An irregular working day in an employment contract is a model. Irregular working hours according to the Labor Code of the Russian Federation

Quite often you hear about the abnormal work of employees. This concept is rather narrow, but it is often confused with overtime work. We will analyze in more detail how the irregular working hours in the labor contract are regulated, a sample of such a document and other nuances related to this concept.

Features

Given all the features of labor in the Russian Federation, the concept of irregular working hours is often interpreted incorrectly, and in fact it is replaced with overtime work. Why it happens? Both concepts define a special operating mode, and this is an activity outside the established interval. The usual interval is set by the employment contract.

The irregular working day of the Labor Code of the Russian Federation defines as a specific regime that is associated with the performance of duties outside the established working time. In this situation, the citizen increases the amount of work and the duration of the working day, so there is a transformation of the irregular day into overtime.

If an establishment of an irregular working day takes place at the enterprise, this fact must be recorded in the employment contract.

Overtime or irregular day

The definition of overtime in labor law is more fully regulated than the concept of irregular work. Often, the workers themselves do not attach much importance to the difference between the concepts.

Often, various courts receive complaints from citizens who require payment from employers for worked overtime. But overtime work is performed only with the consent of the employee, with the exception of emergency situations that do not require such consent, and is payable. In addition, the law provides a time frame for such work. Therefore, payment of hours worked is considered the main point of difference between non-standardized hours and overtime hours.

An irregular working day of the Labor Code of the Russian Federation is considered a rather busy schedule, where it is unacceptable to involve an employee in overtime work. And in this case, the law does not establish monetary compensation for processing, but the possibility of using additional leave. But if the employee did not use this vacation, then, naturally, he will be paid monetary compensation. The following is how the irregular working hours are indicated in the employment contract (sample document):

For whom is installed

A government decree regulates the list of posts allowing an irregular day. These include:

1. Management team.
2. Employees of the technical and economic department.
3. Persons whose working time is not amenable to accurate calculation (this can include the work of a lawyer, for example).
4. Citizens who allocate time at their discretion (this may include working as a freelancer).
5. Citizens whose working hours are divided into parts of different lengths (these may be musicians, artists, etc.).

The heads of firms and individual divisions are the first contenders for the establishment of irregular working hours, as this is required by their immediate responsibilities. For such a working regime, the management team also relies on compensation in the form of leave, but the contract may provide for other compensations, which is not prohibited by law.

For civil servants and municipal employees, the irregular day is determined not by the Labor Code of the Russian Federation, but by federal laws. They also provide for types of compensation.

Government directors may also work on irregular schedules. For this, an employment contract must be signed with the director. An irregular working day in this case is also subject to compensation. In principle, the system of work and compensation for state institutions is no different from private companies.

Another category of workers who have an irregular schedule is drivers. The whole working day (its beginning and end) depends on a very large number of factors. Therefore, the organization must necessarily conclude an employment contract with the driver, whose irregular working hours should be fixed in order to avoid abuse of official duties.

Who is prohibited from this mode

According to the law, there are categories of workers who are strictly forbidden to use irregular working hours. These include:

• minors;
• training staff;
• pregnant employees;
• employees working half a day.

For some categories, a special operating mode is acceptable. But for this, the employer must obtain their written consent, and also indicate all the conditions of the irregular working hours in the employment contract. These employees include:

• persons with disabilities;
• persons who single-handedly raising a child after reaching the age of 14;
• women with children under three years old;
• Citizens who are guardians of minors.

How many hours

The total time at work is 40 hours per week. This is usually a 5-day workweek and an eight-hour day.

The Labor Code of the Russian Federation does not regulate the hours that an employee must work in an irregular mode, and the frequency of attracting an employee to such duties has not been established. That is why, in most private organizations, irregular day is used by managers to exploit the workforce of citizens for ordinary monetary remuneration without proper compensation.

Conditions

The main conditions for establishing such an operating mode include:

1. An irregular day is set for specific employees (in this case, consent is not necessary for this, exceptions were indicated above).
2. Responsibilities that are performed during an irregular period must comply with the direct duties of the employee.
3. An irregular regime implies an increase in the total amount of work, that is, the performance of labor duties outside of working hours, which in turn is consistent in the employment contract. Therefore, the employer is obliged to prescribe an irregular working day in the employment contract and familiarize the employee with this item.
4. The increase in the amount of work should be episodic and unsystematic.
5. The employee must receive additional guarantees, which are provided by law.

Employees working on irregular schedules are also entitled to weekends and holidays. Attraction to such work should be done on a common basis. And before signing any documents. The employee must look at an example of an employment contract with an irregular working day and find out all the nuances of such work.

Order of registration

It is necessary to use the non-standardized day regime at the enterprise, observing the following rules:

• the positions of all employees who have to work according to an irregular schedule are prescribed in the local act of the organization (these documents are accepted at a meeting of the organization’s union taking into account the requirements of the Labor Code of the Russian Federation);
• employees should familiarize themselves with this document for signature;
• the head issues an order to establish irregular working hours for certain employees, and an additional agreement to the employment contract is concluded with the employees themselves;
• if a new employee comes to the organization for a position where an irregular working day has already been set, this fact must be indicated in the employment contract (a sample of which was presented earlier).

Vacation

An irregular schedule should not affect the procedure for granting leave and its timing. Out of the schedule, only certain categories of workers can count on vacations: people with disabilities, single parents raising children, minors, and pregnant women. Also, part-time workers can expect a special situation when granting leave. For them, vacations at the main job and combining must coincide.

The main vacation should last as long as the rest of the employees. This is an average of 28 days. Extra rest time is provided as compensation for workers on an irregular schedule. The minimum by law is 3 days. Most days are not limited by law. As a rule, additional leave joins the main and paid.

If an employee goes on a business trip, then in this case, the employer pays the employee an average salary and compensates for all possible expenses. If the day of the trip falls on a day off, the employer either makes an increased payment, or compensates for this day with additional rest.

Nuances

So, there are a number of nuances regarding irregular working hours. An employment contract (a sample document is presented below) should reflect all the features of such work. In addition, remember:

1. The head does not have the right to attract employees to an irregular schedule if the functions performed are not part of the duties of a particular employee.
2. You can enter a similar schedule for an employee with an incomplete working week, and with an incomplete day - it is prohibited.
3. You cannot use an irregular schedule for all employees of the organization.

We hope you find this article helpful.