Irregular working hours (abbreviated as NSD), according to the norm of Art. 101 of the Labor Code of the Russian Federation is characterized as a certain routine of labor activity, where the employee fulfills his duties at the request of management, but the time for their implementation is allocated outside the scope of the work schedule indicated in the employment contract. The time spent on the assignment is an exception to the general routine adopted by the company. As a result, this time is an alternative to the generally accepted 8-hour working day for most commercial and state-owned companies.
Commentary on Art. 101 of the Labor Code of the Russian Federation indicates that management independently appoints such a regime at its discretion for a specific group, department or individually for certain employees. This is determined by the amount of work and deadlines. NSD is similar to the “overtime” or “overtime” categories. But according to the law of the Russian Federation, namely, Art. 101 of the Labor Code of the Russian Federation are different concepts. And now we’ll take a closer look at all the nuances of an irregular working day.
The Labor Code of the Russian Federation as a guarantor of an employee with irregular working hours
By setting specific requirements for any employee, the employer tries to maximize all business processes to achieve an effective labor process. From article 101 of the Labor Code of the Russian Federation, irregular working hours have certain characteristics:
- for employees individually, the requirements of the PDR are prescribed in the contract, as well as in the regulatory documents of the company;
- involvement of employees to work outside the schedule should be local in nature without constant involvement;
- work on an individual schedule has limitations for pregnant women, persons with disabilities who have not reached the age of majority, or citizens who independently raise children under 7 years of age.
According to article 90 of the Labor Code of the Russian Federation, a week includes 40 hours of work. This refers to the 5/2 work system that is familiar to most citizens. However, the employer has the right to raise such standards, i.e., to appoint overtime or processing, as well as to involve in NSD.
According to the rule of law, overtime has limitations - no more than 120 hours of work per year, no more than 4 hours in 2 consecutive days. NSD does not have these restrictions. From the commentary of Art. 101 of the Labor Code of the Russian Federation, irregular working hours are a difficult concept, because the regime is episodic in nature, and an order to solve an auxiliary task is usually given orally. The time spent by the employee on the task is not taken into account. In general, the result of the task is taken into account.
The method of determining non-standard operation
To determine effective management, it is necessary to take into account the specifics of the position. Using various operating modes of the company, it is possible to achieve high economic results. The irregular regime is developed and adopted throughout the organization with the coordination of all categories. A standardized document is created, where a list of posts and new working conditions are prescribed, and a journal is kept to familiarize oneself with the rules. After coordination and familiarization with all documents, you can begin to carry out job descriptions.
Irregular working hours - what everyone should know
An employee who has read the internal documents of the company, as well as with Art. 101 of the Labor Code of the Russian Federation in the future should know some nuances. Firstly, a single oral order from the management and consent of the employee is enough to permanently shift certain responsibilities. Secondly, the refusal of NSD will be regarded as a violation of the work schedule with subsequent conclusions on non-compliance with labor standards. Thirdly, this regime is local in nature, without increasing responsibilities. Fourth, this agreement entitles you to 3 additional days off or an equivalent cash benefit. However, such benefits are very rare and depend directly on company management.
What does irregular working hours mean for an employer
When evaluating the capabilities of a business, company management always relies on employee performance. And, setting the operating mode, it tries to get the maximum effect. Bosses, in addition to preparing safety documents or fire protection, must also prepare a work schedule. If it involves irregular employment, then it is necessary to indicate a list of posts and an addition to the main contract of employment, which spells out key points of labor. However, it must be remembered that NSD does not impose new functions on the employee, and he must not (article 101 of the Labor Code of the Russian Federation) fulfill orders on such terms daily.
List of professions that are most suitable for irregular working hours
The legislation does not indicate a specific list of posts where NSDs can be introduced. This is the business of every organization. Participants in this regime are higher positions: managers, persons replacing directors, heads of sectors and departments. For technical and business workers, security guards, dispatchers, as well as creative professions where the labor process is focused on the result, it is impossible to assign a certain scope of the work regime.
Conclusion
From the commentary to Art. 101 of the Labor Code of the Russian Federation on irregular working hours, we can distinguish that such conditions are beneficial, but only for the employer. The law does not provide for clear clarity of this category, and all clarifications are dispersed throughout the Labor Code of the Russian Federation. As a result, it is necessary to be very careful when signing contracts and additional agreements so as not to violate the work schedule and not be in an awkward position in front of the management.