Irregular working day according to the Labor Code of the Russian Federation - what does it mean? What is an irregular working day.

Today we will talk about what is irregular working hours what this concept means, how it is applied in practice, what an employee who agrees to work in such conditions should know. Today, an irregular working day is a fairly widely used mode of work used in many enterprises of various forms of ownership, for many positions. What it is - more on that later in the article.

In writing this article, I will be guided by the provisions of the current this moment Labor Code of the Russian Federation. In other countries, the situation is very similar, but still I strongly recommend that you study your Labor Code and see what it says about this. In addition, in Russia, the provisions of laws may change, so study the current ones - this information may become outdated at any time.

As you already understood, the concept of “Irregular working day” is not just a set of words, but a term defined by law. In particular, in the Labor Code of the Russian Federation, article 101 is dedicated to him, which is called “Irregular working day”. The definition of this concept is also given there.

An irregular working day is a special mode of work in which individual employees, if necessary, by order of the head, can occasionally be involved in the performance of their official duties outside their working hours. At the same time, the list of positions that can work on irregular working hours should be specified in the collective agreement, agreements with employees or other regulatory act of the organization.

The concept of “Irregular working day” follows from the concept of “ overtime work”, which is defined in Article 99 of the Labor Code of the Russian Federation.

Overtime work- this is work performed by an employee at the direction of the employer outside the established working hours for him.

The Labor Code obliges the employer to keep a record of overtime worked by employees and provide the employee with compensation for such a mode of work in the form of extra days vacation (now - at least 3 days), and also sets limits on the duration of overtime work: in Russia it is no more than 4 hours for 2 days in a row, and no more than 120 hours a year.

However, it is important to know that employees may not be required to work overtime with an irregular day. Therefore, an irregular working day is one of the options for attracting employees to work overtime, but not the only one.

Let's highlight the main important points, which follow from the statutory definition of an irregular working day:

An irregular working day can be established only for individual employees of the enterprise, the list of which must be documented.
During irregular working hours, employees may be required to work outside their working hours, that is, these limits must be specifically established.
In order for an employee to work beyond his established working hours, there must be a corresponding order from the head.
In excess of the established time, an employee with an irregular working day works only if necessary and occasionally, and not constantly. Moreover, there are time limits for such work.
When working overtime, the employee must perform his official duties rather than doing any other work.
Overtime work should be taken into account and compensated in the form of additional vacation days.

In our realities, for irregular working hours, employers often try to give the option “to work as long as necessary without any additional payment and restrictions,” but this has nothing to do with labor legislation, moreover, it is a direct violation of the Labor Code and the rights of workers.

Also, quite often, employers comply with labor laws in terms of irregular working hours, let's say, partially. For example, they do not always keep records of overtime work, as a result of which it goes beyond the legal restrictions, is not fully paid, and additional vacation days are not provided for it. It should be noted that such violations are one of the favorite moments of inspectors when carried out in organizations where overtime is used.

The condition of an irregular working day must be indicated in the employment contract signed with the employee (or in the collective agreement for a specific position). In addition, the contract must indicate the boundaries of working hours during normal work, not going beyond the norms of the Labor Code.
When working on an irregular working day, overtime work is carried out in most cases by verbal order of the supervisor, while during the normal work schedule, overtime work requires a written order.
If an irregular working day is set for an employee, then he does not have the right to refuse to perform overtime work, and if not, then he has. In some cases, in normal mode, it is required written agreement overtime worker.
If an employee works as usual, then there must be clear reasons for involving him in overtime work, provided for in the article of the Labor Code on overtime work. With an irregular working day, there must also be a justification for overtime work, but it can be any, not necessarily indicated in the article of the Labor Code.
Under the normal regime, overtime work is paid at one and a half and double the rate, and in case of irregular working hours, compensation is provided for it in the form of additional days of vacation.
In both cases, overtime work must be taken into account, and its duration should not exceed 4 hours for 2 consecutive days, as well as 120 hours per year.
In the normal mode of work, the employee gets the right to take additional days off instead of paying overtime, and with irregular working hours there is no such possibility, in addition to the additional days of vacation officially granted to him for working in this mode.

Thus, it can be seen that the irregular working hours have their drawbacks in comparison with the traditional work schedule and the need to work overtime. I don’t see any significant advantages, except for additional vacation days, but in my opinion, it would be more interesting for an employee to receive an increased payment for the worked overtime.

From this we can conclude: an irregular working day is more beneficial for the employer than for the employee, since it is an opportunity to use the employee's work after hours with minimal losses (3 additional days of vacation at a minimum are not comparable to 120 hours at a maximum of overtime work).

And, of course, we must not forget that hiding behind the term “non-standardized working hours”, employers often resort to literally merciless and unlimited exploitation of their employees, which is contrary to the norms of labor legislation, where this concept has a clearly defined meaning.

And despite the fact that in conditions of a significant excess of supply work force over the demand for it, employers will always dictate their terms and adhere to the position “if you don’t like it, no one is holding it, there are still such queues”, I am for employees to know their rights and be able to defend them. In particular, this also applies to irregular working hours: by subscribing to such conditions, you must clearly understand what they mean under the current labor legislation and demand compliance with them in relation to yourself. This is your legal right and should not be ignored.

That's all. Now you have an idea of what an irregular working day is, and it will never be superfluous. Stay with us and improve your financial literacy. See you on the site!

Irregular working hours - what does it mean? The answer to this is relevant for the parties employment contract the question will be given in our article. In addition, we will give examples from law enforcement practice, as well as a sample wording of the relevant condition in an employment contract.

Irregular working hours: application features

According to the peculiarities of the Russian labor community, the concept of an irregular working day (hereinafter referred to as the N / R day) is used quite often in practice, but, as a rule, is incorrect. In fact, the concept of n / a day is replaced by another common definition - overtime work. Why this happens, we will tell further.

Both n/r day and overtime work are special working hours. This is work outside the established duration. The usual interval of working hours is determined at the conclusion of an employment contract (that is, it corresponds to a specific position and profession and is agreed upon by the parties to the contract).

IN Labor Code of the Russian Federation irregular working hours(Article 101) is defined as a specific regime associated with the performance of work outside the standard working hours.

Since, under this regime, the employee’s work volume and working hours increase, this is what both the employee and the employer focus on, the above features are missed, and the daily regimen turns into overtime work.

Irregular working hours or overtime work

The concept and regulation of overtime work in the Labor Code of the Russian Federation is more complete than in the daytime. And employee personnel service enterprises, and even the employee himself, often may not attach much importance to the difference between these 2 types.

Various courts in Moscow and the Moscow Region receive a lot of appeals from employees demanding payment for work performed as overtime (appeal rulings of the Moscow City Court dated September 28, 2015 in case No. 33-35352 / 2015, dated April 24, 2015 in case No. ).

However, overtime work is not only performed by the consent of the employee, expressed in writing (emergency cases when consent is not required, are defined in Article 99 of the Labor Code of the Russian Federation), but is also subject to monetary compensation. The law also sets time limits for such work.

Important!Extra pay for hours worked is the main difference between working hours and working overtime.

IN Labor Code irregular working hours is defined as a too busy schedule and it is not allowed to involve an employee with such a schedule also in overtime work. The legislator defined compensation for processing in this regime in the form of paid leave, and not in monetary terms.

This circumstance does not prevent the employee from receiving monetary compensation in case of non-use of additional leave. The amount of compensation for unused vacation over 28 days can be taken into account by the employer in the costs when calculating income tax (see letter of the Ministry of Finance of Russia dated 12/15/2010 No. 03-03-06/2/212).

Who sets an irregular day

Decree of the Government of the Russian Federation "On approval of the rules for granting annual additional paid leave to employees with irregular working hours in federal public institutions» dated 11.12.2002 No. 884 as amended on 30.09.2014, it is permissible to apply in terms of determining the categories of positions for which an n/r day can be established. This:

management team;
technical and economic personnel;
persons whose work during the working day cannot be accurately recorded (in some organizations such employees are lawyers);
persons who distribute work time at your own discretion (freelancers);
persons whose working time is divided into parts of indefinite duration due to the nature of work (for example, artists, musicians, etc.).

Who is not allowed to work irregular hours

It is necessary to dwell on the categories of workers who are not allowed to establish such a work regime. The legislator has not defined a detailed list, however, to ensure the labor rights of workers, it is permissible to apply the norms by analogy (Articles 97, 99 of the Labor Code of the Russian Federation).

The n / a day mode is not set:

For minors.
workers during training.
pregnant workers. We are talking about the initial introduction of this mode. If an employee who is expecting a child occupies an appropriate position, it is permissible to conclude an additional agreement with her to the employment contract that a standard working day is set for her for the specified period. The exclusion of this position from the general list is not required.
Part-time workers.

It is permissible to introduce a special regime for the following categories of persons (initially, a written consent of such persons is required to establish an irregular working day regime, as well as, in some cases, a medical certificate):

workers with disabilities;
persons who are raising a child alone until they reach the age of 14;
women with children under 3 years of age;
guardians of minors.

Irregular working day is how many hours

The normal working time in the Russian Federation assumes a 40-hour working week (Article 91 of the Labor Code of the Russian Federation). Most organizations have a 5-day work week and an 8-hour work day.

Labor legislation does not regulate the maximum number of hours that an employee can work in an irregular mode, as well as the frequency of involvement in such work. In connection with this state of affairs, the day is used by an unscrupulous employer as an excuse to exploit employees who are forced to do more work for the usual remuneration.

Compensation in the form of annual leave (additional and paid) does not depend on whether the employee was involved in work in the appropriate mode during the year or not. Leave is granted in any case.

Conditions for establishing an irregular working day

The conditions for establishing the regime are as follows:

n / a day is set for specific employees (the consent of the employee is not required);
work performed in an irregular period must correspond to the labor function of the employee;
it implies an increase in the total amount of work (performing a labor function outside the working hours, agreed by the parties in the employment contract);
the increase in the volume of work is episodic and non-systematic (Rostrud letter dated 07.06.2008 No. 1316-6-1);
the employee receives additional guarantees provided for by law (for example, additional paid leave of at least 3 days, article 119 of the Labor Code of the Russian Federation).

Workers with an n / a day, like the rest, do not work on weekends and holidays. Their involvement in the performance of labor duties these days is carried out on a general basis with additional payment, unless otherwise specified in the local documents of the organization.

The procedure for registration of an irregular working day in an employment contract (sample)

The procedure for the introduction of the daily regime at the enterprise and its establishment for employees is as follows:

The positions of employees who may be offered a day-to-day regime are determined in a collective agreement, agreement or local regulatory act adopted taking into account the opinion of the trade union (in cases specified in the Labor Code of the Russian Federation).
Employees get acquainted with this local normative act against receipt.
An employer's order is issued to establish an n / a day for specific employees and an additional agreement is concluded to the employment contract.
If an employee first comes to work in a position where it is necessary to work in the daytime mode, an employment contract is immediately concluded with him with the appropriate condition.

Thus, it is not only possible, but also necessary to set an n / a day in an organization for certain categories of workers (for example, if it is impossible to calculate the amount of work). However, in order to exclude possible disputes, it is necessary to follow the procedure for introducing this special labor regime, including explaining and reminding the employee about the features of such a regime, the conditions for remuneration for work, since the legislation provides for administrative liability of the employer for violation of the procedure for establishing a working day.

New edition Art. 101 Labor Code of the Russian Federation

Commentary on Article 101 of the Labor Code of the Russian Federation

An irregular working day is a special mode of work, according to which individual workers may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside normal duration working time. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

The peculiarity of the considered mode of work of time is that the employee is subject to the general mode of operation of the organization, but may be delayed at work at the request of the employer to perform his work duties in excess of the usual work shift or be called to work before the start of the working day.

It should be noted that employees can be involved in work with irregular working hours only to perform their labor functions, which they must perform under an employment contract. Therefore, it is not possible to oblige the employee to perform any other types of work, including outside the normal working hours.

The Labor Code of the Russian Federation establishes that an irregular working day is established only for certain employees included in special list(it is attached to the collective agreement or internal regulations in force in the organization). This list can also be established in industry, regional and other agreements.

Irregular working hours may be applied to administrative, managerial, technical and economic personnel; persons whose work cannot be accounted for in time; persons who distribute time at their own discretion; persons whose working time, by the nature of the work, is divided into parts of indefinite duration.

It should be noted that, applying the rules of Article 101 of the Labor Code of the Russian Federation, the employer must not obtain the consent of either the employee himself or the representative body of employees to attract (on days of production necessity) employees to work in excess of the established working hours. This right of the employer is already provided for in the terms of the employment contract. The employee is not entitled to refuse to perform such work. Otherwise, there is a gross violation labor discipline. Note that this article contains a definition of irregular working hours, which states that in accordance with this mode of work, employees can be involved in the performance of their labor functions outside the established for this employee working hours.

The establishment of an irregular working day does not mean that these workers are not subject to the basic norms of labor legislation on the norms of working hours and rest time. Therefore, involvement in work outside the length of working time established for them cannot be systematic.

Since irregular working hours require certain overwork in excess of normal working hours, the Code, as compensation, provides that employees with irregular working hours are granted additional annual paid leave, the duration of which is determined by the collective agreement or internal labor regulations. In the event that such leave (at least three calendar days) is not provided, processing in excess of the normal working hours is compensated with the written consent of the employee as overtime work (Article 119 of the Labor Code of the Russian Federation).

Another commentary on Art. 101 of the Labor Code of the Russian Federation

1. The peculiarity of the irregular working day regime is that the employee can, at the request of the employer, perform his labor duties outside the working hours established for him in accordance with the Labor Code, other federal laws and other regulatory legal acts Russian Federation, collective agreement, agreements, local regulations, labor contract. In Art. 101 of the Labor Code of the Russian Federation emphasizes that such processing is allowed only if necessary and should not be systematic, but episodic.

2. The list of positions of employees with irregular working hours usually includes employees:

a) whose work during the working day cannot be accurately recorded;

b) distributing working hours at their own discretion;

c) the working time of which, according to the nature of the work, is divided into parts of an indefinite duration.

3. In the event of an irregular working day, processing in excess of the norm of working time established for the employee is not considered as overtime work, since in this case the very nature of the work implies the possibility of processing, which, moreover, as a rule, cannot be accurately accounted for. In this regard, compensation for overtime during an irregular working day is carried out not according to the rules relating to overtime work, but by providing additional leave (see Article 119 of the Labor Code of the Russian Federation and commentary thereto).

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Article 102 of the Labor Code of the Russian Federation. Work in flexible working hours ›

Article 101 of the Labor Code of the Russian Federation. Irregular working hours

Article 101 of the Labor Code of the Russian Federation with comments and changes for 2016-2017.

Irregular working hours - a special mode of work, in accordance with 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.

Commentary on Article 101 of the Labor Code of the Russian Federation:

1. Article 101 of the Labor Code of the Russian Federation establishes the concept of "non-standardized working day". The main features of irregular working hours are:

work outside the established working hours. There are no restrictions on the duration of work of persons working part-time (Article 284 of the Labor Code) in 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);
involvement in 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 shop);
involvement in work outside the established working hours is episodic, 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 regulatory act, adopted taking into account the opinion of the representative body of employees. Employee representatives in the social partnership are trade unions, therefore, the adoption of a local regulatory act is carried out by the employer in the manner prescribed by Art. 372 TK.

The consent of the employee to be involved in such work is not required. At the same time, the employer is not entitled to entrust him with the performance of work not determined by his labor function.

2. According to Art. 119 of the Labor Code, employees with irregular working hours are granted annual additional paid leave.

3. Rules for granting 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), established that the list of positions of employees with irregular working hours includes managerial, technical and economic personnel and other persons whose work in the course of the working day cannot be accurately recorded, persons who distribute working time at their own discretion, as well as persons whose working time is divided into parts of indefinite duration due to the nature of work.

What is the difference between non-standard work and overtime work? Which employees should set irregular working hours? Who is entitled to additional leave and what is its amount? What nuances should be taken into account when introducing an irregular regime?

The management of any company is happy for its development and promotion in the market. Taking the organization to the next level and its further growth largely depends on the staff who work in it.

Accordingly, in modern conditions business, employers want to see in their employees not only knowledge, experience, qualifications, ingenuity, responsibility and others business qualities, but also the willingness to "live" work. After all, no one is immune from the occurrence of any problems or issues that need to be urgently resolved. Also very often there are situations when the deadlines are “burning”, and whether you like it or not, you need to be on time, etc.

For these reasons, employers are increasingly setting employees an irregular working day, which for many organizations is preferable to. Since it is possible to involve an employee in overtime work only with his consent, and the employer is also obliged to document each such case. At the same time, according to, the duration of such processing cannot exceed four hours for two consecutive days and 120 hours a year. Increased compensation must be paid for overtime (for the first two hours in one and a half times, for the following hours in double) or, at the request of the employee, additional days of rest are provided.

What is non-standard mode?

It is important to know

If an irregular working day is set for an employee, then work in excess of the established working hours is not reflected in the time sheet.

Note to HR

To set a non-standard working day mode in an organization, you need to perform the following steps:

justify the introduction of the regime;
determine the list of positions of employees;
fix the regime and the list of positions in the local act;
include conditions on irregular working hours, on guarantees and compensations in the employee's employment contract;
draw up separate orders for each position or employee who will have to switch to irregular working hours, and familiarize each employee with them.

If a special working regime is established for an employee who is already working, then he must also be familiarized with the list of positions and the procedure for engaging in work in irregular mode. In addition, it is necessary to conclude an additional agreement with him to the employment contract, which will change the working hours and establish compensation. The agreement must contain the following information:

date, number and place of detention;
name of company;
position and full name employee;
details of the employment contract to which changes are made;
new terms added to the contract.

Next, the employer must issue an order to establish irregular working hours for specific employees. The document is drawn up in any form, but it must indicate the date, number, place of publication, name of the organization, from what date and to whom the irregular working hours are established, the number of days of additional leave.

As soon as all documents are drawn up, the employer, if necessary, has the right to give orders to the employee that it is necessary to stay late and finish the work.

Nuances

Despite the attractiveness of this regime, its use is still due to some features that employers often do not focus on. This can lead to conflicts with employees. In order to avoid this, the employer should remember the following nuances.

Firstly, the employer is obliged to provide the employee with additional days of annual paid leave, even if this employee has never been involved in work after the end of the working day. Since the provision of additional leave does not depend on the mandatory availability of overtime, but on the very fact of establishing an irregular working day for the employee (letter of Rostrud dated May 24, 2012 No. PG / 3841-6-1).

Also, the employer independently determines the amount of additional leave, which cannot be less than three days. Labor legislation does not contain restrictions on the maximum number of days of additional leave.

note

The employer may not formalize the irregular working hours in the organization, but still systematically involve employees in work outside the established working hours. In this case, the authorities that carry out supervision and control in the field of labor or the judiciary will be able to consider this as overtime work, for which appropriate compensation is due.

It should be noted that for the purposes of taxation of profits, expenses for paying for additional annual leave of at least three calendar days are taken into account in actual amounts, unless the procedure for granting such leave provided for by the current legislation of the Russian Federation is violated (letters of the Ministry of Finance of Russia dated January 28, 2005 No. 03 -03-01-04/1/38, January 13, 2006 No. 03-03-04/2/5, December 20, 2006 No. 03-03-04/1/846, January 29, 2007 No. 03-03-06/4/6).

Secondly, on the basis of the provisions of labor legislation, employees under the age of 18, pregnant women, disabled people, women with children under three years of age, fathers raising children without a mother, etc. cannot be involved in irregular work. where such employees work may be included in the list of positions for which irregular working hours are introduced. In this case, the employer simply does not need to establish an irregular regime for these employees.

Thirdly, if an employee has a part-time job, then it is also possible for him to set an irregular working day. Thus, Rostrud, in a letter dated April 19, 2010 No. 1073-6-1, explained that before the amendments to Article 101 of the Labor Code (until October 6, 2006), when determining an irregular working day, it was about the possibility of engaging in work outside the normal working hours. Therefore, part-time workers, in accordance with the current version of the Labor Code at that time, could not be assigned irregular working hours. However, taking into account changes Article 101 of the Labor Code provides that part-time workers are not prohibited from setting irregular working hours.

Fourth, as mentioned above, the employer can give the employee a verbal order that it is necessary to stay late. However, in order to avoid controversial situations(for example, an employee ignores verbal orders) such an order is best made in writing in any form.

Fifthly, this regime does not give the employer the right to engage employees without their consent. This is due to the fact that days off are provided to all employees, regardless of the working regime, and they can be involved in work on weekends and holidays only with their written consent (,). At the same time, such work must be paid at least twice the amount, or, at the request of the employee, he may be given another day of rest.

L.F. Shtatnova, expert in labor law, for the Normative Acts magazine

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Article 101 of the Labor Code of the Russian Federation is devoted to irregular working hours. But nevertheless, this concept raises many questions due to vague legal wording and frequent confusion with the concept of "overtime".

Irregular working hours - what does it mean

The wording in the labor code of the Russian Federation

Irregular working hours - a special working regime in which individual employees occasionally, not constantly, can be involved in the performance of their labor functions in excess of the order of the management.

Video - irregular working day according to the Labor Code of the Russian Federation - what does it mean (legal commentary):

In this case, the consent of the employee is not necessary, since the condition of an irregular day in without fail fixed in his employment contract. Such revisions should not occur regularly, but only when absolutely necessary or urgent (for example, preparing for a tax audit or handing over a project).

To whom and to what positions applies

It is the responsibility of the employer to approve the list of positions of employees with irregular working hours. Employees working in these positions are allowed to be involved in work outside of working hours. These positions are prescribed in the internal documents of the organization.

Typically, the list includes the following categories of workers:

administrative, economic, technical personnel;
employees whose working hours cannot be accurately recorded and calculated (consultants, agents, etc.);
employees who independently regulate their work schedule;
employees whose working time is divided into segments of indefinite duration.

An irregular working day is how many hours a week?

The current labor legislation, unfortunately, does not define the maximum number of hours of processing in this working mode.

Out-of-hours involvement of employees is allowed both before and after normal working hours for as long as the management needs.

The main thing is that these attraction do not turn into a system, but are used only when it is really required.

How is it compensated

Increased workload and involvement in work outside of working hours compensated by providing the employee with at least three additional paid vacation days.

The duration of the additional is allowed to vary depending on the position held, the degree of workload, the amount of work, etc.

ATTENTION! The fact of providing additional vacation days has nothing to do with the actual cases of processing. Even if during the working period the employee was never involved in work outside of working hours, he is entitled to additional leave in any case in full.

At the request of the employee, it is possible to replace additional vacation days with monetary compensation calculated on the basis of average monthly earnings. At the same time, the law does not oblige the employer to pay compensation, that is, he can refuse it and send the employee on vacation.

Video about compensation for irregular working hours:

Organizations are allowed to introduce additional types of compensation for an irregular day, fixing them in the internal documents of the organization.

Registration procedure

If the employer decides to introduce irregular working hours for some positions, then the registration procedure will be as follows:

The employer needs to determine and approve the list of these positions, make appropriate changes to the internal rules labor regulations and collective agreements.
Familiarize yourself with a list of all employees who are affected by the changes. Employees must be notified by order of a change in the working regime at least two months in advance, while an additional agreement to employment contracts is issued and signed without fail. Newly hired employees for these positions immediately sign an employment contract containing the condition of an irregular day.
When an employer needs an employee to work beyond his working hours, he notifies him of this. Labor legislation does not define the form of the order (notice) in any way, that is, both oral and written forms (order) are allowed. In practice, it is more expedient to use written orders in order to avoid possible disputes.
The employer is developing a document in which overtime hours will be entered, since employees with this work mode are not shown in overtime.

Nuances to be aware of

Management should not engage employees with irregular hours over the schedule to perform functions that are not part of their job responsibilities.
Irregular working hours are allowed to be introduced for employees with a part-time work week and, on the contrary, are prohibited for part-time workers.
Such workers, like the rest, do not work on weekends and holidays. Involving them in the performance of labor duties these days is carried out on a general basis with an additional payment, unless otherwise specified in the local documents of the organization.
It is forbidden to enter an irregular day for all employees of the enterprise.

Irregular working hours and overtime - differences

At first glance, it may seem that these are identical concepts, which is why they are so often confused. The main distinguishing features and difference between irregular working hours and overtime work are presented in the table:

For whom it cannot be installed

Norms labor law they do not give a specific list of persons who should not be given this mode. However, a cumulative analysis of articles 97, 99 and 101 of the Labor Code of the Russian Federation allows us to conclude: it cannot be established for employees who are prohibited by law from engaging in work outside working hours.

Thus, it is forbidden to leave for overtime work, and, consequently, to introduce an irregular day regimen:

pregnant employees;
underage workers;
workers during apprenticeship.

Restricted (requires mandatory written consent and the absence of medical contraindications) involvement in overtime work, and, consequently, the introduction of an irregular day for:

persons with disabilities;
women with children under 3 years old;
single fathers;
guardians of minors.

Where to contact if the employer abuses irregular working hours

Legislation does not limit the time and frequency of overtime for employees with an irregular day. Because of this, in practice, employers often abuse this regime - overtime becomes not episodic, but systematic, and some do not introduce an irregular day at all and do not pay for overtime work.

If during the inspection the labor inspectorate establishes that the overtime was of a regular nature, the employer may be fined and obligated to pay them as overtime work.

However, the inspector can issue an order for this only in the event of a gross obvious violation, therefore, in this case, it is recommended to apply to the courts to resolve a labor dispute.

Summary

In fact, an irregular working day is episodic, irregular processing. The main features of such a working regime are that the employer, out of real necessity, has the right to demand that the employee stay late after work or come to workplace earlier .

It is not required to obtain the consent of the employee each time, since he has already agreed to such an operating mode when signing the employment contract. At the same time, the law does not regulate either the duration or the frequency of such processing. Compensation for them is the provision of additional paid leave.

Video about irregular working hours and overtime work:

Discussion (20 )

I work in the north in an oil company in the city of Noyabrsk. The impudence of this company is very great and endless. We work with an irregular working day, in fact it turns out that at 5:50 in the morning I woke up, at 6 in the morning I left for work, and arrived only at 22 o’clock and it’s good if I arrived at all! They can leave it for a day (if some serious well does not work). To be honest, I am very tired of this, the family does not see the house, it does not affect the salary in any way. I don't know what to do.. can you advise something..

Can irregular working hours be applied to road workers? After all, people already work all daylight hours, but before they were paid for processing hours, and now, if I understand correctly, a person will work 12 hours a day for 3 additional paid days for vacation?

It seems to me that today's lawyers do not really understand what an "irregular day" is. This concept comes from the Soviet Labor Code. I once read a commentary by a Soviet specialist. In the word “non-standardized”, the word “norm” does not define the norm of working time (8 hours), but the range of duties that cannot be standardized. For example, a cleaner has to clean 300m2 per shift, i.e. her day is normalized (the norm is 300 m2), the driver must make 10 trips per shift, the watchman must guard the facility for 15 hours per shift (the shift can be more than 8 hours), here the work rate is determined by the duration of the shift, etc. There are a lot of such jobs, where the duration of the shift is the norm of work, the shifter comes - your norm is fulfilled. But it is impossible to calculate how many calls the boss (deputy, accountant, engineer, etc.) will make, how many will solve issues, resolve situations, and receive people. Their work rate cannot be calculated, so they have an irregular day. Moreover, this irregular day may not last 8 hours at all, but much longer, until the necessary responsibilities. An irregular day is a special mode of work in which the main thing is not working time, but the nature and volume of work. But this does not mean that when I want, then I come and go, no one canceled the work schedule. TC and enterprises must compensate for overtime, nerves, inconvenience associated with an irregular day (additional vacations, time off, bonuses). Overtime, logically, can only be for a normalized day. Overtime is over the lesson, i.e. above the norm. But nowadays everything can be turned upside down.

I believe that such behavior of employers is largely due to the fault of the employees themselves, who do not know their rights and live with the feeling that the employer is almost a “master”. I understand that many people are afraid of losing their jobs, but as long as we remain silent, like a flock of sheep, nothing will ever change. What is this "wording" forced to stay until night every day"? But you do not stay, and refer to the Labor Code of the Russian Federation, which nevertheless states that engaging in work on an irregular working day should be episodic. What does "if you don't like it, quit" mean? To fire a person, very serious work is needed, and for illegal dismissal, the employer may face serious consequences (unless, of course, the person is “silent in a rag”). Dismissal by own will happens only at the request of a person, it is your right, not an obligation. And if they tell you to quit, you can answer that you don’t have such a desire, of course there is, if you are undisciplined and do not fulfill your duties, then, if there is evidence, you may be fired, but if you are a conscientious and disciplined employee, you have nothing to fear . I believe that everyone should fulfill the duties assigned to them both by the employee and the employer, and it is not worth “tolerating” the bestial attitude of the employer.

My husband works as a driver with an irregular working day. The daily working day is 13-14 hours or more. the deputy head must be taken to work and from work there are no orders about what to take home and to work. The enterprise is state-owned. The only excuse you don’t like is quit. And God forbid, an accident due to overwork and who will be responsible?

My employer generally believes that an irregular working day is 12 hours of work every day instead of 8 hours. Daily! If you have worked at least 10 hours, then already claims. That is, for the employer, this hole in the law in the form of a lack of a clear understanding of exactly how many hours is a loophole not to hire and not pay for another employee, whom the employer would have to hire if there was order with this norm in the Labor Code of the Russian Federation. In fact, it turns out that one employee works for two, and receives only three days of vacation. Moreover, as a rule, he receives vacation only on paper.

Until 2009, for irregular hours, I was given time off or compensated with money, and I could also take extra days for vacation - I always had a choice. Since 2009, the head has changed and it began: I work according to an irregular schedule (order), there is not a word about the deputy in the collective agreement at all. I approached the management - they shrug their shoulders, they say they don’t know anything. And in addition, the guardian of a minor child. Should I go to the prosecutor's office or somewhere else? And what documents to provide?

Yes, the fact of the matter is that it will be difficult to prove the employer's abuse of the "irregular day". In TK, everything is very vaguely described in this part. An employee is involved episodically - how many times a week or a month and how many - for an hour - for two or 5 hours ??? Under what circumstances employees can be involved is also not spelled out. Also faced with processing in the organization. We generally do not mark the actual processing in the report card. worked 10-11 hours, all the same 8 put.

It would seem much easier, there is a law, but unfortunately the basis has not been thought out, apparently on purpose. Thus, the employer benefits for himself, why hire additional employees when you can get by with the staff that you have by adding 3 days to your vacation, but what processing. I believe that if the additional vacation is 3 days, then the processing time should not exceed (8 hours * 3 days \u003d 24 hours / 1.5 \u003d 16 hours, the calculation is made according to the principle of calculating payment for work performed from / lesson) 16 hours per year. in this case, human rights in payment will not be infringed.

It is a pity that it depends on the employer how to compensate irregular days. I think that many additional vacation days would be replaced with monetary compensation, although the employer often sends me on vacation.

The provision of additional holidays for irregular working hours at our enterprise is prescribed in the collective agreement and there are no disputes or problems.

Irregular working day, all the time was interpreted as the need to perform a certain amount of work responsible employee assigned to him job description, and not the right of the manager to involve the employee in overtime work, it is not clear for what reasons. That is, if you are the deputy director for economic issues, then all issues related to this position must be completed. This kind of worker, as a rule, determines the time of its implementation, regardless of the established routine at the enterprise.

With the appearance of this article in Labor Code many managers have "untied" their hands, now they are squeezing the workers to the fullest. And my vacation was due, and without additional increases, I didn’t even always manage to completely take a break.

I didn't even know about the three days of vacation. The boss always says - you have an irregular working day if you need to stay at the end of the working day. And he forgets to add three days to his vacation. Now I will remind him of this when I go on vacation.

Unfortunately, I also faced the problem of irregular working hours. Went to work with maternity leave in advance (at the request of management), the child was at that time 2 years old. Almost immediately, requests began to stay, to linger, I didn’t know how to deal with them. As a result, I had to quit, because the child will not sit in the kindergarten until 9 pm, and no one pays me for these overtime hours. Therefore, everyone has their own choice - to plow like a horse, or still leave yourself time to live.

In Russia, such concepts as irregular working hours and overtime work are distinguished only in large organizations. In small and medium-sized businesses, such concepts do not exist at all. At first it is a request to go out after hours / stay late, and then it becomes a duty. Workers will be indignant, but not a single one will turn to the labor inspectorate. And as they say: if you don't like it, quit. Here they are silent and "plow".