74 TK RF comments. Changes in significant working conditions. Terms of the employment contract that can be changed

Employment - important point in the life of every person. After you find a place to work, you will have to go there and do your work. job responsibilities. But only in a certain quantity. It's about time. How long is a normal working day? What standards are provided by modern legislation regarding the duration of work (per day, week)? Who is entitled to benefits in this sense? All this is extremely important to know and understand. Otherwise, the employer will simply be able to deceive you after employment, constantly forcing you to work longer than provided for in the employment contract. Or, initially, the duration of your shift will be beyond possible restrictions. All of these are extremely unpleasant moments, so you should know exactly your rights regarding how much you should work.

Concept

In Art. 91 of the Labor Code of the Russian Federation reveals a concept that plays an important role in work. Namely, what is working time? Not everyone is fully aware of what is involved here. Therefore, before studying labor duration, you should understand what it is work time.

This period represents the period of time during which the employee must perform his job duties, in accordance with the employment/collective agreement. It also includes other time provided for by Federal acts and laws, as well as the agreement between the employer and employee related to work time. This is the simple concept of working time.

We can say that this is simply a period in which you have to fulfill your duties. “Sitting at work,” as some employees in Russia say. Everything is very simple. A much more complex issue is the topic of the length of the working day.

Weekly norm

In Art. 91 of the Labor Code of the Russian Federation specifies not only the concept of the working period. The point is that some more norms for the duration of this are prescribed here. So, for example, you can say exactly how much an employer has the right to load employees with work per week.

A total of 40 hours are allocated for this. This is the maximum amount each able-bodied citizen can work in a week. There are exceptions, but there are not so many of them. By the way, if you think about it, it’s not very difficult to distribute 40 hours over a week. Much depends directly on your schedule, but some norms in the Labor Code are also provided for in this regard.

It is also worth paying attention to the fact that every employer is required to keep records of the periods worked by each of its subordinates. Otherwise, the leader violates the laws of the country. And he can be held accountable.

Deviations from the norm

We already know the concept of working time. Moreover, it is no secret how much maximum work is allowed per week. Only, as already mentioned, there are sometimes some exceptions. Both in relation to the working day and in relation to working week.

A reduced weekly schedule is provided for minor applicants. If a citizen is not yet 16 years old, then he can work 16 hours less per week than everyone else. After reaching this age level and up to adulthood, the norm will be 36 hours in 7 days. No more.

Normal working hours are reduced by 5 hours for disabled people of groups 1 and 2. In some cases, such employees, for medical reasons, are able to work less than is allowed (to the maximum). But the norm for disabled people per week is 35 hours.

Some personnel are employed in hazardous or hazardous work. The Labor Code also provides its own bonuses for them. Such employees are allowed to perform their job duties 4 hours less per week than ordinary employees. Their work week is limited to 36 hours.

Not completely

There is such a thing as a normalized working day. The Labor Code of the Russian Federation provides for some deviations from the norm. For example, assignment of part-time/week.

According to the legislation of the country, the employer, at the request of the employee, must provide him with “part-time” work. But not everyone can count on such opportunities. As a rule, only pregnant women, as well as parents of children under 14 years of age (or disabled people under 18), including those caring for a sick relative, are entitled to part-time work.

Please note that in this case there should be no consequences for the social package. According to the Labor Code of the Russian Federation, a (part-time) working day under such circumstances does not in any way affect the provision of paid leave, sick leave and length of service. But your earnings will directly depend on how much you worked or how much work you completed. It turns out that part-time employees usually have lower earnings than those who work regularly.

Norm for minors

But now you can think about how long a normal working day is. We must immediately note for ourselves that the category of citizens in question plays a huge role. As already noted, the working week differs in length in certain cases. Likewise, this is reflected at the bottom (shift).

The first step is to understand how much work minors are supposed to work at maximum. The normal working hours for able-bodied persons under 16 years of age is 5 hours. This is the maximum amount a schoolchild can work. But only when we're talking about about the period during which the frame is not trained. While studying, you can work no more than 2.5 hours.

A working day of 7 hours is established for minors from 16 to 18 years of age. Again, taking into account the fact that the subordinate does not undergo training anywhere. For example, in the summer. Otherwise, his working day cannot exceed 3.5 hours. Such restrictions are imposed on the employer. Failure to comply with these may lead to certain Negative consequences. Although, as practice shows, modern schoolchildren usually work 4 hours a day if they work part-time in their free time from school. And on weekends they can work 8-12 hour shifts. Such actions are not entirely legal, but in practice they happen all the time.

Dangerous and harmful

Of course, citizens working in harmful or dangerous industries also have some peculiarities in our current issue. The thing is that their normal working hours may be different. It all depends on the length of the working week of such personnel.

If it is 36 hours, then the shift cannot exceed 8. In practice, this is how long employees usually work in hazardous/harmful production. But when the working time per week should be a maximum of 30 hours, then shifts are scheduled for 6 hours, respectively. It is not difficult to guess that you will have to work at this pace for 5 days. The Labor Code of the Russian Federation does not provide for any other features in relation to personnel in dangerous or harmful production.

Other citizens

The duration of the shift for some categories of employees is determined very in an interesting way. The thing is that sometimes it is the employer who dictates how much a subordinate must work per day. But at the same time, taking into account all the norms and peculiarities of the country’s legislation.

Thus, workers employed in the media sector, as well as film/theater associations, actors and other creative teams have a working day established by the labor/ collective agreement. That is, their employer sets the maximum value for them. Or Federal regulations of the country. For some professions, the country itself dictates duration limits. working standard in a day. Please take this into account.

Generally accepted data

All the peculiarities of working hours do not end there. Now is the time to find out exactly how much the average citizen works on average. That is, someone who does not have any bonuses or benefits in our current question.

How many hours is the normalized working day for an employee of a particular organization? This indicator is equal to 8. That is, this is exactly how long the average shift of an ordinary statistical employee lasts. 8 hours of labor is not that much, to be honest. In this situation, your working week should not exceed 5 days. Otherwise, the 40-hour weekly limit will be exceeded. And your work must either be paid according to special principles, or not take place at all.

As practice shows, most often employers simply offer to work under one set of conditions, but in reality the results are completely different. The employment contract says one thing, but reality says something else. With all this, a maximum shift of 8 hours is usually indicated, but in practice, citizens are required to “plow” 10-12 hours. Additional time is not paid or rewarded in any way. Although, if we talk about processing, then it must somehow be covered by the employer in one form or another.

In some cases you have to work at night. These periods have legal features in their duration. Night is considered to be the time period between 22:00 and 6:00 inclusive. Not all employees have the right to work in this mode. For example, pregnant women and minors are prohibited from working at night. Disabled people are also included here. Under no circumstances are they allowed to work at night. Even on your own initiative. The employer must take all this into account, otherwise he can be held accountable for violating the laws established in Russia.

But other special categories of citizens (caring for disabled children, relatives, as well as children under 3 years of age) are able to work at night, but only with prior written personal consent. At any time, such personnel have the opportunity to refuse night work. Nobody can prohibit this.

The normalized working day, when it comes to night shift work, is an hour less than during the day. That is, about 7 hours maximum. There are exceptions too. Namely, the reduction in labor does not apply to those hired specifically for night shifts. Such personnel will work as long as stipulated in the employment contract. Usually, from 10 pm to 6 am, hired workers perform their job duties at night.

Near the weekend

Working on weekends and holidays is another subject of eternal debate. In Russia, the law regulates the norm of working hours before official non-working days.

The normal shift should be reduced by 1 hour. That is, you are supposed to work 60 minutes less than usual before weekends/holidays. Remembering this rule is not so difficult. It turns out that during the specified period the average working time will be 7 hours instead of 8.

If we are talking about companies that cannot stop activities on weekends, then employees are entitled to remuneration. Either it is expressed by moving the holiday to another period of time, or the shift is paid in double (or more) amounts. Typically, the conditions are specified in the employment contract or negotiated by the parties.

Above the norm

In some cases it is possible to legally work more than the required 40 hours. Either at the request of the employees or at the request of the employer. These two concepts are very different from each other.

In the first situation, we will be dealing with a part-time job. It cannot exceed 4 hours per day additional labor, and per week - 16. With all this, the company’s activities should not cause damage in any form to your main place of work. A citizen can have as many part-time jobs as he wants, as long as it does not harm his main activity. Social package is provided in the same way as all other employees.

But in the second case, overtime is called overtime work. In this case, you can work for two days in a row, but no more than 4 hours per day. And there is a certain limit of overtime work per year. He makes up for this moment 120 hours. Please note that such work is paid double. And part-time work is calculated according to the usual principles, without allowances.

In principle, this is all that can be said about the normal working day, as well as the peculiarities of working time. As a rule, you have to learn about your rights at work in advance. Indeed, in Russia, quite often established schedules are violated, and employees are left to work overtime without additional payment labor. The established principles are not that difficult to understand. We now know generally accepted standards regarding working hours. Remember, violation of these is unacceptable. You have every right to complain about

Employees of many enterprises and organizations are from time to time forced to work outside the established working hours. In some cases this is considered overtime, and in others it is considered irregular working hours. The difference in concepts is significant; irregularity implies the obligatory nature of additional leave, in the form of several agreed days, and not payment for hours worked. Nuances of irregularity (for example, shift work, in which the total working time is calculated in a separate way: details ) must be correctly recorded in the organization’s legal regulations and agreed in advance with the employee.

What is an irregular working day?

An irregular working day is a day in which an employee is called to work at any time outside the established schedule to perform his immediate duties. Despite this abstract formulation, the employer cannot exceed the authority given to him and call the employee to work whenever he pleases.

Involvement in extracurricular work should be carried out solely for reasons arising production needs. The involved employee must perform the duties specified in his contract. Irregular hours are stipulated in the employment contract of each individual employee. In the absence of such a clause in the contract, the work performed will be considered overtime and must be paid accordingly.

Irregular working hours of the Labor Code of the Russian Federation 2018 - how many hours?

Clarifications on the establishment irregular days can be found in Article 101 of the Labor Code of the Russian Federation. It specifies the basic provisions for the correct attraction of hired persons to work beyond the time established by law. Certain categories are prohibited from establishing such conditions.

In particular to such persons:

Workers who are under 18 years of age.
Disabled people of all groups.
Single mothers with children under 14 years old.

These categories may work overtime hours solely on a voluntary basis.
The number of hours or days of irregular work is not established by law. This is at the discretion of the employer. But the Labor Code of the Russian Federation still prescribes certain frameworks. According to the labor code, you cannot be hired on a permanent basis, daily or for several days in a row. For an employer, irregular work hours are very convenient, since an order to leave outside normal hours can be issued in any form - written or oral. To attract, you do not need to issue orders and separately coordinate with the employee.

For whom is it installed?

Irregular hours are usually established for certain positions, such as:

Senior managers.
Assistant managers with different statuses.
Head of services and departments.
Heads of departments with individual working hours.
Workers who are engaged in setting up equipment.
Technological specialists.
Employees of logistics and security departments.
Dispatchers.

The list of positions is compiled at each enterprise separately.

Regulations on irregular working hours

At enterprises that require positions with irregular working hours, a special regulation is drawn up that establishes the norms for days and hours of overtime work, and also clarifies the list of positions that fall under this category.

The position contains the following information:

Justification for attraction.
List of categories included in the special schedule.
Indication of days of additional leave for overtime by position.

The regulation is approved by order and brought to the attention of the persons specified in it.

How to specify irregular working hours in an employment contract - sample

The provision establishes only general established norms. To assign responsibilities to a specific employee, this condition should be indicated in the contract upon hiring. Or make an additional agreement to an existing agreement. In both cases, a separate paragraph prescribes the irregularity of days per year or hours per week. It is also necessary to indicate the days of additional leave received by the employee annually for fulfilling the terms of the contract.

Additional leave for irregular working hours according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation, the minimum duration of additional time for vacation should be at least 72 hours. This norm is established regardless of the number of extra-hour hours worked. The maximum permitted additional leave should not exceed 14 calendar days. Commercial organizations may not be guided by the maximum established framework and assign leave to their employees at their discretion.

New edition of Art. 101 Labor Code of the Russian Federation

Commentary on Article 101 of the Labor Code of the Russian Federation

An irregular working day is a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

The peculiarity of the considered work schedule is that the employee is subject to the general work schedule of the organization, but may stay at work at the request of the employer to fulfill his or her duties. labor responsibilities above normal work shift or call to work before the start of the working day.

It should be noted that employees can be involved in working with irregular working hours only to perform their labor functions, which they must perform under the employment contract. Consequently, an employee cannot be obligated to perform any other types of work, including outside the normal working hours.

The Labor Code of the Russian Federation stipulates that irregular working hours are established only for individual employees included in a special list (it is attached to the collective agreement or internal regulations in force in the organization). This list can also be established in industry, regional and other agreements.

Irregular working hours may be used for administrative, managerial, technical and business personnel; persons whose work cannot be counted in time; persons who allocate time at their own discretion; persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.

Please note that when applying the rules of Article 101 Labor Code Russian Federation, the employer must not obtain the consent of either the employee himself or the representative body of employees to attract (on days of production necessity) employees to work beyond the established working hours. This right of the employer is already provided for in the conditions employment contract. The employee does not have the right to refuse to perform such work. Otherwise, it is obvious gross violation labor discipline. Please note that this article contains a definition of irregular working hours, which states that in accordance with this work schedule, workers may be involved in performing their labor functions outside the limits established for of this employee duration of working hours.

The establishment of irregular working hours does not mean that these workers are not subject to the basic norms of labor legislation on working hours and rest periods. Therefore, recruitment to work outside the established working hours cannot be systematic.

Since working with irregular working hours involves certain overtime in excess of normal working hours, the Code, as compensation, provides that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations. In the event that such leave (at least three calendar days) is not provided, overtime in excess of normal working hours is compensated with the written consent of the employee as overtime work (Article 119 of the Labor Code of the Russian Federation).

Another comment on Art. 101 Labor Code of the Russian Federation

1. The uniqueness of the irregular working day regime is that an employee can, by order of the employer, perform his job duties outside the working hours established for him in accordance with the Labor Code, other federal laws and other regulatory legal acts Russian Federation, collective agreement, agreements, local regulations, employment contract. In Art. 101 of the Labor Code of the Russian Federation emphasizes that such processing is allowed only if necessary and should not be systematic, but episodic.

2. The list of positions of workers with irregular working hours usually includes workers:

a) whose work during the working day cannot be accurately recorded;

b) distributing working time at their own discretion;

c) whose working time, according to the nature of the work, is divided into parts of indefinite duration.

3. In case of irregular working hours, overtime in excess of the standard working time established for the employee is not considered as overtime work, since in this case the very nature of the work implies the possibility of overtime, which, moreover, as a rule, cannot be accurately counted. In this regard, compensation for overtime during irregular working hours is carried out not according to the rules relating to overtime work, but by providing additional leave (see Article 119 of the Labor Code of the Russian Federation and the commentary thereto).

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Article 102 of the Labor Code of the Russian Federation. Flexible working hours ›

Article 101 of the Labor Code of the Russian Federation. Irregular working hours

Article 101 of the Labor Code of the Russian Federation with comments and amendments for 2016-2017.

Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local normative act adopted taking into account the opinion of the representative body of workers.

Commentary on Article 101 of the Labor Code of the Russian Federation:

1. Article 101 of the Labor Code of the Russian Federation establishes the concept of “irregular working hours”. The main features of irregular working hours are:

working outside the established working hours. There are no restrictions on the length of work of persons working part-time (Article 284 of the Labor Code) during overtime (Article 99 of the Labor Code). An employee can be involved in work both before the start of the working day (shift) and after the end of the working day (shift);
attraction to work is caused by a need determined by the interests of the organization and the labor function performed by the employee (for example, the employee belongs to the administrative staff - the head of the workshop);
involvement in work outside the established working hours is sporadic, i.e. cannot be a system.

The procedure for engaging in work outside the normal working hours has been established: an order from the employer is required; the positions of those involved must be included in the list of positions of employees with irregular working hours, which is established by a collective agreement, agreement or local regulation adopted taking into account the opinion of the representative body of employees. Representatives of workers in social partnership are trade unions, therefore, the adoption of a local regulatory act is carried out by the employer in the manner established by Art. 372 TK.

The employee's consent to be involved in such work is not required. At the same time, the employer does not have the right to entrust him with performing work that is not determined by his labor function.

2. According to Art. 119 of the Labor Code, employees with irregular working hours are provided with annual additional paid leave.

3. Rules for providing annual additional paid leave to employees with irregular working hours in organizations financed from funds federal budget, approved Decree of the Government of the Russian Federation of December 11, 2002 N 884 (SZ RF. 2002. N 51. Art. 5081), it is established that the list of positions of workers with irregular working hours includes management, technical and economic personnel and other persons whose work is in the flow of the working day cannot be accurately recorded, persons who distribute working time at their own discretion, as well as persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.

The term “irregular working hours” came into the modern Labor Code from its predecessor 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 various misconceptions. And they can easily result in abuse of rights.

Let's try to figure out what the legislator had in mind.

general information

The main document regulating relations in the field of hired labor is the Labor Code.

It is in it, in Art. 101, a definition of irregular working hours is given. And in Art. 119 provides for compensation - additional leave. The Labor Code also provides for the participation of employees in compiling a list of positions for which this regime is provided (Article 101 of the Labor Code).

The definition is contained in Art. 101 TK.

From it it becomes clear that an irregular day is one of the operating modes.

This is its fundamental difference from similar overtime. Similar because it allows work outside the working day, but occasionally. And only by some employees.

What does “occasional” mean in this case and who are some of these 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 also a normal working day.

Its duration is given in Art. 91 TK.

But there are only two ways to force an employee to work longer: overtime or in a special regime - irregular hours, which is introduced:

only for individual employees, and not for the organization as a whole;
the list is determined in advance, and not invented on the fly;
out of necessity, and not at the request of the authorities;
occasionally rather than on an ongoing basis;
to fulfill your labor function, and not additional work.

Since the work is supposed to be done outside of normal working hours, the employee will have to compensate for this inconvenience.

The employer must determine who exactly will have to work in this mode in agreement with the employees - more precisely, with the elected body (trade union) representing their interests.

The manager is required by law to formalize the use of such a regime as an irregular day.

That is, create and approve by order a list of positions where employment is allowed (having received the opinion of the trade union committee on this matter), familiarize the workers. And also determine whether there is a need for employees to be at work after the end of their working day.

A written order is issued signed by the director (not to be confused with an order on overtime work).

Before concluding a contract, the employer discusses the work schedule with the job seeker.

He is also obliged to take into account the working hours of employees. And compensate for this mode of operation (Article 119 of the Labor Code).

If there is an objective need to introduce an irregular time regime, then all the requirements of Art. 74 TC procedures.

How many hours is this?

Another difference between irregular hours and overtime work is the absence of clear time frames.

With overtime, everything is simple and clear: a maximum of 120 hours per year, no more than four for two days in a row (Article 99 of the Labor Code). Plus the increased cost of processing time.

For non-standardized time, no boundaries have been established. How such concepts as “occasionally” and “as necessary” are not disclosed. It is clear that this means quite rarely and only in exceptional cases.

Such vagueness of wording provides room for abuse by employers. There is no exact number of hours in the law.

Who can install it?

Positions for which irregular working hours may be established must be specified in the local regulations of the organization.

An approximate list of positions and professions to which an employer can offer such a work regime:

administrative, management and business personnel;
workers whose work is not subject to temporary recording;
persons with a free schedule;
workers with a split working day.

Managers

Heads of both departments and organizations are the first candidates for establishing an irregular day. Their special duties require this.

Labor legislation does not insist on the mandatory 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 this regime - additional leave. However, the contract may include other bonuses.

The law does not prohibit this.

Civil servants and municipal employees

The introduction of irregular hours, as well as 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 provide compensation for such a working day.

Directors of government agencies

The first people this act requires to work long hours are management personnel.

This regime is formalized for directors of government agencies in the same way as for heads of private companies - through an employment contract.

Drivers

The need to introduce irregular hours for drivers is determined by the specifics of their work.

The beginning and end of work depend on too many factors to be rigidly fixed. At the same time, a rigid schedule can lead to abuse of rights on the part of employees.

And then the manager will have to pay for huge amounts of overtime.

Other categories of employees

Most often, irregular hours are used to regulate the work of creative and teaching workers.

Their work schedule cannot be rigid due to the specifics of the profession.

This mode is also convenient for remote workers. Most of them arrange their work schedule at their own discretion.

This point must be specified when signing an employment contract.

In what documents of the organization is it stated?

A list of positions (professions) for which the employer considers it necessary to introduce an irregular day may be included in the Internal Labor Regulations. Or it is issued as an appendix to this document.

It looks something like this:

Also, the provision for establishing a special working regime must be included in the employment contract. Or is issued additional agreement later.

Example:

The provision for the introduction of irregular hours may also be included in the collective agreement. Then the list of employees will be an appendix to this document.

And it is formatted like this:

How to set irregular working hours?

Setting up this mode is quite simple.

You just need to follow a number of rules and draw up Required documents. Otherwise, there will be a reason for unfairly imposed penalties, incorrect payment and labor disputes.

General rules

As a general rule, it is mandatory to obtain employee consent to work 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 manager, preferably in writing;
only if necessary;
with 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 PVTR or;
special provision on irregular working hours;
orders approving the introduced provisions;
employment contract or .

Sample documents are given below.

Order (sample):

Regulations on irregular working hours:

Accounting

The law does not provide for additional payment for the time an employee spent at work during an irregular day. The only thing he is entitled to is additional leave.

This makes it easier to track working hours.

How to show it on the timesheet?

The timesheet of an employee with irregular hours does not reflect the time actually worked, but the norm.

For example, accountant Petrova has 8 hours; and for a university teacher - 6 hours. Overtime under this regime is not paid for, so there is no need to reflect it separately.

How to keep a logbook? (sample)

The accounting journal, unlike the time sheet, is not a mandatory document.

The need to conduct it is determined by the organization itself. However, it is this document that allows the manager not only to monitor the execution of his orders. It makes it possible to control the amount of overtime in order to prevent irregular days from turning into daily overtime without pay.

The completed log looks something like this:

Vacations

Irregular working hours do not in any way affect the order and timing.

Like all employees, employees with special regime go on vacation according to a schedule. It is compiled at the end of the year and made available to the general public.

Only preferential categories of employees can count on unscheduled leave: pregnant women, single parents, disabled people and minors. Part-time workers are also in a privileged position.

For them, vacation on the main and extra work matches.

Basic

This rule also applies to employees with irregular hours. They are also entitled to compensation for all expenses.

If part of a business trip falls on a weekend, then either increased pay is made or an additional day of rest is provided, like other employees.

Recycling

The most difficult issue with irregular working hours is overtime. 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?

The law does not clearly indicate hours. Each manager decides this at his own discretion.

The main thing is to fulfill prerequisites: occasionally and only when necessary.

How is it paid?

Employees are always concerned about their pay. An irregular day implies an increase in the amount of work. What about payment?

There are no special conditions for remuneration for workers with irregular hours. Salaries and other payments are calculated on a general basis.

However, the Labor Code does not prohibit providing financial incentives for such workers. A provision regarding this may be included in the Collective Agreement.

Instead of additional leave, the employee may 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 prohibitions on the introduction of irregular days for single mothers in the Labor Code of the Russian Federation. But there are rules that oblige the manager to reduce working hours for a single parent with children under 14.

For this purpose, a written expressed desire is sufficient.

This mode is called part-time and is taken into account and paid accordingly. And it cannot be combined with an irregular day schedule.

Overtime work

Employees with irregular hours may also be required to work overtime. But then an order is issued about this, and then an increased payment is made.

An indispensable condition is obtaining the employee’s consent.

Is it possible to refuse to establish such an operating mode?

When applying for a new position, a condition such as an irregular day is immediately agreed upon. And a signed employment contract automatically means consent.

But it is possible to transfer an already working employee to this regime only in accordance with Art. 72 TK. That is, having received written consent.

The certificate form is written in any form; the details of the employing company must be indicated.

A special case that requires the presentation of a certificate may be a court hearing. Another option - kindergarten to explain the absence of the child or the need to leave him in the evening. They may also require such a certificate at the hostel.

But in any case, the employee himself must receive it. And only then submit it to the place of demand.

If your employer abuses your work...

Irregular working hours are often used by employers to regulate so-called “overtime”, but at the same time it causes a lot of debate.

Employers, as a rule, are confident that irregular working hours are not limited in time. Of course, this is a very common mistake associated with a lack of understanding of the legal standards for work and rest and, at the same time, an unreasonable desire to save on payments from the organization’s payroll fund. That is, the establishment of irregular working hours is a kind of optimization of personnel costs. Of course, this is a convenient position, which is approved by financial controllers, but does not always comply with labor laws.

Meanwhile, last year an attempt was made to limit the number of hours of “overtime” to 120 hours per year, but at the moment the relevant law is still under consideration. Moreover, the State Duma Committee on Federal Structure and Issues local government recommended that the lower house of parliament reject this bill.

Let's try to figure out how fair the interpretation of the law on irregular working hours is in favor of the employer in relation to commercial organizations, in which there is most often a temptation to abuse rights on the part of the employer.

HOW LONG IS AN IRREGULAR WORKING DAY?

As we know, the law defines work and rest standards, based on which the work schedule is established for employees. Working conditions during irregular working hours are still an assessment category for the employer. And he often understands an irregular day as having a beginning but no end. Of course, this approach to interpreting the law is beneficial to the employer, but, as a rule, it is disadvantageous to the employee. Does this mean that the truth is on the employer’s side?

In our country, the standard working time is 40 hours per week (Article 91 of the Labor Code of the Russian Federation), that is, with a five-day working week, one day accounts for 8 hours of working time. However, there are cases when this norm can be exceeded without violating the law. Such cases, as we know, include overtime and irregular working hours.

There is a clear limit in the law for overtime work - no more than 120 hours per year. Moreover, it is prohibited to engage an employee in overtime work lasting more than 4 hours for two days in a row. This is due to the fact that during overtime, the balance between work and rest is disrupted, which ultimately leads to ineffective work and unsatisfactory performance results.

Unlike overtime work, there are no such restrictions in relation to irregular working hours, that is, neither the restrictions established by law for engaging in overtime work, nor the guarantees and compensation associated with such work, apply to the work of employees with irregular working hours.

Let's try to figure out why the legislator still allocates irregular working hours as a separate category of excess work, as a kind of special working time regime. According to Art. 97 of the Labor Code of the Russian Federation, work in irregular working hours is work outside the established working hours. That is, we are talking about extra-standard, additional work that goes beyond the working day. The legislator in Art. 101 of the Labor Code of the Russian Federation made a reservation about the occasional involvement in such work, but this did not solve the problem of unfair use of labor. There are currently no criteria or signs of episodicity in regulatory legal acts. And the compensation that an employee receives in return for his excess labor costs is sometimes clearly lower than these labor costs.

We especially note that the introduction of irregular working hours for workers does not mean that they are not subject to the rules determining the start and end times of work, the procedure for recording working hours, etc. 2 These workers are generally exempt from work on weekly rest days and holidays. Therefore, to involve workers who have irregular working hours to work on their days off and non-working days holidays is possible only by applying the provisions of Art. 113 and 153 of the Labor Code of the Russian Federation.

WHO CAN HAVE LONG WORKING DAYS?

The list of positions of employees with irregular working hours is not defined by regulatory legal acts, therefore, as a rule, it is established in the local regulatory act of the employer, for example, internal labor regulations or regulations on recording working hours.

The exception is the establishment of irregular working hours for drivers. So, according to Part 2 of Art. 329 of the Labor Code of the Russian Federation, features of the regime of working time and rest time, working conditions of certain categories of workers, whose work is directly related to movement Vehicle, are established by the Ministry of Transport of Russia.

In accordance with the Regulations on the Peculiarities of Working Hours and Rest Time for Car Drivers, an irregular working day may be established:

Drivers of passenger cars (except taxis);

Drivers of expedition vehicles and survey parties engaged in geological exploration, topographic-geodetic and survey work in the field.

The number and duration of work shifts according to work schedules (shifts) for drivers with irregular working hours are established based on the normal length of the working week, and weekly rest days are provided on a general basis.

It should be noted that the irregular working hours regime has interesting features:

It can be set for a specific position, not for structural unit generally;

Involvement in work beyond the standard time must be determined by production necessity;

The types of work performed overtime should not differ from normal work performed within the framework of an employment contract, job description or work instruction.

HOW TO ESTABLISH AN INVENTIONAL WORKING DAY?

The provision for working on irregular working hours must be fixed in the employment contract with the employee. Here is an example formulation:

2.1. The employee is assigned an irregular working day.
2.2. The annual additional paid leave for an employee’s irregular working day is six calendar days.

The local regulatory act that establishes the list of positions with irregular working hours is, as a rule, internal labor regulations (see example).

In order for an employee who has an irregular working day to be involved in extra work, a written or verbal order from the employer or his own understanding of the need for this is sufficient. By the way, in order to attract an employee to work overtime, the employer must meet a number of conditions, including obtaining the employee’s consent.

It must be remembered that the employer has the right to involve employees with irregular working hours to work outside normal working hours only to perform work stipulated by the employment contract, and cannot assign other work. That is, if an employee works as a clerk, he cannot be involved in performing the work of a driver or secretary (for this you will already need to conclude an employment contract for part-time work).

Important nuances

1. An employee who has an irregular working day cannot refuse to work outside the working day (shift), if necessary. The employer may regard such a refusal as a failure to fulfill labor duties and subject the employee to disciplinary action.

2. Irregular working hours are episodic involvement in excess work. That is, in order to maintain a balance between working time and rest time, you can work beyond the norm from time to time, and not every day.

3. Performing work in excess of the standard does not mean that it is possible to perform any work not specified in job description. The employee no longer has any more responsibilities; only the time spent on work increases.

4. An undoubted advantage for an employee working irregular working hours is the establishment of additional paid leave of at least three days. This leave can be added to the annual main paid leave or replaced with monetary compensation (at the request of the employee).

5. If you need to set irregular working hours for a specific employee, you must follow the procedure documentation such a regime.

6. The established regime of irregular working hours makes it possible to keep an employee at work without registering overtime work and, accordingly, paying it at increased rates.

7. The employer does not need to keep records of overtime and monitor their limits.

8. Irregular working hours do not apply to work on weekends and holidays, only to working days for a specific employee.

9. If an employer abuses the right to engage in work during irregular working hours, the employee may file a complaint with labor inspection or to court (Articles 352, 356, 391 of the Labor Code of the Russian Federation). As a result, systematic overtime may be recognized as overtime work and the employer may be required to pay appropriate compensation. In addition, for violating the rules labor law the employer faces administrative responsibility according to Art. 5.27 of the Code of the Russian Federation on Administrative Offences.

HOW TO REST DURING INCREDIBLE WORKING DAYS?

As we have already noted, overtime under irregular working hours is compensated by the provision of additional days for vacation. The duration of this leave cannot be less than three calendar days, unless a longer duration is established in the local regulations of the organization (Articles 116, 119 of the Labor Code of the Russian Federation; clause 3 of the Rules for providing annual additional paid leave to employees with irregular working hours in federal government institutions).

Counting Rules length of service required to receive additional paid leave for irregular working hours, in labor legislation not installed. Traditionally, such length of service is determined by analogy with the length of service for basic paid leave, that is, it includes:

Time of actual work;

The time when the employee did not actually work, but in accordance with regulatory legal acts, collective agreements, agreements, local regulations, and an employment contract, he retained his place of work (position);

Time of unpaid leave provided at the request of the employee wages not exceeding 14 calendar days during the working year.

Accordingly, the following is not included in this experience:

The time an employee is absent from work without good reason, including due to his removal from work in cases provided for in Art. 76 Labor Code of the Russian Federation;

Time of parental leave until the child reaches the legal age.

An important point is the possibility of replacing additional leave for irregular working hours with monetary compensation at the request of the employee with restrictions applied to certain categories of employees (Article 126 of the Labor Code of the Russian Federation).

Additional paid leave for irregular working hours or monetary compensation is provided either on the basis of the vacation schedule or upon the written application of the employee. The application is drawn up in any form (unless, of course, its form is approved by the local regulatory act of the organization) and submitted to personnel service in the manner established by the organization.

The text of the application for additional leave may be as follows:

Please provide me with additional annual paid leave for irregular working hours from August 1, 2018 for three calendar days.

If an employee decides to receive monetary compensation instead of additional leave, he can draw up a statement with the following content:

I ask you to replace with monetary compensation 6 calendar days of annual additional paid leave for irregular working hours.

In conclusion, I would like to say that in terms of establishing an irregular working day, a rather free approach to the interpretation of the law has developed. The situation can only be changed by changing the law. Bill 1, mentioned at the beginning of the article, is an attempt to solve the problem of non-standard use of workers’ labor without any accounting and, accordingly, payment. But he only proposes to limit the time by setting a limit on overtime during the year.

The author of this article believes it is advisable to provide categories of employees for whom irregular working hours can be introduced, and considers it reasonable to establish a clear concept of irregular working hours, defining the features that distinguish them from overtime work, since, as we know, employers usually interpret all doubts in their favor.

In addition, according to the author, it would be useful to establish a balance between the labor costs of an employee working in conditions of irregular working hours and the benefits provided to him additional leave, establishing a proportional ratio of overtime worked and compensation for it.

To do this, of course, it is necessary to take into account the employee’s work in the prescribed manner and document this - with an order and a mark on the working time sheet.

Bill No. 134447-7 “On amendments to Articles 101 and 119 of the Labor Code of the Russian Federation in terms of limiting the use of irregular working hours.”