Irregular working hours - how many hours a day does it last? This is a very interesting question. Legislation regulates it, but for some reason few know about a clear framework. We begin to understand the issue by definition, because it is impossible to understand something, while it is not clear what is at stake.
Definition
The Labor Code contains article 97, which states that if necessary, the employer may involve an employee in overtime work in several cases. When a person has established irregular working hours or in the case of overtime.
The law does not determine how many times you can work according to an irregular schedule or how many hours are allowed to process. And if there is no clear framework, then disputes between the employer and the employee are inevitable.
The Labor Code says that irregular working hours should not be permanent. Only periodic overtime work is allowed. Irregular working hours - how many hours a day does it take? It is difficult to answer this question until it is clear in what situations overtime activities are permitted. The Code allows you to stay at work if the production task is not completed, but there is a need to complete it. This includes equipment repairs, important negotiations, and more. Even if the irregular working day is determined by the profession, it does not mean that the employer should have no reason to call an employee.
If the reasons are serious, then the leader can attract a person both before the start of the shift, and after its completion. However, the consent of the employee is not required.
To whom it applies
The employer must approve the list of positions of employees who work irregularly. These workers are involved in activities outside working hours. It is important that the corresponding clause is spelled out in the local acts of the enterprise.
Among such employees:
- Economic, technical and administrative staff.
- Workers who do not have clear working hours. It can be agents, consultants and other people.
- Those who form their own work schedule.
- People whose workday is divided into time periods of different durations.
Irregular working hours - how many hours a day?
The Labor Code does not specify the maximum number of hours of processing. Overtime work is possible both before the start of the working day, and after its completion. It depends only on the needs of management.
It is important to ensure that irregularity does not turn into a system. By law, engaging in overtime work is possible only when there is no other way.
Compensation
Compensation relies on irregular working hours no matter how many hours a day it may be. According to labor law, it is expressed in the provision of three paid days off. It turns out that for an irregular schedule, a person receives additional leave. Its duration can be different and it depends on the load, position and the vastness of the work.
In any case, additional leave is granted to an employee whose position provides for an irregular schedule. Even if an employee has never been involved in overtime, he is still entitled to leave.
The employee can also write a statement asking him to replace the weekend with a cash payment. Financial compensation is calculated based on average monthly earnings. But this does not mean that the employer will change one for another. The manager has the right to refuse a replacement and will appoint an additional weekend for the employee.
Enterprises have the right to introduce their own compensation for overtime work, but this point should be reflected in local regulations.
How is it made out
To the question, how many hours is an irregular working day, we have already answered. But they did not tell you how the irregular schedule is drawn up if the manager decided to introduce such a mode of work for certain posts.
- The head determines and approves the list of posts, makes changes to the work schedule and collective agreement.
- The employer must familiarize all people affected by the change with the new regime. Employees are notified of a change in labor regime in two months. But one notice is not enough, therefore, additional agreements to labor contracts are issued. When employees are again hired for posts with a changed schedule, they sign a new labor contract that lists all the changes.
- The manager must warn the employee that he is working overtime one day. By law, both an oral warning and a written warning are allowed. But in order to avoid disputes, experts recommend using a written form.
- The employer is required to develop a document that will display hours of overtime. This is due to the fact that the processing time is not reflected in the usual timesheet.
Important points
How many hours are irregular working hours? We already found out that, now we will analyze the nuances of overtime work.
- The employer does not have the right to involve employees with irregular schedules in work that is not part of their responsibilities.
- Workers with irregular working hours cannot work a full week. A part-time week is introduced for them.
- Employees with irregular schedules do not work on holidays and weekends. If they are involved in such activities, they must additionally pay for it, as well as employees with a standard working week.
- An irregular working day, no matter how many hours a week would have lasted, cannot be entered for all employees of the enterprise.
The difference between overtime and irregular days
These concepts are very often confused, hence the problems arise. Let's see how one is different from the other. So what is the difference?
- An irregular working day, how many hours a week a person would not work, has no time limit. The only condition is the episodic nature of such processing. With regard to overtime, the law clearly defines the time, which is no longer work. Under the Labor Code, you cannot load a person overtime for more than four hours in two days or 120 hours per year.
- The irregular schedule provides for compensation in the form of additional leave. For overtime work, they are given time off or paid extra.
- In order for an employee to work on an irregular schedule, his consent is not required. But until the employee agrees to work overtime, no one can attract him.
- The employment contract must indicate an irregular schedule. But overtime is not displayed in the document.
Who can't work overtime
According to Articles 99 and 101 of the Labor Code of the Russian Federation, irregular working hours, no matter how many hours they would not last, cannot be applied to employees who are prohibited from engaging in such work.
These people include the following groups:
- Minors.
- Pregnant
- Employees who are trained.
There are also categories for which you must first obtain consent for an irregular schedule. A written confirmation is taken from these people, provided that there are no medical contraindications to such work.
- Fathers and single mothers.
- People with disabilities.
- Employees who patronize a minor.
- Women with children under the age of three.
If the employer abuses the regime
Although there is no irregular working day in the Labor Code of the Russian Federation, no matter how many hours it lasts, there are situations where the employer establishes this mode of work almost daily. Some managers do not introduce irregularities, but do not pay for overtime. How to be in this situation? You can complain to the labor inspectorate. Upon the fact of the complaint, an audit will be organized, and if it is proved that the employer has really violated the law, then he will be fined and obligated to pay compensation to the employee as overtime.
But the leader will be punished only when a gross violation is revealed. For this reason, going to court will be much more effective.
Work accounting
How is the time of an irregular working day taken into account? Accounting is carried out in the same way as with a regular schedule. The time that goes beyond this schedule is simply not taken into account. This is explained by the fact that for an irregular schedule an additional vacation is provided, and not monetary compensation.
And everything would be fine, but the Labor Code prescribes to keep records of all the time that the employee worked, so the employer is developing a separate document. This can be an accounting journal or a time sheet in which hours are displayed above the norm.
The document must be in the enterprise without fail, because anything can happen, and in such situations a report is required.
Irregular schedule and multiple jobs
What does irregular working day mean is understandable. It was pretty easy to figure it out. We also learned that with such a schedule you can’t work a full week. Despite this, a person must work out a full shift.
It is impossible to combine a full day and a full work week; there is no sense in such a combination. But the law does not prohibit the establishment of an irregular regime for those who work concurrently. It is important to remember some nuances:
- An incomplete day is considered to be less than four hours. For this reason, an employee cannot make an irregular schedule.
- When a part-time worker has free days in the middle of the working week, he can work all day, but the working week in this case will be incomplete. In such a situation, the working day will be irregular, and the employer will have to compensate for the processing with additional leave.
Who can count on an extra vacation
The Labor Code does not establish positions in which work is carried out according to an irregular schedule. It turns out that any employee can approve an irregular day, the main thing is that this moment be reflected in an individual and collective agreement.
But the government has determined the job list, which is recommended for appointment for irregular working hours.
It indicates:
- Leaders.
- Workers whose activities cannot be limited by time frames.
- Ancillary workers.
- Employees whose work is assessed by results.
- People whose working day is divided into several unequal time periods.
The internal affairs bodies distribute additional leave in accordance with the positions of irregular working hours. It looks like this:
- Junior leaders and privates receive an additional seven days.
- The bosses are assigned a nine-day vacation.
- Top management goes on vacation for ten days.
Municipal and public servants are entitled to three additional days off. This moment is spelled out in federal laws and cannot be violated.
Vacation duration
The irregular schedule is offset by additional vacation days. The minimum can be set for three days, the maximum is determined by the employer.
This point should be spelled out in the local documentation of the enterprise. Only those people who have been appointed in writing can apply for additional vacation days. Although the law permits oral orders, it is better for employees if an order is issued on irregular working hours. Then in case a controversial situation arises, the employee will be able to prove his innocence.
How is provided
We have already said that the fact of an irregular schedule should be reflected in the employment contract. But how are vacations assigned to different employees?
Those who are on the staff list go on vacation on the basis of an employment contract. It fixes the duration of rest, which means that less than this time vacation cannot be assigned.
If we are talking about combining, then there are some nuances. For example, leave is provided for two jobs at the same time. When the duration of vacations differs in two jobs, the employee has the right to equalize their duration. Moreover, he will lose in wages. It is important to remember that the manager must comply with the request of the part-time worker. Even when the second job has not passed another six months from the moment of the device, vacation is charged in advance.
If at one enterprise a person combines several positions, then he does not receive additional days of vacation. He is given a supplement to the salary. It corresponds to the amount of work.
How to get a vacation
An irregular working day in the contract must be spelled out, as well as the duration of the vacation. We have not yet told you what documents must be submitted in order to receive compensation. This should be a statement addressed to the head. The paper will be reviewed by the employer and issue an employee leave order. Before the document comes into force, the employee must familiarize himself with it and put his signature. Most often, T-6 form is used for orders.
Marks in the contract
Changes to the non-standardized working day must be made to the contract. This also applies to the number of days of extra vacation. By signing the contract, the employee agrees to the terms of the employer. Therefore, if disputes arise due to disagreement in the days of additional leave, the employer will be absolutely right. The employee read the contract and signed it, which means that the conditions were satisfactory.
Financial compensation
We have already said above that irregular working hours in the Russian Federation are compensated by leave or, at the request of the employee, monetary compensation. Let's take a closer look at this question.
Payments are calculated based on average earnings for twelve months. First, the person’s salary for the whole year is calculated, then the months are set that the employee fully worked. After that, the number of days worked out partially by the employee is determined. Next, you need to calculate the total number of days that have been worked out. Based on the results of all actions, the average daily earnings are calculated. Compensation for the holidays will be this figure multiplied by the number of vacation days.
In order to calculate the amount of compensation for the vacation to an employee who has worked in less than a year, you need to find out how many working hours are in an unregulated day. For this, the number of working days in a year is calculated and divided by 12 months. Next, the number of months for which the employee is entitled to leave is calculated. By this principle, the number of non-standardized hours is also calculated.
How is provided
A person has the right to leave for irregular working hours. How many hours per year are allowed to work according to an irregular schedule are not indicated anywhere, but the fact is stipulated that the nature of such work should be episodic.
If the main vacation can be obtained in advance, then how are things with the extra? You can also go into it even without having worked the required year, but only if the employer agrees.
An employee can take vacations in previous years if he has not used it. This point needs to be agreed with the employer, since the latter needs the work not to stand. It is important to remember that holidays do not “burn out”, and you can go on vacation in any order.
The main, as well as additional leave, can be divided into parts, but can, on the contrary, be combined into one. Here, the consent of the employer also matters. In addition, it is important that one part of the rest is at least two weeks.
You can also transfer additional vacation days. In this case, leave must be used during the year when it was appointed. And an agreement with the leader is also important.
When denied compensation
In some cases, the employer may refuse to pay vacation compensation. For example, if the employee is a minor, carries out activities in hazardous work. The same applies to employees who are preparing to become a mother.
Business trips with irregular schedule
We have already said that the law does not regulate how many hours per month an irregular working day can take. It is interesting to talk about business trips with such a schedule. The law does not prohibit business trips, but experts, however, do not recommend using these employees for travel.The fact is that such employees have a special legal position, and various disputes and disagreements may arise on this subject. In the trial, business trips can be evidence that the employer is not reducing the workload of subordinates.
If the employee was also pregnant, then the head will be completely guilty and will be punished.
Who is paid extra vacation
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Conclusion
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Experienced lawyers say that it is preferable to go to court, since the inspection of the inspector will give a result only in case of an obvious violation. For some reason, minor inconsistencies and inconsistencies are not an argument for representatives of this body.
Turning to the court you will surely be sure that they will react to your application and will understand it. To prove your case, prepare documents that can confirm your processing. It will be nice to bring a few witnesses confirming your words. As a rule, the court takes the side of the plaintiff and imposes a fine on the employer.
Finally, I want to say that you need to carefully read the employment contract, and then such problems will not arise. If you put a signature on the document, then you have agreed to its content. In this case, to make claims to the employer is stupid and unpromising. Remember this and draw the right conclusions.