition on the establishment of a special mode of work is necessarily included in the employment contract. Or drawn up by an additional agreement later.
Example:
The condition on the introduction of irregular time can be included in the collective agreement. Then the list of employees will be an attachment to this document.
And it is designed like this:
How to set irregular working hours?
It is quite easy to establish such a regime.
It is only necessary to observe a number of rules and draw up the necessary documents. Otherwise, there will be a reason for unfairly imposed penalties, improper payment and labor disputes.
General rules
As a general rule, it will be mandatory to obtain the consent of employees to work with irregular hours.
In addition, it is worth remembering that this mode works:
- only for employees from the list;
- episodically, that is, quite rarely;
- by order of the head, better written;
- only if necessary;
- with the provision of subsequent compensation.
Documenting
The introduction of the regime can be formalized by the following documents:
- a list of relevant positions in the form of an order, annex to the PVTP or;
- special provision on irregular working hours;
- orders for the approval of the introduced provisions;
- employment contract or.
Sample documents are shown below.
Order (sample):
Regulations on irregular working hours:
Accounting
The law does not provide for additional payment for the time that an employee spent at work during an irregular day. The only thing he is entitled to is an additional vacation.
This makes it easier to track working hours.
How to reflect in the report card?
The report card of an employee with an irregular day does not reflect the actual time he worked, but the norm.
For example, accountant Petrova has 8 hours; and the teacher of the university - 6 hours. Overtime under this regime is not paid, therefore, it is not necessary to reflect them separately.
How to keep a log book? (sample)
The accounting journal, unlike the timesheet, is not an obligatory document.
The need for its maintenance is determined by the organization itself. However, it is this document that allows the head not only to monitor the execution of his orders. It makes it possible to control the amount of processing in order to prevent the transformation of an irregular day into daily processing without payment.
The completed log looks something like this:
Holidays
Irregular working hours have no effect on the order and timing.
Like all employees, employees with a special schedule go to rest on schedule. It is drawn up at the end of the year and communicated to the general public.
Only privileged categories of employees can count on off-schedule vacations: pregnant women, single parents, people with disabilities and minors. Part-timers are also in a privileged position.
For them, leave for the main and additional work is the same.
Main
This rule also applies to employees with irregular days. They are also entitled to compensation for all expenses.
If part of a business trip falls on a day off, then either an increased payment is made, or an additional day of rest is provided, like other employees.
Processing
The most difficult issue with an irregular day is processing. Is she there or not? How to fix and compensate for it? What is the maximum time? The law gives somewhat vague answers to this.
How much can you recycle?
There is no clear indication of hours in the law. Each manager decides this at his own discretion.
The main thing is to fulfill the prerequisites: sporadically and only when necessary.
How is it paid?
Employees are always concerned about their wages. An irregular day implies an increase in the volume of work. What about payment?
For employees with irregular hours, there are no special conditions for wages. Salaries and other payments are calculated on a general basis.
However, the Labor Code does not prohibit the provision of material incentives for such workers. This condition may be included in the Collective Agreement.
Instead of additional leave, the employee can receive monetary compensation (Article 126 of the Labor Code). Payment is made upon written request.
It looks like this:
With it, the condition of an irregular day does not apply.
For a single mother
There are no bans on the introduction of irregular days for single mothers in the Labor Code of the Russian Federation. But there are regulations that oblige the manager to reduce working hours for a single parent with children under 14.
A written desire is sufficient for this.
Such a regime is called an incomplete day, it is taken into account and paid accordingly. And it is not combined with the irregular day regimen.
Overtime work
Overtime work may also involve employees with irregular hours. But then an order is issued about this, and then an increased payment is made.
A prerequisite is obtaining the consent of the employee.
Can you refuse to establish such a mode of operation?
When applying for a new place, such a condition as an irregular day is immediately negotiated. And the signed employment contract automatically means consent.
But it is possible to transfer an already working employee to such a regime only in the order of Art. 72 TC. That is, having received written consent.
The reference form is written in any form, the details of the employing company must be indicated.
A special case requiring the submission of a certificate may be a court session. Another option is a kindergarten to explain the absence of a child or the need to leave him for the evening. They may require such a certificate in the hostel.
But in any case, the employee himself should receive it. And only then submit to the place of demand.