Irregular working hours: we provide annual additional paid leave

Reflection of conditions

There is a general practical procedure within which such documentation is prepared.

First, you become familiar with the acts related to the irregular schedule. The main thing is not to forget about vacation and basic compensation conditions. The employee reads the document during the employment process or during the introduction of certain changes to it.
If certain changes are simply made, an additional agreement is drawn up. It stipulates the conditions for the new schedule.
After this, an order is issued stating that the procedure is completed.
Making adjustments to your personal file is also an important step in this entire event.
If necessary, management makes notes in personal files. This is necessary if there is a transfer from one position to another. If NSD is intended only for the second position, then the work book indicates on what grounds and considerations this transfer was made.

From the required set of documents, an order document establishing this regime is drawn up. Its creation occurs only after written consent is provided by the employee.

General concepts

An irregular working day in an employment contract is a schedule that allows individuals to work beyond the norm established in the Labor Code of the Russian Federation. This need is justified by production needs, when it is necessary to perform a larger amount of work.

Irregular work includes any activity that does not have a clearly defined time frame. The subtleties of drawing up an employment agreement are determined by Article No. 57 of the Labor Code of the Russian Federation.

An agreement that violates the provisions of this article is automatically considered illegitimate. In this case, there is no need to introduce irregular working hours, since the employment contract (a sample is presented below) simply will not have legal force.

Article number 101 of the Labor Code of the Russian Federation gives the manager the right to provide employees with a certain amount of work that exceeds the existing generally accepted norm. These works must be performed during hours that are not specified in the employment contract.

It is also worth noting that the legislation of the Russian Federation took care of individuals working overtime, providing them with the opportunity for additional rest.

In this case, the employee is entitled to leave not at his own expense, but paid by the employer. You can read about this in Article 119 of the Labor Code. If you have additional questions, please review articles numbered 97, 116 and 126.

An irregular working day is a specific schedule according to which individuals periodically work extra time (in excess of the established standard working hours) in order to cope with the required amount of work on time.

The main characteristics of an irregular working day include the following:

Such a schedule can be established only for a certain category of individuals holding certain job positions.
A slightly longer working day than existing standards should be introduced only when there is an urgent need for it.
This mode is usually used for individuals engaged in such types of work, the performance of which cannot be accurately recorded using time.
An irregular schedule is best suited for those employees who have expressed a desire to independently manage their working time.
Any types of work that require seasonal performance, as well as the relevance of which depends on the time of day, and work that does not have clearly established time boundaries, are considered irregular.

We recommend that you pay attention to Article 57 of the Labor Code of the Russian Federation, which displays the main points and rules that require mandatory compliance when concluding an employment contract.

We invite you to read: What does every businessman need to know about the contract?

If a document is drawn up without taking into account the requirements of Article 57, then it will automatically not have legal force. And in an agreement that has no legal value, it makes no sense to stipulate any conditions, including those regarding irregular working hours.

You can find a sample employment contract with irregular working hours here.

The Labor Code specifies clear boundaries of working hours during which employees must perform their work duties. Namely, this is 40 working hours per week, which with a 5-day working week gives 8 working hours per day.

In order for an employee to work outside of this time, you can involve him in overtime work or introduce irregular working hours. It is not profitable for an employer to involve an employee in overtime work, since he will have to pay for overtime, and there is a limit on the total number of hours.

But with a normal working day, there are no restrictions, and they are compensated in the form of additional vacation days.

What is an irregular working day?
With whom can you enter into an employment contract with irregular working hours?
With whom you cannot enter into an employment contract with irregular working hours
Features of an employment contract with irregular working hours
Sample of filling out an employment contract with irregular working hours

Shelf life

The employer is obliged to store all personnel documents. The order on irregular working hours applies to personnel documents, as it establishes additional obligations for persons working overtime. The Federal Law “On Archiving in the Russian Federation” of October 22, 2004 establishes the obligation to store all legally significant documents even after their validity period expires.

In the Order of the Ministry of Culture of Russia dated August 25, 2010 N 558 “On approval of the “List of standard management archival documents generated in the process of activities of state bodies, local governments and organizations, indicating storage periods”” it is determined that documents on personnel must be stored by the employer in for 75 years.

If the employer ceases its activities during this period, then all documents whose storage period has not expired are transferred to the state archives and stored there for the remaining time, and then destroyed.

What is an irregular working day?

Organization managers are more interested in formalizing irregular work hours than in paying overtime.

The table describes the conditions for registering irregular working hours and overtime work:

Differences	Irregular working hours	Overtime work
Terms and period of work with specified restrictions	Not all the time, no restrictions	For a year no more than 120 hours and 4 hours for 2 days in a row.
Payment of compensation	Additional days for vacation	In the form of monetary remuneration or compensated by time off
Employee consent	No need	Necessary
Specifying the terms and conditions in the contract	Necessarily	Not necessary

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

If the contract does not contain information about this, you should know: this is a gross violation. The code clearly states the need to mark this information in all relevant official documents.

Recording working hours during irregular working hours: how to do it correctly, how to reflect it in the timesheet?

When carrying out work activities, situations periodically arise in which employees have to work on an irregular schedule.
The Labor Legislation of the Russian Federation determines that management has the right to involve an employee in such work only on the condition that an irregular day is established on the basis of Article 101 of this Code.

It is important to take into account that this time, like any time worked by a specialist, is subject to mandatory recording.

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How to lead?

Before moving on to the issue of accounting for an irregular working day, it should be noted that such a day is generally considered to be a work mode in which workers work according to a non-standard schedule.

In other words, on the basis of the relevant order of the manager, they carry out their work duties at the end or before the start of the established working hours.

Please note that monetary compensation is not provided for irregular working hours. For working in this mode, the employer is obliged to provide the worker with additional days of vacation.

Failure to document a non-standard work schedule may result in the employer being fined . For managers who are individual entrepreneurs, the fine can reach 5 thousand rubles.

In the case of companies, this value varies from 30 to 50 thousand rubles.

There is no precise information on how to keep records of this type of working time in the labor documentation valid on the territory of the Russian Federation.

In this regard, the right to choose rests with the employer.

For example, in a standard working time sheet (forms T-12 or T-13), irregular days can also be recorded.

It is possible to issue a separate form to fill out data exclusively on irregular work.

In addition, the management of the organization can develop its own document format in which information about irregular working hours will be entered.

The selected accounting technology must be enshrined in the company's Accounting Policy.

How to show it on the timesheet?

To fill out the workers' time sheet, various letter designations are used. For example, an employee’s presence at work is noted as “I” - attendance. The day off is indicated by the corresponding letter – “B”.

The time worked under an irregular schedule does not have any specific code for designation. Despite this, this time is still subject to mandatory recording.

For example, you can use the abbreviation “YAN”, “YA/NR” or “NRD”.

In such situations, the time sheet is filled out in the standard way. At the same time, the days on which the employee worked according to an irregular work schedule are specially marked with an abbreviation.

There is another option for recording irregular working hours. It involves the creation of a separate time sheet or journal intended for entering information into it exclusively on irregular working hours.

The document may have a unified form or a form developed independently by management. The timesheet displays information for each employee, as well as the days and hours they worked.

Sample filling

A visual example will help you understand the information presented above. In this case, information about irregular working hours is displayed in the T-12 form.

TABLE No. 12

time tracking

Reporting period from January 1 to January 31, 2021

OKUD form	1234567
according to OKPO	1234567
Start date of document maintenance	January 01, 2021

№	Full name, position	Personnel Number	Notes on attendance/absence for work by day of the month
1	2	3	4	5
1	Orekhova T.V. specialist	1234567	I/NDD	IN	IN	I	I

The example shows a part of a time sheet that contains information about 5 days.

The table shows that on the first day, specialist T.V. Orekhova worked according to an irregular schedule, after which she had 2 days off and 2 regular working days.

conclusions

Irregular working hours are a special work schedule to which the employer can involve workers of a certain category.

In order for management’s actions to be lawful, it is important to comply with the rules of labor legislation.

This type of schedule is subject to mandatory recording. Information about it can be reflected in the T-12 form, as well as samples developed by the employer independently.

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Source: https://azbukaprav.com/trudovoe-pravo/rabochee-vremya/nenormirovannyj/uchet-v-tabele.html

With whom can you enter into an employment contract with irregular working hours?

The legislation of the Russian Federation does not establish an exact list of positions with irregular working hours, but contains recommendations on this matter. The manager has the right to independently approve the list of specialists who will be required to periodically work beyond the norm.

Decree of the Government of the Russian Federation No. 884 of December 11, 2002 establishes an approximate list of positions with an irregular schedule, which includes:

housekeeping staff;
managers (for example, the CEO of a company);
maintenance workers;
representatives of creative professions (for example, writers, artists);
other employees whose working time cannot be properly recorded.

Thus, management has the right to independently establish a list of positions with an irregular schedule, but it must be recorded on paper in writing.

With whom you cannot enter into an employment contract with irregular working hours

When signing an employment contract, the employer must know that for certain groups of employees, extended working hours are strictly prohibited (Article 92, Article 94 of the Labor Code of the Russian Federation), this applies to:

pregnant women (Article 259 of the Labor Code);
employees for the duration of training (Article 203 of the Labor Code);
minor employees of the company (Article 99 of the Labor Code);
persons with a disability category;
women who have children under 3 years of age;
fathers who raise children without a mother;
persons who are guardians of minors (it is possible to be involved in non-standard work hours, with mandatory medical permission), as specified in Art. 99 TK.

What is an irregular day?

The term “irregular day” of the Labor Code of the Russian Federation means such a work regime when an employee can sometimes be involved in work at a time that goes beyond the established standards, that is, after the end of the day or shift according to the schedule or before they begin. At the same time, speaking about an irregular day, many believe that under such working conditions no standards regarding the duration of working hours apply at all, therefore the employee can be required to constantly overtime.

However, an irregular day should not be confused with overtime hours. Yes, Art. 99 of the Labor Code of the Russian Federation establishes a strict restriction: it is not allowed to engage an employee overtime for more than 4 hours in 2 days, and the total amount of overtime cannot exceed 120 hours per calendar year. There are no such restrictions regarding irregular days.

In addition, for overtime work a clear amount of payment has been established. 152 Labor Code of the Russian Federation:

at least 1.5 times the average hourly wage for the first 2 hours;
at least 2 - for all subsequent ones.

In relation to irregular days, there is no additional payment for overtime hours; the law here establishes other compensation.

Features of an employment contract with irregular working hours

The involvement of an employee in an irregular work schedule must be stipulated in the contract or in an appendix to it. If the employment contract stipulates other conditions, then changing them or using an employee contrary to these conditions is illegal.

The procedure for attracting employees to this type of work must be stipulated in the regulations of the organization. The employee must be warned about this.

The presence of a note about an irregular schedule in an employment contract implies that the manager is not obliged to constantly notify the employee in writing. To do this, a verbal request is sufficient, since the employee has already signed the contract and thus agreed to such working conditions.

In this case, the employee will not receive compensation for overtime. He will be given additional days of vacation.

If an employee is called on a day off, he must be paid double the average wage. You just need to notify about this in advance. If an employee is called to work at night, payment is made at the standard rate, unless the manager calls the employee on a special order.

Important. All overtime hours worked must be recorded in the log book.

Irregular working hours: do I need to keep records and formalize recruitment?

Several employees of our organization work irregular working hours. From time to time, for example, due to the submission of a quarterly report, due to meetings with important clients or for other reasons, they have to stay late at work. My colleagues believe that such processing does not need to be recorded anywhere.

I think that since a person is forced to stay late at work, it means that this must be reflected somewhere. In addition, the Labor Code directly states that employees are required to work irregular working hours by order of the employer.

It turns out that such processing must not only be taken into account, but also orders must be drawn up in writing? Please help me figure it out.

Let's say right away that you understand everything correctly. Any work performed outside the working hours established for employees is subject to proper registration and accounting. And nothing else!

Working long hours in practice raises many questions. This is due to the fact that the law defines such a regime and provides compensation for “irregular” work.

But not a word is said about the procedure for attracting an employee to perform his job duties outside the established working hours. What is “episodic” attraction? How should rework be accounted for? The law is also silent about this.

(hereinafter referred to as the Labor Code of the Russian Federation) does not specify
and the form of the employer’s order to attract the employee to work on irregular working hours.

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Working hours of cultural workers

Article 101 of the Labor Code of the Russian Federation provides that employees with irregular working hours may, by order of the employer, be occasionally involved in the performance of their labor duties outside the working hours established for them.

The fact that irregular working hours involves only the occasional involvement of an employee does not mean that such involvement will be of a one-time nature.

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At the same time, this does not mean that employees who have irregular working hours must stay late at work every day, carrying out more and more new assignments.

One way or another, during the year the employer has the right to repeatedly involve an employee who has an irregular working day to work outside the established working hours.

Turn the involvement of long-term work into a system

Many personnel officers believe that if all the rules mentioned by the Labor Code of the Russian Federation for attracting an employee to irregular working hours are met, namely:

the employee’s position is included in the list of positions with irregular working hours,
the working hours are specified in the employment contract,
the employee is occasionally involved in performing only his job functions, then issuing a written order from the employer will be unnecessary.

Normal working hours cannot exceed 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation)

However, this is not entirely true. Why? Let's get a look.

Indeed, the Labor Code of the Russian Federation does not contain a direct indication that the employer’s order to engage in work on irregular working hours must necessarily be written. However, it seems that making such an order in writing is preferable, and for the following reasons.

Reason 1.

Part 4 of Art. 91 of the Labor Code of the Russian Federation provides for the employer the obligation to record the working time actually worked by the employee. The employer must monitor the presence of employees at the workplace, which, in turn, allows them to exercise control over them, prevent violations of labor discipline and, as a result, increase labor productivity.

However, since irregular work, unlike overtime work, is not paid in a special way, but is compensated in another way - by providing additional paid leave, it would be a mistake to reflect it in the time sheet.

...it would be a mistake to assume that if an employee who has an irregular working day has never been involved in overtime work outside the normal working hours during the year, then he should not be given additional leave for working in such a mode.

Annual additional paid leave for employees with irregular working hours is regulated by Art. 119 of the Labor Code of the Russian Federation and cannot be less than three calendar days.

The specific number of calendar days of annual additional paid leave is determined by a collective agreement or local regulations of the employer, and is also reflected in employment contracts with employees.

Even if the employee has never been involved in overtime, the employer is obliged to provide such an employee with additional annual paid leave.

...the execution of an order may be preceded by a memo from the immediate supervisor (example 2)

. Such a document, although not mandatory, can serve as a justification for the head of the organization to issue an order. This is especially true in large organizations

After all, wages are calculated to the employee based on the working time sheet. In other words, all hours indicated on the timesheet are subject to payment. With irregular working hours, this situation is unacceptable. Accordingly, such “overtime” is not reflected in the time sheet.

But the employer must still fulfill the obligation to record working time. It is the implementation of this goal that the employer’s order will contribute to.

Reason 2.

Registration of the employer’s order and recording of overtime in the appropriate journal will allow, if necessary, to confirm the occasional occurrence of the employee’s involvement in work outside the established working hours.

We offer the following procedure for registering the involvement of an employee to work on irregular working hours.

Summary

To attract an employee to work on irregular working hours, it is advisable to issue a written order. Overtime must be recorded, for example, in a special journal for recording working hours worked by employees during irregular working hours.

Source: https://www.pro-personal.ru/article/460367-nenormirovannoe-rabochee-vremya-nujno-li-vesti-uchet-i-oformlyat-privlechenie-k-rabote

Sample of filling out an employment contract with irregular working hours

When drawing up an employment contract with irregular working hours, a standard form of an employment contract is used. It specifies all standard conditions and, if necessary, includes additional clauses.

A standard template for an agreement on an irregular day is drawn up according to the following scheme:

A working day with an irregular schedule can be one of the parts of an employment contract. This means that the working hours for employees increase. Issues related to the execution of contracts and their terms are of interest not only to managers, but also to the employees themselves.

Contents of the order

The Order on irregular working hours must indicate:

name of the employing organization (if the order is issued on letterhead, there is no need to duplicate the name of the employer);
the word "order";
number and date of the order;
city where the document was drawn up;
full name of the document (for example: “order on establishing an irregular working day”, “order on introducing an irregular working day”);
reasons for introducing overtime working hours;
Full name and position of the employee in respect of whom the order was issued;
the period for which overtime is introduced;
the basis for its issuance (changes in a local regulatory act or notification of the employee and his consent to work beyond the norm);
persons authorized to sign by the employee and employer.

Which categories are eligible and which are not?

The manager is required to draw up a separate document listing the employees for whom an irregular day is introduced.

The main thing is for the manager to become familiar with possible prohibitions and restrictions in advance.

The restrictions in this case include:

persons guarding minors
fathers who raise children without a mother
women with children under three years of age
those who received a disability group
employees who have not reached the age of majority
employees also undergoing training
pregnant women

The absence of a list of positions to which the rules apply makes it impossible to introduce working days beyond the accepted limits.

Rules for drawing up a contract

Working days and hours outside the norm are terms that must be included in employment contracts. Article 57 of the Labor Law describes in detail issues related to this phenomenon. It is necessary to register shifts and hours that go beyond the generally accepted framework.

Drawing up agreements requires the use of almost standard forms. Only one point is added regarding the irregular schedule. An additional agreement is concluded if someone who has already been working in the company for a certain period of time is transferred to an irregular schedule.

Another important aspect in this case is the registration of hours worked and vacation pay. The duration of the latter is determined in internal documentation. The minimum required quantity is three days. There are no restrictions on maximum periods of rest.

There is a general procedure in which such documents are drawn up:

First, a company employee must be familiarized with the acts related to irregular work schedules. The main thing is not to forget about vacation pay and compensation conditions. The employee gets acquainted with the document when he is hired for a position, or at the time of changes.
When simple changes are made, an additional agreement is drawn up, and in it they write about the conditions of the new schedule.
After this, an order is issued to complete the procedure.
Corresponding adjustments are made to your personal file.
If necessary, management puts marks in personal files. For example, this is necessary when transferring from one position to another. When only the second position has an irregular schedule, they write in the work book about why the transfer was made.

From the necessary papers, an order is drawn up to establish this operating mode, as well as a notification to the employee regarding changes in the schedule. The order is issued only after the employee has given his written consent.

Involving workers in extra-established working hours

It is necessary to compile a complete list of employees whose work schedules are subject to change. After this, it is necessary to establish the procedure for attracting employees in a local act of regulations, in accordance with the requirements of Art. 101 TK.

Regardless of whether he is just starting work or has already been working for some time, it is imperative to warn the employee and show all the documents in which the relevant marks are entered.

Moreover, it is necessary to justify such changes in the regime; a general list of jobs must be drawn up; amendments must be made to each specific contract.

Further, the presence of a clause in the contract implies that if it is necessary to involve an employee both before and after the working day established by the norm, the employer is not obliged to notify him in writing each time. A verbal request or warning is sufficient, since the employee has agreed to this with his signature.

As for weekends and holidays, there are several nuances. In this case, the employee must be called to work with special notice, and it is also necessary to pay at least double pay for the shift worked, be sure to take into account all hours worked in excess.

What compensation is provided in this case?

Typically, overtime with this regime is not paid, but legislators do not allow employees to be left without compensation at all.

Annual rest time paid for by management is a right for those who work above the norm, as Article 119 of the Labor Code of the Russian Federation says. The duration is written in the company's internal regulations, or in agreements with employees, collective and individual.

Such vacations must be at least three days. Vacation can be taken separately, or added to the time of the main paid vacation.

At the same time, paid leave becomes a standard right, regardless of whether the employee leaves on time or overworks.

Some employees ask for additional paid time off if they feel they have too much work to do. But the only possible compensation is additional rest time.

About time tracking

A very pressing issue remains related to the need to confirm and justify the inclusion in the base of income tax expenses tied to compensation payments for production in excess of standards.

The rules are standard, but several features should be noted:

A working day in excess of standards can be introduced for a few reasons, one of them is the need to use new technologies in management and production. This need appears sporadically, there is no connection with frequency.
It is necessary to have a criterion for generating a list of works that require an irregular schedule.
To monitor the implementation of the regime, a specialist report is drawn up, where the effectiveness of the work done is discussed.