The modern world is swift and unpredictable. The same trend is observed in the economic sphere. In light of this, many entrepreneurs are trying to establish a non-standard work schedule for their employees. The desire of businessmen is understandable, they want workers to practically live at work and solve all the problems that arise in an expeditious manner.
Concept and terminology
This mode of employment is stipulated in the labor legislation. However, the employer must draw up a regulation on irregular working hours, a sample of which can be seen below.
The term assumes that a particular position or several positions is set to a non-standard mode of work, when an employee can be involved in work outside working hours. The simplest example: the driver delivers at the end of his own working day, if the company where the delivery is carried out, the working day is longer. Another indicator that the work can be called irregular is the departure from the 40-hour work week.
Who can establish such a regime of labor?
Before drawing up a sample of a regulation on an irregular working day and approving it, the company management should know that there are situations in which it is impossible to establish such a work regime:
- invalids of I and II groups;
- minor employees;
- external part-timers;
- pregnant women;
- internal part-timers;
- parents of minor children.
Persons who work part-time work fall into the same category. A special schedule can only be set if they work part-time, but full-time.
At the level of regulatory acts, a list of professions for which you can set a non-standard work schedule has not been established. In light of this, before drawing up a sample of the regulation on irregular working hours, personnel officers must draw up a list of posts to which it will apply. As a rule, these are heads of departments and divisions, economic and technical personnel.
What the employee should remember
If an employee agrees and signs a sample regulation on irregular working hours, he must understand:
- the employer will no longer ask the employee if he can stay at work;
- it can be brought to work only if there is a real production need;
- if the employee decides to refuse, then this will be regarded as a refusal to fulfill his immediate duties;
- the employer does not have the right to admit to such work on a daily basis, since it can be involved only occasionally;
- if a regulation is signed, this does not mean at all that someone else's duties may be assigned to the employee.
And most importantly, each employee, working at the end of the working day, for each such day should receive 3 days of additional leave.
Requirements for the text of the provision
The regulations on irregular working hours in schools and other institutions should include the following mandatory items:
- "General Provisions." It describes the tasks and goals for which the operating mode is determined.
- "Rules of use." This paragraph necessarily describes all the posts to which a special work regime will apply. The main thing is to remember that its establishment is not allowed for absolutely all categories of professions. It is mandatory to describe how processing will be taken into account.
- "Extra holidays." It indicates the number of additional days of vacation that will be provided for irregular working hours, how they can be used, transferred. For an irregular schedule, you cannot provide less than three calendar days of additional leave.
- "Final provisions". Here, the validity period of the document, if provided, is prescribed. The procedure for making changes.
After drawing up and approving the regulation on irregular working hours for drivers, other professions, all employees who will be touched by the document, should be familiarized with the signature. By the way, for each profession, you can make a separate position.
The provision may contain other sections regulating the mode of operation, since there is no unified form of such a document.
Subtleties of the operating mode
It should be understood that irregular working hours do not apply to weekends and holidays. Simply put, you cannot force an employee to work on holidays if he has a standard eight-hour working day with two days off, that is, there is no shift work schedule.
In order to put into effect the provision on irregular working hours in a preschool educational institution or in another organization, a preliminary order should be issued that will govern the introduction of a new working regime.
The order should indicate the grounds for such a decision, the norms of the special regime of work and familiarize with the document of all involved persons.
In addition to the order, appropriate changes should be made to the "Rules of the work schedule." Employees will have to take written consent to change the working regime. If a new employee is hired, then it is easy to familiarize him with all local documents and stipulate the working day regime at the stage of signing an employment contract.
What the employer should remember
When compiling a model of the regulation on irregular working hours for drivers and other positions, it should be noted that even if during the calendar year an employee was not involved in the irregular working day, he is still entitled to additional leave.
It is possible to involve an employee in such work only occasionally; it is not allowed to leave workers at work daily. Such actions can be regarded as overtime work, and such work should be paid extra.
Work is not allowed on days when official weekends and holidays. The employer must issue an order before introducing the provision and justify the need to introduce a non-standard schedule for certain categories of employees. On such processing days, it is not allowed to force the employee to perform other duties that are not provided for by the job description. We should not forget and use this type of work schedule for all employees, since without even involving them in work after school hours, you will have to provide them with additional vacation days.