Labor Code irregular working hours. Labor Code irregular working hours Article 101 of the Labor Code of the Russian Federation comments

06.06.2021

New edition Art. 101 Labor Code of the Russian Federation

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

An irregular working day is a special 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 normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

The peculiarity of the considered mode of work of time is that the employee is subject to the general mode of operation of the organization, but may be delayed at work at the request of the employer to perform his work duties in excess of the usual work shift or be called to work before the start of the working day.

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

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

Irregular working hours can be applied to administrative, managerial, technical and economic personnel; persons whose work cannot be accounted for in time; persons who distribute time at their own discretion; persons whose working time, by the nature of the work, is divided into parts of indefinite duration.

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

The establishment of an irregular working day does not mean that these workers are not subject to the basic norms of labor legislation on the norms of working hours and rest time. Therefore, involvement in work outside the length of working time established for them cannot be systematic.

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

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

1. The peculiarity of the regime of irregular working hours 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 Russian Federation, collective agreement, agreements, local regulations, labor contract. In Art. 101 of the Labor Code of the Russian Federation emphasizes that such processing is allowed only if necessary and should not be systematic, but episodic.

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

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

b) distributing working hours 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.

3. In the event of an irregular working day, processing in excess of the norm of working time established for the employee is not considered as overtime work, since in this case the very nature of the work implies the possibility of processing, which, moreover, as a rule, cannot be accurately accounted for. In this regard, 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 of the Russian Federation and commentary thereto).

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

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

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.

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

1. Article 101 of the Labor Code of the Russian Federation establishes the concept of "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 duration of 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. Employee representatives in 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.

For an employee working on a part-time basis, an irregular working day can only be established if, by agreement of the parties to the employment contract, a part-time working week is established, 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 "non-standardized working day" and indicates that the list of positions of employees with such a working day is established by a collective agreement, agreements or local regulatory act adopted taking into account the opinion of the representative body of employees. For the first time at the legislative level, the article reveals the main features of this type of working day: work by order of the employer outside the normal working hours.

2. An irregular working day, as indicated in the commented article, is established for certain categories of workers with special working conditions, when, due to production needs, on certain days of the week they are allowed to work in excess of the normal working day, as a rule, without additional payment or compensation in the form time off. Therefore, an irregular working day is introduced for certain categories of workers who usually occupy leadership positions in the organization, and for specialists whose work cannot be accounted for in time. For example, on November 1, 2007, the Board of the Pension Fund of the Russian Federation adopted Decree N 274p "On approval of the List of positions for employees of the PFR system with irregular working hours and the establishment of the duration of the annual additional paid leave for employees of the PFR system."

However, these workers are subject to general rules regarding the start and end time of work. Their processing is not considered overtime work and is therefore not subject to increased pay. Compensation for processing on certain days of the week in excess of the established working hours is provided in the form of additional paid leave. The procedure for granting such leave is determined in local regulations or in an 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 the norms of working hours and rest time. Therefore, involvement in work outside the normal working hours cannot be systematic.

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

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

4. The letter of the Federal Service for Labor and Employment dated June 7, 2008 N 1316-6-1 "On working in irregular working hours" states that in accordance with Art. 101 of the Labor Code, an irregular working day is 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.

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, the rule is excluded that if the employer does not provide additional leave for using the employee in irregular working hours, processing in excess of the normal working hours with the written consent of the employee is compensated as overtime work.

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

At the same time, the introduction of an irregular working day for employees does not mean that they are not subject to the rules that determine the start and end time of work, the procedure for recording working time, etc. These workers are on a general basis released from work on weekly rest days and holidays.

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

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

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 duration of 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.

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

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, 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 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.

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

when applying for a job 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 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 get the opportunity to blow. A person was judged...

Andrey Khotenov

Why were prostitutes in prison during Soviet times, 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:
According to Article 97 of the Labor Code of the Russian Federation, The employer has the right, in the manner prescribed by this Code, to involve an 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 , labor contract (hereinafter referred to as the length of working time 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). According to Art. 99 Labor Code of the Russian Federation Engagement by the employer of an employee for overtime work is allowed with his written consent in the following cases: 1) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay according to the technical conditions of production, could not be performed (completed) within the working hours established for the employee if non-fulfillment (non-completion) of this work may lead to 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 create a threat to the 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 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 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 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:
First, the Labor Code, Article 350. Article 350. Some features of labor regulation 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 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?

Lawyer's response:
by virtue of the provisions of Articles 4, 91, 99, 152 shopping mall rf: 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 4 hours for each employee for two consecutive days and 120 hours per year; overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the size.

Elena Panina

What is an irregular working day?

Lawyer's response:
Irregular working hours The concept of an irregular working day was first formulated in 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 classified as said 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 gave a definition of 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 Art. 99 TK) has a working time status. 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 have different tasks and different legal functions. It is unacceptable to confuse them. Unfortunately, at the present time, we see a close "cooperation" of irregular working hours and overtime work, which resulted in the substitution of these concepts. This is noticeable not only in legal definitions. IN Art. 119 TK the interchangeability of an irregular working day with overtime work and vice versa is freely allowed. 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 formed the opinion that Art. 99 TK there is a legal qualification of 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 the legal regulation of labor relations is the 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 hours Irregular working hours

Artem Postovalov

Irregular working hours Is this legalized slavery? Gentlemen lawyers, please help me to understand. After reading TC and analytical articles on the topic of irregular working hours, the impression was that by setting people an irregular working day, you can make them 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? Collective agreement does not cancel the individual, where the nature of the work must be negotiated with a specific employee for 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 labor commission disputes in the enterprise to begin with. 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 ХШ Labor Code of the Russian Federation Chapters 56-62 are 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 daily uninterrupted rest should be provided ( Art. 110 TK) does this mean that after a day shift of 12 hours, the next day I can only go out at night (because I have to rest 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 Working hours Working hours should provide for the duration of the working week (five-day with two days off, six-day with one day off, working week with days off on a rotating schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work (shifts), including part-time work (shifts), start and end time of work, breaks in work, number of shifts per day, 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 the general rules established by a given employer - 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. Labor Code of the Russian Federation. Article 100. Comments Article 101. Irregular working hours 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. Labor Code of the Russian Federation. Article 101. Comments Article 102. Work 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). Labor Code of the Russian Federation. Article 102. Comments 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 allowable 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. 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) a reduced working day has been established. According to Art. 93 of the Labor Code of the Russian Federation the employer is obliged to establish a part-time working day (shift) or part-time working week at the request of one of the parents (guardian, custodian) who has a child under the age of 14 (a disabled child under the age of 18), but the employee's remuneration in this case is made proportionate to the time they have worked. 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. Violate Labor Code employer is not eligible. 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 Work time- 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 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 allowable 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 response to the prosecutor's office said that in accordance with the job descriptions approved at the enterprise, all engineering and technical workers are required to attend the planning meeting of the head of production, check the serviceability of the equipment, prepare tools and documentation for the work before the start of the shift. 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 article 91 of the Labor Code of the Russian Federation 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. When determining working time, the employer must take into account the application article 94 of the Labor Code of the Russian Federation. Duration of daily work (shift). According to article 97 of the Labor Code of the Russian Federation Work outside the established working hours The employer has the right, in accordance with the procedure established by this Code, to involve an 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 length of working time 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). According to article 99 of the Labor Code of the Russian Federation measures that provide for 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 they a 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. because 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- special mode of operation, 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 Limiting the amount of deductions from wages Deductions from payments for which, in accordance with federal law no recovery is being made. Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings" Article 101. Types of income that cannot be foreclosed 1. Collection may not be levied on the following types of income: 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 Fundamentals of Compulsory Social Insurance" Article 8. Types of insurance coverage on 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 ; when performing socially 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 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. 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 that there are no legal grounds for involving him in the 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 order for overtime work 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 of the Russian Federation, relate 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 their abilities to work, choose the type of activity and profession. 2. Forced labor 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 duration of working hours 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 in this case to find a "government", within the framework of the law, on the r / d, or not (so that the number of days off matches 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 may, 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.