Irregular working day in the morning. The nuances of the Labor Code: what is an irregular working day? How to write an irregular working day in an employment contract - a sample

To begin with, every organization must have internal labor regulations. The rules should establish the length of the working day in the organization: its beginning, end, breaks, etc. In addition, the rules may provide for the possibility of involving employees to work in excess of the established working hours.

Please note that although overtime and irregular working hours involve working outside normal working hours, they are two different concepts in labor law.

Overtime work- this is work on the initiative of the administration "outside the established working hours" (Article 99 of the Labor Code of the Russian Federation). Overtime work is allowed only with the consent of the employee and in strictly defined cases: when it is necessary to prevent a production accident, to continue working if the shift does not appear, if manufacturing process it is impossible to stop, finish the started work, if inaction can cause damage to equipment or products. At the same time, such work should not exceed four hours for each employee for two consecutive days and 120 hours per year.

Unlike overtime irregular working hours is a special mode that can be set permanently. It is established for employees whose work cannot be accurately accounted for (for example, managers), persons who distribute work time at their own discretion (lawyers, journalists), as well as employees whose working hours are divided into parts of indefinite duration (drivers).

Special mode of operation

A special mode of operation implies a difference from the normal, established in the organization, the procedure for the distribution of work functions during the working day. For example, the management of seasonal trade organizations during periods of the greatest influx of buyers often increases the working hours of managers trading floors and cashiers who work on irregular schedules. This may mean that the store will temporarily open earlier or close later, and employees, respectively, are required to start work earlier than the start of the working day or stay at their workplaces after it ends.

It should be borne in mind that work in irregular mode should by no means be permanent. According to article 101 of the Labor Code, employees can be involved in such work only from time to time, if necessary.
This can be illustrated by the example of the work of publishing business organizations. The specifics of publishing activities provide for an irregular schedule for some employees during periods of preparation for publication periodicals. A few days before the delivery of the next issue of a newspaper or magazine, editorial staff may be late at work after the end of the working day. This situation is well within the scope of the law.

Here it is important to ensure that working beyond the normal working hours does not become permanent, as this would violate the law. Therefore, it is recommended to plan the work of employees of those publications that are published daily or weekly more carefully - distribute tasks several numbers ahead, assign several responsible persons for one job site, etc.

Employees with irregular working hours

The organization must necessarily have a list of positions, work in which implies the possibility of establishing an irregular working day. This list must be included either in the collective agreement or in the internal labor regulations (Article 101 of the Labor Code of the Russian Federation).

Let's look at some categories of employees for whom it is advisable to provide for the possibility of working on an irregular schedule.

Accountants. The expediency of an irregular working day for an accountant is obvious: payroll, balance sheet preparation, reporting, etc. are timed to clearly defined deadlines, compliance with which may require additional time costs.

teachers educational institutions. The work of teachers involves periodic summing up: grading at the end of the academic quarters and school year, preparation of statements of students. In addition, teachers conduct extracurricular activities. In this regard, it may be necessary to occasionally involve these employees in work after hours.

Lawyers. The specifics of the work of a lawyer is that his services may be required suddenly. For example, an organization received a claim from former employee and you need to properly prepare for the court session, collect all the necessary materials. A lawyer may need to work in irregular mode for some period.

Middle and senior managers. Managers, as a rule, organize their work on their own and decide on their own whether to work in an irregular mode. The reasons can be very different: the need to view and sign a large number of documents, resolve emergency situations, draw up reports, work planning, etc.

Some categories of drivers. Drivers of passenger cars (except taxis), as well as drivers of vehicles of expeditions and survey parties engaged in geological exploration, topographic and geodetic and survey work in the field, may be assigned an irregular working day in accordance with the order of the Ministry of Transport of Russia No. 15 *.

Employer's order

Employees can be involved in irregular work only on the written order of the employer, which is issued every time it is necessary to increase the working day (it is drawn up in free form). At the same time, the consent of the employee does not need to be obtained, because he already agreed to work in this mode when he signed the employment contract.

The only exceptions to this rule are employees who organize their own working day. They can independently decide the issue of working outside the normal working hours, if this is provided for by job descriptions or local regulations. In this case, the order is not issued, since the initiative to work after hours comes from the employee himself.

Additional leave

For an irregular work schedule, employees are entitled to compensation in the form of additional days of rest, the number of which is determined collective agreement or internal labor regulations. Extra days vacation cannot be less than three (Article 119 of the Labor Code of the Russian Federation). If such leave is not granted, overtime work overtime is compensated for overtime. The only condition is that it is necessary to obtain the written consent of the employee to receive monetary compensation instead of vacation. If employees in your organization often demand monetary compensation instead of vacation, it is advisable to develop a special application form.

Recall that, in accordance with Article 152 of the Labor Code, overtime work is paid for the first two hours at least one and a half times, and for the following hours - at least twice the amount. Specific payment amounts (not less than statutory) may be determined by a collective or labor agreement.

Gayane Mirzoyan, Senior Legal Counsel, Legal Bureau "On Sretenka" LLC

Urakova E.V., candidate of legal sciences, associate professor, head. Department of Labor and Business Law of the Tyumen State Academy of World Economy, Management and Law.

Any labor labor activity characterized by quantitative and qualitative indicators. Labor occurs in time during which the worker performs a certain amount of work assigned to him in accordance with his labor function. On this basis, in labor law there is such a category as labor rationing (Chapter 22 of the Labor Code of the Russian Federation). Although this category is not exclusively legal, it is based on economic indicators and categories, the labor legislation contains a number of legal guarantees: state assistance to the systemic organization of labor rationing; the use of rationing systems determined by the employer, taking into account the opinion of the representative body of employees or established by a collective agreement (Article 159 of the Labor Code of the Russian Federation); notification of employees about the introduction of new labor standards no later than two months in advance (Article 162 of the Labor Code of the Russian Federation); establishing an obligation for the employer to ensure normal conditions for the employees to fulfill the production standards (Article 163 of the Labor Code of the Russian Federation); local regulation of the procedure for introducing, replacing, revising labor standards, allowed taking into account the opinion of the representative body of workers (Article 162 of the Labor Code of the Russian Federation).

The labor function is performed by the employee in the conditions of the working hours determined by the employer, which is carried out by the internal labor regulations. Important guarantees are not only the approval of the internal labor regulations by the employer, taking into account the opinion of the representative body of employees (Article 190 of the Labor Code of the Russian Federation), but also the establishment of normal working hours in the Labor Code of the Russian Federation of no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). The last provision is especially important in the conditions of market relations, when it is tempting for the employer to constantly involve workers in processing (preferably without observing guarantees and compensations). But in the conditions of the global financial crisis, it is even more attractive to establish part-time work for employees, when its duration is simply symbolic (besides, labor legislation Russian Federation there is no minimum part-time work period), and then wage also becomes relevant.

Normal (aka maximum) hours of work is the greatest national asset. This duration is established by ILO Convention No. 47 of 1935. Unfortunately, not all states have ratified this document, therefore, a much longer working week is established at the level of their national legislation. The Labor Code of the Russian Federation not only established the normal (maximum) duration working week, but also the maximum duration of daily work (shift) (Article 94 of the Labor Code of the Russian Federation). However, this is not defined for all categories, but only for those who traditionally need increased social protection: for minors; disabled people; workers employed in work with harmful and (or) hazardous conditions labor. For some other categories, the maximum length of the working day (shift) is established by by-laws. for instance, for those working on a rotational basis, the duration of daily work should not exceed 12 hours (1). Unfortunately, Russian labor legislation does not contain a limit on the length of the working day (shift) for employees who work under normal (normal) conditions, which in practice often leads to the establishment of a very long working day (shift) (for example, 24 hours, 16 hours etc. for security guards, watchmen, mechanics on duty, etc.). The only guarantee in this case is the norm on the introduction of summarized accounting of working hours (Article 104 of the Labor Code of the Russian Federation). But this article provides for the introduction of such accounting when, under the conditions of production (work) or when performing certain types work, the daily or weekly working hours established for this category of workers cannot be observed. At the same time, the working conditions are such for objective reasons, and not because it is more convenient for the employer to employ employees for a long working day so as not to bother looking for a replacement. We believe that, first of all, from the point of view of labor protection, it is necessary to introduce restrictions on the length of the working day or shift for workers working under normal conditions (for example, no more than 12 hours).

An analysis of the norms of labor legislation allows us to classify the working day into normalized and non-standardized. Although the term "normal working day" is absent in the legislation, the concept of "non-standardized working day" has been introduced.

Article 101 of the Labor Code of the Russian Federation provides for the introduction of irregular working hours for some workers. This is one of the cases of processing in excess of the established duration (Article 97 of the Labor Code of the Russian Federation). In Art. 97 of the Labor Code of the Russian Federation, one more case is indicated - overtime work. However, an employee can work overtime in excess of his working hours, also being involved in work on weekends and non-working days. holidays, as well as by concluding an employment contract on part-time employment.

The case of processing in excess of the established length of working time provided for by the Labor Code of the Russian Federation - overtime work - refers to a greater extent to a normalized working day (shift), although it is theoretically possible with an irregular working day. All overtime hours in excess of the established duration are compensated according to general rule increased payment (Article 152 of the Labor Code of the Russian Federation). Engaging employees to work on weekends and non-working holidays (Article 113 of the Labor Code of the Russian Federation) can take place both with a normalized and irregular working day. Therefore, the compensation is the same (Article 153 of the Labor Code of the Russian Federation). Attempts by some employers to attract workers with irregular working hours without compensation established by Art. 153 of the Labor Code of the Russian Federation, to work on weekends and non-working holidays are suppressed Federal Service on labor and employment in a letter dated June 7, 2008 N 1316-6-1 (2).

What is typical for an irregular working day? 1. The employer has a List of positions of employees (it can be established by a collective agreement, agreements, local regulations). 2. Overtime is driven by the need for the employer. 3. At the same time, the employee performs duties within the framework of his labor function. 4. An order from the employer is required. 5. The involvement of workers in processing should be episodic.

If we confine ourselves to a literal interpretation of the norm of Art. 101 of the Labor Code of the Russian Federation, the following conclusions can be drawn.

1. The local list can contain only specialists (workers should not be there categorically). On this conclusion, it should be assessed as an illegal norm contained in the Regulation on working hours and rest time for car drivers (3), which provides for the establishment of irregular working hours for car drivers, since in case of contradictions between various regulations, the Labor Code of the Russian Federation should be applied (Article 5 TC RF). Driving a car is not a job.
2. The form of the employer's order can be any (written or oral). However, if we compare this provision with other cases of processing (overtime work, work on weekends and non-working holidays), then an order (instruction) of the employer is required in writing. In addition, in order to avoid misunderstandings, and even more so disputes, the order must be in writing, which must be expressly provided for in Art. 101 of the Labor Code of the Russian Federation.
3. The Labor Code of the Russian Federation does not establish guarantees for certain categories of workers in the event of overtime during irregular working hours, as is established for overtime work, as well as on weekends and non-working holidays (Articles 99, 113 of the Labor Code of the Russian Federation). Thus, a pregnant woman underage worker it is quite possible to involve in processing if the positions they occupy are included in the list of positions of workers with irregular working hours. Then this state of affairs becomes absolutely absurd. We should agree with the opinion of V.I. Mironov, who believes that in relation to a number of categories of workers in such cases, prohibitions regarding their processing must be observed (4).
4. The episodic nature of processing - although an assessment category, is quite comparable with the compensation established by Art. 119 of the Labor Code of the Russian Federation, with an irregular working day. At the same time, the guarantee is (especially after the amendments made to this article by the Federal Law of June 30, 2006 N 90) the minimum duration of additional annual paid leave is 3 calendar days. Prior to Federal Law No. 90, guarantees were more substantial (if additional leave is not provided, then all overtime hours must be paid as overtime work at an increased rate in accordance with Article 152 of the Labor Code of the Russian Federation). The established compensation in the form of 3 calendar days is not absolutely adequate even when processing 1 - 2 times a month for an insignificant duration.

If the issue of compensation is based on one of the most important general legal principles - fairness, then it is not difficult to come to a simple conclusion based on elementary arithmetic: pay all hours of processing as overtime work or provide other days of rest, as established in Art. 152 of the Labor Code of the Russian Federation for overtime work. And three calendar days additional leave generally become unacceptable, redundant. A similar position was expressed by Professor V.I. Mironov (5).

1. The employee's consent is not required (6). Although in the text of the article it is generally impossible to find a provision on whether the consent of the employee for processing is required or not required. In practice, this means that the employee must be prepared every working day for the fact that the employer can involve him in processing. The employee is deprived of the opportunity to plan and use, as he wishes, his free time. It turns out that his free time will depend entirely on the employer. But it is necessary to clarify a number of circumstances, namely: the employer is obliged to fulfill his obligation to familiarize the employee with local acts that establish an irregular working day and a list of employees' positions, against signature (Articles 22, 68 of the Labor Code of the Russian Federation). The establishment of an irregular working day regime for an employee should be reflected in employment contract, which refers to mandatory conditions(Article 57 of the Labor Code of the Russian Federation). We recommend that overtime hours and adequate compensation for overtime should also be reflected there.
2. Not in the Labor Code of the Russian Federation maximum amount overtime during irregular working hours (although, in principle, this is also absent when working on weekends and non-working holidays). Analogies with overtime work, of course, are possible (7), but, I think, they will not be entirely correct, there are too many differences between these cases of processing.
3. All employees, including those who have an irregular working day, are required to comply with the work schedule established by the employer (the start of work, breaks, etc.) and labor standards, since labor legislation does not provide for exceptions.

If we turn to practice, we can find, firstly, sometimes excessively lengthened local lists of workers with irregular working hours; secondly, employees recycle systematically without any order from the employer (most often due to the impossibility, due to the lack of scientifically based labor rationing, to perform their work within the working day or shift). Thirdly, the absence, when taking into account working time, hours of processing during an irregular working day. In the time sheet, processing hours simply do not show. All this ultimately leads either to the refusal of the employer to provide additional annual leave of the duration established in local regulations, the collective agreement, or to the provision of leave of only the minimum duration, as established by Art. 119 of the Labor Code of the Russian Federation.

Experts note the growth of cardiovascular diseases in young people with systematic processing. It is rightly noted that the idea that a person who devotes a lot of time to work gives an effective result is a complete illusion. Just the opposite is true (8).

The establishment of an irregular working day, therefore, does not mean that the employee does not (may not) have labor standards. Labor rationing is the competence of the employer, his duty to do this (we started with this). The employee is obliged to comply with the established labor standards (Article 21 of the Labor Code of the Russian Federation). This general obligation for all workers. The irregular working day involves only episodic processing. In this regard, the very term "irregular working day" is simply incorrect.

Thus, the only conclusion suggests itself: to exclude from the Labor Code of the Russian Federation and other normative acts the very concept of an irregular working day and, as a result, Art. 119 of the Labor Code of the Russian Federation. Workers' guarantees will only increase. And any processing will fit into either overtime work or work on weekends and non-working holidays.

Literature

1. Fundamentals of shift method organization of work. Approved Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR of December 31, 1987 N 794 / 33-82 // Bulletin of the State Committee for Labor of the USSR. 1988. No. 5.
2. www.clerk.ru
3. Approved Order of the Ministry of Transport of Russia of August 20, 2004 N 15 // BNA. 2004. No. 45.
4. Mironov V.I. labor law Russia. M .: LLC "Journal" Personnel Management ", 2005. P. 501.
5. Mironov V.I. Decree. op. S. 502.

ConsultantPlus: note.

Since the criteria for the episodic involvement in labor within the framework of irregular day and the maximum number of hours of processing, in practice, disputes very often arise between the employee and the employer. Let's try to figure it out.

Another feature of this mode of work is the ability of the employer to attract an employee both before the start and after the end of the shift without obtaining his consent to work in excess of the norm (Rostrud Letter dated 07.06.2008 No. 1316-6-1). This position is also confirmed by the recently issued Letter of the Ministry of Labor dated October 29, 2018 No. 14-2 / ​​OOG-8616. In the letter, officials remind that the introduction of irregular working hours should not change the established working hours, and processing should not lead to the transformation of an irregular working day into an extended one.

If the employee’s employment contract does not contain a condition on the irregularity of his working hours, but he is occasionally involved in work outside his working norm, such an employee may also qualify for additional days off. However, he can also choose to be compensated in cash. In this case, you need to follow new edition Art. 119 TK- the rule is excluded from it that if the employer does not provide additional leave for the use of an employee in irregular hours, processing in excess of the norm of working hours from written consent employee is compensated as . Thus, the legislator does not recognize overtime work at an irregular day, which must be compensated by additional pay and has hour limits.

At the same time, for employees whose working day is irregular, they apply in terms of the beginning and end of the working day, providing them with weekly days off and rest on holidays. And this means that to attract an employee to additional work on weekends and holidays is possible only in compliance with the rules Art. 113 and Art. 153 of the Labor Code of the Russian Federation. This is also recalled in the Letter of the Ministry of Labor No. 14-2 / ​​OOG-8616.

Night work is also a deviation from the norm, therefore, it must be properly documented and paid at an increased rate established by local acts or ( Art. 154 Labor Code of the Russian Federation).

Who sets an irregular day

The legislation does not restrict the employer in the choice of positions for which irregular working hours can be established. However, the definition of such a list must be approached taking into account the nature of the work and not include all the positions available in the enterprise. This may raise questions from auditors.

The list of positions can be drawn up in the form of a separate local regulatory act or included in a collective agreement, internal labor regulations. It must also be agreed with the representative body of employees (if any).

Sample order for approval of the list of positions

Documentation of conditions

When hiring an employee, it is necessary to familiarize yourself with the collective agreement, internal labor regulations and other local regulations in force in the organization and relating to his labor function. After that, an employment contract is concluded with the employee, in which a condition is made to work in irregular working hours. By signing it, the employee agrees with the nature of the work involving processing.

Sample employment contract

Also, this condition must be indicated in the order for employment.

sample order

It should be noted that if an employment contract is concluded with an employee for a position that is not in the approved list of professions with irregular working hours, then this condition is illegal. Consequently, the employee has the right to refuse to work beyond the length of the working day and, on this basis, he cannot be held disciplinary liable.

If an employee is transferred to a position for which an irregular day is set, then the employer should:

• to acquaint him with local regulations containing a list of positions with irregular working hours;
• to conclude supplementary agreement to the employment contract on the inclusion of the condition of an irregular day and compensation for this nature of work;
• issue an appropriate order (in free form).

If the employee excludes the condition of an irregular day, then the employer must conclude an additional agreement with him, which will contain a different mode of work, and issue an appropriate order.

Registration of attraction to work above the norm

The procedure for attracting workers to work in excess of the norm during irregular working hours is not regulated. In practice, often the involvement is carried out on the basis of a verbal order from the boss or at the initiative of the employee himself, who did not have time to complete the task. It seems that in order to guarantee the rights of workers, it is advisable for them to require a written order from the employer to involve them in work in excess of the norm, otherwise it will be difficult to prove the existence of such an expression of the will of the employer.

Job Accounting

Accounting for the working time of an employee with an irregular day is carried out without taking into account the time worked in excess of the norm. This is due to the fact that he does not receive monetary compensation, as in the case of overtime work, but is provided with additional annual leave. But since article 91 of the Labor Code of the Russian Federation it is determined that the employer is obliged to keep, actually worked out by each employee, the employer can keep such records in a separate independently developed document, for example, a log book or a separate time sheet. This can come in handy if an emergency occurs while performing work outside of business hours.

Part-time work and part-time work

According to article 101 of the Labor Code of the Russian Federation, an employee working on conditions can be set an irregular day if he has a part-time working week, but with a full working day (shift).

If an employee has a part-time job, then it is also impossible to establish an irregular working day for him. In this case, one of the modes of labor completely loses its meaning.

Also, the law does not prohibit the establishment of an irregular day. But there are some peculiarities here:

• if the duration is set for the part-time worker labor day no more than 4 hours, then such a working day is considered incomplete. Therefore, it is impossible to establish an irregular working day;
• if a part-time worker at the main place of work is free from work duties on some days, then he can work a full shift with a part-time work week. In this case, it will be possible for him to establish an irregular working day (according to Art. 101 Labor Code of the Russian Federation) and, accordingly, compensation in the form of annual paid leave of at least three calendar days.

The irregular working day is considered in the legislation as an alternative to the 8-hour working day. Management is free to decide whether it is enough for employees to be on site for the usual number of hours to complete all work, or they need additional time for certain tasks. If the need for this nevertheless arises, an irregular day is introduced for specific employees locally.

How the irregular working day is interpreted in the Labor Code of the Russian Federation

In the Labor Code of the Russian Federation, which is designed to regulate relations between management and subordinates, a lot of attention is paid to the establishment of norms of time spent at work that are not harmful to health, as well as norms of time that the body will have enough to recuperate, including an irregular working day.

What period the employee must stay within the company, performing his labor functions, is specified in the "Working hours" section. Within the framework of this concept, as well as the concept of "non-standard working day", it is fixed how many hours an employee must perform his duties throughout the day (in some cases, the term "shift" is used instead of a working day). There are also time limits for the workweek and year. Separately, there is the concept of "rest time". With its help, the duration of daily rest, weekends and holidays is regulated.

Standard working time is perceived as a 5-day week with an 8-hour working day. It is this rule that operates in the vast majority of enterprises and organizations, both public and private. But there is another mode of operation - an irregular working day (Article 101 of the Labor Code of the Russian Federation).

Irregular working hours are not introduced for the entire enterprise, but only for some individuals who simply need to work above the plan. It turns out that the whole company has, for example, a standard 5-day work day with a start at 9 am, and individuals work irregular working hours. Their duties include showing up for work at, say, 6 a.m. or leaving the office after 10 p.m.

For many, irregular working hours are tightly intertwined with the concepts of "overtime" and "processing". But at the legislative level they are separated. Irregular working hours are separate mode work, which allows the employer to employ specific workers outside of their standard schedule.

How many hours per week and year is it permissible to work in 2019

In Russia, a working week of 40 hours is considered the norm (Article 91 of the Labor Code of the Russian Federation). If we are talking about a 5-day workday, and this is how they work in the vast majority of enterprises, then the employee has to work 8 hours a day. But the employer has the right to increase these norms.

This increase is of 2 types:

Don't know your rights?

• attraction to overtime;
• stretching the schedule as part of an irregular working day.

The law introduced a restrictive framework for overtime work: it is impossible for such processing to exceed 120 hours per year. At the same time, it is forbidden to involve an employee in overtime work lasting more than 4 hours 2 consecutive days.

But in relation to the irregular working day, there are no clear time limits in the law. There are only requirements that are not expressed in a specific hourly equivalent. The regime of an irregular working day should be episodic, that is, there can be no talk of any system. In addition, the employer needs to really need the employee to perform his direct duties during irregular working hours.

Irregular working hours - what does it mean for an employee

An employee who has agreed to an irregular working day needs to know the following:

• The employer will not each time ask the consent of the employee to work an irregular working day. Such consent is obtained once and is most often reflected in the employment contract.
• Refusal to work an irregular working day can be equated to a refusal to fulfill one's labor duties. Although the courts have not yet developed a unified practice of resolving labor conflicts on this issue. At the same time, you need to understand that every day such a schedule is unacceptable. Irregular working hours are an episodic occurrence in daily activities.
• Even though this mode of working time is called an irregular working day, this does not mean that there should be no restrictions on its duration. The local act and the employment contract should describe the time frame of the working day and week. Irregularity lies in the difference between the schedule and the generally accepted in the company.
• A person who is called to work an irregular working day must understand that this is not possible on a permanent basis. The employee is obliged to come and go with the rest of the employees, and only if such a need arises to work overtime.
• Irregular working hours cannot serve as a reason for execution additional responsibilities, not registered in job description. Increased work time, not the list of duties.

An irregular working day gives the employee a bonus of at least 3 vacation days that are paid by the company. These days can be attached to annual leave. Also, instead of vacation, you can receive monetary compensation. The same rules apply here as for annual paid leave. It’s just that there may not be additional payments for irregular working hours if the authorities do not order this.

What does irregular working hours mean for an employer?

A boss who has a need to establish an irregular working day for his employees must first arrange everything. To begin with, it is necessary to reflect the very possibility of attracting persons to work within the framework of an irregular working day in an agreement between the team. It also needs to specify a list of positions for which an irregular working day is required.

Then you need to conclude with each employee who holds a position from this list, an agreement on the introduction of irregular working hours, and in writing. Oral agreements do not apply in this case. The easiest way is to initially prescribe this in an employment contract, and if it has already been agreed, you will have to correct it by introducing a clause on irregular working hours.

The employer must understand that he does not have the right to force an employee to work an irregular working day every day or even every other day, since this mode is strictly episodic. At the same time, during the time worked out by an employee in excess of the norm, one cannot force him to take on additional functions. Non-normative working hours are used only for the performance of the direct duties of the employee.

The list of positions of employees with irregular working hours

The circle of persons who can work irregular working hours is established almost arbitrarily at the local level. There is no single list of positions with irregular working hours in the legislation. You can find only a few recommendations on this issue.

So, in the Decree of the Government of the Russian Federation “On approval of the rules for granting annual additional leave to employees with irregular working hours” dated 11.12.2002 No. 884, it is proposed to include the following positions in the list:

• Leading link. For example, a CEO can easily work irregular hours.
• Maintenance personnel. The same adjuster can come to work in advance during irregular working hours to check the equipment.
• Housekeeping staff. The departure of the caretaker to work off an irregular working day can simplify the work of all staff.
• Employees whose time spent at work is not accountable. The realtor can organize property showings during irregular working hours.
• Employees who have an obligation to work a certain amount of time, but the period when this must be done is not specified. These may include persons creative professions for whom an irregular working day is quite the norm.

So employers can see some freedom in choosing positions with irregular working hours. In private structures, irregular working hours are established almost entirely at the request of the authorities. The main thing is that the list of positions should be fixed in writing.

The rules for regulating such a regime as an irregular working day are not clearly expressed in labor legislation. The very norms that regulate irregular working hours as a mode of work are scattered throughout the Labor Code of the Russian Federation, and not collected in a separate subsection. In this regard, when establishing and applying irregular working hours, special care must be taken to prevent violations of the law and not to confuse irregular working hours with overtime and overtime work.

Irregular work during the day is an alternative to an eight-hour working day. The management of the enterprise can make an independent decision whether the employees have enough standard time to complete the plan, or if they need additional working hours.

If such a need exists, then certain workers are provided irregular working hours.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

What does it mean?

An irregular working day is considered a special mode of work, during which the manager can give instructions on the performance by certain employees of the assigned tasks during non-working hours (Article 101 of the Labor Code of the Russian Federation).

According to the legislation (previously under the Labor Code, now the Labor Code of the Russian Federation), this rule registered in . A job candidate agrees with him when he puts his signature on certain documents. For this reason, the manager may not ask the candidate's express consent.

Download a sample employment contract with an irregular working day for free.

The employee may assume that he will need to work additional hours only in case of serious need.

According to the law, intended to regulate relations with employees, enough attention is devoted to the establishment of temporary standards for presence at the workplace, and a period of rest to restore the body's strength.

V "Working hours" hours are specified when the employee is obliged stay on the territory of the organization, performing their job responsibilities. This section indicates the time that an employee devotes to his duties during the day.

In addition, there are time limits for working months and a year. Rest time is a specific concept that controls the duration of each day's rest and holidays.

The enterprises usually have the usual five-day week, and they start work at nine in the morning. Individual workers at the same time, they can start their work, for example, at seven in the morning, or leave their workplace at eleven in the evening.

How to draw up an employment contract with an irregular working day, read our article.

Duration

forty hours is the norm for a normal working week (Article 91 of the Labor Code of the Russian Federation). If we consider the five-day period, then the employee needs to spend every day for eight hours at work. In this circumstance, the director may increase these norms:

Norms can be increased in two ways:

1. overtime work;
2. increase in working hours.

According to the legislation, there are limits on overtime: this processing cannot be more than one hundred and twenty hours a year. This means that it is unacceptable to ask an employee to work more than four hours on two consecutive days without a day off.

As for the unlimited working day, the law does not provide for a specific time frame. An irregular day is sometimes possible, but it is forbidden to draw up permanent schedules according to such a scheme. In addition, the manager should require such an employee for good reasons.

An employee who is assigned to work for a non-fixed time must be aware of certain circumstances:

• The manager has the right not to be constantly interested: does the employee agree with such. He receives the consent of the employee at the time of signing the employment contract.
• If an employee does not want to work an irregular day, then this can be regarded as non-fulfillment of work duties.

But, it must be borne in mind that at the moment there is no single regulation for settling such disputes in litigation.

In any case, one should adhere to the rule that such daily work cannot be done.

Although this schedule bears the name of an irregular day, it must have some limits in duration. It is considered abnormal due to its difference from the usual regime in the organization.

A citizen working an irregular day must be aware of that this is not a permanent schedule. On other days, the employee has the right to start and end the working day at the same time as colleagues.

In addition, irregularity is not the reason for the performance of the work that is not included in the duties of the employee.

There are more working hours, but this does not mean an increase in duties.

The worker has the right, due to work on such days, to an unscheduled weekend, lasting three days, at the expense of the organization. Given time rest can be combined with a vacation. In addition, the employee has the right to request cash payment instead of due vacation.

Time Log

To record the hours of an employee who works an unlimited day, the company maintains a log with fixation of working hours above the norm(part 4 article 91 of the Labor Code of the Russian Federation).

At the moment, there are no special instructions for which it is necessary to record hours of work in the journal, but this method is convenient. Thanks to the journal, you can easily organize the necessary data in a certain order.

It is necessary to keep records of all dates that a citizen worked in irregular mode (Article 101 of the Labor Code of the Russian Federation), as registration of processings is obligatory. Although there is no additional bonus for this, the employee can count on one more (Article 119 of the Labor Code of the Russian Federation).

You will find a sample log of irregular time.

For the reason that irregular work does not occur on a permanent basis, it is recommended to have an additional register for such time recording.

Fill in the first sheet:

• list number;
• what organisation;
• the dates on which they started filling out the journal, as well as the end time;
• name, surname and position of a person, responsible for journal entries.

Data must be filled once a week, or according to the scheme that the manager needs.

List of positions with irregular working hours

A regular working week is a five-day week with a duration of eight working hours. Many companies operate under this scheme. But, there is another mode of work, which is considered an irregular working day and applies to certain employees, and not to the entire company as a whole.

This list includes the following employees:

1. Director.
2. Branch manager.
3. Department head.
4. Deputy Manager.
5. Chief Accountant.
6. Warehouse Manager.
7. Personal driver.
8. And similar workers whose duty it is to carry out their work after the end of the working day.

For example, the usual length of working time for drivers cannot be more than forty hours a week. For drivers who work on a five-day basis, the usual duration of any day cannot be more than eight hours. If the driver works six days a week with only one day off, then the length of the day should not exceed seven hours.

If chauffeurs are engaged in transportation for healthcare facilities, utilities and emergency services, telephone communication, managing enterprises and the like, then it is permissible to increase the working time of one day until twelve o'clock.

A specific condition for the working time of drivers is that for them there is a certain duration of driving a car during the day - nine o'clock. If driving takes place in mountainous conditions, and the length of the bus is more than nine meters, then the time limit is eight hours.

In order for the norm to be fulfilled, the manager must keep a record of the driving time, taking into account the permissible limits of the driver's working hours.

What is the difference between overtime work and irregular hours?

For most people, overtime and overtime may be similar in definition, but legally, these concepts are clearly distinguished. A non-normative labor period is a certain working regime, according to which it is allowed to attract certain employees in addition to their usual schedule.

To understand the difference, consider the fundamental differences:

1. When an employee comes to get a job, they do not talk to him about possible overtime hours.

If the case concerns an irregular schedule, then the candidate is made aware of the existence of such a possibility.

2. The law specifies the length of overtime hours.

Such work may not exceed four hours on two consecutive days, and also one hundred and twenty hours throughout the year. A certain amount of hours non-standardized time is not specified in the legislation.

3. V overtime work workers, employees and superiors can participate.

Abnormal time is not defined for employees, except for drivers.

4. Overtime doesn't have the nice bonus of extra vacation time.

If the employee works irregular hours, then he is entitled to another vacation, lasting twelve days and sometimes a bonus.

A detailed explanation of the irregular working day in the video clip: