Working in irregular working hours in the Russian Federation today causes a lot of discussion. Usually, employers perceive it as unlimited in time. However, this is a misconception caused by the desire to pay less taxes and contributions to employee funds. In the article we will consider: what is an irregular working day, the basic concepts associated with it, the establishment, as well as the rules of rest.
General Provisions
This mode is set by employees: both specialists and managers. Usually they decide to go to work early or, conversely, to linger after the end of the working day. Such excess work is not regulated by labor law. Accordingly, the processing is not included in the report card (otherwise, they would be subject to monetary compensation). Working over the norm in this case is impossible, since there is no time limit. But is it fair to talk about irregular working hours in commercial structures, where everything helps to abuse the corresponding right? Let's try to answer this question.
Standard Overtime Restrictions
Labor legislation provides for certain standards of work and rest, on the basis of which the working regime is established. The conditions for an irregular working day are still assessed by the employer, who often perceives it to be infinite. Of course, this is not beneficial for the employee.
In Russia, according to Article 91 of the Labor Code, the number of hours per week is forty. It turns out that with five working days, the working time is eight hours. However, there are cases where the norm can be exceeded by law. It is about working overtime, as well as in irregular working hours.
In the first case, the law clearly established that work may not exceed one hundred and twenty hours a year. At the same time, an overtime worker cannot be attracted more than four consecutive days, as the balance between work and rest will be upset. And this, in turn, will lead to inefficient work and the corresponding unsatisfactory results.
No restrictions during special operation
But with regard to irregular working hours, there are no corresponding restrictions. It turns out that compensation and guarantees regarding such work are not provided. Let's try to figure out why the legislator singled out irregular working hours in the Labor Code of the Russian Federation as a separate category.
In accordance with article 97 of the Labor Code, in this mode, work is carried out outside the framework of a certain working day. Thus, excess work is provided for by itself. However, article 101 of the Labor Code states that it is possible to involve only occasionally in such work. But there are no criteria for this in the law. And compensation payments can be much lower than the labor costs.
Understanding the concept of what is an irregular working day, you need to consider that the rules for the beginning and end of work, accounting for his time and so on apply to employees. As in other regimes, workers should have a weekend every week, and can also count on holidays on holidays. At such a time, it is possible to involve them in the performance of work duties only on the basis of Articles 113 and 153 of the Labor Code of the Russian Federation.
Who can be installed?
The list of posts for which irregular working hours may be established is not defined by law.The employer has the right to determine this by issuing a local act, for example, by the internal rules.
At the same time, the Labor Code refers specifically to employees, and not to workers specialties. This must be remembered. The only profession for which an exception is provided is drivers. According to part 2 of article 329 of the Labor Code, the specifics of the work and rest regime for employees whose duties are connected with the movement of cars and other vehicles are established by the Ministry of Transport. The corresponding mode can be established in relation to:
- Car drivers (except taxi).
- Drivers of expeditionary and prospecting vehicles (during exploration, geodetic works in the field).
In this case, the work shift lasts as a work week under standard conditions, and weekends are also set on a common basis.
Recent changes
In mid-2017, 101 articles were supplemented. According to the new regulation, when working in part-time mode, an irregular working day may be established under an agreement stipulating a part-time week, but a full-time or shift. Thus, for those who work part-time, this regime does not apply. If the previously drawn up labor contract contained items on part-time work and at the same time on non-standardized work days, then it must be changed.
Features of irregular working hours
The features of this work regime include the following:
- It can be set for a specific position, but not for an entire unit.
- Engaging in overtime work can only be determined by necessity.
- Overtime work should not differ from that carried out at normal times, according to the job description.
How to install?
The condition that such an irregular working day is due to the employee must be indicated in the clause in separate clauses. A list of relevant posts should be established in the local act.
To attract an employee to work overtime, an executive order is sufficient, which can be written or oral. Also, the employee himself must give his consent. At the same time, the employer cannot involve him in work not provided for by the labor contract. This means that if the employee is a secretary, he cannot be appointed overtime as a driver. For this, an additional agreement on work on combining should be concluded.
Nuances
By agreeing to work in the considered mode, the employee must know and take into account the following points:
- An employee cannot refuse to work after the end of a shift if it really is necessary. A refusal can be regarded as a failure to fulfill one’s obligations and has the consequences of disciplinary liability.
- Workers with irregular working hours can be called to overtime only occasionally. This means that a balance of work and rest should be respected. Excessive work every day is unacceptable.
- The legislation provides for additional leave for irregular working hours. Its minimum duration is three days. If desired, additional days for irregular working days can be replaced by appropriate compensation. To do this, the employee must submit an application.
- When an irregular regime develops, employees can be detained at work without overtime and, therefore, without paying this time at an increased rate.
- On rest days, this mode does not apply.
- An employer should not ensure that overtime hours per year are respected.
- In case of abuse by the employer, the employee has the right to complain to the labor inspectorate or go to court.This is stated in articles 352, 356 and 391 of the Labor Code. As a result of processing, overtime work may be recognized, and the employer will have to pay compensation for them. In addition, he may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Vacation accrual
As mentioned above, during processing, additional leave is provided for irregular working hours. However, the rules for calculating seniority are not provided for him. This usually takes into account:
- Actual period of work.
- The actual period during which the employee did not work, but he retained the workplace.
- Vacation period without pay.
But the following time is not included in the experience:
- Absence from work without good reason, including cases of suspension from work on the basis of Article 76 of the Labor Code.
- Holiday to care for the child.
It turns out that vacation is not related to attracting an employee to work overtime. Even if during the whole year there were no such delays at work, then he is entitled to additional days of rest. True, some employers deprive workers of appropriate leave in the absence of processing. However, due to the fact that he was among those who could potentially be involved in overtime work, he still has a legal right to additional days of rest.
How to get vacation or compensation?
Additional vacation days are provided according to the vacation schedule. Out of schedule, only certain categories of employees (beneficiaries) are entitled to take a vacation. These include single mothers, pregnant women, people with disabilities and minors. Usually an additional vacation joins the main.
According to the employee, instead of rest, it is possible to receive monetary compensation. It is compiled at random and served in the personnel department.
Conclusion
As can be seen from the above, according to many parameters, the employer has the right to independently interpret what an irregular working day is. This seems to be not entirely correct. The situation will change if you set a time limit for processing during the year.
It seems correct to establish a specific list of categories of workers for which this regime may apply. In addition, it is necessary to introduce a clearer concept. At the same time, a balance between the labor costs of an employee and additional leave can be achieved by establishing the ratio of overtime worked in proportion to the days of leave or monetary compensation. All these issues can be resolved through legal changes to irregular working hours and appropriate additions to the current provisions of the law.
In the meantime, it remains to rely on the integrity of the employer on the one hand, and the legal literacy of the employee, on the other. Moreover, the latter should not only possess relevant knowledge, but also, if necessary, apply them to protect their rights.
