Irregular work. Irregular working hours according to the Labor Code of the Russian Federation - what does this mean? How are irregular working hours established in an enterprise?

The term “irregular working hours” came into the modern Labor Code from its predecessor Labor Code. But today it has a completely different meaning.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

This, as well as some ambiguities in the wording, leads to various misconceptions. And they can easily result in abuse of rights.

Let's try to figure out what the legislator had in mind.

general information

The main document regulating relations in the field of hired labor is the Labor Code.

It is in it, in Art. 101, a definition of irregular working hours is given. And in Art. 119 provides for compensation - additional leave. The Labor Code also provides for the participation of employees in compiling a list of positions for which this regime is provided (Article 101 of the Labor Code).

The definition is contained in Art. 101 TK.

From it it becomes clear that an irregular day is one of the operating modes.

This is its fundamental difference from similar overtime work. Similar because it allows work outside the working day, but occasionally. And only by some employees.

What does “occasional” mean in this case and who are some of these workers? Let's take a closer look.

What does it mean?

If there is an irregular working day, then it is completely logical that there is also a normal working day.

Its duration is given in Art. 91 TK.

But there are only two ways to force an employee to work longer: overtime or in a special regime - irregular hours, which is introduced:

only for individual employees, and not for the organization as a whole;
the list is determined in advance, and not invented on the fly;
out of necessity, and not at the request of the authorities;
occasionally rather than on an ongoing basis;
to perform their job function, and not additional work.

Since the work is supposed to be done outside of normal working hours, the employee will have to compensate for this inconvenience.

The employer must determine who exactly will have to work in this mode in agreement with the employees - more precisely, with the elected body (trade union) representing their interests.

The manager is required by law to formalize the use of such a regime as an irregular day.

That is, create and approve by order a list of positions where employment is allowed (having received the opinion of the trade union committee on this matter), familiarize the workers. And also determine whether there is a need for employees to be at work after the end of their working day.

A written order is issued signed by the director (not to be confused with an order on overtime work).

Before concluding a contract, the employer discusses the work schedule with the job seeker.

He is also obliged to take into account the working hours of employees. And compensate for this mode of operation (Article 119 of the Labor Code).

If there is an objective need to introduce an irregular time regime, then all the requirements of Art. 74 TC procedures.

How many hours is this?

Another difference between irregular hours and overtime work is the absence of clear time frames.

With overtime, everything is simple and clear: a maximum of 120 hours per year, no more than four for two days in a row (Article 99 of the Labor Code). Plus the increased cost of processing time.

For non-standardized time, no boundaries have been established. How such concepts as “occasionally” and “as necessary” are not disclosed. It is clear that this means quite rarely and only in exceptional cases.

Such vagueness of wording provides room for abuse by employers. There is no exact number of hours in the law.

Who can install it?

Positions for which irregular working hours may be established must be specified in the local regulations of the organization.

An approximate list of positions and professions to which an employer can offer such a work regime:

administrative, management and business personnel;
workers whose work is not subject to temporary recording;
persons with a free schedule;
workers with a split working day.

Managers

Heads of both departments and organizations are the first candidates for establishing an irregular day. Their special duties require this.

Labor legislation does not insist on the mandatory introduction of such a regime for private companies. This is done at the discretion of the founders.

Just like other employees, the manager is entitled to compensation for this regime - additional leave. However, the contract may include other bonuses.

The law does not prohibit this.

Civil servants and municipal employees

The introduction of irregular hours, as well as other aspects of the work of this category of workers, is regulated not by the Labor Code of the Russian Federation, but by special laws. They also provide compensation for such a working day.

Directors of government agencies

The first people this act requires to work long hours are management personnel.

This regime is formalized for directors of government agencies in the same way as for heads of private companies - through an employment contract.

Drivers

The need to introduce irregular hours for drivers is determined by the specifics of their work.

The beginning and end of work depend on too many factors to be rigidly fixed. At the same time, a rigid schedule can lead to abuse of rights on the part of employees.

And then the manager will have to pay for huge amounts of overtime.

Other categories of employees

Most often, irregular hours are used to regulate the work of creative and teaching workers.

Their work schedule cannot be rigid due to the specifics of the profession.

This mode is also convenient for remote workers. Most of them arrange their work schedule at their own discretion.

This point must be specified when signing an employment contract.

In what documents of the organization is it stated?

A list of positions (professions) for which the employer considers it necessary to introduce an irregular day may be included in the Internal Labor Regulations. Or it is issued as an appendix to this document.

It looks something like this:

Also, the provision for establishing a special working regime must be included in the employment contract. Or it is formalized by an additional agreement later.

Example:

The provision for the introduction of irregular hours may also be included in the collective agreement. Then the list of employees will be an appendix to this document.

And it is formatted like this:

How to set irregular working hours?

Setting up this mode is quite simple.

You just need to follow a number of rules and draw up the necessary documents. Otherwise, there will be a reason for unfairly imposed penalties, incorrect payment and labor disputes.

General rules

As a general rule, it is mandatory to obtain employee consent to work irregular hours.

In addition, it is worth remembering that this mode works:

only for employees from the list;
occasionally, that is, quite rarely;
by order of the manager, preferably in writing;
only if necessary;
with subsequent compensation.

Documenting

The introduction of the regime can be formalized by the following documents:

a list of relevant positions in the form of an order, annex to the PVTR or;
special provision on irregular working hours;
orders approving the introduced provisions;
employment contract or .

Sample documents are given below.

Order (sample):

Regulations on irregular working hours:

Accounting

The law does not provide for additional payment for the time an employee spent at work during an irregular day. The only thing he is entitled to is additional leave.

This makes it easier to track working hours.

How to show it on the timesheet?

The timesheet of an employee with irregular hours does not reflect the time actually worked, but the norm.

For example, accountant Petrova has 8 hours; and for a university teacher - 6 hours. Overtime under this regime is not paid for, so there is no need to reflect it separately.

How to keep a log book? (sample)

The accounting journal, unlike the time sheet, is not a mandatory document.

The need to conduct it is determined by the organization itself. However, it is this document that allows the manager not only to monitor the execution of his orders. It makes it possible to control the amount of overtime in order to prevent irregular days from turning into daily overtime without pay.

The completed log looks something like this:

Vacations

Irregular working hours do not in any way affect the order and timing.

Like all employees, employees with special regime go on vacation according to a schedule. It is compiled at the end of the year and made available to the general public.

Only preferential categories of employees can count on unscheduled leave: pregnant women, single parents, disabled people and minors. Part-time workers are also in a privileged position.

For them, vacation at their main and additional jobs coincides.

Basic

This rule also applies to employees with irregular hours. They are also entitled to compensation for all expenses.

If part of a business trip falls on a weekend, then either increased pay is made or an additional day of rest is provided, like other employees.

Recycling

The most difficult issue with irregular working hours is overtime. Is she there or not? How to fix and compensate for it? What is the maximum time? The law gives somewhat vague answers to this.

How much can you recycle?

The law does not clearly indicate hours. Each manager decides this at his own discretion.

The main thing is that the mandatory conditions are met: occasionally and only when necessary.

How is it paid?

Employees are always concerned about their pay. An irregular day implies an increase in the amount of work. What about payment?

There are no special conditions for remuneration for workers with irregular hours. Salaries and other payments are calculated on a general basis.

However, the Labor Code does not prohibit providing financial incentives for such workers. A provision regarding this may be included in the Collective Agreement.

Instead of additional leave, the employee may receive monetary compensation (Article 126 of the Labor Code). Payment is made upon written request.

It looks like this:

With it, the condition of an irregular day does not apply.

For a single mother

There are no prohibitions on the introduction of irregular days for single mothers in the Labor Code of the Russian Federation. But there are rules that oblige the manager to reduce working hours for a single parent with children under 14.

For this purpose, a written expressed desire is sufficient.

This mode is called part-time and is taken into account and paid accordingly. And it cannot be combined with an irregular day schedule.

Overtime work

Employees with irregular hours may also be required to work overtime. But then an order is issued about this, and then an increased payment is made.

An indispensable condition is obtaining the employee’s consent.

Is it possible to refuse to establish such an operating mode?

When applying for a new position, a condition such as an irregular day is immediately agreed upon. And a signed employment contract automatically means consent.

But it is possible to transfer an already working employee to this regime only in accordance with Art. 72 TK. That is, having received written consent.

The certificate form is written in any form; the details of the employing company must be indicated.

A special case that requires the presentation of a certificate may be a court hearing. Another option is a kindergarten to explain the absence of a child or the need to leave him in the evening. They may also require such a certificate at the hostel.

But in any case, the employee himself must receive it. And only then submit it to the place of demand.

If your employer abuses your work...

Unregulated work during the day is an alternative to an eight-hour working day. The management of the enterprise can make an independent decision whether the standard amount of time is enough for employees to fulfill the plan, or whether they need additional working hours.

If such a need exists, then certain workers are provided irregular working hours.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant on the right or call free consultation:

What does it mean?

An irregular working day is considered a special work regime, during which the manager can give instructions for certain employees to perform assigned tasks during non-working hours (Article 101 of the Labor Code of the Russian Federation).

According to the law (previously under the Labor Code, now the Labor Code of the Russian Federation), this rule is prescribed in. The job candidate agrees to it when he puts his signature on certain documents. For this reason, the manager may not ask the candidate's direct consent.

Download a sample employment contract with irregular working hours for free.

An employee may assume that he will need to work additional hours only in case of serious need.

According to the law intended to regulate relations with employees, sufficient attention is devoted to establishing temporary standards for presence at the workplace, and a period of rest to restore the body’s strength.

IN "Working hours" the hours when the employee is obliged to stay on the territory of the organization while performing their official duties. This section indicates the time that the employee devotes to his duties during the day.

In addition, there are time limits of working months and years. Rest time is a specific concept, thanks to which the duration of rest of each day and vacations are controlled.

Enterprises usually operate on a regular five-day week, and work begins at nine in the morning. Specific workers at the same time, they can start their work, for example, at seven in the morning, or leave their place of work at eleven in the evening.

Read our article on how to draw up an employment contract with irregular working hours.

Duration

Forty hours is the norm for a regular working week (Article 91 of the Labor Code of the Russian Federation). If we consider a five-day workday, then the employee needs to spend eight hours at work every day. In this circumstance, the director may increase these standards:

The standards can be increased in two ways:

working overtime hours;
increasing the duration of the work schedule.

According to the law, there are limits to overtime: this overtime cannot exceed one hundred and twenty hours per year. This means that it is unacceptable to ask an employee to work more than four hours for two days in a row without a day off.

As for an unlimited working day, the law does not provide for specific hourly limits. An irregular day is sometimes possible, but it is prohibited to draw up permanent schedules according to such a scheme. In addition, the manager must require such an employee for good reasons.

An employee who is assigned to work on non-fixed hours must be aware of certain circumstances:

The manager has the right not to constantly be interested in whether the employee agrees with such. He receives the employee’s consent when signing an employment contract.
If an employee does not want to work irregular hours, this may be regarded as failure to perform work duties.

But, it must be taken into account that at the moment there is no uniform regulation for resolving such disputes in judicial proceedings.

In any case, you should adhere to the rule that such training cannot be done every day.

Although this schedule is called an irregular day, it should have some limits on duration. It is considered irregular due to its difference from the normal regime in the organization.

A citizen working an irregular day must be aware of that this is not his permanent schedule. On other days, the employee has the right to start and end the work day at the same time as his colleagues.

In addition, irregularity is not a reason for performing work that is not included in the employee’s duties.

Working hours are increasing, but this does not mean additional responsibilities.

The worker has the right, due to work on such days, to an unscheduled weekend of three days at the expense of the organization. This rest period can be combined with the required vacation. In addition, the employee has the right to request cash payment in lieu of due vacation.

Time log

To record the hours of an employee who works an unlimited number of days, the company maintains a log. with recording of labor time above the norm(Part 4, Article 91 of the Labor Code of the Russian Federation).

At the moment, there are no special instructions that require recording hours of work in a journal, but this method is convenient. Thanks to the journal, you can easily organize the necessary data in a certain order.

It is necessary to keep records of all dates that a citizen worked in irregular hours (Article 101 of the Labor Code of the Russian Federation), since registration of processing is mandatory. Although there is no additional bonus for this, the employee can count on one more (Article 119 of the Labor Code of the Russian Federation).

You will find a sample journal for recording irregular hours.

Due to the fact that irregular work does not occur on a constant basis, it is recommended to have an additional register for such time registration.

On the first sheet fill in:

list number;
what organisation;
the dates on which they started filling out the journal, as well as the end date;
name, surname and position of the person responsible for the entries in the journal.

Data must be filled in once a week, or according to the scheme that the manager needs.

List of positions with irregular working hours

A typical work week is considered to be five days with a duration of eight working hours. Many companies operate according to this scheme. But, there is another mode of work, which is considered an irregular working day and valid for certain employees, and not for the entire company as a whole.

This list includes the following employees:

Director.
Branch manager.
Department head.
Deputy Manager.
Chief Accountant.
Warehouse Manager.
Personal driver.
And similar workers whose duties include performing their work after the end of the working day.

For example, the usual length of working time for drivers cannot be more than forty hours a week. For drivers who work a five-day shift, the usual duration of any day cannot be more than eight hours. If the driver works six days a week with only one day off, then the length of the day should not exceed seven hours.

If drivers are engaged in transportation for healthcare institutions, public utilities and emergency services, telephone communications, management enterprises and the like, then an increase in working hours of one day is permissible until twelve o'clock.

A specific condition for the working time of drivers is that they have a certain duration of driving the car during the day - nine o'clock. If driving a vehicle takes place in mountainous conditions, and the length of the bus is more than nine meters, then the time limit is eight hours.

In order for the standard to be met, the manager must keep a record of driving time, taking into account the permissible limits of the driver’s working hours.

How is overtime work different from irregular hours?

For most people, the concepts of "overtime" and "overtime" may be similar in definition, but According to the law, these concepts are clearly distinguished. A non-standard working period is a certain working regime, under which it is possible to attract certain employees in addition to their regular schedule.

To understand the difference, consider the fundamental differences:

When an employee comes to apply for a job, they do not talk to him about possible overtime hours.

If it concerns an irregular schedule, the candidate is informed of the existence of such a possibility.

The legislation specifies the duration of overtime hours.

Such work cannot be more than four hours for two days in a row, or one hundred and twenty hours throughout the year. A certain amount of hours irregular hours are not specified in the legislation.

Workers, employees and management may participate in overtime work.

Irregular hours are not defined for employees other than drivers.

Overtime work does not have pleasant bonuses in the form of additional vacation.

If an employee works irregular hours, then he is entitled to another vacation of twelve days, and sometimes a bonus.

A detailed explanation of irregular working hours in the video:

The realities of modern business are such that employees often have to stay late at work, come early, and work without lunch. In such situations, employers are in no hurry to pay for overtime, justifying it by the fact that employees have irregular days. Does working irregular hours really allow an employer to save on overtime payments?

Introductory information

The Labor Code sets clear boundaries for 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. You can make sure that an employee works outside of this time in two ways - by involving him in overtime work, or by introducing irregular working hours. The first method entails mandatory payment for each hour of overtime, and the total number of such hours is limited to 120 per year and four over two consecutive working days (Article 99 of the Labor Code of the Russian Federation). But no such restrictions have been established regarding irregular working hours, which makes it very attractive for the employer.

What is an irregular day?

Before moving directly to the consideration of issues arising in connection with irregular working hours, we need to dwell on this concept itself. According to Article 101 of the Labor Code, an irregular working day is understood as a special work regime, 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 whose job responsibilities are such that they cannot always be performed during working hours can work in irregular 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 customer who arrived 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 number of employees who can be subject to irregular working hours (although there are still some exceptions, and we will discuss them below). Therefore, formally, both a cleaner and a manager of the highest rank can work on irregular hours.

What does an irregular day schedule give?

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

Thus, the introduction of an irregular day does not relieve the employee of the obligation to come to work on time, nor does it give the right to leave early. In addition, an irregular working day 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 letter dated 06/07/08 No. 1316-6-1. The third advantage of an irregular day is that you do not need to obtain his written consent each time to engage an employee to work outside of 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 an irregular working day regime in an organization.

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

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

The next document in which you need to fix the condition about irregular working hours is an employment contract with the employee. Moreover, this must be done without fail, since a working mode different from that generally accepted in the organization is a mandatory condition of the employment contract (Article 57 of the Labor Code of the Russian Federation). Accordingly, if a similar work regime is introduced for existing employees, then an additional agreement to the employment contract will be required. 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 formalization of the possibility of involving an employee in 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 an employee should not 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. There is no unified form for this case. It turns out that the legislation allows for oral orders.

However, in our opinion, an oral order can only be used if there is another document where the processing will be recorded. The amount of time worked by each employee is recorded in the Time Sheet (form No. T-12 or T-13, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). But, according to the procedure for filling out these documents, approved by this resolution of the State Statistics Committee, if an employee has an irregular day, then work in excess of the established working hours is not reflected in the accounting 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 recording the processing time. In principle, this could be a statement similar to a Time Sheet. And the presence of such a document, in our opinion, may well replace a written order from the employer about the need to work outside working hours.

At the same time, we would like to warn employers against abusing the irregular working hours. After all, Article 101 of the Labor Code states that employees can be involved in extracurricular work only occasionally. Therefore, if, during an 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 with the following documents:

— list of positions approved by the head of the organization;

— an employment contract indicating irregular working hours;

— a record of the actual work of employees during irregular working hours.

Payment for irregular days

Let us now turn to the issues of compensation for employees working outside of normal working hours. Unlike overtime work, which is compensated with money, working 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 available to all employees who hold positions included in the relevant list. It does not matter whether they were actually involved in work outside working hours or not.

New edition of 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 work regime, 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 normal working hours. 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 working hours is that the employee is subject to the general working hours of the organization, but may stay at work at the request of the employer to perform his job duties beyond the normal work shift or be called to work before the start of the working day.

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

The Labor Code of the Russian Federation stipulates that irregular working hours are established only for individual employees included in a 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 used for administrative, managerial, technical and business personnel; persons whose work cannot be counted in time; persons who allocate time at their own discretion; persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.

It should be noted that, when 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 beyond the established working hours. This right of the employer is already provided for in the terms of the employment contract. The employee does not have the right to refuse to perform such work. Otherwise, there is a gross violation of labor discipline. Note that this article contains a definition of irregular working hours, which states that in accordance with this mode of work, employees may be involved in performing their labor functions outside the working hours established for a given employee.

The establishment of irregular working hours does not mean that these workers are not subject to the basic norms of labor legislation on working hours and rest periods. Therefore, recruitment to work outside the established working hours cannot be systematic.

Since working with irregular working hours involves certain overtime in excess of normal working hours, the Code, as compensation, provides that employees with irregular working hours are provided with annual additional 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, overtime in excess of 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 comment on Art. 101 Labor Code of the Russian Federation

1. The uniqueness of the irregular working day regime is that an employee can, by order of the employer, perform his job duties outside the working hours established for him in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, employment contracts. 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 workers with irregular working hours usually includes workers:

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

b) distributing working time at their own discretion;

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

3. In case of irregular working hours, overtime in excess of the standard 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 overtime, which, moreover, as a rule, cannot be accurately counted. In this regard, compensation for overtime during irregular working hours 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 the commentary thereto).

‹ Article 100 of the Labor Code of the Russian Federation. Working hours
Up
Article 102 of the Labor Code of the Russian Federation. 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 amendments for 2016-2017.

Irregular working hours are a special work regime, 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 established working hours. 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 “irregular working hours”. The main features of irregular working hours are:

working outside the established working hours. There are no restrictions on the length of work of persons working part-time (Article 284 of the Labor Code) during 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);
attraction to 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 workshop);
involvement in work outside the established working hours is sporadic, 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 regulation adopted taking into account the opinion of the representative body of employees. Representatives of workers in social partnership are trade unions, therefore the adoption of a local regulatory act is carried out by the employer in the manner established by Art. 372 TK.

The employee's consent to be involved in such work is not required. At the same time, the employer does not have the right to entrust him with performing work that is not determined by his labor function.

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

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

Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in work outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation).

A feature of this regime is the nature of the work, which, for reasons beyond the employee’s control, occasionally does not allow the performance of certain job functions during working hours. For example, establishing an irregular working day for a legal adviser will allow him to be involved in court hearings, the beginning and end of which may extend beyond the working day established in the organization.

An employee who has an irregular working day can be hired to work both before the start of the working day and after it ends (Article 101 of the Labor Code of the Russian Federation, letter of Rostrud dated June 7, 2008 No. 1316-6-1).

List of positions

The employer has the right to determine the list of employee positions for which irregular working hours may be established independently, recording it in collective agreement , agreement or local regulation adopted taking into account the opinion of the trade union if available. This is stated in Article 101 of the Labor Code of the Russian Federation. Thus, the list of positions can be fixed, for example, in Regulations on irregular working hours or submit as an attachment to Labor regulations . Examples of the execution of local acts on approval of the list can be the order of the Federal Social Insurance Fund of Russia dated June 22, 2009 No. 146 and the resolution of the Board of the Pension Fund of the Russian Federation dated November 1, 2007 No. 274p.

When establishing irregular working hours, in addition to checking for compliance with the list of positions, it is necessary to take into account the nature of the work of individual groups of employees. In particular, it is impossible to establish an irregular working day:

disabled people of group I or II;

external or internal part-time workers.

At the same time, working part-time is not an obstacle to establishing an irregular working day for an employee.

Situation: Is it possible to establish an irregular working day for a disabled person of group I or II??

No you can not.

Formally, the Labor Code of the Russian Federation and Law No. 181-FZ of November 24, 1995 do not directly prohibit the establishment of irregular working hours for disabled people.

At the same time, such categories of employees are entitled to reduced working hours, which indicates a limitation on the establishment of irregular working hours for disabled people of group I or II (Articles 92, 94, 101 of the Labor Code of the Russian Federation, Article 23 of the Law of November 24, 1995 No. 181- Federal Law).

Taking into account the above, in order to avoid disputes and litigation, it is not recommended to involve employees with disabilities of group I or II to work on irregular working hours.

Situation: Is it possible for a part-time worker to have irregular working hours??

No you can not.

Part-time work is doing other work in your free time from your main job. The duration of working hours for such work should not exceed four hours a day (Articles 60.1, 282, 284 of the Labor Code of the Russian Federation).

Irregular working hours are a special mode of work, according to which individual employees may be involved in the performance of their labor functions outside the established working hours for them, in compliance with a number of conditions(Article 101 of the Labor Code of the Russian Federation).

Since the length of a part-time worker’s working hours is limited by law, he cannot be assigned an irregular working day, regardless of how many hours a day the part-time worker works.

Situation: Is it possible for an employee who works part-time to have irregular working hours??

Yes, you can.

Part-time working hours can be established for an employee by agreement between the parties to the employment contract (Article 93 of the Labor Code of the Russian Federation). The introduction of an irregular working day means that an employee performs work duties outside the working hours established for him, including outside part-time working hours (day or shift) (Article 101 of the Labor Code of the Russian Federation). Thus, for an employee who works part-time, the employer has the right to establish an irregular working day. The legitimacy of this approach is confirmed by Rostrud in a letter dated April 19, 2010 No. 1073-6-1.

For working irregular working hours, employees are entitled to compensation in the form of annual additional paid leave . The duration of such leave must be at least three calendar days, regardless of whether the employee works full-time or part-time. This follows from the provisions of Article 119 of the Labor Code of the Russian Federation.

Compensation for irregular work

For working irregular working hours, employees are entitled to additional annual paid leave. Determine the duration of such leave collective agreement , Labor regulations either directly employment contract (additional agreement to it ). In this case, the duration of this leave cannot be less than three calendar days. This follows from the provisions of Article 119 of the Labor Code of the Russian Federation.

Additional leave for irregular working hours may be replaced by monetary compensation at the written request of the employee, including before the granting of the main leave (Article 126 of the Labor Code of the Russian Federation).

Documenting

Documentation of the establishment of an irregular working day for an employee depends on when this regime is introduced - upon hiring or while working for a given employer.

If an irregular working day is established upon hiring, then as a general rule, before concluding an employment contract, the employee must be familiarized with , which establishes a list of positions with irregular working hours, as well as the type and amount of compensation for work in this mode. After this, draw up an employment contract with the employee, which reflects the condition of working on irregular working hours (paragraph 6, part 2, article 57 of the Labor Code of the Russian Federation).

Based on the employment contract, the employer issues The order of acceptance to work (Article 68 of the Labor Code of the Russian Federation). In the order, indicate a special work schedule - irregular working hours. The wording of the entry could, for example, be as follows: “Work on irregular working hours.”

If you need to establish an irregular working day during work, you must:

enter into an additional agreement to change certain terms of the employment contract. The agreement must indicate the establishment of a special working regime, as well as reflect the duration of additional paid leave. If an employee is transferred to another job, other changing conditions (new job function, payment conditions, etc.) are also indicated;

issue an order establishing a regime of irregular working hours in any form. If an employee is transferred to another job, then an order for the transfer must be issued;

enter information about the duration of additional leave in personal card employee to determine the total number of vacation days.

If an irregular working day is established for an employee in connection with a transfer, then an additional entry about the transfer is made in the work book without indicating a special work schedule. If the specified regime is established without transfer, then no entries are required to be made in the work book.

Such rules are established by Articles 72, 72.1 of the Labor Code of the Russian Federation and paragraph 4 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.

In the future, to attract an employee to work outside the work schedule, a verbal order from the employer is sufficient. It is not necessary to notify and obtain the employee's consent for such work, as for overtime work. In this case, overtime hours should generally be noted on the working time sheet.

Situation: Is it necessary to reflect overtime hours in excess of the schedule in the timesheet? The employee has an irregular working day?

Yes need.

A feature of the irregular working hours regime is the ability to occasionally involve an employee in work beyond the established working hours (Article 101 of the Labor Code of the Russian Federation). Working beyond normal limits for employees with irregular working hours is not overtime work and is not subject to additional payment. For working under irregular working hours, the employee is entitled to additional leave of at least three calendar days (Article 119 of the Labor Code of the Russian Federation). From this we could conclude that there is no need to mark such hours of work on the timesheet.

However, this is not true. The employer is obliged to keep records of the time actually worked by each employee (Article 91 of the Labor Code of the Russian Federation). This procedure fully applies to employees with irregular working hours.

Since a clear procedure for recording overtime for such employees is not established by law, we believe that the employer can independently determine how to keep such records, taking into account its specifics.

A universal way would be to add a symbol to the timesheet specifically to account for working hours worked beyond the schedule for employees with irregular working hours (for example, the letter code “NR”). Then, under the attendance code in the timesheet, a record of working hours according to the schedule will be kept, and under an additional code, a record of hours worked beyond the schedule will be kept. In this case, you can enter the necessary symbol both in an independently developed report card form and in a unified form, for example, No. T-12, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 (Decree of the State Statistics Committee of Russia dated March 24, 1999 No. 20).

Situation: How often can an employee be involved in work outside of the schedule? Does the employee have irregular working hours?

The current legislation does not contain a clear answer to this question.

When working an irregular working day, an employee, by order of the employer, is occasionally involved in work outside the working hours established for him (Article 101 of the Labor Code of the Russian Federation). However, the Labor Code of the Russian Federation does not explain the concept of episodicity. An episode (from the Greek epeisodion) in Russian is understood as a separate incident, random event or circumstance. Thus, “occasionally” means that the employer from time to time, from time to time, involves an employee who has an irregular working day to work in such a mode. The opposite of the concept “episodic” is the concept “systematically”, “regularly”. In this regard, constant (regular, daily) work outside the normal working hours does not correspond to the concept of irregular working hours. In addition, regular work in this mode will violate the right of every employee to rest, including a reasonable limitation on the duration of working hours (Part 5 of Article 37 of the Constitution of the Russian Federation, Article 2 of the Labor Code of the Russian Federation).

A similar approach to determining the frequency of engagement in work outside the schedule has developed in judicial practice (see, for example, the appeal rulings of the Vologda Regional Court dated May 2, 2012 No. 33-1494/2012 and April 25, 2012 No. 33-1495/ 2012).

Thus, the frequency of involvement in work on irregular working hours is an assessment category. In the absence of clear criteria for periodic involvement in work in this mode, we recommend that the employer evaluate cases of employee involvement in work outside of the schedule individually, taking into account the above criteria. At the same time, abuse of the lack of a legally established frequency and timing of involvement in work in irregular working hours and too frequent use of work in this mode may lead toadministrative responsibility and litigation.

Advice: a guideline for assessing the frequency of involvement in work during irregular working hours can be the limitation of overtime work in the amount of 120 hours per year (Part 6 of Article 99 of the Labor Code of the Russian Federation).

However, the following should be remembered:

this restriction is established specifically for overtime work, so there is no mandatory requirement to comply with it during irregular work;

for irregular work, it is important not only the total number of overtime hours in itself, but also the frequency of involvement. So, if an employee who works a standard five-day week is called upon to work 240 times lasting 20-30 minutes outside of schedule during the year, then the quantity limit of 120 hours will be met, and the frequency of such engagements clearly indicates regularity. It turns out that the employee was involved in additional work almost every day, because the total number of working days per year on average is about 256 days.