An irregular working day is usually understood as a work mode that implies the occasional performance of certain functions by an employee (Article 101 of the Labor Code of the Russian Federation). At the same time, the employee works beyond the established work schedule. This is relevant if the company has a production need. The list of positions of employees with irregular working hours is indicated in the collective agreement, agreements or other local documents. In all cases, the opinion of the employees' representative body is taken into account.
Vacation for irregular working hours
The employer undertakes to provide vacation days for those employees who worked outside working hours. Art. 119 of the Labor Code of the Russian Federation indicates compensation for off-hour working days, which amount to at least three days.
Length of irregular working hours
Labor legislation provides for overtime work hours (Article 97). The employer has the right to make such a decision. We are talking about overtime work and the employee’s work on irregular working hours. Specific working hours and hours can be established by local acts, employment contracts or agreements in force at a particular enterprise.
Irregular working hours in various organizations can be used:
- for administrative, managerial, technical and business personnel
- for persons whose work cannot be timed (consultants, instructors, agents)
- for people who allocate time for work at their own discretion
- for persons whose working time, due to the nature of the work, is divided into parts of indefinite duration
Working hours are not regulated by Russian legislation. However, the weekly duration is specified, which is a maximum of 40 hours. In this case, it would be advisable if the employer reduces another employee’s working day so that the standard working time does not exceed 40 hours. In practice, employers often violate this rule; for this reason, employees often go to court for a fair decision.
Do not forget that you must work overtime in the following cases:
- instructions (orders) of the employer;
- if there is an occasional (not constant) need.
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?
Wording in the Labor Code of the Russian Federation
Irregular working hours are a special working regime in which individual employees may occasionally, not constantly, be involved in performing their labor functions beyond the direction of management.
Video - irregular working hours according to the Labor Code of the Russian Federation - what does this mean (comment from a lawyer):
The employee’s consent is not necessary in this case, since the condition of an irregular day is necessarily fixed in his employment contract. Such processing should not occur regularly, but only when absolutely necessary or urgent (for example, preparing for a tax audit or submitting a project).
To whom and to what positions does it apply?
It is the employer's responsibility to approve the list of positions for employees with irregular working hours. Employees working in these positions are allowed to 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 hours are divided into periods of indefinite duration.
Irregular working hours - how many hours per week?
The current labor legislation, unfortunately, does not define in any way maximum quantity hours of processing at this operating mode.
Extra-hour involvement of employees is allowed both before and after normal working hours for as long as management needs.
The main thing is that these attractions 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 one is allowed to vary depending on the position held, degree of workload, volume of work, etc.
ATTENTION! The fact of providing additional vacation days is in no way related to actual cases of overtime. Even if during the working period the employee was never involved in work outside of working hours, he is entitled to additional leave in full in any case.
At the request of the employee, it is possible to replace additional vacation days with monetary compensation calculated based on 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 leave.
Video about compensation for irregular working hours:
Organizations are allowed to enter additional types compensation for irregular working hours, recording them in the internal documents of the organization.
Registration procedure
If an employer decides to introduce irregular working hours for some positions, 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 labor regulations and the collective agreement.
- Provide a list of all employees affected by the changes against signature. Employees must be notified by order to change the work regime at least two months in advance, and an additional agreement to the employment contracts must be issued and signed. Newly hired employees for these positions immediately sign an employment contract containing a provision for irregular working hours.
- 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 an order (notification), that is, both oral and written forms (order) are allowed. In practice, it is more advisable to use written orders to avoid possible disputes.
- The employer is developing a document in which overtime hours will be entered, since overtime employees with this work schedule are not shown.
Nuances you need to know about
- Management should not involve employees with irregular hours beyond the schedule to perform functions that are not part of their job responsibilities.
- Irregular working hours are allowed for employees with a part-time work week and, on the contrary, are prohibited for employees working part-time.
- Such workers, like others, do not work on weekends and holidays. Their involvement in the performance of labor duties on these days is carried out on a general basis with additional payment, unless otherwise specified in the local documents of the organization.
- It is prohibited to introduce irregular working hours for all employees of the enterprise.
Irregular working hours and overtime work - differences
At first glance, it may seem that these are identical concepts, which is why they are so often confused. The main distinctive features and differences between irregular working hours and overtime work are presented in the table:
For whom it should not be installed
Labor law norms do not provide a specific list of persons who cannot be subject to this regime. 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 installed on employees who are prohibited by law from being employed outside working hours.
Thus, it is prohibited to leave people to work overtime, and, consequently, to introduce an irregular day: 
- pregnant employees;
- minor workers;
- employees during apprenticeship.
The involvement in overtime work is limited (mandatory written consent and the absence of medical contraindications is required), and, consequently, the introduction of irregular days for:
- persons with disabilities;
- women with children under 3 years of age;
- single fathers;
- guardians of minors.
Where to go if your employer abuses irregular working hours
There is no legal limitation on the time and frequency of overtime for employees during irregular working hours. Because of this, in practice, employers often abuse this regime - overtime becomes systematic rather than occasional, and some do not introduce an irregular day schedule at all and do not pay overtime as overtime.
If, during an inspection, the labor inspectorate determines that overtime was regular, the employer may be fined and required to pay for it as overtime.
However, the inspector can issue an order to do this only in the case of a grossly obvious violation, therefore, to resolve a labor dispute in in this case It is recommended to contact the courts.
Resume
In essence, irregular working hours are episodic, irregular overtime. The main features of such a working regime are that the employer, due to real necessity, has the right to require the employee to stay after work or come to work. workplace earlier .
It is not necessary to obtain the employee’s consent each time, since he has already agreed to this working regime when signing the employment contract. At the same time, the law does not regulate in any way the duration or frequency of such processing. Compensation for them is the provision of additional paid leave.
Can long working hours apply to road service employees? After all, people already work all day long, but previously they were paid for overtime, and now, if I understand correctly, a person will work 12 hours every day for 3 additional paid days for vacation?
Olga June 19, 2017
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 standard working time (8 hours), but the range of responsibilities that cannot be standardized. For example, during a shift a cleaner must wash 300 m2, i.e. her day is standardized (the norm is 300 m2), the driver must make 10 trips per shift, the guard must guard the facility for 15 hours per shift (the shift can be more than 8 hours), here the work norm 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, a shift worker comes - your norm is fulfilled. But it is impossible to calculate how many calls the boss (deputy, accountant, engineer, etc.) will make, how many issues will be resolved, situations resolved, and people received. Their work rate cannot be calculated, so they have irregular days. Moreover, this irregular day may not last 8 hours at all, but much longer, until the necessary duties are completed. An irregular day is a special mode of work in which the main thing is not working hours, but the nature and volume of work. But this does not mean that I come and go when I want, no one has canceled the work schedule. TCs and enterprises must compensate for overtime, nerves, and inconveniences associated with irregular days (additional vacations, time off, bonuses). Overtime, logically, can only happen on a normal day. Overtime is beyond the lesson, i.e. above the norm. But nowadays everything can be turned upside down.
Olga June 08, 2017
I believe that this 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 the “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 “formulation “they are forced to stay until night every day”? Don’t stay, and refer to the Labor Code of the Russian Federation, which nevertheless states that involvement in work on irregular working hours should be episodic. What does “if you don’t like it, quit” mean? ? To fire a person, very serious work is required, and the employer may face serious consequences for illegal dismissal (unless, of course, the person “keeps his mouth shut”). at will happens only at the request of a person, this is your right, not an obligation. And if they tell you - 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 must fulfill their assigned responsibilities, both the employee and the employer, and it is not worth “tolerating” the bestial attitude of the employer.
Tatyana April 25, 2017
My husband works as a driver with irregular working hours. The daily working day is 13-14 or more hours. The deputy manager must be transported to and from work. There are no orders to transport him home and to work. It’s a state-owned enterprise. The only excuse is if you don’t like it, quit. Although he worked at the enterprise for 44 years. And God forbid, an accident due to overwork and who will be responsible?
Olga April 05, 2017
My employer generally believes that an irregular working day means 12 hours of work every day instead of 8 hours. Daily! If you worked at least 10 hours, then you already have a claim. That is, for the employer this hole in the law in the form of the absence clear understanding how many hours exactly is a loophole not to hire and not pay for another employee, whom the employer would be forced to hire if the Labor Code of the Russian Federation had an order with this norm. In fact, it turns out that one employee works for two, but receives only three days of vacation. Moreover, as a rule, people receive vacation only on paper.
Irina December 23, 2016
Until 2009, for irregular hours I was given time off or compensated with money, and I could also take additional days for vacation - I always had a choice. Since 2009, the manager has changed and it began: I work according to an irregular schedule (order), there is not a word at all about the deputy in the collective agreement. I approached management and they shrugged their shoulders, saying they didn’t know anything. And in addition, a guardian minor child. Should I go to the prosecutor's office or somewhere else? And what documents should I provide?
Vitaly November 30, 2016
Yes, the fact of the matter is that it will be difficult to prove the employer’s abuse of “irregular hours”. In the TC everything is very vaguely described in this part. An employee is involved sporadically - how many times a week or a month and for how long - for an hour - for two or for 5 hours??? Under what circumstances employees can be involved is also not specified. I also encountered overwork in the organization. In our report card, actual processing is not noted at all. I worked 10-11 hours, they still give me 8.
Anna September 20, 2016
It would seem much simpler, 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 you have by adding 3 days to your vacation, but what a waste of time. I believe that if the additional vacation is 3 days, then the overtime period should not exceed (8 hours * 3 days = 24 hours / 1.5 = 16 hours, the calculation is based on the principle of calculating payment for work performed on a scheduled basis) 16 hours per year. in this case, human rights in payment will not be infringed.
Egor January 11, 2016
Tatyana 09/12/2015 at 09:46 This is exactly what usually happens. They also say that there is a line outside the gate for your seats.
Alexey November 30, 2015
It’s a pity that it depends on the employer how to compensate for irregular days. I think that many additional vacation days would be replaced with monetary compensation, although the employer often sends people on vacation.
Ivan November 22, 2015
The provision of additional leave for irregular working hours at our enterprise is stipulated in the collective agreement and no disputes or problems arise.
Ivan Anatolyevich November 21, 2015
An irregular working day has always been interpreted as the need to perform a certain amount of work by a responsible employee, assigned to him by job description, and not by the manager’s right to involve an employee in overtime work, it is not clear for what reasons. That is, if you are the Deputy Director for Economic Affairs, then everything questions regarding this position must be completed. This kind of employee, as a rule, determines the time of its completion, despite the established schedule at the enterprise.
Alexandra September 22, 2015
The whole problem of our society is that we do not know our rights. And unscrupulous employers pretend that they are completely unaware of their responsibilities. In such situations, I think the most effective way: call to KTS. I had a conflict at work regarding an “unnominated” day and vacation. All you had to do was talk about it, and everything was immediately resolved.
Nikita September 19, 2015
The legislation is as vague as always. “Occasionally, if necessary” - there must be some restrictions? And how long to stay? There are only 3 days left for vacation, and with this wording you can force them to stay for 4-5 hours, until night, even every other day.
Sofia September 18, 2015
With the advent of this article in the Labor Code, many managers have their hands freed, and are now squeezing workers to the fullest. And I didn’t even always manage to take my allotted vacation, and without additional benefits.
Denis September 16, 2015
I didn’t even know about the three days before vacation. The boss always insists that you have irregular working hours 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 get ready to go on vacation.
Anastasia September 14, 2015
Unfortunately, I also encountered the problem of irregular working hours. I returned to work early from maternity leave (at the request of management); the child was 2 years old at that time. Requests to stay, to linger, began almost immediately; I didn’t know how to deal with them. As a result, I had to quit, because the child will not be in kindergarten until 9 pm, and no one pays me for these overtime hours. Therefore, everyone has their own choice - to work like a horse, or still leave time for life.
Tatyana September 12, 2015
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 work hours/stay late, and then it becomes a responsibility. Workers will be indignant, but not one will contact labor inspection. And as they say: if you don’t like it, quit. So they remain silent and “plow.”
Add a comment
Material from the site
Work schedule with irregular days
Irregular working hours are special kind working hours regime, which implies additional work beyond the established work schedule if there is a production need for this.
What is the difference between irregular working hours and overtime work?
- Overtime work has specific limitations regarding its duration (no more than 4 hours for two consecutive days and no more than 120 hours per year). Irregular work has no restrictions - its duration depends only on how quickly one or another work operation can be completed.
- Overtime work is paid additionally at established rates. Irregular working hours are compensated by additional leave, the duration of which does not depend on the number of hours worked in excess of the norm. Typically, the duration of additional annual leave is fixed in the work contract and is at least 30% of the time of the standard leave.
- Conditions for irregular working hours are necessarily indicated in the work contract as a separate clause, and such a work schedule is agreed upon with
Irregular working hours is considered in legislation as an alternative to the 8-hour working day. Management has the right to decide for itself whether it is enough for employees to be on site for the usual number of hours to complete all the work, or whether they need additional time for individual tasks. If the need still arises, irregular working hours is entered for specific employees locally.
How is an irregular working day interpreted in the Labor Code of the Russian Federation?
The Labor Code of the Russian Federation, which is designed to regulate relations between management and subordinates, pays a lot of attention to establishing standards for time spent at work that are not harmful to health, as well as standards for the time that the body will have enough to recuperate, including.
How long should an employee stay within the company performing his duties? labor functions, is specified in the “Working Hours” section. Within the framework of this concept, as well as the concept “ irregular working hours”, it is recorded how many hours an employee must perform his duties during the day (in some cases, the term “shift” is used instead of a working day). There are also time limits for the work week and year. There is a separate concept of “rest time”. With its help, the duration of daily rest, weekends and vacations is regulated.
Typically, working hours are perceived as a 5-day workday with an 8-hour working day. This is precisely the norm that operates in the vast majority of enterprises and organizations - both public and private. But there is another mode of operation - irregular working hours(Article 101 of the Labor Code of the Russian Federation).
Irregular working hours is not introduced for the entire enterprise, but only for some individuals who simply need to work beyond the plan. It turns out that the entire company has, for example, a standard 5-day work schedule with work starting at 9 a.m., while individuals work irregular working hours. Their duties include reporting to work at, say, 6 a.m. or leaving the office after 10 p.m.
For many irregular working hours tightly intertwined with the concepts of “overtime” and “overtime”. But at the legislative level they are separated. Irregular working hours is a separate work mode that allows the employer to employ specific employees outside of their standard schedule.
How many hours per week and year is it permissible to work in 2015-2016?
In Russia it is considered the norm working week lasting 40 hours (Article 91 of the Labor Code of the Russian Federation). If we are talking about a 5-day shift, and this is how they work in the vast majority of enterprises, then the employee has to work 8 hours daily. But the employer has the right to increase these standards.
There are 2 types of such increase:
- involvement in overtime;
- stretching the schedule within .
The law introduces restrictions on overtime work: such overtime cannot exceed 120 hours per year. At the same time, it is prohibited to involve an employee in overtime work lasting more than 4 hours 2 days in a row.
But in relation to irregular working hours There are no clear time limits in the law. There are only requirements that are not expressed in a specific hourly equivalent. Mode irregular working hours must be episodic in nature, i.e. there can be no talk of any system. In addition, the employer must really need the employee to perform his direct duties throughout the irregular working hours.
Irregular working hours - what does this mean for an employee?
To the employee who agreed to the schedule irregular working hours, you need to know the following:
- The employer will not ask the employee’s consent every time to work irregular working hours. Such consent is obtained one-time and is most often reflected in the employment contract.
- Refusal to work irregular working hours may be equated to refusal to perform one’s job duties. Although the courts have not yet developed a unified practice for resolving labor conflicts on this issue. At the same time, you need to understand that such a schedule is unacceptable every day. Irregular working hours- This is an episodic phenomenon in daily activities.
- Let this mode working hours is called irregular working hours, this does not mean that there should be no restrictions on its duration. The local act and employment contract must describe the time frame of the working day and week. Irregularity lies in the difference between the schedule and the generally accepted one in the company.
- A person who is called to work irregular working hours, must understand that this is not possible on a permanent basis. The employee is obliged to come and leave together with other employees and only when such a need arises to work outside of work hours.
- Irregular working hours cannot serve as a reason for performing additional duties not specified in the job description. It is the work time that increases, not the list of responsibilities.
Irregular working hours gives the employee a bonus in the form of at least 3 vacation days, which are paid by the company. These days can be added to annual leave. You can also receive monetary compensation instead of vacation. The same rules apply here as for annual paid leave. Just extra money for irregular working hours It may not happen if the authorities do not order it.
What does irregular working hours mean for an employer?
A boss who has a need to establish irregular working hours for his employees, he must arrange everything in advance. First, it is necessary to reflect the very possibility of attracting persons to work within the framework of irregular working hours in an agreement between the team. It also needs to indicate a list of positions that require a regime irregular working hours.
Then you need to conclude an agreement with each employee who holds a position from this list on the introduction irregular working hours, and in writing. Oral agreements are not suitable in this case. The easiest way is to initially stipulate this in the employment contract, and if it has already been agreed upon, you will have to adjust it by introducing a clause on irregular working hours.
The employer must understand that he has no right to force the employee to work irregular working hours daily or even every other day, since this regime is strictly episodic in nature. At the same time, during the time worked by an employee beyond the norm, he cannot be forced to take on additional functions. Non-standard working day is used only to perform the direct duties of the employee.
List of positions for workers with irregular working hours
Circle of people who can work irregular working hours, is set almost arbitrarily at the local level. None unified list positions from irregular working hours not fixed in law. Only isolated recommendations can be found on this issue.
Thus, in the resolution of the Government of the Russian Federation “On approval of the rules for providing annual additional leave to employees with irregular working hours"No. 884 dated December 11, 2002, it is proposed to include the following positions in the list:
- Management team. For example, a CEO can easily work irregular working hours.
- Maintenance personnel. The same service technician can come to work in advance within irregular working hours for equipment verification.
- Housekeeping staff. The caretaker leaves for work irregular working hours can make work easier for all staff.
- Employees whose time spent at work cannot be counted. A realtor can organize property showings within irregular working hours.
- Employees who have an obligation to work a certain amount of time, but the period when this must be done is not specified. These include persons creative professions, for which irregular working hours quite normal.
So employers have some freedom in choosing positions with irregular working hours. In private structures irregular worker day is established almost entirely at the request of the authorities. The main thing is that the list of positions is fixed in writing.
Rules for regulating such a regime as irregular working hours, V labor legislation unclearly expressed. The norms themselves are scattered throughout the Labor Code of the Russian Federation, and are not collected in a separate subsection. In this regard, when establishing and applying irregular working hours special care must be taken to avoid violations of the law and to avoid confusion irregular working hours with overtime and overtime work.
“Irregular working hours” - a whole separate article is devoted to this concept in the Labor Code, which is valid for all citizens living in Russian Federation. However, due to the ambiguity of legal formulations, the average working citizen may still have many questions. What is meant by this term? What is the difference between irregular working hours and working overtime? Let's try to figure it out.
Dear readers! The article describes typical ways how to solve legal problems. Your case is individual.
What does the existing Labor Code say about irregular working hours?
Irregular working hours are indicated in the Employment Contract
According to excerpts from Article 101 of the current Labor Code Russian Federation, an irregular working day is a specific mode of labor organization in which the employer has the right, by special order, to engage certain people on an irregular basis to perform their direct duties during non-working hours.
By law, this condition is fixed in the employment contract. The future employee of the company accepts it by default by signing the relevant documents, so the employer does not need his direct consent to overwork in each individual case. For his part, the worker has the right to count, at a minimum, on the fact that he will have to work beyond the norm only in case of emergency.
What positions require long working hours?
In each individual organization, the manager approves in advance a list that implies an irregular work schedule. Detailed information this can be found in the company's internal documents. Often the list includes the following categories of employees:
- all economic, technical and administrative personnel of the institution;
- consultants (telephone and online), sales agents and other employees whose working hours cannot be accurately calculated;
- workers who independently form their own work schedule;
- personnel whose working time, depending on current duties, can be divided into segments of arbitrary duration
restrictions on the number of working hours per week
The maximum processing time is not specified in the Labor Code
There are currently absolutely no regulations in Russian labor legislation regarding the maximum possible number of overtime hours per day, week or month.
Technically, an employee can be assigned to work at odd hours for as long a period as management requires. However, if these “involvements” happen systematically and in the absence of force majeure, this is a reason for the employee to think and perhaps even.
Compensation for overtime on an irregular schedule
According to current Russian laws, any work outside normal hours must be compensated with additional paid vacation days(at least three annually). If an employee holds a responsible position and is exposed to heavy workload, the number of vacation days may be increased.
In addition, some employers, in order to positively influence the productivity of off-hour workers, provide employees with additional types of work not specified in the law.
Important: the employer is obliged to provide an employee with an officially irregular work schedule with additional days of rest every year, even if during the period that has elapsed since the last vacation, this employee has not actually been involved in extracurricular work at all.
If the employee does not need additional time off, he can write a statement addressed to his immediate superior with a request to replace the required “time off” with modest monetary compensation. For its part, the employer has the right to either meet the applicant halfway and agree, or refuse him, “forcibly” sending the employee to rest.
The employer changed the employee's schedule from normal to irregular: is this legal?
The employer must notify in advance about irregular working hours
In order to legally introduce an irregular work schedule for some existing positions in the company, the employer must follow the following instructions:
- Make a list of positions that will undergo changes in advance.
- Make appropriate amendments to the internal labor regulations of the organization.
- At least 2 months in advance, familiarize all employees whose positions have been changed with the new ones job descriptions– in person, against signature in an additional agreement to the employment contract.
- Develop a separate one for recording processing time.
- The employee must be notified in advance of the need for extracurricular work on a specific day and hour, either verbally or in writing (to avoid disputes and misunderstandings, in practice the latter is most often used)
What does the employer have no right to?
- Involve employees who work irregular hours to carry out any assignments that are not within the scope of their immediate duties.
- Introduce irregular work schedules for part-time employees.
- Engage employees to work after hours on weekends or without additional pay.
- Introduce irregular work schedules for absolutely all company employees.
Overtime work - what is the difference from irregular hours?
Overtime work is regular, but involves time limits (up to 120 hours annually, no more than 4 hours for every 2 days). Overtime work is usually paid; much less often - compensated by separate days off. It is impossible to force an employee to work overtime without his personal consent. The employment contract usually does not mention the prospect of overtime.
Who can never work according to an irregular schedule?
Not all employees can work “after hours”
There are certain categories of workers who, according to current Russian legislation, are prohibited from being employed at odd hours. Consequently, the employer will not be able to establish an irregular work schedule for such employees. We are talking about the following categories of citizens:
- pregnant women who have not yet passed away;
- moonlighting minors;
- employees undergoing training parallel to their work
The following preferential categories of employees may, with restrictions, be involved in irregular work activities in the absence of medical and other contraindications:
- any groups;
- and mothers of young children (children under three years of age);
- minor children
Employers systematically force employees to work after hours - what to do?
Since Russian legislation does not have clear restrictions on the possible number of extra-hour working hours, the only way to combat arbitrariness on the part of the employer is to apply to the labor inspectorate.
If during the inspection process it is determined that overtime in the organization is systematic, the employer will be imposed and obliged to pay overtime to its employees. However, practical experience shows that it can be quite difficult to prove the fact of direct violations on the part of the employer. This often has to be done in court.
Let's sum it up
Irregular working hours must be paid additionally
So, let's briefly summarize: what is an irregular work schedule, and what are its main features?
- An irregular work schedule implies irregular unpaid overtime of an episodic nature.
- Employees may be involved in extracurricular work before or after work, but never on weekends or holidays.
- The employer engages an employee in work on an irregular schedule only in cases of extreme necessity.
- During work activities on an irregular schedule, an employee is not required to do anything that is not part of his duties.
- The employer does not require the employee’s personal consent to overtime work in each individual case.
- The frequency and duration of irregular overtime is not regulated in any way by the Russian Labor Code.
- As compensation for working on an irregular schedule, each employee annually receives additional paid days for vacation (much less often - a small one).
Irregular working hours Controversial issues its establishment... About this - in the video:
Noticed a mistake? Select it and click Ctrl+Enter to let us know.