What does a normal working day mean? Allowances for irregular working hours. Regulations on irregular working hours, sample

For him, to perform overtime work (Article 99 of the Labor Code of the Russian Federation) or if he works on irregular working hours (Article 101 of the Labor Code of the Russian Federation). Let’s say right away that employees do not always correctly understand what working with irregular working hours means. Quite often, they believe that working in a named mode means that they can come to and leave work as needed. However, this is not true. In this article we will talk about irregular working hours and explain how work is structured in this mode.

The working hours of creative workers differ significantly from the generally accepted eight-hour working day, as they depend on the schedules of performances, performances and rehearsals. In addition, such workers often have to go on tour to other cities. Nevertheless, the standard working time, as a general rule, is the same for all workers, including creative ones, and cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation), unless the creative worker belongs to the category of persons for whom reduced working hours are established. weeks. Let us recall that these are (Article 92 of the Labor Code of the Russian Federation):

minor workers under the age of 16 (no more than 24 hours per week);

teenagers from 16 to 18 years old (no more than 35 hours per week);

workers - disabled people of group I or II (no more than 35 hours per week);

employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful 3rd or 4th degree or hazardous working conditions (no more than 36 hours per week).

Standard working hours can be developed under various working conditions, including irregular working hours.

The concept of irregular working hours

The definition of such an operating mode is given in Art. 101 Labor Code of the Russian Federation. This is a special regime in which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them.

It should be noted that many employers, referring to this norm, force employees to work overtime every day, covering up overtime work with irregular working hours. However, labor legislation considers irregular working hours not as an extended working day compared to the generally established one, but as a special procedure for the distribution of working time within the working day and (or) working week. Its specificity lies in the fact that in most cases the employee is subordinate to the general operating hours of the organization, but at the same time he can stay at work to perform his job functions beyond a certain length of the working day (shift) or come to work before the start of work (shift) (Appeal ruling of the Moscow City Court dated February 14, 2017 in case No. 33-5691/2017).

Please note: The nuance of working in irregular working hours is that the employee is involved in work beyond the established working hours occasionally, that is, infrequently.

That is, if in an institution the working day begins, for example, at 8.00 and ends at 17.00, then an employee with irregular working hours must come to and leave work at the specified time.

The establishment of irregular working hours does not imply a flexible work schedule. That is, if an organization starts working at 8.00, the employee cannot come, for example, at 9.00 or 10.00 and leave before the end of work. And this is confirmed by judicial practice.

Thus, an employee was reprimanded for being 25 minutes late for work. He appealed to the court with a demand to declare the collection illegal, since he believed that there could be no delay, since he had an irregular working day. The court, refusing the employee, indicated that an irregular working day presupposes work outside the established working hours and does not provide for the release of the employee from work within the established working hours, as well as the arbitrary independent determination by the employee of the time of arrival and departure from work, and the assumption of lateness for work (Appeal ruling of the Moscow City Court dated November 26, 2015 No. 33-44271/2015).

Who can have irregular working hours?

The employer independently determines the list of employee positions for which irregular working hours are established. It is important that such a list is enshrined in a collective agreement, agreement or local regulation adopted taking into account the opinion of the workers’ body.

Typically, such a list includes positions of workers whose duration of work cannot be accurately calculated (heads of institutions, business personnel and technical service workers), as well as those who plan the implementation of assigned tasks at their own discretion and whose working day is divided into intervals of unspecified duration.

Overtime compensation

Work on irregular working hours is compensated to the employee only by additional leave. Moreover, the right to such leave arises regardless of whether the employee was involved in work beyond the norm or not. 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.

According to Art. 119 of the Labor Code of the Russian Federation, the duration of such leave is determined by a collective agreement or internal labor regulations and cannot be less than three calendar days.

Additional leave for irregular working hours may be added to the annual main paid leave (including extended leave), as well as to other annual additional paid leave.

Note: the rules for providing additional paid leave to employees with irregular working hours in federal government institutions are determined by Decree of the Government of the Russian Federation of December 11, 2002 No. 884.

Question:

Is it possible to provide employees with an additional day off for overtime?

Answer:

Indeed, quite often employees ask their employer for a day off, especially for drivers who often have to stay late after finishing work. However, overtime during irregular working hours is not the same as overtime during overtime work, in which the employee has the right to choose additional rest time instead of increased pay ( Art. 152 Labor Code of the Russian Federation). For irregular working hours, only vacation is entitled. Therefore, providing an additional day off remains at the discretion of the employer.

Question:

Is it necessary to pay compensation for unused vacation for irregular working hours when dismissing an employee who has not worked a full year?

Answer:

Article 127 of the Labor Code of the Russian Federation obliges the employee to pay compensation for all unused vacations upon dismissal. This means that it must be paid, but for the number of days corresponding to the time worked. For example, an employee is entitled to 4 days of additional leave after working for 8 months. Upon dismissal, he is entitled to compensation for 2.67 days (4 days / 12 months x 8 months).

Additionally, we note that the employee has the right to receive compensation for unused days of additional leave not only upon dismissal, but also during work. This right is granted to him by Part 1 of Art. 126 Labor Code of the Russian Federation: part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.

Establishing irregular working hours

If the position for which the employee is employed requires work on irregular working hours, before concluding an employment contract, he must be familiarized with local regulations that establish a list of positions with irregular working hours, as well as the type and amount of compensation for work in this mode. After this, an employment contract is concluded, which must include a condition on working on irregular working hours (part 2 of article 57, part 1 of article 100 of the Labor Code of the Russian Federation).

The next step will be the issuance of an order for employment, in the column “Conditions of employment” in which you must indicate the establishment of irregular working hours. But there is no need to enter information about the definition of such a regime - the employment record is made according to the general rules.

Please note: if the employment contract contains a condition for working on irregular working hours, and the position is not included in the corresponding list, disciplining an employee who refused to perform work outside the normal working hours will be illegal (see, for example, the Appeal ruling of the regional court dated 07/08 .2014 in case No. 33-1982/2014).

If the need for irregular working hours arose after hiring (for example, when transferring to a position requiring work in such a mode), the employer must familiarize the employee with local regulations establishing a list of positions with irregular working hours, as well as the type and amount of compensation for working in this mode.

If such a regime is just being introduced, the employee must be notified of the change in working conditions. It’s good if the employee agrees to the introduction of a new work schedule. What if not? In this case, the employer should be guided by Art. 74 of the Labor Code of the Russian Federation, which allows the employer to change the terms of the employment contract for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, etc.).

The employee is notified in writing at least two months before the introduction of a new work schedule, indicating the reasons why his position is included in the list of employees with irregular working hours. If you do not agree to work under the new conditions, the employer is obliged to offer the employee in writing another available job (both a vacant position or work that meets the qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health.

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

If you agree to a new work schedule, everything is much simpler: an additional agreement to the employment contract is concluded. It indicates that from such and such a date the employee has a special working regime, and also reflects the duration of additional paid leave and other changing conditions, if necessary. Based on the signed agreement, an order is issued to determine the irregular working hours in any form.

Is it necessary to register for employment outside working hours?

Article 101 of the Labor Code of the Russian Federation states that the involvement of an employee in work beyond the norm is carried out by order of the employer, and does not specify in what form it should be done. Employment law experts recommend documenting involvement in work outside of normal working hours. However, when considering disputes related to the performance of work during irregular working hours, the courts do not exclude the oral form.

For example, the Supreme Court of the Republic - Alanya in Determination No. 33-168/2014 dated February 19, 2014 in case No. 2-241/13 indicated that a decision to involve an employee in performing duties beyond the established normal working hours can be made and communicated to the employee direct (boss) orally, since the Labor Code of the Russian Federation does not provide for a specific form (oral or written) in which the employer gives orders to engage the employee to work outside of working hours.

Processing accounting

If an employee is assigned an irregular working day, then work beyond the established working hours is not reflected in the working time sheet.

Some experts still believe that it is simply necessary to include processing in the report card, 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. However, indicating overtime on the timesheet may lead to confusion between irregular working hours and overtime work and, accordingly, the latter will be paid.

We believe that it is necessary to record overtime, not in a time sheet, but in some other document, for example, an appropriate journal. Accounting for overtime may be useful in the event of any emergency: it will be possible to say for sure whether the employee was at work or not.

Work on weekends and holidays

Sometimes employers believe that employees with irregular working hours can be required to work on a weekend or holiday without any compensation. However, this is a mistake.

According to the general rule established by Art. 113 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is prohibited, except in cases provided for by the Labor Code. Working irregular hours does not apply to such cases. Consequently, engaging such employees to work on a weekend or holiday is carried out according to general rules: consent is asked (in some cases it is not necessary), certain categories of employees are familiarized with the right to refuse said work, an order is issued and guarantees and compensation are provided - increased pay work or providing additional rest time.

The court came to a similar conclusion in the Appeal ruling dated June 16, 2016 No. 33-2113/2016.

Work at night

Let us remind you that according to Art. 96 of the Labor Code of the Russian Federation, the time from 22.00 to 06.00 is considered night time and work at this time will be a deviation from the norm. This means that recruitment to work at night must be properly formalized and compensated by increased wages in accordance with the requirements of Art. 154 Labor Code of the Russian Federation.

Let's sum it up

Irregular working hours may be established for employees whose professions or positions are included in the list of professions and positions with irregular working hours. Such a list may be determined by an order of the employer or another local regulatory act of the institution or a collective agreement.

The employer is not required to pay extra for work on irregular working hours, since this is not overtime work. In addition, the Labor Code stipulates that employees are guaranteed additional paid leave for working irregular working hours. Failure to provide such leave may result in negative consequences for the employer, including administrative liability.

additional leave employment contract working conditions

Since the legislation does not define the criteria for episodic involvement in work within an irregular day and the maximum number of overtime hours, in practice disputes very often arise between the employee and the employer. Let's try to figure it out.

Another feature of this labor regime is the ability of the employer to engage an employee both before and after the end of the shift without obtaining his consent to work beyond the norm (Letter of Rostrud dated 06/07/2008 No. 1316-6-1). This position is confirmed by the recently issued Letter of the Ministry of Labor dated October 29, 2018 No. 14-2/OOG-8616. In the letter, officials remind that the introduction of an irregular working day should not change the established working hours, and overtime should not lead to the transformation of an irregular working day into an extended one.

If an employee’s employment contract does not contain a provision regarding irregular working hours, but he is occasionally involved in work outside of his work norm, such an employee may also qualify for additional days off. However, he may choose compensation in money. In this case, you need to be guided by the new edition Art. 119 TK— it excludes the rule that if the employer does not provide additional leave for using an employee on an irregular day, overtime in excess of the standard working hours with the written consent of the employee is compensated as. Thus, the legislator does not recognize overtime on irregular days as overtime work, which must be compensated by additional pay and has hourly restrictions.

At the same time, employees whose working hours are not standardized are subject to the rules regarding the beginning and end of the working day, providing them with weekly days off and rest on holidays. This means that it is possible to involve an employee in additional work on weekends and holidays only in compliance with the rules Art. 113 And Art. 153 Labor Code of the Russian Federation. This is also recalled in Letter of the Ministry of Labor No. 14-2/OOG-8616.

Night work is also a deviation from the norm, therefore it must be properly documented and paid at an increased rate established by local regulations or ( Art. 154 Labor Code of the Russian Federation).

Who gets an irregular day?

The legislation does not limit the employer in the choice of positions for which irregular working hours can be established. However, the determination of such a list must be approached taking into account the nature of the work and not include in it all positions available at the enterprise. This may raise questions from inspectors.

The list of positions can be drawn up in the form of a separate local regulatory act or included in a collective agreement or internal labor regulations. It must also be agreed upon with the representative body of employees (if there is one).

Sample order for approval of the list of positions

Documentation of conditions

When hiring an employee, it is necessary to familiarize him with the collective agreement, internal labor regulations and other local regulations in force in the organization and relating to his labor function. After this, an employment contract is concluded with the employee, which includes a condition for working on irregular working hours. By signing it, the employee agrees with the nature of the work, which involves overtime.

Sample employment contract

This condition must also be indicated in the employment order.

Sample order

It is worth noting that if an employment contract has been concluded with an employee for a position that is not in the approved list of professions with irregular working hours, then this condition is unlawful. Consequently, the employee has the right to refuse to work beyond the working hours and on this basis he cannot be brought to disciplinary liability.

If an employee is transferred to a position for which irregular working hours are established, then the employer should:

familiarize him with local regulations containing a list of positions with irregular working hours;
conclude an additional agreement to the employment contract to include conditions for irregular working hours and compensation for this type of work;
issue an appropriate order (in free form).

If the employee’s condition on irregular working hours is excluded, then the employer must enter into an additional agreement with him, which will contain a different work schedule, and issue a corresponding order.

Registration of attraction to work beyond the norm

The procedure for attracting workers to work beyond the norm during irregular working hours is not regulated. In practice, recruitment is often carried out on the basis of a verbal order from the boss or on the initiative of the employee himself who did not have time to complete the task. It seems that in order to guarantee the rights of employees, it is advisable for them to require a written order from the employer to engage in work beyond the norm, otherwise it will be difficult to prove the existence of such an expression of the employer’s will.

Work accounting

The working hours of an employee with irregular hours are recorded without taking into account the time worked in excess of the norm. This is due to the fact that he is not given monetary compensation, as is the case with overtime work, but is provided with additional annual leave. But since Article 91 of the Labor Code of the Russian Federation It is determined that the employer is obliged to keep track of the actual hours worked by each employee; the employer can keep such records in a separate, independently developed document, for example, a log book or a separate time sheet. This may come in handy if an emergency occurs while performing work outside of working hours.

Part-time and part-time work

According to Article 101 of the Labor Code of the Russian Federation, an employee working under conditions can be assigned an irregular day if he is assigned a part-time working week, but with a full working day (shift).

If the employee is assigned a part-time working day, then it is impossible to assign him an irregular working day. In this case, one of the labor regimes completely loses its meaning.

Also, the law does not prohibit the establishment of irregular days. But there are some peculiarities here:

If a part-time worker is given a working day of no more than 4 hours, then such a working day is considered incomplete. Therefore, it is impossible to establish an irregular working day;
If a part-time worker at his main place of work is free from work duties on some days, then he can work a full shift with a part-time work week. In this case, it will be possible for him to have an irregular working day (according to Art. 101 Labor Code of the Russian Federation) and, accordingly, compensation in the form of annual paid leave of at least three calendar days.

What is the difference between irregular hours and overtime work? Which employees should have irregular working hours? Who is entitled to additional leave and how much is it? What nuances should be taken into account when introducing an irregular regime?

The management of any company cares about its development and promotion in the market. Taking an organization to a new level and its further growth depends to a large extent on the personnel who work in it.

Accordingly, in modern business conditions, employers want to see in their employees not only knowledge, experience, qualifications, ingenuity, responsibility and other business qualities, but also a willingness to “live” for work. After all, no one is immune from the occurrence of any problems or issues that need to be urgently resolved. Also, situations very often arise when deadlines are running out, and like it or not, you need to be on time, etc.

For these reasons, employers are increasingly providing employees with irregular working hours, which for many organizations is preferable to working hours. Since an employee can be involved in overtime work only with his consent, the employer is also obliged to document each such case. Moreover, according to , the duration of such processing cannot exceed four hours for two days in a row and 120 hours per year. For overtime, increased compensation must be paid (for the first two hours at one and a half times, for subsequent hours at double) or, at the request of the employee, additional days of rest must be provided.

What is irregular mode?

Important to know

If an employee has an irregular working day, then work beyond the established working hours is not reflected in the time sheet.

Note to HR

To establish an irregular working hours regime in an organization, you need to perform the following steps:

justify the introduction of the regime;
determine a list of employee positions;
fix the regime and list of positions in the local act;
include conditions on long working hours, guarantees and compensation in the employee’s employment contract;
draw up separate orders for each position or employee who will have to switch to irregular working hours, and familiarize each employee with them.

If a special work regime is established for an employee who is already working, then he must also be familiarized with the list of positions and the procedure for attracting work in irregular hours. In addition, an additional agreement to the employment contract must be concluded with him, which will change the working hours and establish compensation. The agreement must contain the following information:

date, number and place of detention;
name of the organization;
position and full name employee;
details of the employment contract to which changes are made;
new terms included in the contract.

Next, the employer must issue an order establishing an irregular working day for specific employees. The document is drawn up in any form, but it must indicate the date, number, place of publication, name of the organization, from what date and to whom irregular work hours are established, and the number of days of additional leave.

Once all the documents are completed, the employer, if necessary, has the right to give orders to the employee that it is necessary to stay late and finish the work.

Nuances

Despite all the attractiveness of this regime, its use is still due to some features that employers often do not focus their attention on. This can lead to conflicts with employees. In order to avoid this, the employer should remember the following nuances.

Firstly, the employer is obliged to provide the employee with additional days of annual paid leave, even if this employee has never been involved in work after the end of the working day. Since the provision of additional leave does not depend on the mandatory availability of overtime, but on the very fact of establishing an irregular working day for the employee (letter of Rostrud dated May 24, 2012 No. PG/3841-6-1).

The employer also independently determines the amount of additional leave, which cannot be less than three days. Labor legislation does not contain restrictions on the maximum number of days of additional leave.

Please note

An employer may not formalize an irregular working hours regime in an organization, but still systematically involve employees in work beyond the established working hours. In this case, bodies that supervise and control the labor sector or judicial authorities will be able to consider this as overtime work, for which appropriate compensation is due.

It is worth noting that for profit tax purposes, expenses for paying for annual additional leave lasting at least three calendar days are taken into account in actual amounts, unless the procedure for providing such leave, provided for by the current legislation of the Russian Federation, is violated (letter of the Ministry of Finance of Russia dated January 28, 2005 No. 03 -03-01-04/1/38, dated January 13, 2006 No. 03-03-04/2/5, dated December 20, 2006 No. 03-03-04/1/846, dated January 29, 2007 No. 03-03-06/4/6).

Secondly, based on the provisions of labor legislation, workers under the age of 18, pregnant women, disabled people, women with children under three years of age, fathers raising children without a mother, etc. cannot be recruited to work in irregular hours. , in which such employees work, may be included in the list of positions for which an irregular working day is introduced. In this case, the employer simply does not need to impose irregular hours on these employees.

Thirdly, if an employee is assigned part-time working hours, then it is also possible for him to have an irregular working day. Thus, Rostrud, in a letter dated April 19, 2010 No. 1073-6-1, explained that before changes were made to Article 101 of the Labor Code (until October 6, 2006), when determining an irregular working day, it was about the possibility of being involved in work outside the normal duration of working hours. Therefore, in accordance with the version of the Labor Code in force at that time, part-time workers could not be assigned an irregular working day. However, taking into account the amendments made to Article 101 of the Labor Code, it is assumed that part-time workers are not prohibited from establishing irregular working hours.

Fourthly, as mentioned above, the employer can give the employee a verbal order that he needs to stay late. However, in order to avoid controversial situations (for example, an employee ignores verbal orders), such an order is best made in writing in any form.

Fifthly, this regime does not give the employer the right to involve employees without their consent. This is due to the fact that days off are provided to all employees regardless of their working hours, and they can only be involved in work on weekends and holidays with their written consent (,). In this case, such work must be paid at least double the amount or, at the request of the employee, he may be given another day of rest.

L.F. Shtatnova, expert on labor legislation, for the magazine “Normative Acts”

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New edition of Art. 101 Labor Code of the Russian Federation

Commentary on Article 101 of the Labor Code of the Russian Federation

An irregular working day is a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

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

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

The Labor Code of the Russian Federation stipulates that irregular working hours are established only for individual employees included in a special list (it is attached to the collective agreement or internal regulations in force in the organization). This list can also be established in industry, regional and other agreements.

Irregular working hours may be used for administrative, managerial, technical and business personnel; persons whose work cannot be counted in time; persons who allocate time at their own discretion; persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.

It should be noted that, when applying the rules of Article 101 of the Labor Code of the Russian Federation, the employer must not obtain the consent of either the employee himself or the representative body of employees to attract (on days of production necessity) employees to work beyond the established working hours. This right of the employer is already provided for in the terms of the employment contract. The employee does not have the right to refuse to perform such work. Otherwise, there is a gross violation of labor discipline. Note that this article contains a definition of irregular working hours, which states that, in accordance with this mode of work, employees may be involved in performing their labor functions outside the working hours established for a given employee.

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

Since working with irregular working hours involves certain overtime in excess of normal working hours, the Code, as compensation, provides that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations. In the event that such leave (at least three calendar days) is not provided, overtime in excess of normal working hours is compensated with the written consent of the employee as overtime work (Article 119 of the Labor Code of the Russian Federation).

Another comment on Art. 101 Labor Code of the Russian Federation

1. The uniqueness of the irregular working day regime is that an employee can, by order of the employer, perform his job duties outside the working hours established for him in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, employment contracts. In Art. 101 of the Labor Code of the Russian Federation emphasizes that such processing is allowed only if necessary and should not be systematic, but episodic.

2. The list of positions of workers with irregular working hours usually includes workers:

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

b) distributing working time at their own discretion;

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

3. In case of irregular working hours, overtime in excess of the standard working time established for the employee is not considered as overtime work, since in this case the very nature of the work implies the possibility of overtime, which, moreover, as a rule, cannot be accurately accounted for. In this regard, compensation for overtime during irregular working hours is carried out not according to the rules relating to overtime work, but by providing additional leave (see Article 119 of the Labor Code of the Russian Federation and the commentary thereto).

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Article 102 of the Labor Code of the Russian Federation. Flexible working hours ›

Article 101 of the Labor Code of the Russian Federation. Irregular working hours

Article 101 of the Labor Code of the Russian Federation with comments and amendments for 2016-2017.

Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

Commentary on Article 101 of the Labor Code of the Russian Federation:

1. Article 101 of the Labor Code of the Russian Federation establishes the concept of “irregular working hours”. The main features of irregular working hours are:

working outside the established working hours. There are no restrictions on the length of work of persons working part-time (Article 284 of the Labor Code) during overtime (Article 99 of the Labor Code). An employee can be involved in work both before the start of the working day (shift) and after the end of the working day (shift);
attraction to work is caused by a need determined by the interests of the organization and the labor function performed by the employee (for example, the employee belongs to the administrative staff - the head of the workshop);
involvement in work outside the established working hours is sporadic, i.e. cannot be a system.

A procedure has been established for engaging in work outside the normal working hours: an order from the employer is required; the positions of those involved must be included in the list of positions of employees with irregular working hours, which is established by a collective agreement, agreement or local regulation adopted taking into account the opinion of the representative body of employees. Representatives of workers in social partnership are trade unions, therefore the adoption of a local regulatory act is carried out by the employer in the manner established by Art. 372 TK.

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

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

3. Rules for providing annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget, approved. Decree of the Government of the Russian Federation dated December 11, 2002 N 884 (SZ RF. 2002. N 51. Art. 5081), it is established that the list of positions of workers with irregular working hours includes management, technical and economic personnel and other persons whose work is in the flow of the working day cannot be accurately recorded, persons who distribute working time at their own discretion, as well as persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.

1. Article 101 of the Labor Code of the Russian Federation establishes the concept of “irregular working hours”. The main features of irregular working hours are:

working outside the established working hours. There are no restrictions on the length of work of persons working part-time (Article 284 of the Labor Code) during overtime (Article 99 of the Labor Code). An employee can be involved in work both before the start of the working day (shift) and after the end of the working day (shift);
attraction to work is caused by a need determined by the interests of the organization and the labor function performed by the employee (for example, the employee belongs to the administrative staff - the head of the workshop);
involvement in work outside the established working hours is sporadic, i.e. cannot be a system.

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

In a number of cases, the establishment of irregular working hours is provided for by regulatory legal acts. Thus, in paragraph 14 of the Regulations on the peculiarities of working hours and rest time for car drivers, approved. Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 (BNA RF. 2004. N 45), indicates that drivers of passenger cars (except taxi cars), as well as drivers of expedition vehicles and survey parties engaged in geological exploration, topographic and geodetic and survey work in the field, irregular working hours may be established. In paragraph 37 of the Regulations on the peculiarities of working hours and rest time, working conditions for certain categories of railway transport workers directly related to the movement of trains, approved. Order of the Ministry of Railways of Russia dated March 5, 2004 N 7 (BNA RF. 2004. N 24), it is established that railway transport workers can be set to work with irregular working hours, with the exception of workers servicing passenger trains, train electricians, as well as supervisors, mechanics-foremen of passenger trains who are not on shift duty, whose working hours are determined in the same way as for conductors of passenger train cars.

Including in the list of positions of workers with irregular working hours those whose work cannot be accurately recorded in time or who distribute work time at their own discretion means that they can independently decide on work outside the normal working hours, if this is determined by job descriptions or local regulations. A preliminary order from the head of the organization to involve them in such work is not required. In this situation, work on irregular working hours is carried out on the initiative of the employee himself.

The employer keeps records of the time actually worked by each employee under irregular working hours.

4. Workers with irregular working hours are subject to regulations on the duration of work (shift) (Article 94 of the Labor Code), on the start and end time of the working day (shift); they are generally exempt from work on weekends and non-working holidays (Article 113 of the Labor Code).

5. Applying Art. 101 of the Labor Code of the Russian Federation, it should be taken into account that if an employee works part-time (Article 93 of the Labor Code), then involvement in work in excess of the norm of daily work determined by agreement of the parties, but within the established duration of daily work (shift) at 5 and 6 days day work weeks, is not considered as work with irregular working hours.

6. Work with irregular working hours and overtime work is carried out outside the normal working hours. In contrast to the work regime with irregular working hours, engaging an employee to work overtime without his written consent is possible on the basis of Part 3 of Art. 99 Labor Code only in three strictly defined cases. The circle of workers involved in such work is wider (certain exceptions are established in Part 5 of Article 99 of the Labor Code), and a limitation has been established regarding the standard of hours worked for each employee.