Irregular working week labor code. Irregular working hours. What is irregular mode

Irregular working hours established by employers in order not to pay overtime. Permanent job outside working hours may be considered as overtime.

Employees of many enterprises have to partly stay at work for the needs of the employer, in connection with which conflicts may arise over payment for work outside of working hours. To avoid this, the employee is involved in overtime work. As a one-time scheme, this method is acceptable, but in the long run it is unprofitable due to financial costs and difficulties with documenting.

Hence, it is better to set an irregular working day for the employee, which will allow the employer to involve him in overtime work in a simplified manner.

Compensation for such a regime is small - three calendar days of vacation. If the employee refuses to work in this mode, the employer has the right to start the procedure for introducing new conditions unilaterally. If, after 2 months of deliberation, the employee does not agree to an irregular working day, then he can be fired, and an employee ready for special working conditions can be selected in his place.

Positions with an irregular day must be listed in the rules of the internal work schedule or in a separate local act.

How to set irregular working hours?

1. To establish an irregular working day at an enterprise, the employer must first develop a local regulatory act containing a list of positions of employees with irregular working hours in accordance with the requirements of Art. 101 of the Labor Code of the Russian Federation. This list may be in the PWTR or in a separate provision.

Sometimes it is more expedient to develop an independent document, in which, in addition to the list of positions, it will be necessary to reflect the procedure for providing other compensation for work in the specified mode, for example, percentage allowances.

But you can limit yourself to supplementing the PVTR with a list of positions with irregular working hours and an indication of the number of vacation days due for work in such conditions. The employer has the right to rank its duration depending on the status of the position, as well as the intensity of work in this mode.

2. This local act must be familiarized with the signature of the employee who is planned to establish an irregular day. . The employee can sign and indicate the date of familiarization with the local act both in a specially designated column of such a document, and in a separate journal. Both methods are legitimate.

Only if there is a local act, the employer has the right to include in the employment contract with a new employee a condition on the establishment of an irregular working day. If the employer does not do this and, moreover, does not familiarize the employee with the local act, the employer will lose the right to demand that the employee start work before the start of the working day or stay after it ends. Such factors, along with other circumstances in one case, did not allow the employer to prove the legitimacy of issuing disciplinary action for failure to appear at work before the official start of the working day.

3. The transition to an irregular day must be formalized by agreement.

You can set an irregular working day when an employee is employed or in the course of his work. In the latter case, the procedure will depend on the presence or absence of the employee's desire to work in the new conditions.

If he agrees, then you need to conclude an additional agreement on a new working condition - in irregular working hours. It is also worth reflecting the specific duration additional leave, but not less than 3 calendar days. Further, an order is issued in an arbitrary form with similar information.

Refusal of an employee to work with an irregular working day

The employee may refuse new working conditions. As a rule, irregular working hours are not paid additionally. But the employer has the opportunity to introduce such a regime unilaterally by applying Art. 74 of the Labor Code of the Russian Federation. That is, the employer has the right to start the procedure for changing the conditions of the TD.

The employer needs to prepare documents indicating real changes in organizational or technological working conditions. These include decisions, protocols and orders of the employer. It is necessary that they contain decisions related to optimization production process, changing the working hours or with reassignment structural divisions, leading, for example, to a decrease in the volume official duties worker.

Since the refusal to work in the new conditions often ends in the dismissal of the employee and the dispute, these documents will help the employer prove the legitimacy of her position. The court will examine them to determine whether there were grounds for changing the employee's work schedule.

Engaging an employee to work after a working day

To engage in work after a working day, you need a separate order from the employer

To attract an employee to work after working hours, you need an order from the employer. At the same time, it is not entirely clear in what form - written or oral - the employer has the right to give such an order.

A written order is suitable when there is doubt about the loyalty of an employee. If he has repeatedly expressed dissatisfaction with his mode of work, then it is better for the employer to issue a written order.

It will need to indicate the last name, first name, patronymic of the employee, his position and the date on which he is involved in work, as well as its type (for example, the completion of the database). Moreover, the employee can be instructed not only to stay after the end of the working day, but also to come early the next day.

In addition, the order must clearly indicate that the involvement takes place as part of the irregular working hours, and not to perform overtime work.

If a dishonest employee does not comply with the order, then the company has every right to bring him to disciplinary responsibility (remark, reprimand). But before that, three things need to be checked. Firstly, the presence of the employee's signature on a sheet of acquaintance with a local act containing a list of positions with irregular working hours. Secondly, an indication in his employment contract for a special mode of operation. Thirdly, the date of familiarization with the order of attraction to work.

The absence of a written order can create problems for the employer. If the employee is verbally notified of the need to fulfill the assignment, it will be difficult to prove a violation of labor discipline.

When no difficulties are foreseen with the employee, and there is no time to issue an order, you can limit yourself to an oral order.

The episodic nature of overtime work

Work outside working hours can only be done occasionally

Engaging an employee to perform labor functions outside the established hours of work should occur occasionally. Hence, the arrival of an employee at work earlier or delays in the office at the direction of the employer cannot be systematic; such situations are possible from time to time and in certain cases.

Otherwise, such work will be recognized as overtime, and the employer will have to compensate for it with money. Moreover, the appeals of employees on these issues with complaints to the State Inspectorate or with claims to the courts are not uncommon.

For the employer, the difficulty lies in the fact that he does not have time reference points. The Labor Code of the Russian Federation does not say how many times a week (month) an employee can be involved in work before or after the end of the working day. There is also no indication of the acceptable number of hours of such work.

But for the employer there is also a positive point: it is difficult for the employee to prove the fact of systematic involvement in work outside the working day. In such a situation, the lack of specific legislation plays into the hands of the employer.

By virtue of Art. 56 Code of Civil Procedure of the Russian Federation, the employee will himself prove the systematic nature of processing. But the same document, for example, a waybill examined by a court, can lead to opposite conclusions.

Since the Labor Code of the Russian Federation does not contain definitions of the concepts "episodic" and "systematically" and these concepts are evaluative in nature, the court or the State Customs Committee will evaluate the duration of work in each specific case. If emergencies are rare, then it is better not to involve the employee in work outside of the working day more than once or twice a week, but not every week. Otherwise, this may lead the inspectors to think about the systematic nature of involving the employee in work outside of working hours.

Additional leave for irregular working hours

For an irregular working day, an employee is entitled to additional annual paid leave (part 1 of article 119 of the Labor Code of the Russian Federation). Its duration of at least 3 calendar days is fixed in the collective agreement or PWTR.

For employees holding different positions, it is possible to provide for different durations of rest. This condition is correct.

Additional leave for irregular working hours is provided to the employee annually. The right to rest does not depend on the duration of work in the specified conditions. In other words, it does not matter whether the employee was delayed by the order of the employer after the end of the working day or not. The very fact of establishing the irregular working day regime is important.

Sometimes an employee begins to demand a vacation, because he believes that he actually works in the specified mode. In this case, it is quite easy for the employer to justify the refusal to grant leave. The main arguments will be the absence of the employee's position in the list of positions with irregular working hours, as well as the indication in the employment contract of the usual (normalized) work schedule. Even if the case goes to court, without proper evidence, the employee will not be able to defend his position.

Overtime allowances

Other guarantees for employees with irregular working hours, except for additional leave, are not provided. But the company has the right to provide for other types of compensation (Article 9 of the Labor Code of the Russian Federation), by registering them in a local act, collective or employment agreement. Employers often take advantage of this opportunity and set bonuses for employees. Since, in the event of a conflict, the provisions of a local act with similar conditions will be the subject of consideration by the supervisory authorities, the wording should be taken as carefully as possible.

Bonuses can be paid monthly, regardless of overtime, or for actual work outside the established working hours. In the latter case, it is important to carefully consider the processing time.

Irregular working hours for the disabled

A disabled person can have an irregular day only if he refuses the rehabilitation program

For a disabled person, it is necessary to create working conditions in accordance with an individual rehabilitation program (clause 2, part 2, article 24 of the Federal Law of November 24, 1995 No. 181-FZ; hereinafter - Law No. 181-FZ). It reflects recommendations on the conditions and types of work (order of the Ministry of Health and Social Development of Russia dated August 04, 2008 No. 379n). The employer does not have the right to ignore medical report and to establish an irregular day for a disabled person based only on the absence of a ban on such actions.

In other norms (part 5 of article 99, part 7 of article 113 of the Labor Code of the Russian Federation), all work outside the working hours established for disabled people is possible only if there are no medical contraindications.

Similar rules (due to similar signs of work) must also be applied if an irregular day is established for a disabled person. This will not be required if the employee refuses to implement the rehabilitation program (Article 11 of Law No. 181-FZ).

Other features of irregular working hours

An employee, upon a written application, has the right to receive money for unused days of additional leave for an irregular working day (part 1 of article 126 of the Labor Code of the Russian Federation).

In order to involve an employee to work beyond working hours, it is not necessary to obtain his written consent each time. It is enough to include a condition on irregular working hours in the employment contract and familiarize it with the local act, which establishes a list of positions with such a mode of operation.

Based on the foregoing, the following features of irregular work can be distinguished:

1. Employee consent not required

2. It is not necessary to pay for work in excess of the norms.

4. Being late for the beginning of the working day or leaving before its completion is a disciplinary offense.

5. An irregular working day does not give the employee the right to independently regulate the duration of work.

An employer who engages staff to work in excess of a certain norm must introduce an irregular working day. The article contains cheat sheets for personnel officers and a special selection on the application of such a regime according to the new rules.

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Irregular working hours - what does it mean from the point of view of the law

The Labor Code of the Russian Federation considers the irregular working day as a special mode of operation caused by production necessity. According to Article 101 of the Labor Code of the Russian Federation, an employee working in this mode may from time to time be involved by the employer in the performance of his direct labor functions outside the working hours established for this position.

It is important to bear in mind that the regime of an irregular day, under no circumstances, can serve as a basis for a call to work on a weekend or holiday. You should also not confuse it with overtime work, the duration of which is strictly limited by the current legislation (no more than 4 hours a day, up to 120 hours a year). In addition, overtime work is paid at an increased rate, while work in irregular working hours is compensated only by the provision of additional leave.

The use of a special procedure is considered legal only if the labor or collective agreement, supplementary agreement or local regulation developed by the employer provides for the corresponding clause, and the staff knows about it. In other words, no one forbids periodically asking subordinates to stay for several hours after the end of the working day in order to complete the work that has already begun, but first you should make sure that the company has documents that provide for such processing, and their effect applies to specific specialists.

At the same time, the duration of the daily processing by the legislator is not limited in any way, which, unfortunately, is often abused by unscrupulous leaders. It is also important to understand that processing should be episodic, not regular: even if you hire a specialist for a position with an irregular schedule, you cannot make processing a daily practice, breaking the law and creating fertile ground for conflict (sooner or later, patience will burst even for an accommodating employee) .

Regulations on irregular working hours

The Labor Code has changed the basic rules for working with irregular working hours (Federal Law No. 125-FZ of June 18, 2017). Now it is impossible to install it for those who work part-time. This condition must be canceled, since when checking the GIT, the employer can not only issue an order, but even be fined. Check if you know everything about irregular work. See the special selection from the experts of the Kadra System.

An irregular working day is how many hours

Normal duration work week should not exceed 40 hours. However, there is always a list of positions with irregular working hours, when episodic performance of official duties outside the established norm is assumed. For example, during "hands on work" in production, when specialists in responsible positions have to work in excess of the norm:

• director,
• deputy director,
• department heads,
• accountants and so on.

Such specialists often have to stay at the workplace for a long time and solve important issues that cannot be delayed. So that the production situation does not run counter to the requirements of the law, it is necessary to introduce an irregular working day for individual employees.

How to set a list of positions with irregular working hours

The list of positions of those employees who will be set an irregular working day, the employer can determine independently. The condition must be fixed in a collective agreement, in an agreement or other local regulatory act adopted taking into account the opinion of the trade union. For example, the list of positions can be fixed in Regulations on irregular working hours. At the same time, it is important to take into account the nature of the work established for individual groups of employees. Some categories cannot be set to irregular working hours.

Irregular working hours according to the Labor Code of the Russian Federation: reasons for changing the regime

According to the Labor Code of the Russian Federation, an irregular working day is not slavery permitted by law, as some employers think, therefore, involving personnel in work outside the norm established at the enterprise should be justified. On the one hand, it is the company making such a decision that is obliged to formulate and voice the reasons why the staff should work above the norm (since there is a clear list of reasons why one or another specialist can sometimes be assigned additional work at the end of the day or before it begins, the current legislation does not contain).

On the other hand, when solving this issue on their own, employers sometimes ignore the rights of employees, and even common sense: for example, they set an irregular day for the watchman (while this position does not involve solving urgent problems). But if we are talking about the head of the company, who often has to hold important meetings with business partners at a later time, or his personal driver, the transition to special conditions labor is fully justified.

Irregular working hours: the order of introduction

Download scheme

If a significant amount of tasks and assignments periodically accumulate in production, for which a full day of work is not enough, you will have to approach the issue in detail and develop regulations that establish an irregular working day for individual positions. In practice, we are talking, as a rule, about leadership positions ( Chief Accountant organization, director, chief technologist, etc.), as well as the positions of employees whose work cannot be accurately accounted for - for example, repairmen serving the production workshop, or operators, employed in servicing clients. General algorithm will be as follows:

• draw up a list of positions to be transferred to the new regime;
• we make a list in the collective agreement (agreement) or internal labor regulations;
• issue an order (instruction) to involve specific employees in a special regime and introduce them to the document against signature;
• we reflect the relevant condition in the employment contract, if we are talking about newly hired employees, or we conclude an additional agreement with employees previously hired by the organization.

Remember that even with an impeccably prepared documentary base, an employee with an irregular day can only be involved in the performance of duties stipulated by the employment contract ( Article 60 of the Labor Code of the Russian Federation). To put on him any additional responsibilities will have to enter into a separate agreement.

When drawing up an employment contract, it is necessary to spell out in detail the clause on the special schedule and the compensation due to the employee in the form of additional paid leave. Be sure to indicate the exact number of calendar days of vacation (main and additional). When drawing up an additional agreement on the transition to an irregular working day, it is necessary to indicate the date from which the new mode of operation is introduced. And remember that in no case should it be installed by all the personnel of the enterprise - in Art. 101 Labor Code of the Russian Federation clearly refers to "individual workers".

The order on the need to work in excess of the norm can be both oral and written - requirements labor law on this issue, they are devoid of specifics, so employers should make their own decision, taking into account the prevailing circumstances. Of course, in the event of a litigation, a strong argument in favor of the company will be the presence of a neat stack of orders issued every time as soon as there is a need for "emergency" work. But you can also give an oral order, the main thing is to explain to the employee why he should be late or come early, not limited to the dry and meaningless wording “due to operational necessity”. If the staff understands that each processing is legal and justified, the likelihood of conflicts developing on this basis will be minimized.

Irregular working hours: accounting of working hours

The obligation to keep records of the time worked by the staff is assigned to the employer ( Article 91 of the Labor Code of the Russian Federation). Based on information about the exact number of hours worked by an employee, he is charged wage, therefore, overtime hours are necessarily taken into account, but there are several different points of view on the accounting for overtime during an irregular working day. The first says that the use of such a regime is by no means a reason to refuse to take into account the time of processing: every hour must be reflected in accounting documents, in particular, forms T-12 and T-13, marking them special code, for example, with the letters "NSD" to avoid confusion.

The second point of view boils down to a complete rejection of fixing overtime (“why, if they are not paid anyway?”), And the third one involves registration separate document, in which only the hours of processing of personnel working in excess of the norm are noted, while in the general time sheet the hours worked within the normal working hours are noted. In general, it is enough to simply mark the day worked in the report card with a standard "eight" without indicating processing - this is not considered a violation.

Form No. T-12. Timesheet and payroll

Irregular working hours: restrictions on work in irregular hours

The law prohibits certain categories of workers from establishing a work regime that involves the performance of labor functions outside the normal working hours. We are talking about employees who, in accordance with the provisions of the Labor Code, have a maximum working time or a reduced duration of the day (week), namely:

• personnel employed in work with harmful or hazardous conditions labor;
• minors;
• disabled people of I and II groups.

For similar reasons, an irregular working day is rarely established for other preferential categories of workers, to whom the employer is obliged, at the first written request, regardless of the degree of intensity of the production situation, to establish an incomplete week or part-time:

• pregnant women;
• persons caring for a sick family member;
• one of the parents, guardian or guardian of a child under the age of 14 (or a disabled child under the age of 18).

Additional leave for irregular working hours

Employees working on a schedule that goes beyond the norm have the same rights as the rest of the team: rest on weekends and holidays, comply with the routine adopted at the enterprise, etc. Employees are not entitled to independently determine the start and end time of the working day, therefore, they are not entitled to arrive later than the time set by the employer or leave before the due date (see the decision of the Fifteenth Arbitration Court of Appeal No. 15AP11384/2011 dated December 27, 2011).

But at the same time, they are entitled to an additional guarantee for work in a special regime - lasting at least three calendar days ( Article 119 of the Labor Code of the Russian Federation) provided annually along with the main vacation. At the same time, the maximum duration of such leave is not established by law, so that employers who want to encourage employees for conscientious work and periodic processing have the right to secure the right to a longer vacation by a collective agreement or other local act.

If an employee asks to replace additional leave with monetary compensation, he can be met only if the total duration of paid leave (together with annual leave) exceeds 28 calendar days. To arrange such a replacement in accordance with all the rules, you will need a written application from the employee, and the employer has the right to refuse him, if there are reasons for that - he is not obliged to unconditionally satisfy the request for payment of monetary compensation instead of vacation.

Application for replacement of additional leave with monetary compensation

Compensation is calculated taking into account average earnings, but it must be remembered that there is a legislative restriction that prohibits replacing additional leave with cash payments to pregnant women and employees in positions with harmful or dangerous working conditions. Otherwise, everything is as usual: additional leave can be added to the main one, rescheduled (at the request of the employee), and unused days can be summed up with the next year's vacation.

The procedure for calculating and granting additional leave in commercial organizations is determined by the employer, in the budget - by legislative acts and government decrees. In particular, not so long ago, amendments were adopted in the federal law"On the state civil service Russian Federation» No. 79-FZ of July 27, 2004: now the right of civil servants to additional annual leave of 3 calendar days for an irregular working day is fixed in new edition clause 6.1 of article 46, and the right to receive monetary compensation instead of part of the vacation exceeding 28 calendar days - clause 9.3 of article 46 of the Law.

In some organizations, there is a practice of paying salary supplements to specialists whose position involves episodic delays at work. The law does not oblige and does not prohibit the appointment of such surcharges, like any other privileges and benefits, but in any case they must be properly executed, fixing the corresponding condition with a local document.

We respect the right of employees to rest

If the employer complies with the requirements of the law, irregular processing is rare, episodic (the frequency of involving personnel in work outside the normal working hours can be tracked by the relevant orders, if the management of the enterprise does not neglect their execution). But if overtime becomes a regular occurrence (employees constantly or systematically stay at work to cope with the tasks assigned by their superiors, or, at their request, come to work early), we can talk about a clear offense, because such work is not even paid like overtime, although it requires no less time and effort.

The injured party can apply to the court or the labor inspectorate: if the fact of violation of the employee's rights is confirmed by the results of the inspection, the perpetrator will have to bear financial and administrative responsibility. As a rule, such a situation is considered by the GIT inspectors and the court as overtime work, for which an appropriate financial compensation therefore, you will have to pay processing time.

A common violation is the refusal to provide additional paid leave to an employee who occupies an “irregular” position, but has not worked a single hour in excess of the norm during the year. The logic of the employer in this case is simple (“if there was no processing, then the vacation is not allowed - after all, there is nothing to compensate”), but is fundamentally wrong. According to Article 119 of the Labor Code of the Russian Federation and the letter of Rostrud No. PG / 3841-6-1 dated May 24, 2012, we are not talking about proportional compensation here: additional leave should be provided regardless of the number of days in which the employee was involved in work after completing a full day of work in normal mode. Consequently, an unreasonable denial of legally guaranteed rest will definitely be regarded as a serious offense and is unlikely to remain without consequences.

Irregular working hours, how to prove to the employer that you are right in court

Not only employers tend to abuse the rights and opportunities that the law has endowed them with: workers are also trying to benefit from the ambiguous situation that has developed in production. Quite often, the court has to deal with those who believe that the enterprise is obliged to provide more substantial compensation for processing or to provide staff with additional benefits in connection with the special working regime.

And if the court immediately dismisses claims with demands to allow the employee to independently determine the start and end time of work or receive an additional payment for each hour of processing (along with the provision of additional leave) due to their unfoundedness, then cases of dishonest behavior of the employer who allegedly refused leave or every day forcing staff to process for several hours, you have to understand thoroughly. In this case, the evidence base in the form of documents confirming the legality of the introduction and application of a special regime of work will help to avoid unfounded accusations.

In order to prove that an irregular working day was absolutely lawfully established for a particular specialist, one must present a collective agreement or internal labor regulations with a list of such positions, as well as an employment contract or agreement signed by the employee confirming his consent to work in a special regime. If the enterprise has a trade union, it is necessary to prove that the list was approved only after agreement with its representatives. It is good if the defendant has orders and orders to involve the employee in work in excess of the established norm, and a time sheet of actual hours worked for the disputed period with marks confirming the episodic nature of overtime.

To refute the accusation of not providing additional paid leave will help:

• employee's personal card with vacation marks;
• an order to grant leave due for an irregular working day, indicating the specific dates for its start and end;
• pay slip or a pay slip confirming the payment of vacation pay.

And if the employee preferred material compensation, it is necessary to provide the court with an application written by him with a request to replace days of rest with a cash payment and a statement confirming the fact of issuing money.

The employer has the right to establish an irregular working day for certain categories of employees who periodically have to solve urgent tasks after the end of the established working hours. For an irregular day, employees receive additional vacation days or compensation payments instead of rest days.

Content

At the enterprises of the country, without regard to the right of ownership, it is possible to conclude an agreement where an irregular working day will be indicated, the establishment of which relies on additional days to labor leave those employees to whose positions it applies. The concept migrated to the current Labor Code from the old Labor Code, but with its own nuances. What you need to know for those employees who agree to an irregular work schedule - in detail below.

What is an irregular working day

Irregular work schedule, during which some employees of the organization can perform labor obligations, more precisely, to be attracted to this by their management in excess of the duration of employment time - this is an irregular working day. Moreover, the consent of the employee is not required, since this item is spelled out specifically in the employment contract.

It is important to understand that the established nature of labor is not permanent, but only if necessary - this is enshrined in law. Often, upon admission, the applicant can fill out a questionnaire, where there is a question of consent to work on a non-normative day. The introduction of such a regime can only be approved by the head of the organization. It is introduced for management personnel and other categories of workers, such as drivers.

The concept of an irregular working day in Russian legislation

The Labor Code has a separate article defining what non-standardized working time. This circumstance is prescribed in the concluded work contract. The candidate is obliged to put his signature under this document, confirming his consent. It is important to understand that such a routine involves the performance of duties by employees in accordance with the regime labor day. Those who assume that under such conditions of employment you can come or leave your job at any time are mistaken.

Duration

According to the law, the length of the irregular working day is fixed by the employment contract and various local acts defined by the agreements in force in the organization. Violation of this regime is not allowed. It is possible to increase the busy time only by setting overtime. This is the main difference. Work over the established time should be separately accounted for and paid. The head does not have to give instructions to start performing functions on weekends or holidays (a business trip does not count).

How is the irregular working day established in the enterprise

There are two ways to document an irregular work schedule:

• concluding an employment contract. Before signing, the specialist is introduced to the list of professions for which a special work schedule is fixed, he is provided with information about local regulations, which displays information about this mode. After that, an order for employment is issued, where information about abnormal employment is prescribed.
• in the course of performing duties. You can set a non-normative day by means of an additional agreement, where changes are established on the conditions of the working day. It also reflects information on the provision of additional leave with pay.

Irregular Day Order

The need to issue an order is a controversial matter, since an employment contract with an irregular working day already establishes all the norms of this regime. The publication of the order gives the accounting department a basis to charge payment. Registration is carried out on the letterhead of the enterprise, however, simple registration is also allowed if such forms are not provided for in the company. The order is assigned a number according to the numbering in the register. The document indicates the position and full details of the employee in respect of which a special employment time regime is established.

It is imperative to indicate in the order the date when the employee begins to perform duties under a special regime. Information on the provision of incentives for work on an abnormal schedule is also indicated here. As a rule, these are additional days of paid vacation. At the end of the order, it is indicated who is the controlling person for the execution of the order. The order is endorsed by the head of the enterprise with a seal.

Accounting for irregular working hours

If an employee works in an organization or at an enterprise according to a non-normative day schedule, then this accounting of working time is somehow not particularly reflected in the time sheet. According to the legislation, the employer is obliged to keep records of the time worked individually by each employee. For this purpose, a journal of daily recording of the duration of labor time is intended. It is conducted in order to ensure that processing does not occur, since an abnormal day is different from overtime work. The method of logging is regulated by internal regulatory legal acts.

Irregular working hours pay

With regards to compensation for work according to the non-normative day schedule, one feature must be noted here. In overtime work, an additional payment to the salary in a certain amount is provided, employed under non-standardized conditions, under the terms of the legislation, are deprived of such an opportunity. Instead, they are provided with additional days, which are added to the annual leave. The number of days is negotiated separately and each employer has the right to set its own number, which is reflected in the collective agreement.

How many hours can be processed

For workers with a non-normative day, the employment contract determines in writing the employment schedule and the period of rest, breaks, the execution of which is mandatory from all sides. With an abnormal day, it is allowed to involve an employee in labor, and this is not done on a permanent basis, but only occasionally, and the duration of processing is not established in any way. If for a whole year a specialist has never been involved in the performance of duties under such a regime, then a review of working conditions should take place.

Vacation pay

Getting a vacation for an irregular working day is simple - you need to write an application, and there is no need to do this separately, since these days are fully added to the main vacation. The number of these days is calculated by order directly for the enterprise, and the employee is paid for them, as for the entire vacation, in a similar way. Taxation is carried out in without fail from these payments.

Additional leave

Enterprises have a list of professions that are prescribed additional leave for irregular working hours. They are not entitled to compensation in the form of cash payments for this work schedule, but only by providing a certain number of additional days for vacation. However, each specialist can receive compensation for days unused vacation if the employer approves it.

Additional leave for employees is limited only by the minimum number of days - there must be at least three. A specialist has the right to receive additional leave, regardless of how much time he has worked in this organization. It is important to understand that if a person does not work full time, then the irregular work regime does not apply to him.

Who should not set an irregular working day

If we turn to the legislation, then the exact norms are established here that not all categories of employees are assigned an irregular working day, but there are certain people who are legally prohibited from using such an order:

• part-time workers;
• disabled people of І and ІІ groups;
• piecework workers;
• shift workers;
• pregnant women;
• professionals undergoing training;
• employed part-time;
• minors.

Video: Irregular day

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In the Labor Code of the Russian Federation, the concept of an irregular working day defines the excess established in Art. 101 daily duration labor activity. In practice, this does not mean working out "from" and "to", but achieving the result - until the last client, until the end of the creative process.

What is included in the concept of irregular working hours?

The possibility of irregular work is necessarily fixed in the employment contract, otherwise it is illegal. With the original standard working day, an additional agreement must be concluded. The employer can simply ask to work more than stipulated by the contract and the law, but they have no right to force them.

NRD has its own characteristics:

• Non-standardized activity is possible only within the framework of fixed functions.
• Only employees mentioned in the list attached to the internal regulations can be involved under this regime.
• Periodic extension of the working day - regularity is not provided.
• It is not reflected in the general register of NSD (there is a separate payment regime for such employees, only the fact of appearing at work is recorded in the journal). The use of the abbreviation NRD is acceptable.
• With this mode of operation, an additional allowance is provided - at least 3 days with payment under the contract, as for fully worked days. It can be replaced with a cash payment.

Comparison of overtime and irregular work

Overtime and NRM are not identical concepts. Employees can be involved in work at the end or before the start of the working day to replace a colleague who has not left, to increase the urgency of the task, or to perform other functions that are feasible for the employee in accordance with his qualifications. Unlike NSD, it is possible to involve in processing only by mutual agreement, and the employee has the right to refuse without consequences.

• The total period of annual processing is up to 120 hours.
• Maximum daily processing - up to 4 hours for 2 days in a row.
• In the register, overtime is marked with a special code - C (04).
• Surcharge: 1.5 for the first two hours and 2 for the next. Weekends may be substituted.
• Irregular work is illegal for pregnant women, minors, single parents, disabled people, students. Their involvement is possible only with their written consent, subject to normal health and the absence of harm to health.

Determination of the length of the irregular working day

There are no clear boundaries. Responsible employers are guided by the statutory 8-hour working day plus overtime. NSD can last as long as the employee himself determines. The main guideline is the performance of the functions assigned to it. They work according to this principle:

• Managers of various ranks: heads of companies, financial services, analytical departments, design bureaus, etc.
• Executive assistants: secretaries, referents, translators, drivers, etc.
• Logistics and dispatchers.
• Security.
• Technologists and heads of shops of a continuous cycle.

Representatives of the above categories are on duty around the clock - some may change with shifters, but leave workplace"without supervision" is not right. Long working days are followed by legal holidays.

Irregularity is not necessarily expressed in excess of the normal working day. It can also be much shorter. For example, after the reporting period, an accountant has a little work, and after parsing documents, making the necessary payments, he may well go home. As the reporting date approaches, he has to stay late and spend weekends at work, which are paid accordingly or. In a number commercial structures The accountant works in an irregular mode. AT public sector this option is excluded. The countdown of irregularity can be carried out both at the end of the working day and at its beginning. Only the total duration matters.

How are the documents for NSD properly executed?

In accordance with the internal regulations, a number of positions involve occasional irregular work. It is approved by the head, the possibility of such a regime is fixed by the text of the employment contract. This rule is often neglected by entrepreneurs and owners of small businesses. If an employee who originally worked under standard schedule, an irregular one is offered, he has the right to refuse and work on the same terms - according to the Labor Code of the Russian Federation, he is right.

If it is necessary to introduce an irregular schedule at the enterprise, it is necessary to implement the following measures:

• Formation and approval of the list of positions falling under an irregular schedule;
• Making changes to the internal regulations;
• Notifying employees who previously worked within the legal standard and agreeing on further cooperation with them;
• Entering into employment contracts or signing additional agreements.

Subject to the above conditions, involvement in irregular work is quite legal and without a written document - an oral order is sufficient. But, this rule applies only to employees whose employment contracts reflect the required clause.

The annex to the TRP will define a list of positions that allow the application of the norm on irregular time. It also indicates the maximum allowable additional leave for its application.

The cancellation of the NSD is also formalized by issuing an order to end the irregular regime in relation to specific employees or positions. Further, the wording of employment contracts is changed - they are renegotiated or adjusted by additional agreements.

Record keeping

The law does not provide for a strict obligation to account for irregular work. For these purposes, either a general ledger with special marks can be used, or an individual one, strictly for employees at NSD.

• General journal. It contains marks on arrival, departure, time off, sick leave and overtime for all employees of the enterprise. Those who practice irregular shifts are specially marked - NSD.
• Individual magazine. It allows you to take into account the working time of all irregular employees in detail. AT this case the length of the working day is not important for payment, but it is fixed for the purpose of maintaining safety standards - long overtime is dangerous to health and fraught with responsibility for violating healthy lifestyles.

Sample time log

Accounting for irregular working hours

Significant information in the accounting log occupies only 5 columns:

• Calendar date for release day.
• Employee data.
• Justification of work outside the standard shift.
• Employee's signature.
• Leader visa.

The magazine is not stitched. The free addition and removal of sheets is implied, but they are numbered. The table is closed at the end of the year.

What does the jurisprudence say?

The most common reasons for going to court are violations committed by the employer:

• Coercion to perform duties in excess of the norm, provided that there is no clause in the labor contract about an irregular day.
• Non-compliance with payment terms. The legal excess of the norm gives the employer the right not to charge additional payment for processing. It is understood that they are covered by salary.
• Evasion from accrual of allowance for consecutive irregular days.
• Change of operating mode without notice.
• Making claims against an employee who refused to work in irregular mode. If the employment contract does not provide for such an opportunity, then the employer has no right to force.

In practice, there are frequent cases of unlawful increase in the working day without agreement with employees. It is not enough to include a clause on the non-standardization of the day in the contract, it must be remembered that it does not apply to all positions. It can only be applied to a limited number of professions.

An irregular working day is an individual work schedule in which the employer has the legal right to involve the employee in work at any time of the day in order to fulfill basic labor duties.

The irregular regime does not provide for the presence of a worker at the workplace for 8 hours. The schedule may vary up or down. The actual time of activity depends only on agreements with the immediate superiors, as well as the emergence of production needs.

Most public and private organizations use normalized working hours, defined under the Labor Code. It is 8 hours with lunch breaks. Work involves a daily exit for 5 days, days off - Saturday and Sunday.

However, some types of employment require the introduction of an irregular schedule. Its regulation is carried out in accordance with Article 101 of the Labor Code of the Russian Federation.

With an irregular regime, a worker can be called to work at any time. A variant of his absence from the workplace is possible, with an immediate arrival after calling the authorities. It is also possible to determine the actual location at work for a certain time (for example, 4 hours) and arrival in case of a call for production needs.

Many citizens mistakenly equate an irregular day with overtime work. it different concepts, which imply different remuneration and documentation.

Overtime work is periodic, non-standard work is permanent. If a citizen can legally refuse to be involved in overtime work, then in the case of an irregular day, this is excluded.

Features of irregular mode

An irregular schedule cannot be established for certain categories of citizens, these include: pregnant women, minors, single parents.

How many hours of work are allocated on an irregular day?

The Labor Code provides for the introduction of restrictions on working hours under Art. 94. It implies the use of a five-day working week with an eight-hour regime. What does it mean? First of all, she says that the working time should not exceed 40 hours a week. However, the employer still retains the right to increase it within the framework of production needs.

This can be done through:

• Engaging a worker to work in excess of the norm;
• Introduction of non-standard work regime

Many employees ask themselves the question: "Irregular schedule - how many hours?". It is impossible to answer this question unambiguously. By itself, irregular time does not give a clear definition of time. The framework simply does not exist, and payment is made by agreement with the authorities.

The fact is that an irregular day is constant, but episodic. This means that in one day an employee can spend 12 hours on work, in others - 4 hours. As a result, in one calendar month, he can work less or more than 40 hours.

The employer has the right to give the employee a task at any time, as mentioned above. It is not necessary to write a written order, as is the case with overtime work. Even an oral form of explanation will suffice here. The employee will not be able to refuse to complete the task. The length of time spent on a work task is not regulated.

Professional help

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What is the procedure for introducing an irregular schedule?

Abnormal operation cannot be entered suddenly. Its design is preceded by a number of implementation steps:

1. Development of a list of positions and their responsibilities;
2. Drafting an internal normative act regulating the issue of establishing an irregular day;
3. Coordination of the issue with the leaders of the trade union organization;
4. Conclusion of basic and additional agreements with employees;
5. Making changes to the collective agreement

Newly hired employees will sign an employment contract with irregular work clauses already included in it.

In the event that it is necessary to transfer existing personnel to it, an addition to the main contract is created.

What should an employee know about an irregular day?

When giving an agreement to introduce an irregular working day, the employee must consider the following:

• The employer has the right to call for work at any time of the day or night;
• The worker is obliged to begin the performance of his duties immediately after the call of the employer;
• Reflection of a non-standard schedule must be prescribed in the employment contract;
• Refusal to go to work is equated to the actual refusal of official duties. This may well lead to either the imposition of a disciplinary sanction;
• The employer does not have the right to force the employee to perform duties that are not prescribed in the job description;
• Engaging an employee on weekends and holidays is not allowed, with the exception of cases specified in the employment contract

With an irregular work schedule, the employee is entitled to an additional vacation in the amount of three days. It is combined with the main vacation, while being paid in the standard manner from the employer's funds.

The calculation of remuneration for irregular hours is based on the standard rate and allowances for an irregular day. As a rule, the increase in the income of an employee is insignificant, while he has to work twice as much. However, this is not always practiced. Some employers set optimal working conditions for irregular work, while the salary is at a high level.

The importance of an irregular day for an employer

The introduction of an irregular working day should be carried out in full compliance with applicable law. First of all, the employer should take care of the documentary side of the issue: the preparation of a new collective agreement, obtaining permission from the trade union, developing draft contracts, determining the list of positions.

Next, it is necessary to conduct an oral conversation with employees holding positions for which it is planned to introduce an irregular day in the future. After their oral consent, you can proceed to the direct signing of an additional agreement to make appropriate changes to the contract. The employer must understand that he has no right to force current employee switch to an irregular day. Everything must be done by mutual agreement of the parties.

The introduction of an irregular work schedule should not infringe on the rights of the employee. The employer must give him enough time to rest, not forgetting the need to provide annual leave.

The manager cannot force the worker to refuse the required vacation days, even if compensation is paid.
The introduction of an irregular day carries some benefits for the employer associated with the direct performance of work. On the one hand, he will be able to involve an employee in the performance of official duties at any time, while in fact he will not have to overpay for labor.

The amount of time worked on an irregular schedule does not equate to overtime work, that is, the payment of double the amount of wages is not required.

For which categories of workers is it possible to establish an irregular day?

As a rule, an irregular day is set for:

• leadership positions;
• accountants;
• Drivers;
• Artists;
• Writers;
• Economists;
• Technicians;
• adjusters;
• logisticians;
• Dispatchers

Some job types may not qualify for standard time tracking criteria. For them, the establishment of an irregular day is the only way out of the situation. For example, it is impossible to take into account the time to create a sketch of a house. A designer can spend a few hours or a few weeks on it.

An irregular day is quite often used for people with creative professions. It is simply impossible to specify the time frame of their work.

Latest news about changes in irregular working hours in 2019

In 2019, no changes have yet been introduced regarding the use of irregular working hours at enterprises. Back in March 2018, the current government decided to adjust and revise some of the conditions of the irregular day. Their development will continue, and the actual date of implementation is unknown.

Members are calling for the following changes:

• Extension of the period of additional leave up to 15 days;
• Reflection of irregular labor in the collective agreement;
• The introduction of restrictions on actual dates work;
• Raising wages for workers with irregular hours

Practice shows that both the owner of the enterprise and the employee himself can use the irregular schedule in their favor. Often there are situations when workers sit in offices all day long, while their wages are at a low level. The introduction of new changes will help improve the situation. Employers will have to reduce the level of tasks assigned to employees, or spend significant amounts on paying them.

As for workers, many neglect their duties. An irregular schedule is used for personal purposes: rest, access to a second job. On the one hand, such actions are not prohibited, but on the other hand, they can lead to poor performance of work duties.

Summing up

An irregular schedule brings the same benefit to the employer and the employee. Its implementation is prescribed in the employment contract and the regulations of the enterprise. Oral agreements on irregular regime are excluded. Everything is documented.

The rules for regulating irregular schedules in the current legislation are written superficially, without a clear definition. This makes it possible for one side to find personal advantages that are disadvantageous for the other side. Only the adoption of new bills on amendments to the current Labor Code of the Russian Federation will help to exclude this.

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