What does irregular work schedule mean? What is an irregular working day in the Labor Code of the Russian Federation: who is established, schedule, payment

17.10.2019

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 the 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.

In a number of cases, the establishment of irregular working hours is provided for by regulatory legal acts. Thus, in paragraph 14 of the Regulations on the peculiarities of working hours and rest time for car drivers, approved. Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 (BNA RF. 2004. N 45), indicates that drivers of passenger cars (except taxi cars), as well as drivers of expedition vehicles and survey parties engaged in geological exploration, topographic and geodetic and survey work in the field, irregular working hours may be established. In paragraph 37 of the Regulations on the peculiarities of working hours and rest time, working conditions for certain categories of railway transport workers directly related to the movement of trains, approved. Order of the Ministry of Railways of Russia dated March 5, 2004 N 7 (BNA RF. 2004. N 24), it is established that railway transport workers can be set to work with irregular working hours, with the exception of workers servicing passenger trains, train electricians, as well as supervisors, mechanics-foremen of passenger trains who are not on shift duty, whose working hours are determined in the same way as for conductors of passenger train cars.

The inclusion in the list of positions of workers with irregular working hours those whose work cannot be accurately recorded in time or who distribute work time at their own discretion means that they can independently decide on work outside the normal working hours, if this is determined by job descriptions or local regulations. A preliminary order from the head of the organization to involve them in such work is not required. In this situation, work on irregular working hours is carried out on the initiative of the employee himself.

The employer keeps records of the time actually worked by each employee under irregular working hours.

4. Workers with irregular working hours are subject to regulations on the duration of work (shift) (Article 94 of the Labor Code), on the start and end time of the working day (shift); they are generally exempt from work on weekends and non-working holidays (Article 113 of the Labor Code).

5. Applying Art. 101 of the Labor Code of the Russian Federation, it should be taken into account that if an employee works part-time (Article 93 of the Labor Code), then involvement in work in excess of the norm of daily work determined by agreement of the parties, but within the established duration of daily work (shift) at 5 and 6 days day work weeks, is not considered as work with irregular working hours.

6. Work with irregular working hours and overtime work is carried out outside the normal working hours. In contrast to the work regime with irregular working hours, engaging an employee to work overtime without his written consent is possible on the basis of Part 3 of Art. 99 Labor Code only in three strictly defined cases. The circle of workers involved in such work is wider (certain exceptions are established in Part 5 of Article 99 of the Labor Code), and a limit has been established regarding the standard of hours worked for each employee.

“Irregular working hours” - a whole separate article is devoted to this concept in the Labor Code, which is valid for all citizens living in the Russian Federation. However, due to the ambiguity of legal formulations, the average working citizen may still have many questions. What is meant by this term? What is the difference between irregular working hours and working overtime? Let's try to figure it out.

What does the existing Labor Code say about irregular working hours?

Irregular working hours are indicated in the Employment Contract

According to excerpts from Article 101 of the current Labor Code of the Russian Federation, an irregular working day is a specific labor organization regime in which the employer has the right, by special order, on an irregular basis to attract certain people to perform their direct duties during non-working hours.

By law, this condition is fixed in the employment contract. The future employee of the company accepts it by default by signing the relevant documents, so the employer does not need his direct consent to overwork in each individual case. For his part, the worker has the right to count, at a minimum, on the fact that he will have to work beyond the norm only in case of emergency.

What positions require long working hours?

In each individual organization, the manager approves in advance a list that implies an irregular work schedule. Detailed information about this can be found in the company's internal documents. Often the list includes the following categories of employees:

all economic, technical and administrative personnel of the institution;
consultants (telephone and online), sales agents and other employees whose working hours cannot be accurately calculated;
workers who independently form their own work schedule;
personnel whose working time, depending on current duties, can be divided into segments of arbitrary duration

restrictions on the number of working hours per week

The maximum processing time is not specified in the Labor Code

There are currently absolutely no regulations in Russian labor legislation regarding the maximum possible number of overtime hours per day, week or month.

Technically, an employee can be assigned to work at odd hours for as long a period as management requires. However, if these “involvements” happen systematically and in the absence of force majeure, for the employee this is a reason to think and perhaps even.

Compensation for overtime on an irregular schedule

According to current Russian laws, any work outside normal hours must be compensated by additional paid vacation days (at least three annually). If an employee holds a responsible position and is exposed to heavy workload, the number of vacation days may be increased.

In addition, some employers, in order to positively influence the productivity of off-hour workers, provide employees with additional types of work not specified in the law.

Important: the employer is obliged to provide an employee with an officially irregular work schedule with additional days of rest every year, even if during the period that has elapsed since the last vacation, this employee has not actually been involved in extracurricular work activities at all.

If the employee does not need additional time off, he can write a statement addressed to his immediate superior with a request to replace the required “time off” with modest monetary compensation. For its part, the employer has the right to either meet the applicant halfway and agree, or refuse him, “forcibly” sending the employee to rest.

The employer changed the employee's schedule from normal to irregular: is this legal?

The employer must notify in advance about irregular working hours

In order to legally introduce an irregular work schedule for some existing positions in the company, the employer must follow the following instructions:

Make a list of positions that will undergo changes in advance.
Make appropriate amendments to the internal labor regulations of the organization.
At least 2 months in advance, familiarize all employees whose positions have been changed with the new job descriptions - in person, against signature in an additional agreement to the employment contract.
Develop a separate one for recording processing time.
The employee must be notified in advance of the need for extracurricular work on a specific day and time, either verbally or in writing (to avoid disputes and misunderstandings, in practice the latter is most often used)

What does the employer have no right to?

Involve employees who work irregular hours to carry out any assignments that are not within the scope of their immediate duties.
Introduce irregular working hours for part-time employees.
Engage employees to work after hours on weekends or without additional pay.
Introduce irregular work schedules for absolutely all company employees.

Overtime work - what is the difference from irregular hours?

Overtime work is regular, but involves time limits (up to 120 hours annually, no more than 4 hours for every 2 days). Overtime work is usually paid; much less often - compensated by separate days off. It is impossible to force an employee to work overtime without his personal consent. The employment contract usually does not mention the prospect of overtime work.

Who can never work according to an irregular schedule?

Not all employees can work “after hours”

There are certain categories of workers who, according to current Russian legislation, are prohibited from being employed at odd hours. Consequently, the employer will not be able to establish an irregular work schedule for such employees. We are talking about the following categories of citizens:

pregnant women who have not yet passed away;
moonlighting minors;
employees undergoing training parallel to their work

The following preferential categories of employees may, with restrictions, be involved in irregular work activities in the absence of medical and other contraindications:

any groups;
and mothers of young children (children under three years of age);
minor children

Employers systematically force employees to work after hours - what to do?

Since Russian legislation does not have clear restrictions on the possible number of extra-hour working hours, the only way to combat arbitrariness on the part of the employer is to apply to the labor inspectorate.

If during the inspection process it is determined that overtime in the organization is systematic, the employer will be imposed and obliged to pay overtime to its employees. However, practical experience shows that it can be quite difficult to prove the fact of direct violations on the part of the employer. This often has to be done in court.

Let's sum it up

Irregular working hours must be paid additionally

So, let's briefly summarize: what is an irregular work schedule, and what are its main features?

An irregular work schedule implies irregular unpaid overtime of an episodic nature.
Employees may be involved in extracurricular work before or after work, but never on weekends or holidays.
The employer engages an employee in work on an irregular schedule only in cases of extreme necessity.
During work activities on an irregular schedule, an employee is not required to do anything that is not part of his duties.
The employer does not require the employee’s personal consent to overtime work in each individual case.
The frequency and duration of irregular overtime is not regulated in any way by the Russian Labor Code.
As compensation for working on an irregular schedule, each employee annually receives additional paid days for vacation (much less often - a small one).

Expert lawyer's opinion:

The article deals with a complex topic. The legal regulation of labor relations during irregular work is quite complex. This is explained by the fact that the situation itself is in a borderline position between law and the moral and psychological approach to the problem.

On the one hand, there are legal norms that regulate such work, and on the other hand, there is a sense of duty and responsibility that are not subject to legal regulation. And in such a situation, the moral qualities of the employee come to the fore.

It is he who behaves in the way necessary for the benefit of the work, while at the same time not infringing on his rights. It is in the employer’s interests to select a team for collaboration that would behave reasonably, maintaining a balance between the interests of the enterprise and their own interests.

Irregular working hours Controversial issues of its establishment... About this - in the video:

Many workers mistakenly believe that if they are constantly late at work and their working day does not have a clear schedule, then it can be called irregular. In meaning, it is possible, but by law it will be considered as such if a corresponding entry is made in the employee’s employment contract, and along with it there will be additional social guarantees provided to employees with official irregular hours. Let’s figure out what an irregular worker means in 2018 according to the Labor Code of the Russian Federation. Changes and latest news are further in the article.

Flexible work schedules, overtime work, as well as banal overtime at the will or whim of the employer have little in common with irregular work hours. In accordance with Art. 101 of the Labor Code of the Russian Federation, which contains the corresponding concept, an irregular working day is a special mode of work when an employee remains to work after a working day not constantly, as is often practiced in Russian enterprises, but occasionally at the verbal command of the employer. Not any employee can be left “after work”, but only one who occupies a position that, in accordance with the collective agreement or other regulatory act of the employer, is included in the list of positions with irregular working hours.

Flexible hours, long hours, overtime - what's the difference?

As mentioned above, many mistakenly mistake a flexible schedule for an irregular working day, when an employee works the working hours established by the employment contract without a fixed start and finish of the working day, which are determined by mutual agreement (Article 102 of the Labor Code of the Russian Federation). However, these are completely different things. Unlike a flexible work schedule, which is also fixed in the employment contract or an additional agreement to it, irregular working hours have clear boundaries. If the TD states that the employee must start work at 10:00, then he cannot come to work at 12:00, since he has a position with an irregular work day. He must arrive at 10:00, otherwise he risks receiving a disciplinary sanction: a reprimand or reprimand from his superiors (Article 192 of the Labor Code of the Russian Federation). And for being late by 4 hours or more you can even get fired.

Thus, irregular working hours, unlike a flexible schedule, have clear boundaries, but they can be “extended” at the verbal request of the employer. Such requests may be sporadic. The employee's consent to work beyond normal working hours is not required, nor is additional payment required.

The difference between irregular working hours and overtime lies in the payment and the need to obtain the employee’s consent for overtime. Let's take a closer look at the difference.
Irregular working hours:

does not require a person’s consent to engage him in work outside of working hours;
not formalized by order (an oral order from superiors is sufficient);
payment for irregular working hours is not due;
the number of occasional exits “after work” is not regulated;
employees are entitled to leave for irregular working hours - the Labor Code of the Russian Federation (Article 119) establishes guarantees in the form of at least three additional days of leave. Naturally, paid. The employment or collective agreement may stipulate more. The days are required to be provided even if the employer did not exercise his right to occasionally involve the employee in work duties outside of normal hours during the year.

Overtime in 2018:

requires the mandatory consent of the employee, excluding emergency cases;
executed by a written order from the employer;
the duration of overtime work cannot exceed 4 hours for 2 consecutive days and 120 hours per year;
paid at least one and a half times the amount for the first 2 hours and at least
twice in the following hours;
Additional leave is not allowed.

As can be seen from the comparison, according to vacation, additional days are awarded for irregular working hours, but not for overtime work. The opposite situation occurs with additional payment, which is made only for overtime work.

How is an irregular working day formalized in 2018?

If an employee periodically performs work duties outside of established working hours, this must be reflected in his employment contract (Article 100 of the Labor Code of the Russian Federation). Corresponding notes are also included in the internal regulations of the enterprise where the regulation on irregular working hours should be issued. An employee whose work duties extend over a standard 8-hour working day or over a 10-12 hour shift should not neglect the official assignment of an irregular day. After all, in addition to praise from management, it also guarantees the employee additional leave for irregular working hours. This should also be written about in the contract with the employee.

How many hours can you overwork?

Lawyers are often asked the question: “An irregular working day is how many hours?” The Labor Code does not regulate the hours of irregular working hours and does not decipher how many total hours an employer can involve an employee in irregular work. However, if the employer is too zealous in its right to involve the employee in performing duties beyond the normal working hours (does this not occasionally, but on an ongoing basis), then this can be recognized as overtime work and “knock out” the due compensation. To do this, you will have to contact the state labor inspectorate and the court. There are such cases in judicial practice.

We hope that after reading this article about long working hours: “What does this mean?” – you won’t ask anymore.

The question of how long hours are paid is of concern to many workers. This schedule is established at the enterprise using a special document. The employee may agree to such a schedule or refuse. The employer must remember that some people cannot be involved in recycling. Many people do not understand the meaning of an irregular day and do not know how it is paid.

Features of the mode

Irregular hours mean that employees can be involved in performing job duties after the end of the standard working day. You will have to work several hours, which will be paid. This may happen intermittently rather than on an ongoing basis. This provision is enshrined in law and must be respected.

The employee is asked if he agrees to this schedule, since in case of irregular working hours they have the right to delay him at work, and this does not suit everyone. If a candidate for a position gives his consent, the employer has the right to require him to stay longer than usual at times.

It is necessary to document everything so that there are no disagreements. You can immediately write this condition into the employment contract, and then let the candidate for the position sign it. You can also enter into an additional agreement if there is already a contract and it does not mention such a point.

Often, when applying for a job, they give a questionnaire that talks about a similar schedule. Some jobs require people to be able to work overtime occasionally. When recruiting, an employer may specifically look for a specialist who will agree to do this.

About the duration

In the Russian Federation, it is necessary to ask the person’s consent to such a mode of work. But the candidate must understand what he is getting into and how he will be paid in this case. The Labor Code of the Russian Federation talks about what irregular working hours and overtime work are.

Some people are mistaken in thinking that a flexible schedule allows you to come to work when it suits you and leave as you please. But this is not the case, since the time frame is defined. The person will have to work like other employees, but he may be asked to stay for revision.

Read also Registration and payment of sick leave during vacation

The employer must stipulate in the employment contract, local act or agreement the specific duration of irregular days. This regime cannot be violated, unless overtime can be established. Remuneration occurs in a slightly different way, which can be found in the Labor Code of the Russian Federation. You cannot engage in processing on holidays or weekends.

The organization sets the time, and the person agrees with it. This could be two hours or more. If a person has never been called upon to perform duties in this schedule over a year, then the working conditions should be reconsidered.

Time tracking

Pay for long hours is of interest to many employees. Such a regime should be fixed in the labor code. It will be necessary to issue an order, even if the employment contract states the possibility of overtime. The document is needed so that the accounting department can calculate the payment, which is done in a special way.

As for the issuance of money, it must be issued on the company’s letterhead. But you can simply record it if the organization does not have special forms. The order must be assigned a number according to the numbering in the accounting journal. Write down the position and information about the employee who works in a special mode.

The order specifies the date when you need to work longer than usual. You should also include information regarding incentives for such work. It indicates who controls the execution of the order. The boss's signature and company seal will be required.

As for accounting, everything is simple, since there is no need to record processing. The Labor Code of the Russian Federation states that for each person it will be necessary to separately record working hours. For this purpose, a journal is used, which records the length of the working day. This is necessary to ensure that overtime does not occur, and also to track how many people performed duties. The log also notes the fact that the employee stayed for further development.

About payment

Many people are concerned about wages, since with a non-standard schedule people expect to receive more. However, for irregular working hours, funds will be accrued in the usual manner, taking into account working hours. The Labor Code of the Russian Federation states that a person must be given additional leave. Its duration is 14 days or more, which is added to the main annual vacation.

Important! You can take cash instead of extra vacation, so you don’t have to take a longer vacation. To receive compensation, you will need to write an application addressed to your boss.

If the work is overtime, a fixed additional payment will be required. A person can count on an increase if he had to work at least one hour at night. If he performed duties after 10 pm, he will be given an additional payment of 20% of the rate. When working on holidays, wages are paid at least double the amount. There are similar rules in the Labor Code of the Russian Federation, so the employer cannot fail to comply with them.

Read also Procedure and formula for calculating the wage fund

Non-standard working days are paid in the same way as all others. This must be kept in mind when agreeing to a special schedule: a person working in this mode will not be able to count on incentives based on legislation.

Who cannot work irregular hours

There are categories of citizens who cannot work on an irregular schedule. The employer must know who cannot be appointed to such work, otherwise he will violate the law. Let's consider who does not have the right to work like that.

People who work as part-time workers. This is not their main job, but an additional one. They also cannot work longer than the time allowed by law.
Disabled people of groups 1 and 2. They need to confirm their health status with a medical report.
People who work for piecework.
Pregnant women - regardless of the period, they should not be overworked.
Those people who work shifts.
Employees currently training.
Minors. Their working hours should not be longer than usual.
Workers who are employed part-time.

The listed people cannot be involved in irregular work schedules. Even if they have signed an agreement, after, for example, pregnancy, they can no longer be overworked.

About the possibility of refusal

Long working hours are not convenient for everyone, and for some, they are unacceptable. Therefore, questions arise about whether it is possible to refuse or whether it will be necessary to work on a similar schedule. When applying for a job, you can notify your boss that this regime is not suitable. If irregular days are required for a position, the person will not be hired because of this.

If he is employed, and after a while he was asked to agree to such a schedule, then he can refuse or give his permission. In the second case, you will have to sign a document, after which the boss will have the right to periodically leave the person after the end of the standard working day. However, you can refuse: such a decision can lead to dismissal if the transfer is related to organizational changes. Then the company must send written notice and receive a negative response regarding the new conditions.

Sometimes a person agrees to an irregular schedule, which is why the employer begins to abuse the employee’s work: he leaves the worker not periodically, but constantly. Then you should take care of protecting your rights, because such behavior by a manager is contrary to the law. It is recommended to contact the Labor Protection Inspectorate with a complaint, and the state will help deal with the current situation. You can also go to court or the prosecutor's office to defend your rights. In any case, you should not tolerate the illegal behavior of your boss, but file a complaint with a government agency.

2018-09-06T10:08:43+00:00

https://site/nenormirovannyy-rabochiy-den/

What is an irregular working day in the Labor Code of the Russian Federation? How many hours does the employer have the right to involve the employee in work outside the duration of his working hours? How legal this is and how irregular working hours are regulated by current legislation. What is the difference between the concepts: flexible hours, irregular hours and overtime.

An irregular working day is a special mode of work, 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 working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees. For an employee working on a part-time basis, an irregular working day can be established only if the agreement of the parties to the employment contract establishes a part-time working week, but with a full working day (shift).

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

The Labor Code of the Russian Federation, which is designed to regulate relations between management and subordinates, pays a lot of attention to establishing standards for time spent at work that are not harmful to health, as well as standards for the time that the body will have enough to recuperate, including irregular working hours.

The length of time an employee must remain within the company while performing his or her job functions is specified in the “Working Hours” section. Within the framework of this concept, as well as the concept of “irregular working hours,” it is recorded how many hours an employee must perform his duties during the day (in some cases, the term “shift” is used instead of a working day). There are also time limits for the work week and year. There is a separate concept of “rest time”. With its help, the duration of daily rest, weekends and vacations is regulated.

Irregular working hours: how many hours

Typically, working hours are perceived as a 5-day workday with an 8-hour working day. This is precisely the norm that operates in the vast majority of enterprises and organizations - both public and private. But there is another working mode - irregular working hours (Article 101 of the Labor Code of the Russian Federation).

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

For many, long working hours are closely intertwined with the concepts of “overtime” and “overtime.” But at the legislative level they are separated. Irregular working hours are a separate work schedule that allows the employer to employ specific employees outside of their standard schedule.

Who gets an irregular day?

The legislation does not limit the employer in the choice of positions for which irregular working hours can be established. However, the determination of such a list must be approached taking into account the nature of the work and not include in it all positions available at the enterprise. This may raise questions from inspectors. The list of positions can be drawn up in the form of a separate local regulatory act or included in a collective agreement or internal labor regulations. It must also be agreed upon with the employees’ representative body (if there is one).

Flexible hours, long hours, overtime - what's the difference?

Thus, irregular working hours, unlike a flexible schedule, have clear boundaries, but they can be “extended” at the verbal request of the employer. Such requests may be sporadic. The employee's consent to work beyond normal working hours is not required, nor is additional payment required.

does not require a person’s consent to engage him in work outside of working hours;
not formalized by order (an oral order from superiors is sufficient);
payment for irregular working hours is not due;
the number of occasional exits “after work” is not regulated;
employees are entitled to leave for irregular working hours - the Labor Code of the Russian Federation (Article 119) establishes guarantees in the form of at least three additional days of leave. Naturally, paid. The employment or collective agreement may stipulate more. The days are required to be provided even if the employer did not exercise his right to occasionally involve the employee in work duties outside of normal hours during the year.

Overtime in 2018:

requires the mandatory consent of the employee, excluding emergency cases;
executed by a written order from the employer;
the duration of overtime work cannot exceed 4 hours for 2 consecutive days and 120 hours per year;
paid at least one and a half times the amount for the first 2 hours and at least
twice in the following hours;
Additional leave is not allowed.

How to arrange irregular working hours?

Since information about an irregular schedule is significant and must be included in the employment contract, the employer must familiarize the future employee with this condition, as well as the compensation that he is entitled to for overtime working hours. In particular, according to Article 119 of the Labor Code of the Russian Federation, employees who work in this mode are entitled to additional paid leave. Its duration is determined by the collective agreement, but it cannot be less than three days.

An employee has the right to contact the employer with a request to replace additional leave for overtime with monetary compensation. This possibility is provided for in Article 126 of the Labor Code of the Russian Federation. However, providing this monetary payment is the employer's right, not an obligation.

Registration of attraction to work beyond normal working hours

In irregular working hours, an employee is involved in work periodically by order of the employer. However, in Art. 101 of the Labor Code of the Russian Federation does not say how such an order should be drawn up. Based on this, we can say that the legislator also allows oral form. At the same time, we believe that oral instructions should only be used if the company has clearly established time tracking.

There are two positions regarding the fixation of overtime during irregular working hours.

Some experts believe that this is simply necessary, since according to Part 4 of Art. 91 of the Labor Code of the Russian Federation, each employer must keep accurate records of the working time worked by each employee. For this purpose, a work time sheet of the unified form T-12 or T-13 is most often used. Using magazines is also not prohibited.

If an employee is late after work, then most likely the employee entering information into the time sheet will go home earlier, and accordingly there will be no one to record the number of overtime hours. In such cases, it is advisable to issue a written order. In addition, you can stipulate in the job description or employment contract, for example, that an employee stays at work for two hours twice a month to prepare a report. But there is no need to establish a condition that you need to stay late every day or every other day. Otherwise, when an employee applies to the State Labor Inspectorate, inspectors recognize such periodic involvement in work outside working hours as a violation of labor legislation.

Other experts believe that indicating overtime on the timesheet leads to the possibility of confusing irregular working hours with overtime work, and if the accountant considers the mark on the timesheet to be information about overtime, he will pay for it.

We adhere to the first point of view, since no one has canceled the time sheet. And recording the time spent at work will help the employer track the frequency of going beyond the working day. In addition, time tracking will be useful in the event of any emergency - it will be possible to say for sure whether the employee was at work or not.

Please note: We recommend that you enter the standard working hours for an employee with irregular working hours in the time sheet. And records of processing can be kept in a separate journal.

Compensation for working irregular hours

As we found out, overtime during the named work mode is not paid. However, legislators did not leave such workers without compensation.

Article 119 of the Labor Code of the Russian Federation determines that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and cannot be less than three calendar days. This leave can be added to the annual main paid leave or taken separately.

Please note: The right to additional paid leave does not depend on whether the employee works overtime or goes home on time. If the employment contract reflects the condition of irregular working hours, then it will not be possible to avoid the provision of additional days of rest.

Sometimes employees, believing that they have worked a lot (for example, worked outside working hours every day for a month), ask the employer for an additional paid day off. Their desire is understandable - they thought that they would overwork sometimes, but the employer involved them in such work all the time. But overtime hours during irregular working hours are not equal to overtime hours during overtime work, in which an employee has the right to choose additional rest time instead of increased pay (Article 152 of the Labor Code of the Russian Federation). Since the law provides for only one type of compensation - additional leave, the employer is not obliged to satisfy such a request,

Attracting to work on holidays and weekends, to work at night

Let us repeat that many employers interpret Art. 101 of the Labor Code of the Russian Federation in their favor, considering that those who work irregular working hours must work “without days off or holidays.” But this position is wrong. Workers in this regime are subject to all the norms of the Labor Code and can be recruited to work on a non-working holiday or day off only in compliance with the rules established by the code.

For example, to attract employees with irregular working hours to work on days off, you will have to strictly follow Art. 113 of the Labor Code of the Russian Federation and formalize:

written agreement;
taking into account the opinion of the elected body of the primary trade union organization;
notification of the right to refuse work on a day off (for disabled people, women with children under three years of age) and familiarize employees with it against signature;
order to hire someone to work on a day off.

In addition, before issuing an order, you will have to make sure that employees have no medical contraindications for such work.

Finally, work on a day off must be paid according to the rules of Art. 153 Labor Code of the Russian Federation.

Please note: Work on a weekend or a non-working holiday is paid at least double the amount:

for piece workers - at no less than double piece rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed within the monthly working time norm, and in the amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working hours.

Like working on weekends, working at night is a deviation from the norm for an employee with irregular working hours. Let us remind you that according to Art. 96 of the Labor Code of the Russian Federation, the time from 22.00 to 6.00 is considered night time. Accordingly, employment at this time must be properly formalized and paid at an increased rate - at least 20% is added to the salary or tariff rate (Article 154 of the Labor Code of the Russian Federation).

Part-time and part-time work

According to Article 101 of the Labor Code of the Russian Federation, an employee working part-time can be assigned an irregular day if he is assigned a part-time working week, but with a full working day (shift).

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

Also, the law does not prohibit the establishment of irregular hours for part-time workers. But there are some peculiarities here:

If a part-time worker is given a working day of 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 his 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, he will be able to establish an irregular working day (according to Article 101 of the Labor Code of the Russian Federation) and, accordingly, compensation in the form of annual paid leave of at least three calendar days.

Documentation of conditions

When hiring an employee, it is necessary to familiarize him with the collective agreement, internal labor regulations and other local regulations in force in the organization and relating to his labor function. After this, an employment contract is concluded with the employee, which includes a condition for working on irregular working hours. By signing it, the employee agrees with the nature of the work, which involves overtime.

List of positions for workers with irregular working hours

The circle of people 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. Only isolated recommendations can be found on this issue.

Thus, in the Decree of the Government of the Russian Federation “On approval of the rules for providing annual additional leave to employees with irregular working hours” dated December 11, 2002 No. 884, it is proposed to include the following positions in the list:

Management team. For example, a CEO can easily work long hours.
Maintenance personnel. The same service technician can come to work early during irregular working hours to check the equipment.
Housekeeping staff. Having the caretaker come out to work irregular working hours can make the work of the entire staff easier.
Employees whose time spent at work cannot be counted. A 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 include people in creative professions, for whom long working hours are quite normal.

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