Employment contract with irregular working hours sample filling 2020

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What is an irregular day?

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

In fact, this is far from the case: Art. 101 of the Labor Code of the Russian Federation indicates that this operating mode can be used occasionally and only by order of management in each specific case. At the same time, the need to work outside the norm must be motivated by a specific need that has arisen. As confirmation of this position, we can consider the letter of Rostrud dated 06/07/2008 No. 1316-6-1, which directly states that work in excess of the established norm should not be systematic.

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

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

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

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

Worker's compensation

Additional leave for employees with irregular working hours is provided as compensation. The duration of additional leave is regulated by the collective agreement and internal labor regulations. It cannot be less than 3 days.

Employers have the right to independently determine for the enterprise the feasibility of introducing this mode of operation. The list of employee positions is determined by the provisions of the collective agreement, agreement, or other local regulatory act. They are adopted taking into account the opinion of the trade union, if it operates at the enterprise.

The right to additional leave arises regardless of the frequency of the employee’s involvement in irregular working hours by the employer. The procedure and conditions for granting additional annual leave (paid) are established by the Government of the Russian Federation if the enterprise is financed from the budget. In 2002, the Government issued special Resolution No. 884. It reflects the rules for granting additional annual leave for employees with irregular working hours. An irregular working day may be established for employees whose work cannot be accurately recorded, as well as for those who determine their working hours at their own discretion.

Some employees often ask their employer for monetary compensation instead of the additional leave they are entitled to by law. Some employers, trying not to issue unnecessary orders, seek to include in the company’s local regulations a provision according to which, instead of additional leave, the employee will be offered monetary compensation. In principle, if we analyze the provisions of labor legislation, the Labor Code does not directly prohibit this action of the employer. But at the same time, Article 128 of the Labor Code of the Russian Federation stipulates that replacement of part of the annual leave of more than 28 days can occur if a corresponding application is received from the employee. Additional leave for irregular working hours has an annual frequency, this rule also applies to this compensation.

IMPORTANT: if the company decides to provide monetary compensation to the employee instead of additional leave, you should be careful. The right to additional leave is a guarantee of rest for an employee associated with his occasional involvement in an irregular schedule. It is believed that vacation restores a person's wasted strength. Based on this, the lack of possibility of recovery and the replacement of this process with money can be considered by regulatory authorities as a worsening of the employee’s position in comparison with the law (Article 8 of the Labor Code of the Russian Federation). There are penalties for this.

Comments on the document “Employment contract with the driver (irregular working hours)”

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04/22/2014 at 19:08:22

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02/25/2016 at 08:59:03

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07/29/2016 at 09:53:34

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09/13/2019 at 07:08:00

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Sample contract

When drawing up an employment contract for an employee with an irregular schedule, you should rely on its standard provisions. But to such an agreement it is necessary to add certain provisions regarding the establishment of irregular working hours and the possibility of providing additional leave as compensation.

Numbers in the text of various standard employment contracts are usually indicated conditionally. The work and rest schedule (including the right to additional leave) are reflected in number 4 (clause of the contract), but this is not mandatory. Rather, it is an established practice. The wording of contracts may be different: it is necessary that they clearly indicate that the employee may be required to work an irregular work schedule, and also has the right to count on compensation in the form of additional leave.

Employees of an enterprise may have irregular working hours. For this, certain employees receive compensation as additional leave. This is the employer's responsibility. But it is his right to provide employees with monetary compensation instead of vacation.

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Legal basis

The Labor Code of the Russian Federation implies a certain algorithm for fixing irregular days in an employment contract. This form of work must be indicated in accordance with the following rules:

The employment agreement form must include a list of specialties that provide the opportunity to work on an irregular schedule.
The contract clause on irregular working hours must be drawn up in accordance with all the requirements of the Labor Code of the Russian Federation. Any discrepancies that violate the employee’s rights to work and rest will be considered illegitimate.
The Labor Code of the Russian Federation does not limit the duration of an employee’s shift.
Russian legislation also does not provide for the payment of compensation or additional vacation days for work on a non-fixed schedule.
A subordinate can perform exclusively those functions that relate to his profession.

The contract can be supplemented with other data, but the provisions listed above must be mandatory in the contract.

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Working hours during irregular hours

According to the Labor Code of the Russian Federation, an employee of any organization can work no more than 40 hours in one week. With a five-day work week, a person can work a maximum of eight hours per day in one day. However, the employer has a way to go beyond the time frames established by law - to organize a non-fixed schedule with working days. The whole process is regulated by Article No. 101 of the Labor Code of the Russian Federation.

In order for an employee to work beyond his standard shift, an appropriate clause on the form of the labor process must be added to an employment contract with irregular working hours. In the agreement that was signed between the employee and the employer, it is necessary to indicate the mode of attracting the employee. For example, the contract can indicate “the employee is involved in the performance of official duties occasionally.”

As mentioned, the extra-standard work week is not limited to a certain time frame. However, the contract must contain information on such aspects as:

number of shifts during one month;
the number of hours that the employee must work overtime;
work and rest schedule.

We invite you to familiarize yourself with the Penalty for the refinancing rate in the agreement

These include:

pregnant employees;
employees who are under 18 years of age;
persons with disabilities;
people of retirement age;
mothers of many children;
employees who undergo training on the evening shift.

After introducing the above-normal form of work and making appropriate changes to the contract, the employer issues a decree that must contain a specific list of positions. Later, the employer undertakes to familiarize employees with the details of the new working regime.

There is a unified sample employment contract with irregular working hours. It consists of the following parts:

“Hat” (the name of the organization and working hours are indicated on the left, and the initials of the manager on the right).
Part 1 includes general provisions that explain the essence of this form of labor, as well as its regulatory framework.
Part 2 consists of a list of individuals for whom the terms of the agreement become relevant after entry into force.
Part 3 contains compensation provisions.
The final provisions of the document include a list of all administrative persons with whom the excess schedule was agreed upon.

Generally speaking, an agreement with a non-fixed working day must necessarily contain the following provisions:

date of the contract;
Full name of the employee and employer;
information about the position and place of work;
rights and obligations of both parties;
functions of the parties;
insurance guarantees;
personal information of the employee and employer.

Position

Today, there is a certain sample designed to legally consolidate the provisions on such a work schedule. This document, according to the current model, consists of the following parts:

“Header” of the document.

In the upper left corner it is necessary to write down the full name of the organization or enterprise where irregular working hours are used, as well as indicate the type of these provisions (about irregular working hours). And on the right side write who approved these provisions (initials, surname and position) and the date of preparation.

It is also necessary to mention on the basis of which documents the decision was made to implement these provisions.

The first part displays general provisions.

This part describes the essence of an irregular schedule and provides the legislative framework on the basis of which it is introduced by the management of the enterprise.

Second part, list of employees.

Here we are talking about which category of individuals such conditions can apply to.

This category includes persons working as heads of any commercial organization, as well as their deputies, persons holding management positions within a specific department and their assistants, persons performing work to staff the organization with the required professions, and lawyers.

The second part of the provision reflects the fact that individuals can be recruited by the manager for the purpose of performing additional work only if this is stated in the employment contract. In addition, it must be stated how hours worked are recorded.

Employees have every right not to work overtime if the employer requires it on weekends. On those days that are not among the working days fixed in the schedule of the employment contract, the employee is also not obliged to work.

However, there are a number of certain exceptions, which are contained in Articles 113 and 153 of the Labor Code.

The third part is about compensation.

Contains information about compensation provided to employees, namely additional leave, which the employer pays at intervals of one year. It also contains information on what factors (type of work activity and amount of work performed) are used to determine the duration of the vacation.

The final part of the document.

Below it is necessary to list those persons with the help of whom this provision was agreed upon. Usually this is the deputy director, head of the human resources department and accountant.

You can find a sample of the Regulations on Irregular Working Days here.

About time tracking

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

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

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

For questions about payment

As already mentioned, in the usual sense of the word it is absent. We can only talk about this if time-based payment is used, or the amount depends on production and compliance with its standards. For example, such schemes are often used for accountants. The main thing is that overtime work of this type does not become systemic.

When an enterprise operates around the clock, a summary accounting scheme is acceptable, or when other features do not allow separate changes to be made for specific departments. The summary accounting method can also be applied to those who use an irregular schedule.

Here are some recommendations:

The accounting period consists not only of days, but also of regular weekends with holidays and rest.
The company's collective agreement is the basis for all operations.
It is necessary to determine either the daily duration of work or the total by week. Shifts vary during these periods. The main thing is that the final calculation results comply with regulatory requirements.

If management increases their working hours, including overtime, they must change the duration of their days off. They are provided on a rotating basis.

Total accounting requires a separate definition of the standard. Why is the number of days of work multiplied by seven? Seven is the norm for weeks consisting of six days. It is impossible to do without taking into account the time when the reductions were introduced.

Source: PravoDeneg.net