home Interior items

Labor Code irregular working hours. Labor Code irregular working hours Amendments to the Labor Code of Article 101

Irregular working hours - a special mode of work, in accordance with 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. 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.

Legal advice under Art. 101 Labor Code of the Russian Federation

Lydia Sokolova

Lawyer's response:

Yakov Seroshtan

The line between working overtime and not doing the job fast enough

in case of employment under the Labor Code of the Russian Federation, working hours are paid, if services are provided under a civil law contract, the volume is paid. I stay late at work only in exceptional cases, when I think that I don’t have time on my own ...

Valentina Zakharova

in the USSR after the war, the Supreme Council thought for a long time how to deal with prostitutes. the men there eventually decided so

Hello Victor.! I'll tell you one story. There was such a congress dedicated to the International Women's Day on March 8. I don't even remember what year. A "cloud of women" gathered and decided to seat them in their places. So they announce: "women sit to the right of ...

Karina Tarasova

Is it legal to work 12 hours a day?

The total working time is 40 hours per week, anything more is subject to additional payment.

Antonina?kovaleva

Why were there no beggars and homeless people in the USSR?

were were Hello - arrived. Were - were at all times. At the bazaars at the stations on the streets There were. I remember them well. Usually near churches. True, they said that the poor will be richer than everyone else. Profitable business!! ! And I would add that there are a lot of them ...

Diana Popova

is it true that in the USSR there were no homeless people at all, were they caught and forced to work? and if they refused - to hard labor ...

As a child, I played in a brass band, in a factory club. We come once to the club for a rehearsal, and there the court goes. We were allowed to sit and wait for the end of the process, after which we will have the opportunity to blow. A person was judged...

Andrey Khotenov

Why in Soviet times prostitutes were in prison, and now -

Persecution of Prostitution in the USSR Prostitutes began to be severely persecuted again in 1929. A system is being introduced, according to which prostitutes were sent to the NKVD-controlled system of special institutions of forced labor ...

Victoria Zhukova

Can an employer increase the length of the working week, referring to production needs?

Lawyer's response:
In accordance with Article 97 of the Labor Code of the Russian Federation, the Employer has the right, in the manner prescribed by this Code, to engage an employee to work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation, collective agreement, agreements, local regulations, labor contracts (hereinafter referred to as the working hours established for the employee): for overtime work (Article 99 of this Code); if the employee works on irregular working hours (Article 101 of this Code). In accordance with Art. 99 of the Labor Code of the Russian Federation, Engaging an employee in overtime work by an employer is allowed with his written consent in the following cases: 1) if necessary, complete (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the period established for the employee working hours, if failure to perform (non-completion) of this work may result in damage or destruction of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger life and health of people; 2) during the production of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a significant number of employees to stop working; 3) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee .... Well, and so on - read more on the Internet.

According to the labor code, the working day (at the request of the employee) should not exceed 572 hours per month. Article 101 of the Labor Code of the Russian Federation

Lawyer's response:
According to Art. 101 of the Labor Code of the Russian Federation, an irregular working day is a special mode of work, according to which individual employees can, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. 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. Irregular working hours are not considered as overtime work. Overtime compensation for irregular working hours is carried out by providing additional leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days. According to Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the working hours actually worked by each employee. This obligation also applies to the accounting of work in the irregular working hours. The length of work in irregular working hours and the additional leave granted for this must be commensurate. If work in irregular working hours exceeds the duration of the vacation, the employee has the right to demand an increase in the duration of the vacation.

Anton Goloushev

What normative documents Is the duration of the working day (week) regulated by the medical staff of the ultrasound room?

Lawyer's response:
Firstly, the Labor Code Article 350. Article 350. Some features of the regulation of the work of medical workers For medical workers, a reduced working time of no more than 39 hours per week is established. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government of the Russian Federation. We see that the Labor Code contains a reference norm to Government Decree No. 101 of February 14, 2003. I can send you this decision in full. See if your profession is on these lists.

Maria Molchanova

what is irregular working hours

lawyer Nothing either a letter of resignation. Article 101 of the Labor Code of the Russian Federation. . .a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of ...

Vyacheslav Vedmed

Does the employer have the right to force the worker to work more than the allotted hours? Now I have a 2:2 schedule (2 days, 2 days off, 2 nights, 2 days off, etc.). I work from 8 to 20 (Day) and from 17 to 5 (Night) - 12 hours a day. We are forced to work 3-4 hours more. What should I do in such a situation? Do I have the right to leave at the appointed time (12 hours after the start of the working day) or do I have to put up with the conditions set?

Lawyer's response:
by virtue of the provisions of articles 4, 91, 99, 152 of the Labor Code of the Russian Federation: forced labor is prohibited; normal working hours may not exceed 40 hours per week; the employer is obliged to keep records of the time actually worked by each employee; the duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year; Overtime is paid for the first two hours of work at least one and a half size, for the next hours - not less than double the amount ..

Elena Panina

What is an irregular working day?

Lawyer's response:
Irregular working day The concept of irregular working hours was first formulated in the labor legislation by a separate independent rule of law, and this, of course, is a positive fact. At the same time, the legal norm formulated in Art. 101 of the Labor Code raises many questions. As a result of ambiguities in the legal wording, in practice, irregular working hours are replaced by the concept of overtime work, which completely changes the picture of labor relations. Therefore, the heads of organizations, lawyers and employees of the personnel department should understand the essence of these concepts. Legal assessment and general characteristics concepts As follows from Art. 101 of the Labor Code of the Russian Federation, an irregular working day is a special mode of work, according to which individual employees can, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The law states that the list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations. At the same time, the legislator did not specify the evaluation criterion according to which the positions and professions of employees can be included in the specified list. Content of Art. 101 of the Labor Code does not give an answer to the question of what caused the need to involve employees in the performance of labor functions outside the normal working hours. Such a concept as the episodic involvement of workers in the performance of their labor duties in the regime of irregular working hours remained without attention. The law did not specify what order from the employer is required for this. Is a written order (order) necessary or is an oral order sufficient? The law defined irregular working hours based on the concept of overtime work. B contains the same expression: "... by order (initiative) of the employer outside the normal (established) working hours." This expression is the definition of overtime. But overtime work (Article 99 of the Labor Code) has the status of working time. She found her place in chapter 15 of the Labor Code. Whereas an irregular working day is a mode or order of work, a way of fulfilling work duties. It is located elsewhere, in chapter 16 of the Labor Code. It is easy to see that we are talking about different legal concepts. These concepts different tasks and various legal functions. It is unacceptable to confuse them. Unfortunately, at present, we see a close "cooperation" of irregular working hours and overtime work, which has resulted in the substitution of these concepts. This is noticeable not only in legal definitions. In Art. 119 of the Labor Code freely allows the interchangeability of an irregular working day with overtime work and vice versa. This is done by replacing additional leave, which compensates for irregular working hours, with increased pay applied to compensate for overtime work. In this regard, the heads of enterprises, employees of the personnel department and lawyers have the opinion that Art. 99 of the Labor Code is a legal qualification for processing in excess of the statutory working hours, and Art. 101 TC illegal use of the same process under a different name. Legal qualifications are used for the bulk of workers, i.e. for them there is overtime work. Illegal use - for certain categories of workers. They have the same processing, only with the name irregular working hours. The problem is that workers with irregular working hours are deprived of fair working conditions. So according to Article 2 of the Labor Code, among the basic principles of legal regulation labor relations there is a provision of the right of each employee to a daily rest of a fixed duration. Department

Victoria Borisova

I have an irregular working day. For this, the employer provides an additional 5 days for vacation every year. The usual schedule is from 9 to 18, a lunch break of 45 minutes, a five-day work week. But now the authorities are quite insolent - they leave after work every day for 1-2 hours. Are there any restrictions?

Lawyer's response:
With an irregular working day, the length of the working day increases only EPISODICALLY, and NOT PERMANENTLY. That is, you can be left after work once, maximum two a week. Article 101. Irregular working day Irregular working day

Artem Postovalov

Irregular working hours - is it legalized slavery??. Gentlemen lawyers, please help me to understand. After reading the Labor Code and analytical articles on the topic of an irregular working day, I got the impression that by setting people an irregular working day, you can force them to work almost as much as you like, especially since this is not paid extra. An example from my husband's work. All employees of the plant are set by the collective agreement for irregular working hours (without any justification). When applying for employment, the collective agreement is not provided for review. That is, when getting a job, a person does not even know that he is going to an irregular working day. Art. 101 is written in such vague words that nothing is clear, and you can interpret it in a way that is convenient for the employer. The article says that you can attract "episodic" (I wonder how exactly?) It turns out that you can force employees to work, for example, until two in the morning, although the working day is up to five, but not every day, but, for example, every other day? Is it episodic? In this case, of course, employees must be on the next business day on time. Another thing is Art. 99 - overtime work. But, unfortunately, this is a different article, and the Code does not identify the benefits of overtime work with irregular working hours. It turns out that this is legalized slavery? or is it something different?

Lawyer's response:
Occasionally - not every other day, but, let's say, an accountant works so much when preparing a report. How long does it take for this report to be submitted? The collective agreement does not cancel the individual one, where the nature of the work must be negotiated with a specific employee in a specific position. Slavery, of course, has nothing to do with it. The question is whether you will defend your rights in court, or go to the commission on labor disputes at the enterprise for a start. Since there is a collective agreement, it means that there is a trade union and a commission

Natalya Filippova

Help with tasks or suggest articles

Well, where is the magic word and where are your thoughts on this issue? Or stupidly decide for me and that's it? Section XIII of the Labor Code of the Russian Federation Chapters 56-62 the procedure for considering labor disputes, but in order to correctly resolve them, you need to know the entire Labor ...

Julia Golubeva

Can I legally work according to an individual schedule (certain dates and days of the week), if. I am divorced and raising two children (11 and 13 years old) alone? I work in a city hospital as a nurse on a daily schedule.

Alexey Ryabukha

Does a 3x3 shift schedule have the right to exist? Please explain, regardless of the type of schedule, employees of organizations of all forms of ownership and all organizational and legal forms have the following guarantees: the minimum duration of daily rest between shifts (according to general rule at least twice the duration of the work shift, together with the lunch break) must be provided; the duration of the daily uninterrupted rest must be ensured (Article 110 of the Labor Code) does this mean that after the day shift, lasting 12 hours, the next day I can only go out at night (as I must rest for 24 hours)? That is, of the various shift schedules, only the most exhausting one is true: day, night, a day off? I know about employees at State enterprises working on a 2 by 2 schedule. What articles can convince the employer of the legality of the 3 by 3 schedule.

Lawyer's response:
Article 100 employees, the duration of daily work (shifts), including part-time work (shifts), the start and end time of work, the time of work breaks, the number of shifts per day, the alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from general rules established by this employer - by an employment contract. Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation. TK RF. Article 100. Comments Article 101. Irregular working hours Irregular working hours are a special regime of work, in accordance with which individual employees may, by order of the employer, if necessary, occasionally be involved in the performance of their labor functions outside the working hours established for them. 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. TK RF. Article 101. Comments Article 102. Working in flexible working hours When working in flexible working hours, the beginning, end or total length of the working day (shift) is determined by agreement of the parties. The employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, and others). TK RF. Article 102. Comments Article 103. Shift work services provided. During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement. Shift schedules are communicated to employees no later than one month prior to their entry into force. Working two shifts in a row is prohibited.

Igor Nechepurenko

Are there any legal restrictions on the length of a work shift? for mothers with small children? If so, how old are these restrictions?

Lawyer's response:
The normal working day is 8 hours and in all cases the working day cannot exceed 24 hours. Article 92 of the Labor Code of the Russian Federation for a number of workers (minors, disabled people employed in hazardous industries) establishes a reduced working day. According to Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time (shift) or part-time work week at the request of one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), but the employee's remuneration in In this case, it is made in proportion to the time worked by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Tatyana Guseva

lease agreement

And what is the question? I'm on vacation now :) Is this the law of which country? In Russia, paid leave is 28 days, and if there is, then still preferential leave. The employer has no right to violate the Labor Code. Has, of course! "If more days are not...

Denis Krivopalov

work overtime. the manager forced me to stay after the end of the working day (6 pm) without any orders; I left work at 7 pm. 20 minutes. today he forced me to write an explanatory note on how to compose it correctly so that it is legally competent ...

There is no need to draw it up, it will be legally correct.

Olesya Petrova

Help me to understand. Under an employment contract, I work on a rotating schedule, I didn’t go to work on January 7, as it was a holiday and there were no orders that we were working, now the authorities want to deprive the bonus, is it legal and in accordance with which article

Lawyer's response:
If you have a rolling schedule, then you should have been familiarized with it on December 1, 2013. With a rolling schedule, the weekends are floating. The schedule should indicate what January 07, 2014 is for you. If it is a working day, then go to work in accordance with the schedule and there is no need for an order. Therefore, the employer is right. He only deprives you of bonuses for not going to work, and may even fire you for absenteeism. If there is nothing in the schedule, it means that this day is not working for you either.

Vadim Filinkov

is the master right? slave. schedule: week to day, week of rest, week to night. On the last day (Sunday in the second half), the foreman calls and orders to go to work in the morning, although according to the schedule, he leaves at night, the employee refuses and goes to his shift, having worked the night, the foreman leaves the employee for the day and says that the employee is to blame himself, because he did not go to work after the call. The schedule was changed during the worker's vacation. Is the master correct?

Lawyer's response:
Article 91 employment contract must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time. (as amended by Federal Law No. 90-FZ of 30.06.2006) Normal working hours cannot exceed 40 hours per week. The employer is obliged to keep records of the time actually worked by each employee. Article 97 laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, labor contracts (hereinafter referred to as the working hours established for an employee): for overtime work (Article 99 of this Code); if the employee works on irregular working hours (Article 101 of this Code). Article 103. Shift work Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. Shift schedules, as a rule, are an annex to the collective agreement. (as amended by Federal Law No. 90-FZ of 30.06.2006) Shift schedules are communicated to employees no later than one month prior to their entry into force. Working two shifts in a row is prohibited. Is everything clear here? ?

Leonid Khokhlatov

the task of knowledge of labor law.. The complaint received by the district prosecutor's office stated that the director of the enterprise ordered the heads of workshops, foremen and other engineering and technical workers to come to work half an hour before the start of the shift and leave work half an hour after it ended. The director, in his response to the prosecutor's office, said that in accordance with the approved job descriptions all engineering and technical workers before the start of the shift must be present at the planning meeting of the head of production, check the serviceability of the equipment, prepare tools and documentation for the performance of work. The order applies only to workers with irregular working hours. Give an answer on behalf of the prosecutor. I would be very grateful for your help :)

Lawyer's response:
The concept of working time is defined by Article 91 of the Labor Code of the Russian Federation Normal working hours Working hours are the time during which an employee, in accordance with the internal labor regulations and the terms of an employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation refer to working time. Normal working hours may not exceed 40 hours per week. The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor. The employer is obliged to keep records of the time actually worked by each employee. When determining working time, the employer must take into account the application of article 94 of the Labor Code of the Russian Federation. Duration of daily work (shift). In accordance with Article 97 of the Labor Code of the Russian Federation Work outside the established working hours The employer has the right, in the manner prescribed by this Code, to involve the employee in work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, an employment contract (hereinafter referred to as the working hours established for an employee): for overtime work (Article 99 of this Code); if the employee works on irregular working hours (Article 101 of this Code). In accordance with Article 99 of the Labor Code of the Russian Federation, activities involving the daily performance of labor duties cannot be defined as overtime work, because it contradicts the conditions for imputing overtime work, such as - the unforeseen failure to complete work begun - the performance of temporary work to repair and restore mechanisms or structures in cases where their malfunction can cause a significant number of employees to stop working - to continue working if the replacement employee does not appear, if the work does not allow a break to employees with irregular working hours, since they are not episodic in the performance of their labor functions. Therefore, the complaint must be upheld. The director's protest is dismissed.

Bogdan Mozhevitinov

Should the employer, when asked to stay after working hours with an irregular working day, write an order?

What order?? ? if you have an irregular working day So is it an irregular working day or is it a regular working day? It's not entirely clear what you want to know. Irregular working hours - a special mode of work, in accordance with ...

Oksana Grigorieva

Lawyer's response:
Not! Moreover, prenatal vacation does not exist. There is a maternity allowance. Labor Code of the Russian Federation Article 138. Limitation of the amount of deductions from wages Deductions from payments that are not levied in accordance with federal law are not allowed. Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings" Article 101. Types of income that cannot be levied 1. The following types of income cannot be levied: 9) insurance coverage for compulsory social insurance , with the exception of old-age pensions, disability pensions and temporary disability benefits; Federal Law No. 165-FZ of July 16, 1999 "On the Basics of Compulsory social insurance" Article 8. Types of insurance coverage for compulsory social insurance 1. Repealed from January 1, 2010. 2. Insurance coverage for certain types of compulsory social insurance is: 7) maternity benefit;

Art. 99 Labor Code of the Russian Federation

Lawyer's response:
Without the consent of the employee In the Russian Federation, involvement in overtime work is allowed without the written consent of the employee in the following cases: in the performance of work necessary to prevent disasters, industrial accidents or eliminate the consequences of a catastrophe, industrial accident or natural disaster; in the production of public necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems - to eliminate unforeseen circumstances that disrupt their normal functioning; in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that put under threat to the life or normal living conditions of the entire population or part of it. With the written consent of the employee Involving the employer of the employee to overtime work is allowed with his written consent in the following cases: if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the duration of the work established for the employee time, if non-fulfillment (non-completion) of this work may lead to damage or destruction of the property of the employer, state or municipal property, or pose a threat to the life and health of people; in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause the cessation of work for a significant number of employees; to continue work if the replacement employee does not appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee. In other cases of involvement in overtime work, in addition to the written consent of the employee, the employer is required to take into account the opinion of the trade union body; however, this norm does not actually affect the possibility of involving employees in overtime work, since the employer may not agree with the negative decision of the trade union. The absence of the written consent of the employee means the absence legal grounds to get him to work. Restrictions on overtime work An additional criterion, which by law cannot be exceeded in any way, is the inability to require an employee to work overtime beyond four hours on two consecutive days and 120 hours per year. The following categories of workers are not allowed to work overtime: pregnant women, workers under the age of eighteen, workers of other categories, if it is established by federal law, for example, workers with whom a student agreement has been concluded. Involvement of disabled people and women with children under the age of three years to work overtime is allowed with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. Employers are required by law to keep accurate records of the overtime work performed by each employee, which must be reflected in the time sheet. A separate order is required for each overtime work. It is not possible to issue an overtime order for a long period of time.
Art. 152 Labor Code of the Russian Federation

Valentin Koganov

irregular working hours in the contract. Is it legal to work every day for 9-10 hours? If not, how can you prove it? 5 days for 8 hours.

Lawyer's response:
The answer to your question is contained in the Constitution of the Russian Federation and the Labor Code http://www.consultant.ru/popular/tkrf/14... Article 91. The concept of working time. Normal working hours Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working time. Normal working hours may not exceed 40 hours per week. The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor. The employer is obliged to keep records of the time actually worked by each employee. (see also articles 92-99 of the Labor Code of the Russian Federation) and also http://www.consultant.ru/popular/cons/1_... Article 37 1. Labor is free. Everyone has the right to freely dispose of his abilities to work, to choose the type of activity and profession. 2. Forced labor is prohibited. 3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work WITHOUT ANY DISCRIMINATION and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment. 4. The right to individual and collective labor disputes is recognized using the methods of their resolution established by federal law, including the right to strike. 5. Everyone has the right to rest. A person working under an employment contract is guaranteed the length of working time established by federal law, weekends and holidays, and paid annual leave.

Pavel Taranov

Irregular working hours.. Hello! The question is how the relationship between the r / d and the employee is regulated by law, if an irregular r / d is prescribed in the employment contract, and in fact the work is on a rotational basis, for example, you work 14 days, and you rest a certain number of days, at the discretion of the r /d, is it possible to this case find a "government", within the framework of the law, on the r / d, or not (so that the number of days off coincides with the number of working days).

Lawyer's response:
does the employment contract state that you work on a rotational basis and is the schedule indicated? According to Art. 101 of the Labor Code of the Russian Federation, an irregular working day is a special mode of work, according to which individual employees can, by order of the employer, if necessary, be EPISODICALLY involved in the performance of their labor functions outside the working hours established for them. 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. This does not mean an additional working day, but the time after the end of the working day (shift), provided for by the employment contract.

Full text of Art. 101 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 101 of the Labor Code of the Russian Federation.

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

The legislator singled out an irregular working day as a special mode of work. Let's try to identify the main features of this mode of operation.

Firstly, only individual employees, and not the entire work team, can be involved in such a mode of work. At the same time, it is taken into account that some categories of workers, in accordance with the provisions of the labor legislation of Russia, cannot be involved in the performance of work in the irregular working day at all. It's about about employees under the age of 18, people with disabilities, people with family obligations, etc.

Secondly, the possibility of attracting employees to perform official duties in the irregular working hours is carried out on the basis of the relevant order of the employer. The head of the organization must issue an appropriate order or order on the involvement of specific employees to work in irregular hours, indicating the period of such work. The relevant categories of employees are subject to familiarization with the specified order or instruction in writing. Note that sometimes employees are involved in the performance of such work on the basis of an oral order. On the one hand, this is not a violation, since the commented article does not indicate the need for a written form of the order. On the other hand, without a written order or order, the employee has no reason to continue to insist on providing him with additional days for rest or payment for work in irregular working hours.

Thirdly, the legislator has established that engaging in work in the irregular working day is possible when there is a production need and occasionally. The first factor means that the work is caused by some additional amount of work that has arisen as a result of the seasonal nature of the work performed, a failure in any system, and for other reasons that are not stable for this type of organization. The second factor indicates the temporary, one-time nature of the involvement of workers in the performance of work in irregular working hours, the lack of a tendency to regularity.

The fourth feature is the duration of the work. If individual employees are involved in the performance of their official duties in excess of the established time limit, it is necessary to take into account what kind of working hours for such an employee is normal.

The provisions of the commented article establish that the list of employees for whom an irregular working day can be established must be determined by a collective agreement, an agreement between an employee and an employer or LNA. The listed documents should be adopted taking into account the opinion of the representative body of employees. Note that the last provision is of little use at the present time and practically does not work, because. sometimes there is no such body in commercial structures. In addition, in commercial organizations where the total number of employees does not exceed 3-5 people, it is generally not possible to create an appropriate body.

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

1. The peculiarity of the irregular working day regime is that the employee can, by order of the employer, perform his labor 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, labor contract. Such revisions are allowed only if necessary and should not be systematic, but episodic.

2. The procedure for applying the irregular working hours in organizations financed from the federal budget is governed by the Rules for granting 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 of December 11, 2002 N 884. The list of positions of employees with irregular working hours is established by the internal labor regulations or other regulatory act of the organization.

The list of positions of employees with irregular working hours includes managerial, technical and economic personnel, as well as other persons: a) whose work during the working day cannot be accurately recorded; b) who distribute working time at their own discretion; c) the working time of which, according to the nature of the work, is divided into parts of an indefinite duration.

This list can also serve as a guideline for other employers when preparing the relevant sections of the collective agreement or local regulatory act.

3. Compensation for overtime during an irregular working day is carried out not according to the rules relating to overtime work, but by providing additional leave (see Article 119 of the Labor Code and commentary thereto).

Consultations and comments of lawyers on Article 101 of the Labor Code of the Russian Federation

If you still have questions on Article 101 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

1. Article 101 of the Labor Code of the Russian Federation establishes the concept of "non-standardized working day". The main features of irregular working hours are:

work outside the established working hours. There are no restrictions on the duration of work of persons working part-time (Article 284 of the Labor Code) in 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);
involvement in work is caused by a need, due to 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 shop);
involvement in work outside the established working hours is episodic, i.e. cannot be a system.

The procedure for engaging in work outside the normal working hours has been established: 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 normative act, adopted taking into account the opinion of the representative body of employees. Representatives of employees in the social partnership are trade unions, therefore, the adoption of a local regulatory act is carried out by the employer in the manner prescribed by Art. 372 TK.

The consent of the employee to be involved in such work is not required. At the same time, the employer is not entitled to entrust him with the performance of work not determined by his labor function.

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

3. Rules for granting 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 of December 11, 2002 N 884 (SZ RF. 2002. N 51. Art. 5081), established that the list of positions of workers with irregular working hours includes managerial, technical and economic personnel and other persons whose work in the course 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 work, is divided into parts of indefinite duration.

In some cases, the establishment of an irregular working day is provided for by regulatory legal acts. So, in paragraph 14 of the Regulations on the features of the regime 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), states that drivers of cars (except for taxi cars), as well as drivers of vehicles of expeditions and survey parties employed in geological exploration, topographic and geodetic and survey work in the field, an irregular working day may be established. In paragraph 37 of the Regulations on the features of the regime of working hours and rest time, working conditions for certain categories of railway 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), establishes that employees of railway transport can be set to work with irregular working hours, with the exception of employees servicing passenger trains, train electricians, as well as chiefs, 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.

The inclusion in the list of positions of workers with irregular working hours of those whose work cannot be accurately recorded in time or who distribute the time of work 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 the irregular working day is carried out at the initiative of the employee himself.

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

4. Workers with irregular working hours are subject to the rules on the duration of work (shift) (Article 94 of the Labor Code), on the time of the beginning and end of the working day (shift); they are generally exempted 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 borne in mind that if an employee works part-time (Article 93 of the Labor Code), then engaging in work in excess of the daily work rate determined by agreement of the parties, but within the established duration of daily work (shift) at 5- and 6- daytime workweeks is not considered to be part-time work.

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

1. Under the irregular working day, the legislator understands a special mode of work, the establishment of which is possible not for everyone, but only for certain categories of workers.

In this regard, the application of the irregular working hours is preceded by the development and adoption of an appropriate list of positions of employees. The list of positions of workers with irregular working hours may be included in the text of the collective agreement, agreement or approved in the form of an independent local regulatory act. Therefore, the procedure for approving the list can be both contractual (when concluding a collective agreement, agreement) and established by the legislator for local regulations adopted taking into account the opinion of the representative body of workers.

2. The commented article does not name specific legal grounds for attracting employees whose positions are listed in the specified list to work on irregular working hours. A certain explanation for the application by the employer of his right is the provision of the article that the employee's labor function can be performed outside the working hours established for him. At the same time, the employer must have objective reasons that determine the need for the employee to perform the labor function after the end of the working day. These reasons or grounds must be of an episodic nature, such as the need to complete a negotiation procedure in which the employer is a party.

At the same time, the episodic nature of attracting workers to work after the end of the working day indicates that it is difficult to plan or foresee the need for such work in advance, although in some cases its probability is quite obvious (for example, compiling quarterly, annual reports; increasing the volume of orders for seasonal products).

The list of positions of employees with irregular working hours is determined by the employer independently. When compiling it, the scope of activity, the nature of the work of employees, the timeliness of the fulfillment of obligations assumed and all other circumstances contributing to effective work organizations.

3. The Government of the Russian Federation gives a detailed list of such positions in relation to organizations financed from the federal budget:

Managerial, technical and economic personnel and other persons whose work during the working day cannot be accurately recorded;

Persons who distribute working time at their own discretion;

Persons whose working time, by the nature of work, is divided into parts of indefinite duration (see clause 3 of the Rules for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget, approved by Decree of the Government of the Russian Federation of December 11, 2002 N 884).

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

4. Familiarization of the employee with the local regulations of the organization directly related to his labor activity, the collective agreement before concluding an employment contract against signature means that he is aware of his obligation to work according to irregular working hours. In other words, the application of irregular working hours does not require obtaining (every time) the prior consent of the employee, if his position is indicated in the list and he knows this.

5. The irregular working hours cover all employees of the organization whose positions are indicated in the list. There are no restrictions on the use of labor by pregnant women, the disabled, women with children under the age of three (unless such work is prohibited to them for medical reasons).

As regards workers under the age of 18, Art. 268 of the Labor Code, it is forbidden to involve them in overtime work, to work on weekends and non-working holidays. Therefore, it should be recognized that they cannot be involved in work with an irregular working day.

6. Using the regime of irregular working hours, the employer is not entitled to entrust the employee with the performance of work not determined by his labor function.

7. In relation to certain categories of employees, the regime of irregular working hours is established by subordinate regulatory legal acts. Thus, the Regulations on the peculiarities of the regime of working hours and rest time for car drivers indicate that drivers of cars (except for taxi cars), as well as drivers of cars of expeditions and survey parties engaged in geological exploration, topographic and geodetic and survey work in the field, an irregular working day may be established (clause 14).

The Regulations on the Peculiarities of Working Hours and Rest Time, Working Conditions of Certain Categories of Railway Transport Workers Directly Related to Train Traffic, establishes that railway transport employees may be set to work with an irregular working day, with the exception of employees serving passenger trains, train electricians, as well as chiefs, 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 (clause 37).