Compensation for irregular working hours. Establishing irregular working hours

Irregular working hours are a special mode of work, according to which individual workers 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. Irregular working hours, as indicated in the commented article, are established for certain categories of workers with special conditions labor, 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 of 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, the Board Pension Fund RF On November 1, 2007, Resolution No. 274p was adopted “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 relating to the start and end times of work. 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 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 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. In a letter Federal service on Labor and Employment dated June 7, 2008 N 1316-6-1 “On work during 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 provision that if the employer does not provide additional leave, 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 overtime work, under which certain guarantees must be observed (for example, limitation of 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.

Many workers mistakenly believe that if they are constantly late at work and their working day does not have a clear schedule, then it can be called irregular. In meaning, it is possible, but by law it will be considered as such if a corresponding entry is made in the employee’s employment contract, and along with it there will be additional social guarantees provided to employees with official irregular hours. Let’s figure out what an irregular worker means in 2018 according to the Labor Code of the Russian Federation. Changes and latest news are further in the article.

Flexible work schedules, overtime work, as well as banal overtime at the will or whim of the employer have little in common with irregular work hours. In accordance with Art. 101 of the Labor Code of the Russian Federation, which contains the corresponding concept, an irregular working day is a special mode of work when an employee does not remain to work continuously after a working day, as is often practiced in Russian enterprises, and occasionally at the verbal command of the employer. Not any employee can be left “after work”, but only one who occupies a position that, in accordance with the collective agreement or other regulatory act of the employer, is included in the list of positions with irregular working hours.

Flexible hours, long hours, overtime - what's the difference?

As mentioned above, many people mistakenly mistake a flexible schedule for irregular working hours, when established by the employment contract work time the employee works without a fixed start and finish of the working day, which are determined by mutual agreement (Article 102 of the Labor Code of the Russian Federation). However, these are completely different things. Unlike a flexible work schedule, which is also fixed in the employment contract or an additional agreement to it, irregular working hours have clear boundaries. If the TD states that the employee must start work at 10:00, then he cannot come to work at 12:00, since he has a position with an irregular work day. He must arrive at 10:00, otherwise he risks getting disciplinary action: remark or reprimand from superiors (Article 192 of the Labor Code of the Russian Federation). And for being late by 4 hours or more you can even get fired.

Thus, irregular working hours, unlike a flexible schedule, have clear boundaries, but they can be “extended” at the verbal request of the employer. Such requests may be sporadic. The employee's consent to work beyond normal working hours is not required, nor is additional payment required.

The difference between irregular working hours and overtime lies in the payment and the need to obtain the employee’s consent for overtime. Let's take a closer look at the difference.
Irregular working hours:

does not require a person’s consent to engage him in work outside of working hours;
not formalized by order (an oral order from superiors is sufficient);
payment for irregular working hours is not due;
the number of occasional exits “after work” is not regulated;
employees are entitled to leave for irregular working hours - the Labor Code of the Russian Federation (Article 119) establishes guarantees in the form of at least three additional days of leave. Naturally, paid. The employment or collective agreement may stipulate more. The days are required to be provided even if the employer did not exercise his right to occasionally involve the employee in work duties outside of normal hours during the year.

Overtime in 2018:

requires the mandatory consent of the employee, excluding emergency cases;
executed by a written order from the employer;
the duration of overtime work cannot exceed 4 hours for 2 consecutive days and 120 hours per year;
paid at least one and a half times the amount for the first 2 hours and at least
twice in the following hours;
Additional leave is not allowed.

As can be seen from the comparison, according to vacation additional days for irregular working hours they are entitled, but for working overtime they are not entitled. The opposite situation occurs with additional payment, which is made only for overtime work.

How is an irregular working day formalized in 2018?

If an employee periodically performs work duties outside of established working hours, this must be reflected in his employment contract (Article 100 of the Labor Code of the Russian Federation). Corresponding notes are also included in the rules. internal regulations not an enterprise where a regulation on irregular working hours should be issued. An employee whose work duties extend over a standard 8-hour working day or over a 10-12 hour shift should not neglect the official assignment of an irregular day. After all, in addition to praise from management, it also guarantees the employee additional leave for irregular working hours. This should also be written about in the contract with the employee.

How many hours can you overwork?

Lawyers are often asked the question: “An irregular working day is how many hours?” Labor Code does not regulate the hours of irregular working hours and does not decipher how many hours in total an employer can involve an employee in irregular work. However, if the employer is too zealous in its right to involve the employee in performing duties beyond the normal working hours (does this not occasionally, but on an ongoing basis), then this can be recognized as overtime work and “knock out” the due compensation. To do this, you will have to contact the state labor inspectorate and the court. Such cases in judicial practice There is.

We hope that after reading this article about long working hours: “What does this mean?” – you won’t ask anymore.

Quite often, additional payment for irregular working hours causes a lot of difficulties for specialists. This is explained by the imperfection of the current legislation of the Russian Federation. In order not to break the law in such a situation, you need to follow a number of important rules. We will discuss some of them in detail below.

After studying the article, you will get an idea of the following issues:

how the amount of additional payment for irregular working hours is determined;
how to correctly complete the registration of additional payment for irregular working hours;
how to justify the introduction of irregular working hours for a certain category of enterprise employees.

Amount of additional payment for irregular working hours

Irregular working hours are considered a specific mode of work. Its main feature is the involvement of individual employees in the performance of official duties outside the limits of the working hours assigned to them. Employees are recruited sporadically and by direct order of the enterprise management.

The list of employee positions for which irregular working hours apply is regulated by the following documents:

collective agreements;
specialized agreements;
local regulations.

According to the current regulations of the Labor Code of the Russian Federation, employees with irregular working hours should be provided with additional paid leave. The duration of rest is established in the collective agreement. Alternative – Labor regulations of the enterprise.

Along with vacation, work in conditions other than normal is compensated in monetary terms. The final amount of additional payment for irregular working hours for each case is calculated individually. The easiest way to explain this is with a specific example.

Suppose an employee with irregular working hours is forced to work at night. Is it worth paying him extra for this? Yes! The following facts support this decision.

Performing official duties at night refers to working conditions that are different from normal. In this case, “night time” should be understood as the period from 22-00 to 6-00. Today there are no exceptions for workers of different specialties.

Consequently, an employee with irregular working hours must be paid extra for activities at night. Moreover, in an increased amount and for every hour within the above-mentioned time period. Plus, the employee is entitled to additional paid leave. The amounts of accruals are calculated according to the standards adopted by the enterprise, taking into account the provisions of the Labor Code of the Russian Federation.

Registration of additional payment for irregular working hours

The complex transition to irregular working hours is conventionally divided into the following stages:

Justification for the introduction of irregular working hours.
Drawing up a list of employees who are subject to the regime.
Fixing the procedure and list of employees in a local act.
Inclusion of new working conditions and guarantees of monetary compensation in employment contracts.
Personalized assignment of employees who switched to irregular working hours.
Using the regime in the daily activities of the organization.

Direct registration of additional payment for irregular working hours is carried out when concluding new labor agreements with employees. This procedure is part general process transition to a new regime. It cannot be performed without interruption from other stages.

How to properly justify irregular working hours?

Rationale – First stage transition to irregular working hours. If you make a mistake on it, further actions lose all meaning. Sooner or later this will cause unpleasant consequences. How to avoid this?

The current legislation of the Russian Federation, when switching to irregular working hours, does not provide a clear definition of the concept of “justified necessity”. Because of this, many employers believe that they have the right to determine it independently and without any restrictions. Such an opinion is a misconception. The reason for this is the duality of the current situation.

The management of the enterprise itself sets irregular working hours when it considers its introduction justified for employees. If you look at the issue from a different angle, the establishment of a regime must be well-founded. First of all - job responsibilities specific employee.

For example, establishing an irregular working day for a watchman, whose position does not involve urgent work, is completely unjustified. The introduction of such a work regime for the head of one of the areas of activity of the enterprise will already be fully justified. For example, meetings with business partners are most often scheduled outside of working hours. Their implementation is disrupted normal conditions labor.

Conclusion - when introducing irregular working hours, be guided by common sense and the job responsibilities of each category of workers. Then your decisions will be justified and will not cause any complaints from employees or regulatory authorities.

Article 101 of the Labor Code of the Russian Federation is devoted to irregular working hours. But nevertheless, this concept raises many questions due to vague legal wording and frequent confusion with the concept of “overtime”.

Irregular working hours - what does it mean?

Wording in the Labor Code of the Russian Federation

Irregular working hours are a special working regime in which individual employees may occasionally, not constantly, be involved in performing their labor functions beyond the direction of management.

Video - irregular working hours according to the Labor Code of the Russian Federation - what does this mean (comment from a lawyer):

The employee’s consent is not necessary in this case, since the condition of an irregular day in mandatory is stated in his employment contract. Such processing should not occur regularly, but only when absolutely necessary or urgent (for example, preparing for a tax audit or submitting a project).

To whom and to what positions does it apply?

It is the employer's responsibility to approve the list of positions for employees with irregular working hours. Employees working in these positions are allowed to work outside of working hours. These positions are prescribed in the internal documents of the organization.

Typically the list includes the following categories of workers:

administrative, economic, technical personnel;
employees whose working hours cannot be accurately recorded and calculated (consultants, agents, etc.);
employees who independently regulate their work schedule;
employees whose working hours are divided into periods of indefinite duration.

Irregular working hours - how many hours per week?

The current labor legislation, unfortunately, does not define in any way maximum amount hours of processing at this operating mode.

Extra-hour involvement of employees is allowed both before and after normal working hours for as long as management needs.

The main thing is that these attractions do not turn into a system, but are used only when it is really required.

How is it compensated?

Increased workload and involvement in work outside of working hours compensated by providing the employee with at least three additional paid vacation days.

The duration of additional work may vary depending on the position held, degree of workload, volume of work, etc.

ATTENTION! The fact of providing additional vacation days is in no way related to actual cases of overtime. Even if during the working period the employee was never involved in work outside of working hours, he is entitled to additional leave in full in any case.

At the request of the employee, it is possible to replace additional vacation days with monetary compensation calculated based on average monthly earnings. At the same time, the law does not oblige the employer to pay compensation, that is, he can refuse it and send the employee on leave.

Video about compensation for irregular working hours:

Organizations are allowed to enter additional types compensation for irregular working hours, recording them in the internal documents of the organization.

Registration procedure

If an employer decides to introduce irregular working hours for some positions, the registration procedure will be as follows:

The employer must determine and approve the list of these positions and make appropriate changes to internal rules labor regulations and collective agreement.
Provide a list of all employees affected by the changes against signature. Employees must be notified by an order to change the working regime at least two months in advance, and must be issued and signed additional agreement to employment contracts. Newly hired employees for these positions immediately sign an employment contract containing a provision for irregular working hours.
When an employer needs an employee to work beyond his working hours, he notifies him of this. Labor legislation does not determine the form of the order (notification), that is, both oral and written form(order). In practice, it is more advisable to use written orders to avoid possible disputes.
The employer is developing a document in which overtime hours will be entered, since overtime employees with this work schedule are not shown.

Nuances you need to know about

Management should not involve employees with irregular hours beyond the schedule to perform functions that are not within their scope labor responsibilities.
Irregular working hours are allowed for employees with a part-time work week and, on the contrary, are prohibited for employees working part-time.
Such workers, like others, do not work on weekends and holidays. Their involvement in the performance of labor duties on these days is carried out on a general basis with additional payment, unless otherwise specified in local documents organizations.
It is prohibited to introduce irregular working hours for all employees of the enterprise.

Irregular working hours and overtime work - differences

At first glance, it may seem that these are identical concepts, which is why they are so often confused. Basic features and the difference between irregular working hours and overtime work are presented in the table:

For whom it should not be installed

Norms labor law They do not provide a specific list of persons who should not be subject to this regime. However, a cumulative analysis of Articles 97, 99 and 101 of the Labor Code of the Russian Federation allows us to conclude: it cannot be installed on employees who are prohibited by law from being employed outside working hours.

Thus, it is prohibited to leave people to work overtime, and, consequently, to introduce an irregular day:

pregnant employees;
minor workers;
employees during apprenticeship.

The involvement in overtime work is limited (mandatory written consent and the absence of medical contraindications is required), and, consequently, the introduction of irregular days for:

persons with disabilities;
women with children under 3 years of age;
single fathers;
guardians of minors.

Where to go if your employer abuses irregular working hours

There is no legal limitation on the time and frequency of overtime for employees during irregular working hours. Because of this, in practice, employers often abuse this regime - overtime becomes systematic rather than occasional, and some do not introduce an irregular day at all and do not pay overtime as overtime.

If, during an inspection, the labor inspectorate determines that overtime was regular, the employer may be fined and required to pay for it as overtime.

However, the inspector can issue an order to do this only in the case of a grossly obvious violation, therefore, to resolve a labor dispute in in this case It is recommended to contact the courts.

Summary

In essence, irregular working hours are episodic, irregular overtime. The main features of such a working regime are that the employer, due to real necessity, has the right to require the employee to stay after work or come to work. workplace earlier .

It is not necessary to obtain the employee’s consent each time, since he has already agreed to this working regime when signing the employment contract. At the same time, the law does not regulate in any way the duration or frequency of such processing. Compensation for them is the provision of additional paid leave.

Video about long working hours and overtime:

Discussion (20)

I work in the north at an oil producing company in the city of Noyabrsk. The impudence of this company is very great and endless. We work with irregular working hours, in fact it turns out that I woke up at 5:50 in the morning, left for work at 6 in the morning, and arrived only at 22:00 and it’s good if I arrived at all! They can leave it for a day (if some serious well is not working). To be honest, I’m very tired of this, my family doesn’t see me at home, and it doesn’t affect my salary in any way. I don’t know what to do.. maybe you can advise something..

Can long working hours apply to road service employees? After all, people already work all day long, but previously they were paid for overtime, and now, if I understand correctly, a person will work 12 hours every day for 3 additional paid days for vacation?

It seems to me that today's lawyers do not really understand what an “irregular day” is. This concept comes from the Soviet Labor Code. I once read a commentary by a Soviet specialist. In the word “non-standardized,” the word “norm” does not define the standard working time (8 hours), but the range of responsibilities that cannot be standardized. For example, during a shift a cleaner must wash 300 m2, i.e. her day is standardized (the norm is 300 m2), the driver must make 10 trips per shift, the guard must guard the facility for 15 hours per shift (the shift can be more than 8 hours), here the work norm is determined by the duration of the shift, etc. There are a lot of jobs like this, where the duration of the shift is the norm of work, a shift worker comes - your norm is fulfilled. But it is impossible to calculate how many calls the boss (deputy, accountant, engineer, etc.) will make, how many issues will be resolved, situations resolved, and people received. Their workload cannot be calculated, so they have irregular days. Moreover, this irregular day may not last 8 hours at all, but much longer, until the necessary duties are completed. An irregular day is a special mode of work in which the main thing is not working hours, but the nature and volume of work. But this does not mean that I come and go when I want, no one has canceled the work schedule. TCs and enterprises must compensate for overtime, nerves, and inconveniences associated with irregular days (additional vacations, time off, bonuses). Overtime, logically, can only happen on a normal day. Overtime is beyond the lesson, i.e. above the norm. But nowadays everything can be turned upside down.

I believe that this behavior of employers is largely due to the fault of the employees themselves, who do not know their rights and live with the feeling that the employer is almost the “master”. I understand that many people are afraid of losing their jobs, but as long as we remain silent like a flock of sheep, nothing will ever change. What is this “formulation “they are forced to stay until night every day”? Don’t stay, and refer to the Labor Code of the Russian Federation, which nevertheless states that involvement in work on irregular working hours should be episodic. What does “if you don’t like it, quit” mean? To fire a person, very serious work is required, and the employer may face serious consequences for illegal dismissal (unless, of course, the person “keeps his mouth shut”). Dismissal by at will happens only at the request of a person, this is your right, not an obligation. And if they tell you - quit, you can answer that you don’t have such a desire, of course there is, if you are undisciplined and do not fulfill your duties, then, if there is evidence, you may be fired, but if you are a conscientious and disciplined employee, you have nothing to fear . I believe that everyone must fulfill their assigned responsibilities, both the employee and the employer, and it is not worth “tolerating” the bestial attitude of the employer.

My husband works as a driver with irregular working hours. The daily working day is 13-14 or more hours. The deputy manager must be transported to and from work. There are no orders to transport him home and to work. It’s a state-owned enterprise. The only excuse is if you don’t like it, quit. Although he worked at the enterprise for 44 years. And God forbid, an accident due to overwork and who will be responsible?

My employer generally believes that an irregular working day means 12 hours of work every day instead of 8 hours. Daily! If you worked at least 10 hours, then you already have a claim. That is, for the employer, this hole in the law in the form of a lack of a clear understanding of exactly how many hours is a loophole not to hire and not pay for another employee, whom the employer would be forced to hire if the Labor Code of the Russian Federation had an order with this norm. In fact, it turns out that one employee works for two, but receives only three days of vacation. Moreover, as a rule, people receive vacation only on paper.

Until 2009, for irregular hours I was given time off or compensated with money, and I could also take additional days for vacation - I always had a choice. Since 2009, the manager has changed and it began: I work according to an irregular schedule (order), there is not a word at all about the deputy in the collective agreement. I approached management and they shrugged their shoulders, saying they didn’t know anything. And in addition, the guardian of a minor child. Should I go to the prosecutor's office or somewhere else? And what documents should I provide?

Yes, the fact of the matter is that it will be difficult to prove the employer’s abuse of “irregular hours”. In the TC everything is very vaguely described in this part. An employee is involved sporadically - how many times a week or a month and for how long - for an hour - for two or for 5 hours??? Under what circumstances employees can be involved is also not specified. I also encountered overwork in the organization. In our report card, actual processing is not noted at all. I worked 10-11 hours, they still give me 8.

It would seem much simpler, there is a law, but unfortunately the basis has not been thought out, apparently on purpose. Thus, the employer benefits for himself, why hire additional employees when you can get by with the staff you have by adding 3 days to your vacation, but what a waste of time. I believe that if the additional vacation is 3 days, then the overtime should not exceed (8 hours * 3 days = 24 hours / 1.5 = 16 hours, the calculation is based on the principle of calculating payment for work performed on a scheduled basis) 16 hours per year. in this case, human rights in payment will not be infringed.

It’s a pity that it depends on the employer how to compensate for irregular days. I think that many additional vacation days would be replaced with monetary compensation, although the employer often sends people on vacation.

The provision of additional leave for irregular working hours at our enterprise is stipulated in the collective agreement and no disputes or problems arise.

An irregular working day was always interpreted as the need for a responsible employee to perform a certain amount of work assigned to him job description, and not the manager’s right to involve an employee in overtime work, it is not clear for what reasons. That is, if you are a deputy director for economic issues, then all questions regarding this position must be completed. This kind of employee, as a rule, determines the time of its completion, despite the established routine at the enterprise.

With the advent of this article in the Labor Code, many managers have their hands freed, and are now squeezing workers to the fullest. And I didn’t even always manage to take my allotted vacation, and without additional allowances.

I didn’t even know about the three days before vacation. The boss always insists that you have irregular working hours if you need to stay at the end of the working day. And he forgets to add three days to his vacation. Now I will remind him of this when I get ready to go on vacation.

Unfortunately, I also encountered the problem of irregular working hours. I returned to work early from maternity leave (at the request of management); the child was 2 years old at that time. Requests to stay, to linger, began almost immediately; I didn’t know how to deal with them. As a result, I had to quit, because the child will not be in kindergarten until 9 pm, and no one pays me for these overtime hours. Therefore, everyone has their own choice - to work like a horse, or still leave time for life.

In Russia, such concepts as irregular working hours and overtime work are distinguished only in large organizations. In small and medium-sized businesses such concepts do not exist at all. At first it is a request to go out after hours/stay late, and then it becomes a responsibility. Workers will be indignant, but not a single one will contact the labor inspectorate. And as they say: if you don’t like it, quit. So they remain silent and “plow.”

An additional payment to the salary for irregular working hours is due to each employee who works in this mode. There are other compensations, such as additional vacation days. In general, it is now possible to legally enter into a contract under which a person will work irregular hours. However, before signing it, you need to find out all the nuances so that no problems arise later due to ignorance. Now let’s figure out what an irregular working day is and what its features are.

What is this

Irregular schedules are days when company employees can be involved by their boss in performing duties beyond the norm. In this case, there is no need to ask the employee’s consent, because such a right of the manager is spelled out in the employment contract. However, we note that this nature of work is not considered permanent, but is applied only when necessary. This is prescribed by law, so management has no right to violate this rule.

Quite often, the candidate is given a questionnaire where he must agree with irregular days. He can also refuse this if it is unacceptable to him. Let us remind you that only the boss has the right to approve such a regime. A regular employee cannot assign this mode option.

The employment contract must include a clause regarding irregular working hours. Therefore, a person must carefully read all the terms and conditions of work before signing a contract. Please note that this option does not imply the ability for people to come and leave work at any time. The regime will still be respected.

Important! Speaking about what an irregular day means and what it looks like, it can be noted that its duration is certainly fixed by contract, various acts and agreements, and the established framework cannot be violated. A person will be considered to be working overtime if he has to stay late.

A person must be compensated for irregular working hours, so this work is additionally paid. But it is also worth understanding that the boss cannot force the worker to stay overtime on a weekend or holiday.

As already mentioned, such a schedule must be officially established and formalized. This can happen directly during employment. Then the person is shown a list of professions for which this schedule is prescribed. After this, an order for admission to the company is issued, and the likelihood of non-standard employment is necessarily indicated.

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However, this can happen even during the work process. Then an additional agreement is drawn up, where changes in conditions are recorded. working days. In this case, it must be stated that overtime work is additionally paid and vacation is provided.

About documents

Not all employers understand why it is necessary to issue an order. This is a controversial issue, because if there is an agreement under which a person agrees to work overtime, then additional paperwork is not needed. However, the order is needed for accounting purposes, because it gives the right to assign a bonus to an employee for irregular working hours. For this reason, it is worth making this document, and it must be assigned a unique number. It is also noted in the logbook. The position and information about the worker for whom the special regime is provided must be written down.

The order indicates the date when the person works irregularly. It also talks about incentives for similar work. Most often, vacation is used as compensation, but there may be other options. It is necessary to indicate who controls the execution of the order. The document must be affixed with the company’s seal and the signature of the manager.

There is no particular need to take this option into account labor schedule. However, in any company there is a time tracking system so that you can track how much and when employees worked. Therefore, if a person performed his duties beyond the norm, then this will be indicated in the journal.

About payment

If you have to work overtime, this means that such days are paid in a certain way. The person will earn more, and the specific bonus is fixed by the employer. As a rule, the first two hours of processing will be paid at one and a half times the rate, and this is the minimum option. Then you have to pay twice or more. Moreover, if you have to work at night, and it starts after ten o’clock in the evening, then a percentage is also due. In this case, it is 20% of the hourly rate.

A person has the right to monetary compensation for vacation for himself for irregular working hours. Therefore, it is not necessary to go on vacation due to your schedule; you can get money instead. However, it also happens that the employer refuses to provide money and sends the employee on vacation. It will be 14 days or more. This is one of the differences of this mode.

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Some people are wondering if there is a certain limit in the law regarding the number of overtime hours. The Labor Code or any acts do not say that overtime may be limited for a working person. Only the boss himself determines the maximum amount of time a person can work beyond the norm. However, it is noted that this cannot happen every day; the schedule is only episodic.

Who can't work overtime

If the issue of paid additional leave and compensation for overtime was sorted out, then one more issue remained unresolved. There are specific people who cannot work overtime. Even if their contract stated that the person agreed to do this, the boss still cannot involve him in such activities.

Among these individuals:

People who work part-time. Let us remember that we are talking about a form of work when a person works in an organization full-time, but also works part-time in this company or another. When a person does not work full time, he cannot be forced to work overtime. Moreover, there is a limit on the number of hours, both per day and per week.
Disabled people of groups 1 and 2. Due to their health, they should not work additionally. However, disability must be confirmed by a medical report made by an authorized commission.
People who work for piecework. Shift workers may also be considered an exception.
Pregnant women. Regardless of the period, they cannot be involved in processing. Because this can have a negative impact on their well-being and the unborn child.
People who study.
Part-time employees.
Minor citizens. Their rights are carefully protected by the state, and the authorities cannot violate them. Sometimes it is possible to obtain permission from the authorities to involve a minor in recycling. However, this is extremely rarely possible.

In general, it can be noted that a person previously agrees to such a schedule. Because if he doesn’t sign something like this labor contract or an additional agreement, then they do not have the right to force him to rework. If rights are violated, then you can contact the Labor Protection Inspectorate. She deals with issues when management violates the Labor Code or regulations. You can also contact the court or prosecutor's office if the Inspectorate for some reason does not help. A person can and should defend his rights, so even if they don’t want to pay extra or give vacation, they should also file a complaint against the company.