At the enterprises of the country, without regard to the right of ownership, you can conclude an agreement where an irregular working day will be indicated, upon the establishment of which additional days are required for labor leave for those employees to whose posts it is applicable. 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 a non-standard operating mode - in more detail below.
What is irregular working hours?
An irregular work schedule, during which some employees of the organization can perform labor duties, or rather be attracted to this by their management beyond the length of the employment time, is the irregular working day. Moreover, the consent of the employee is not required, since this clause is specified 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-standard 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, for example, drivers.
The concept of irregular working hours in Russian law
The Labor Code sets aside a separate article defining what irregular working hours are. This circumstance is prescribed in the contract for work. The candidate is obliged to put his signature on this document, confirming his consent. It is important to understand that such a schedule involves the performance by employees of duties in accordance with the working day regime. Those who suggest that under such conditions of employment you can come or go from your work at any time are mistaken.
According to the legislation, the duration of an irregular working day is fixed by an employment contract and various local acts defined by agreements in force in the organization. Violation of this regime is not allowed. It is possible to increase employment time only by setting overtime. This is the main difference. Work beyond the set time must be separately accounted for and paid. The head does not have instructions to begin to perform functions on weekends or holidays (a business trip does not count).
How to establish irregular working hours at the enterprise
There are two ways to document a non-standardized work schedule:
- concluding an employment contract. Before signing, a specialist is introduced to a list of professions for which a special work schedule is fixed, he is provided with information about local regulations, which reflects information about this mode. After that, an order for employment is issued, which prescribes information about precarious work.
- in the process of fulfilling duties. You can set a non-standard day by additional agreement, where changes are established on the conditions of the working day. It also reflects information on the provision of additional leave with payment.
Order of the non-standardized day
The need to issue an order is a controversial matter, since an employment contract with an irregular working day establishes all the rules of this regime. The publication of the order gives grounds for accounting to charge. Registration is made on the letterhead of the enterprise, however, simple registration is also allowed if such forms are not provided in the company. The order is assigned a number according to the numbering in the journal. The document shall indicate the position and full details of the employee in relation to whom a special regime of employment time is established.
It is imperative that the order indicates the date on which the employee begins to fulfill his duties under the special regime. Information on the provision of labor incentives according to a non-standard schedule is immediately indicated. 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 the seal.
Accounting for irregular working hours
If in an organization or for an enterprise an employee works according to a schedule of a non-standard day, then this accounting of working hours 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 daily log of the duration of labor time is intended. It is carried out in order to prevent processing, since the non-standard day differs from overtime. The logging method is regulated by internal regulations.
Pay for irregular working hours
Regarding compensation for work on the schedule of a non-standard day, here it is necessary to note one feature. In overtime work, a certain amount of salary supplement is stipulated; those employed under irregular conditions are deprived of such an opportunity under the conditions of legislation. Instead, they provide for additional days that are added to the annual labor leave. The number of days is negotiated separately and each employer has the right to set its number, which is reflected in the collective agreement.
How many hours can be recycled
For workers with a non-standard day, an employment contract and a rest period, breaks, the execution of which is mandatory on all sides, are determined in writing in an employment contract. In case of a non-standard day, it is allowed to involve an employee in labor, and this is done not on a permanent basis, but only occasionally, and the duration of processing is not established at all. If for a whole year the specialist has never been involved in the performance of duties under this regime, then a revision of working conditions should occur.
To get a vacation for an irregular working day is simple - you need to write a statement, 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 at the enterprise, and the employee is paid for them, like for the entire vacation, in a similar way. Taxation is mandatory on these payments.
The enterprises have a list of professions that are prescribed additional leave for irregular working hours. They are not entitled to compensation in the form of cash payments for this work schedule, but only by providing a certain number of additional days for vacation. However, each specialist can receive compensation for days of unused vacation if the employer gives the green light.
Additional leave for those employed has limitations only on the minimum number of days — there must be at least three. The specialist has the right to receive additional leave, regardless of how much time he has worked in this organization. It is important to understand that if a person does not work full time, then the regime of non-standard work does not apply to him.
Who should not set irregular working hours
If we turn to the legislation, the exact rules are established here that workers of not all categories are assigned irregular working hours, but there are certain people who are prohibited by law from applying such a schedule:
- part-time workers;
- disabled persons of groups I and II;
- piecework workers;
- shift workers;
- trained professionals;
- employed part-time;