Irregular schedule. Carrying out labor activities in the irregular working hours according to the labor code

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

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

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

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

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

Many citizens mistakenly equate an irregular day with overtime work. These are different concepts that imply different remuneration and documentation. Overtime work is periodic, non-standard work is permanent. If a citizen can legally refuse to be involved in overtime work, then in the case of an irregular day, this is excluded.

Features of irregular mode

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

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

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

This can be done through:

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

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

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

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

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What is the procedure for introducing an irregular schedule?

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

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

Newly hired employees will sign an employment contract with irregular working hours already included in it. In the event that it is necessary to transfer existing personnel to it, an addition to the main contract is created.

What should an employee know about an irregular day?

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

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

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

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

The importance of an irregular day for an employer

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

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

The introduction of an irregular work schedule should not infringe on the rights of the employee. The employer must give him enough time to rest, not forgetting the need to provide annual leave. The manager cannot force the worker to refuse the required vacation days, even if compensation is paid.

The introduction of an irregular day carries some benefits for the employer associated with the direct performance of work. On the one hand, he will be able to involve an employee in the performance of official duties at any time, while in fact he will not have to overpay for labor.

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

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

As a rule, an irregular day is set for:

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

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

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

Latest news about changes in irregular working hours in 2018

In 2018, no changes were introduced regarding the use of irregular working hours at enterprises. However, at a meeting held in March, the current government decided to adjust and revise some of the conditions of the irregular day. Their development will continue, and the actual date of implementation is unknown.

Members are calling for the following changes:

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

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

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

Summing up

In 2019, there were some changes at the legislative level in the irregular day. Now it can not be applied to everyone and not always. But we will talk about this at the end of this post. Now let's try in simple words to define the labor relations in question.

If you open the Labor Code of the Russian Federation, you can see two similar concepts: “irregular working hours” and “overtime work”. The concepts are similar, but the consequences of their application are different.

If the employer engages the employee on any day outside the working hours (norm) established by the employment contract to fulfill the duties stipulated by the employment contract, this is an irregular working day. When might an employer need such a thing? For example, when something happened at the enterprise, or an unplanned amount of work appeared earlier, in other unforeseen cases.

So, we conclude: the reason for extracurricular irregular work should be an emergency or production necessity. The involved employee must perform his direct duties and do his job during this period of time. The number of irregular hours must be reflected in the employee's employment contract, and if this is not the case, and the employee was called to work in excess of the norm, this is already overtime hours paid additionally in accordance with the established rules of the Labor Code of the Russian Federation.

How many irregular hours can be in 2019?

• Persons under 18 years of age.
• Single mothers with children under 14.
• Disabled workers.

But the number of such working days in a month or hours in each day of the Labor Code of the Russian Federation, both in 2019 and earlier, is not provided. It still remains the prerogative of the employer.

Why is the regulation on irregular working hours necessary?

The employer must necessarily acquaint all employees with such a provision and issue an order for its approval. An unapproved provision, with which the labor collective was not familiarized in a timely manner, has no legal force.

Regulation in the employment contract

And, of course, the employment contract should reflect the regulation of employee compensation for such work - the number of days of additional leave - at least 72 hours for vacation, regardless of the number of overtime hours worked. The limit of additional leave for budgetary organizations has also been established - this is 14 days. For commercial enterprises, the limit on the number of days of such leave does not apply and can be specified in the employment contract at the request of the employer, but not less than 72 hours.

changes in the Labor Code of the Russian Federation

• the part-time work week of the employee is established by his employment contract,
• The employee works full time in the company.

Lawyer Gennady Efremov

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

What is an irregular working day

An irregular work schedule, during which some employees of the organization can perform labor duties, or rather be attracted to this by their management in excess of the length of employment time, is an irregular working day. Moreover, the consent of the employee is not required, since this item is spelled out specifically in the employment contract.

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

The concept of an irregular working day in Russian legislation

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

Duration

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

How is the irregular working day established in the enterprise

There are two ways to document an irregular work schedule:

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

Irregular Day Order

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

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

Accounting for irregular working hours

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

Irregular working hours pay

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

How many hours can be processed

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

Vacation pay

It is easy to get a vacation for an irregular working day - you need to write an application, and there is no need to do this separately, since these days are fully added to the main vacation. The number of these days is calculated by order directly for the enterprise, and the employee is paid for them, as for the entire vacation, in a similar way. Taxation is mandatory on these payments.

Definition: Irregular working hours

The realities of modern business are such that employees often have to stay late at work, come early, work without lunch. Employers, in such situations, are in no hurry to pay for processing, justifying themselves by the fact that the day for employees is irregular. Does an irregular day really allow the employer to save on overtime pay?

Introductory information

The Labor Code establishes clear limits on the working hours during which employees must perform their duties. As a rule, this is 40 working hours per week, which, with a five-day working week, gives 8 working hours per day. There are two ways to make an employee work outside of this time - by involving him in overtime work, or by introducing an irregular working day. The first method entails the obligatory payment of each hour of processing, and the total number of such hours is limited to 120 per year and four for two working days in a row (Article 99 of the Labor Code of the Russian Federation). But with regard to irregular working hours, such restrictions have not been established, which makes it very attractive to the employer.

What is an irregular day

Before proceeding directly to the consideration of issues arising in connection with an irregular working day, it is necessary to dwell on this concept itself. According to Article 101 of the Labor Code, an irregular working day is understood as 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.

Simply put, employees can work in irregular working hours, whose job responsibilities are such that they cannot always be performed during working hours. As a rule, we are talking about employees whose work is related to customer service (after all, you can’t kick out a buyer who came 10 minutes before the end of the working day). Or about employees representing the interests of the company in other bodies or organizations (courts, tax authorities, etc.), whose work schedule may not coincide with the employee's work schedule.

But these are just examples. The Labor Code itself does not establish any restrictions on the contingent of employees who can enter an irregular working day (although there are still some exceptions, and we will talk about them below). Therefore, formally, both a cleaning lady and a leader of the highest rank can work in irregular hours.

What gives irregular day mode

The first and most obvious advantage of the irregular day regimen already follows from its definition, which we gave above - employees can be assigned to perform work not only during working hours, but also outside of it. But there are other benefits as well.

So, the introduction of an irregular day does not relieve the employee from the obligation to come to work on time, nor does it give the right to leave earlier. In addition, the irregular working day mode makes it possible to involve an employee in additional work at any time - both before the start of the working day and after it ends. This is confirmed by Rostrud in a letter dated 07.06.08 No. 1316-6-1. The third plus of an irregular day is that you do not need to obtain his written consent every time to involve an employee in work outside the official working hours. Moreover, the employee does not have the right to refuse processing.

Finally, this method of ensuring the presence of employees at work is quite simple to design.

How to enter an irregular day

Article 101 of the Labor Code establishes the following algorithm for introducing irregular working hours in organizations.

First, you should draw up and approve a list of positions for which an irregular working day is established. However, some limitations must be kept in mind. So, it is impossible to include in the list of employees who, according to the law, have a reduced working day (disabled people, minors, employees studying at universities, etc.). It will not be possible to establish an irregular day for employees with whom there was an agreement on part-time work, fixed in the employment contract. But a part-time working week (i.e., a mode when an employee works not five days a week, but, for example, two or three) is not a hindrance to an irregular working day.

After this document is drawn up, all employees whose positions are indicated in it must be familiarized with the list under signature. Accordingly, if an employee is accepted for such a position, then before signing the employment contract, he must be familiarized with the list, which is fixed by his signature indicating the date and time of familiarization.

The next document in which you need to fix the condition on irregular working hours is an employment contract with an employee. Moreover, this must be done without fail, since the mode of operation, which is different from the generally accepted in the organization, is a prerequisite for an employment contract (Article 57 of the Labor Code of the Russian Federation). Accordingly, if a similar mode of operation is introduced for existing employees, then it will be necessary to draw up an additional agreement to the employment contract. This means that it is possible to introduce an irregular working day in an organization only with the consent of the employee. But in the future, as we have already mentioned, it is not necessary to obtain consent for each case of processing.

This completes the design of the very possibility of attracting an employee to work outside the working day.

How to issue an order

If we read article 101 of the Labor Code of the Russian Federation carefully, we will see that the employee does not have to work more than expected every day, but only by order of the employer. At the same time, the Code does not specify in any way how such an order should be drawn up. A unified form for this case has not been established. It turns out that the legislation allows the oral form of the order.

However, in our opinion, an oral order can only be used if there is another document where processing will be recorded. The amount of time worked by each employee is recorded in the Timesheet (forms No. T-12 or T-13, approved by Resolution No. 1 of the State Statistics Committee of the Russian Federation dated 05.01.04 No. 1). But, according to the procedure for filling out these documents, approved by this resolution of the State Statistics Committee, if an irregular day is set for an employee, then work in excess of the established working hours is not reflected in the Time Sheet.

At the same time, part 4 of article 91 of the Labor Code imposes an unconditional obligation on the employer to keep records of the time actually worked by each employee. Therefore, whatever one may say, the organization will need to issue a document fixing the processing time. In principle, this can be a statement similar to the Timesheet. And the presence of such a document, in our opinion, may well replace the written order of the employer on the need to work outside of working hours.

At the same time, we would like to warn employers against abusing irregular hours. After all, Article 101 of the Labor Code says that employees can be involved in extracurricular work only occasionally. Therefore, if during the inspection the labor inspectorate establishes that such work was of a permanent nature, the employer may be required to pay for this work as overtime, and even fined for violation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Summarize. Irregular working hours are documented in the following documents:

- a list of positions approved by the head of the organization;

- an employment contract indicating an irregular working day;

- a record of the actual work of employees in irregular working hours.

Irregular day payment

Let us now turn to the issues of compensation for employees working outside the normal working day. Unlike overtime work, which is compensated with money, work in irregular working hours "threatens" the employee with additional days of paid leave. The duration of this leave is determined by the employer independently, but cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation). Please note that this leave is due to all employees who hold positions included in the relevant list. At the same time, it does not matter whether they were actually involved in work outside of working hours or not.