Nuances of the Labor Code: what is an irregular working day? Definition and nuances of irregular working hours according to the Labor Code of the Russian Federation

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Irregular working hours of the Labor Code of the Russian Federation V 2019 considers as a situation when a worker is involved in work outside of working hours at the initiative of the employer before or after a working day. A logical question arises: an irregular working day is how many hours? The duration of irregular working hours is not regulated by law. But this mode of operation can only be carried out periodically. In other words, an employee can work beyond the norm sometimes and when there is an urgent need.

The competence of a labor inspectorate employee does not include regulating relations between a subordinate and an employer, therefore the employer will be held liable only in case of a clear violation of labor legislation (paragraph 6, part 1, article 357 of the Labor Code of the Russian Federation). Since the duration of work beyond the norm is not regulated by the Labor Code, it is better for the employee to immediately file a claim in court.

The list of positions with irregular working hours in accordance with the Labor Code of the Russian Federation is established by a collective agreement. This type of work is typical for those who occupy management positions, business personnel, technical support specialists, and remote specialists (outsourced).

Regulations on irregular working hours, sample

Vacation for irregular working hours: Labor Code of the Russian Federation

When working outside of working hours, employees are subject to the usual work schedule. They are not required to work on holidays and weekends. In other words, an employee’s involvement in work on such days can only occur on a general basis with payment in excess of the established wage (Article 113, Labor Code of the Russian Federation). The employer is not required to pay for additional work time as with overtime.

One of the important aspects of working in this mode is vacation for irregular working hours, which the Labor Code of the Russian Federation considers as follows: . For an irregular working day, the employee receives in addition to at least 3 calendar days, unless the enterprise has adopted a different duration of such leave (Article 116, Labor Code of the Russian Federation; clause 3 of the Rules, approved by Decree of the Government of the Russian Federation of December 11, 2002 N 884 ). Increased leave is provided to the employee regardless of whether he was involved in overtime in the previous year or not. In any case, the employee must be released additional rest.

In addition to the fact that he can be granted additional leave for an irregular working day, the employee can also, if desired, receive a cash payment for an irregular working day instead of additional days of vacation (Part 1 of Article 126 of the Labor Code of the Russian Federation). Cash remuneration is calculated based on the average salary of the employee.

Some groups of workers are prohibited from compensating for additional leave with cash payments. In this case, the employer is not obliged to additionally pay for irregular working hours instead of providing vacation (Example from judicial practice - Determination of the Supreme Court of the Komi Republic dated 08/15/2011 N 33-4410/2011). An enterprise may pay other types of payments for irregular working hours, prescribed in agreements, local regulations, collective or labor agreements.

To summarize, we can say that on certain issues, if we take the Labor Code, irregular working hours are not strictly regulated by law. Some employers abuse this and systematically involve employees in overwork, without bothering to provide them with additional rest time or monetary remuneration.

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

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

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

Irregular working hours are a special mode of work in which individual employees, if necessary, by order of the manager, may occasionally be involved in the performance of their official duties outside of their working hours. In this case, the list of positions that can work on irregular working hours must be stipulated in the collective agreement, agreements with employees or other regulatory acts of the organization.

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

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

The Labor Code obliges the employer to keep records of overtime worked by employees and provide the employee with compensation for such work in the form of additional days of vacation (currently no less than 3 days), and also sets restrictions on the duration of overtime work: in Russia this is no more than 4 hours per day. 2 days in a row, and no more than 120 hours per year.

However, it is important to know that employees may not necessarily be required to work overtime if they have irregular working hours. Therefore, irregular working hours are one of the options for attracting employees to work overtime, but not the only one.

Let's highlight the main important points that follow from the legally established definition of irregular working hours:

1. Irregular working hours can be established only for individual employees of the enterprise, the list of whom must be documented.
2. With irregular working hours, employees may be required to work outside of their working hours, that is, these limits must be specifically established.
3. In order for an employee to work beyond his established working hours, there must be a corresponding order from the manager.
4. In excess of the established time, an employee with irregular working hours works only when necessary and occasionally, and not constantly. Moreover, there are time restrictions on such work.
5. When working overtime, an employee must perform his or her job duties and not engage in any other work.
6. Overtime must be taken into account and compensated for in the form of additional vacation days.

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

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

1. The condition of irregular working hours must be specified in the employment contract signed with the employee (or in the collective agreement for a specific position). In addition, the contract must indicate the boundaries of working hours during normal work, which do not go beyond the norms of the Labor Code.
2. When working on irregular working hours, overtime work is carried out in most cases by verbal order of the manager, while with a regular work schedule, overtime work requires a written order.
3. If an employee has an irregular working day, then he does not have the right to refuse to do overtime work, but if not, then he has. In some cases, the employee’s written consent to work overtime is usually required.
4. If an employee works as usual, then in order to attract him to overtime work there must be clear reasons provided for in the article of the Labor Code on overtime work. In case of irregular working hours, there must also be a justification for overtime work, but it can be anything, not necessarily specified in the article of the Labor Code.
5. Under normal conditions, overtime work is paid at one and a half and double times, and in case of irregular working hours, compensation is provided for it in the form of additional days of vacation.
6. In both cases, overtime must be taken into account and must not exceed 4 hours on 2 consecutive days, or 120 hours per year.
7. During normal work hours, an employee receives the right, instead of paying overtime, to take additional days off, but with irregular working hours there is no such opportunity, in addition to the additional days of vacation officially granted to him for working in this mode.

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

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

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

And despite the fact that in conditions of a significant excess of the supply of labor over the demand for it, employers will always dictate their terms and adhere to the position “if you don’t like it, no one keeps it, there’s still a queue of them,” I am for employees to know their rights and knew how to defend them. In particular, this applies to irregular working hours: when signing up for such conditions, you must clearly understand what they mean within the framework of current labor legislation and demand compliance with them in relation to yourself. This is your legal right and should not be neglected.

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

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.

For an employee working on a part-time basis, an irregular working day can be established only if the agreement of the parties to the employment contract establishes a part-time working week, but with a full working day (shift).

Comments to Art. 101 Labor Code of the Russian Federation

1. The commented article reveals the concept of “irregular working hours” and indicates that the list of positions of employees with such working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees. The article, for the first time at the legislative level, reveals the main features of this type of working day: work at the order of the employer outside the normal working hours.

2. An irregular working day, as indicated in the commented article, is established for certain categories of workers with special working conditions, when, due to production needs, on certain days of the week they are allowed to perform work beyond the normal working day, as a rule, without additional pay or compensation in the form time off. Therefore, irregular working hours are introduced for certain categories of workers, usually occupying leadership positions in the organization, and for specialists whose work cannot be counted in time. For example, on November 1, 2007, the Board of the Pension Fund of the Russian Federation adopted Resolution No. 274p “On approval of the List of positions for employees of the Pension Fund system with irregular working hours and establishing the duration of the annual additional paid leave for employees of the Pension Fund system.”

However, these workers are subject to general rules regarding starting and finishing times. Their overtime is not considered overtime work and therefore is not subject to increased pay. Compensation for overtime on certain days of the week in excess of the established working day is provided in the form of additional paid leave. The procedure for granting such leave is determined in local regulations or in the employment contract when hiring, since irregular working hours are one of the working conditions for these workers (Article 119 of the Labor Code).

The establishment of an irregular working day does not mean that these workers are not subject to the basic provisions of labor legislation on standards of working time and rest time. Therefore, involvement in work beyond normal working hours cannot be systematic.

3. When an employee is involved in work outside of normal working hours, his consent is not required, since this issue is discussed when concluding an employment contract.

Some regulations establish that irregular working hours are introduced for certain categories of workers, for example, for drivers of passenger cars, except for taxi drivers (Regulations on the peculiarities of working hours and rest time for car drivers approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 ).

4. The letter of the Federal Service for Labor and Employment dated June 7, 2008 N 1316-6-1 “On work on irregular working hours” states that in accordance with Art. 101 of the Labor Code, irregular working hours - a special work schedule, 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.

An employee may be involved in the performance of his labor functions both before the start of the working day (shift) and after the end of the working day (shift).

From Art. 119 of the Labor Code in the new edition excludes the rule that if the employer does not provide additional leave for using an employee on irregular working hours, overtime overtime in excess of normal working hours with the written consent of the employee is compensated as overtime work.

Thus, the Labor Code does not recognize overtime during irregular working hours as overtime work, in which certain guarantees must be observed (for example, limiting overtime hours, additional payment), and Art. 97 of the Labor Code, which provides for the possibility of overtime in two cases (for overtime work and for work in conditions of irregular working hours), actually confirms this. In other words, for work on irregular working hours, compensation is provided only in the form of additional leave, the duration of which is determined by a collective agreement or internal labor regulations and cannot be less than 3 calendar days.

At the same time, the introduction of irregular working hours for employees does not mean that they are not subject to the rules determining the start and end times of work, the procedure for recording working hours, etc. These workers are generally exempt from work on weekly rest days and holidays.

Thus, the involvement of employees who have an irregular working day to work on their days off and non-working holidays should be carried out using the provisions of Art. Art. 113 and 153 TK.

It should also be borne in mind that the involvement of employees in work beyond the established working hours should not be systematic, but should occur from time to time (episodic) and in certain cases.

From time to time, as a lawyer, I have to answer questions about the legal relationship between an employee and his employer when conducting legal advice when using a working day in excess of the working time established by the employer (irregular working hours). How legal is this and how is it regulated by current legislation, including the Labor Code of the Russian Federation (LC RF) applied in this case? Let's try to answer these questions in this article.

In 2019, there were some changes to the irregular working hours at the legislative level. Now it can not be applied to everyone and not always. But we will talk about this at the end of this publication. Now let's try to define the labor relations in question in simple words.

If you open the Labor Code of the Russian Federation, you can see two similar concepts: “irregular working hours” and “overtime”. The concepts are similar, but the consequences of their application are different.

If the employer engages an employee on any day outside the working hours (standard) established by the employment contract to perform the duties stipulated by the employment contract, this is an irregular working day. When might such a need arise for an employer? For example, when something happened at the enterprise, or a previously unplanned amount of work appeared, or in other unforeseen cases.

So, we draw conclusions: the reason for extracurricular irregular work must be an emergency or production necessity. The hired employee must perform his direct duties and do his job during this period of time. The number of irregular hours must be reflected in the employee’s employment contract, and if this is not the case, and the employee is called to work beyond the standard, these are already overtime hours, paid additionally according to the established rules of the Labor Code of the Russian Federation.

How many irregular hours can there be in 2019?

First, let's mention those employees who cannot be forced to work beyond the working hours established by the Labor Code, and who can only be recruited for this on a voluntary basis:

• Persons under 18 years of age.
• Single mothers with children under 14 years old.
• Disabled workers.

The next limitation is that it is not regulated; you cannot engage an employee for several days in a row, much less constantly. That is, the Labor Code of the Russian Federation establishes that systematicity in this approach is prohibited. And rightly so - after all, this is like a forced, unplanned step by the employer.

But the Labor Code of the Russian Federation does not provide for the number of such working days in a month or hours in each day, both in 2019 and earlier. This remains the employer's prerogative.

Why do we need a provision on long working hours?

If the organization plans to use irregular working hours for employees, then for these purposes it is necessary to issue a corresponding regulation in advance, in which an exhaustive list of positions with norms of hours and days of overtime, as well as the number of days of additional leave that will be provided for such work, must be indicated.

The employer must familiarize all employees with this provision and issue an order approving it. An unapproved provision, with which the labor collective was not familiarized in a timely manner, has no legal force.

Regulation in the employment contract

Each employee to whom an irregular day will be applied must have an appropriate settlement of this important issue in the employment contract, where, already upon hiring or after - by additional agreement, the number of days in a year or hours in one week during which the employee will not work normally.

And, naturally, the employment contract must reflect the regulation of compensation to the employee for such work - the number of days of additional leave - at least 72 hours of leave, regardless of the number of extra-hour hours worked. The limit for additional leave for budgetary organizations has also been established - 14 days. For commercial enterprises, the limit on the number of days of such leave does not apply and can be specified in the employment contract at the request of the employer, but not less than 72 hours.

changes in the Labor Code of the Russian Federation

In 2019, Article 101 of the Labor Code of the Russian Federation underwent significant changes, according to which the concept of irregular working hours can now be applied to citizens who work part-time and subject to the mandatory presence of two conditions:

• the employee’s part-time working week is established by his employment contract,
• The employee works full time at the company.

This means that if an employee has an established part-time working week, then it will not be possible to apply irregular working hours to him. At the same time, irregular and at the same time irregular working hours cannot now be used.

Lawyer Gennady Efremov

Lately, employers who are having difficulties with people working long hours have been turning to us for clarification. The problem is that the latter sometimes start work later, for example, a couple of hours, believing that being late is acceptable, since in previous days there were delays at work after its formal end. And if they were often late, they demand paid time off, indicating that they already worked too much, and significantly. Is the position of the workers legal, should the employer satisfy their demands and provide an additional day off, how is work structured during irregular working hours? You will find answers to these and other questions in the article.

According to Art. 97 of the Labor Code of the Russian Federation, the employer has the right, in the manner prescribed by the Labor Code, to involve an employee in work beyond the working hours established for him:

• for overtime work (Article 99 of the Labor Code of the Russian Federation);
• if he works on irregular working hours (Article 101 of the Labor Code of the Russian Federation).

The concept of irregular working hours

Article 101 of the Labor Code of the Russian Federation provides a clear definition of such a working regime - this is a regime in which individual employees can, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them.

In practice, HR and accounting services often equate irregular working hours to overtime work, but without providing appropriate guarantees.

Overtime work is carried out at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation). That is, the concept of irregular working hours in the Labor Code presupposes the appointment of a special working time regime. It is incorrect to equate this concept with overtime work.

Those who work irregular working hours, like other employees, are subject to the work schedule of the organization. For example, if a company’s working day starts at 9.00 and ends at 18.00, then an employee with irregular working hours must come to and leave work at the specified time. The key point with irregular working hours is that the employee is involved in work beyond the established working hours occasionally, that is, not often. Although there are employers who are confident that if an employee has such a work schedule, he must sit at work from 8.00 to 00.00. This is mistake.

Many workers believe that since they have an irregular working day, they can come to work at 10:00 or 11:00 instead of the required 9:00, or leave whenever they please. It's a delusion. The introduction of irregular working hours does not at all imply a flexible working schedule. The application of such a regime to a separate group of persons does not relieve them from responsibility for failure to comply with labor discipline.

Thus, the employee filed a lawsuit to declare the disciplinary sanction illegal. He was reprimanded for being 25 minutes late for work. The employee believed that there could be no delay, since he had an irregular working day. The court, recognizing the disciplinary sanction as legal, indicated that Irregular working hours involve working outside the established working hours and do not provide for the release of the employee from work within the established working hours, as well as the employee’s arbitrary independent determination of the time of arrival and departure from work, and lateness for work(Determination of the Moscow City Court dated 06/07/2016 No. 4g-5671/2016) .

Who can have irregular working hours?

Let us say right away that the Labor Code does not limit the choice of the employer: it has the right to determine the categories of employees who can be assigned such a work regime. The main condition is to develop and approve a list of employee positions. It is included in the collective agreement, agreement or any local regulation of the employer.

Such a list may include employee positions:

• the duration of work of which cannot be accurately calculated (company managers, business personnel and technical service workers);
• planning to complete assigned tasks at their own discretion;
• whose working day is divided into intervals of unspecified duration.

You should not include absolutely all positions on the staffing table in the list - controllers will consider this irrational.

For your information

The list of positions of employees with irregular working hours must be agreed upon with the representative body of employees (if there is one).

Let's give an example of what such a list might look like.

For working irregular hours, employees holding positions named in clauses 1 and 2 are granted an additional annual paid leave of 5 calendar days in accordance with clause 3.7 of the internal labor regulations dated 10.10.2003 No. 3.

Is it possible to establish an irregular working day for a person performing work on a part-time basis?

Yes, you can. There is no corresponding prohibition, and Rostrud has spoken out on this issue more than once, pointing out this possibility (see, for example, Letter dated April 19, 2010 No. 1073-6-1).

Drawing up conditions for irregular working hours

Many employers believe that if an employee is familiar with local regulations, according to which his position requires a special work schedule, this is enough to periodically involve the employee in working beyond normal limits. Moreover, most employers prefer not to formalize the recruitment in any way, making verbal orders. However, let us say right away that it is not enough to approve a list of positions for workers with irregular working hours. Any time it is necessary for an employee to work more than he should, this should be documented.

So, if even before hiring it is known that this employee will need irregular working hours, before concluding an employment contract, the newcomer must be familiarized with local regulations that establish a list of positions with irregular working hours, indicate the type and amount of compensation for work in this mode. Then an employment contract is drawn up, which includes a condition for working on irregular working hours, if the corresponding position is included in the list of positions of employees with irregular working hours. The inclusion of such a condition in the contract is necessary, since among the mandatory conditions of the employment contract named in Art. 57 of the Labor Code of the Russian Federation, it appears working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer).

Thus, the employee was disciplined for refusing to continue working outside of working hours. Recognizing the punishment as illegal, the court said that failure to comply with the verbal order of the head of the department on the urgent processing of materials for the field season cannot serve as a basis for bringing to disciplinary liability in the form of a reprimand, even if the employment contract establishes a regime of irregular working hours (Appeal ruling of the Kurgan Regional Court dated 07.08. .2014 in case No. 33-1982/2014).

After signing the employment contract, an order is issued in which in the column “Conditions of employment, nature of work” an indication of a special mode of work is made. Next, fill out a work book without indicating a special mode of work, and the employee’s personal card.

If the position was included in the said list during the work process, then employees occupying these positions must be notified in writing of the change in work mode at least two months before the establishment of the new mode. Since Art. 74 of the Labor Code of the Russian Federation allows changing the terms of an employment contract only for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.), the employer must have reasons to include a particular position in the list of positions with irregular working hours.

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another available job (both a vacant position or work that meets his qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health condition.

In the absence of the specified work or refusal of the proposed employment contract is terminated in accordance with clause 7, part 1, art. 77 Labor Code of the Russian Federation.

Registration of attraction to work beyond normal working hours

In irregular working hours, an employee is involved in work periodically by order of the employer. However, in Art. 101 of the Labor Code of the Russian Federation does not say how such an order should be drawn up. Based on this, we can say that the legislator also allows oral form. At the same time, we believe that oral instructions should only be used if the company has clearly established time tracking.

There are two positions regarding the fixation of overtime during irregular working hours.

Some experts believe that this is simply necessary, since according to Part 4 of Art. 91 of the Labor Code of the Russian Federation, each employer must keep accurate records of the working time worked by each employee. For this purpose, a work time sheet of the unified form T-12 or T-13 is most often used. Using magazines is also not prohibited.

If an employee is late after work, then most likely the employee entering information into the time sheet will go home earlier, and accordingly there will be no one to record the number of overtime hours. In such cases, it is advisable to issue a written order. In addition, you can stipulate in the job description or employment contract, for example, that an employee stays at work for two hours twice a month to prepare a report. But there is no need to establish a condition that you need to stay late every day or every other day. Otherwise, when an employee applies to the State Labor Inspectorate, inspectors recognize such periodic involvement in work outside working hours as a violation of labor legislation.

Other experts believe that indicating overtime on the timesheet leads to the possibility of confusing irregular working hours with overtime work, and if the accountant considers the mark on the timesheet to be information about overtime, he will pay for it.

We adhere to the first point of view, since no one has canceled the time sheet. And recording the time spent at work will help the employer track the frequency of going beyond the working day. In addition, time tracking will be useful in the event of any emergency - it will be possible to say for sure whether the employee was at work or not.

note

Compensation for working irregular hours

As we found out, overtime during the named work mode is not paid. However, legislators did not leave such workers without compensation.

Article 119 of the Labor Code of the Russian Federation determines that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and cannot be less than three calendar days. This leave can be added to the annual main paid leave or taken separately.

note

The right to additional paid leave does not depend on whether the employee works overtime or goes home on time. If the employment contract reflects the condition of irregular working hours, then it will not be possible to avoid the provision of additional days of rest.

Sometimes employees, believing that they have worked a lot (for example, worked outside working hours every day for a month), ask the employer for an additional paid day off. Their desire is understandable - they thought that they would overwork sometimes, but the employer involved them in such work all the time. But overtime hours during irregular working hours are not equal to overtime hours during overtime work, in which an employee has the right to choose additional rest time instead of increased pay (Article 152 of the Labor Code of the Russian Federation). Since the law provides for only one type of compensation - additional leave, the employer is not obliged to satisfy such a request,

Attracting to work on holidays and weekends, to work at night

Let us repeat that many employers interpret Art. 101 of the Labor Code of the Russian Federation in their favor, considering that those who work irregular working hours must work “without days off or holidays.” But this position is wrong. Workers in this regime are subject to all the norms of the Labor Code and can be recruited to work on a non-working holiday or day off only in compliance with the rules established by the code.

For example, to attract employees with irregular working hours to work on days off, you will have to strictly follow Art. 113 of the Labor Code of the Russian Federation and formalize:

• written agreement;
• taking into account the opinion of the elected body of the primary trade union organization;
• notification of the right to refuse work on a day off (for disabled people, women with children under three years of age) and familiarize employees with it against signature;
• order to hire someone to work on a day off.

In addition, before issuing an order, you will have to make sure that employees have no medical contraindications for such work.

Finally, work on a day off must be paid according to the rules of Art. 153 Labor Code of the Russian Federation.

For your information

Work on a weekend or a non-working holiday is paid at least double the amount:

• for piece workers - no less than double piece rates;
• employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
• for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed within the monthly working time norm, and in the amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working hours.

Like working on weekends, working at night is a deviation from the norm for an employee with irregular working hours. Let us remind you that according to Art. 96 of the Labor Code of the Russian Federation, the time from 22.00 to 6.00 is considered night time. Accordingly, employment at this time must be properly formalized and paid at an increased rate - at least 20% is added to the salary or tariff rate (Article 154 of the Labor Code of the Russian Federation).

Summarize

If necessary, the organization can establish an irregular working day for individual employees. At the same time, a local regulatory act must define a list of positions for which such a work regime is applied. The provision for a working mode that differs from that established in the organization must be recorded in the employment contract.

An irregular work schedule presupposes adherence to the established work and rest regime at the enterprise, and, if necessary, an increase in work hours. Overtime is compensated by additional paid leave of at least three days.