Duration of additional leave for irregular working hours. Rules for the provision and payment of additional leave for irregular working hours. Replacing the rest with a cash payment

Often, people whose labor agreements contain the so-called normal working hours (its total length is no more than 40 hours per week in accordance with Part 2 of Article 91 of the Labor Code of the Russian Federation) are faced with the fact that they remain to perform their functions in the organization and upon completion full day.

In other words, they work “for thanks”. Meanwhile, in order to exclude infringement of the rights of personnel, the Labor Code clearly indicates that such situations are compensated by the provision of additional paid leave for irregular working hours.

All aspects of relations, called labor relations, between the person being hired and the employer are regulated by the Labor Code of the Russian Federation. From part 2 of Art. 91 of this document it follows that according to the norms, the duration of the working time should not exceed 40 hours per week.

If the company employs employees, and their working regime does not obey the general rules that have been established by a specific employer, this circumstance should be regulated by an agreement signed at the time of acceptance (Article 100 of the Labor Code of the Russian Federation).

For state-level organizations that are federal, the procedure for establishing the time of rest for congestion is spelled out in the Government Decree of December 11, 2002 N 884.

State institutions at the level of the constituent entity of the Russian Federation are obliged to prescribe the day when the person worked, going beyond the time limits determined by the law, in regional regulations.

In municipal organizations, such regimes are documented in the normative acts of the municipal level.

The legislation does not unequivocally say about the frequency of work carried out outside the legal time limit, it says “sporadically”. In fact, those who are hired work like this on a daily basis. At the same time, it is important to remember that the duties performed must correspond to what they are during the service during the day.

If employees carry out regular activities on a daily basis that cannot be rationed, it is imperative to indicate this aspect in labor contracts.

Duration of additional annual leave for irregular working hours

The list of positions is confirmed by local documents.

Who is the leave for irregular working hours covered?

Holidays for a special schedule during the implementation of activities apply to all employees without exception. The main thing is that it must be spelled out in the agreement. Insofar as staffing table enterprises may change, new positions appear, working irregular hours, then all these changes are made to internal regulations.

Work experience, giving the right to leave

Work experience, which will allow you to go on vacation for an irregular time, arises from the hired worker from the date of signing the contract with the employer. Moreover, the vacation is given in full.

For example, an employed person needs to leave after a month of working days. He came to work at the beginning of the year.

But by agreement with the management, he has the opportunity to get all the days so as not to go to rest at his own expense. Even if the comrade did not stay at all to work for the good of the company more than 40 hours a week.

The right to additional leave appears in full from the moment of signing an employment contract, which indicates an irregular working day.

How vacation for irregular working hours is determined

The irregular day is determined only by the employer (management). This must be spelled out in the collective agreement or a document replacing it and in the employee's employment contract.

Additional vacation for irregular working hours is one of the ways in which the employer “softens” the working conditions of specialists who work periodically until late (and sometimes on weekends). Since this is not the goodwill of the company, but an obligation established by the Labor Code of the Russian Federation, it is important for firms to understand exactly which employees they should provide with additional leave, and also what determines the duration of such a vacation. Similar questions are of concern to specialists who are going to work in irregular conditions. Let's reveal the nuances in our article.

Who is provided with additional paid leave for irregular working hours according to the Labor Code of the Russian Federation

So, Art. 119 of the Labor Code of the Russian Federation determines that employees whose working day is not strictly delineated by any time frame, the employing firm must, in addition to the standard annual leave, provide a few more days of vacation as compensation for such a work schedule.

In this regard, the first thing that worries a company that is going to establish an irregular schedule for its specialists is the composition of persons who are allowed by the legislator to introduce such a schedule in principle. Labor Code of the Russian Federation special list does not establish such positions / professions. However, at the same time, it prescribes that a specific list of these persons should be approved in the company. It can be approved, for example, by a collective agreement, a separate internal agreement or some other internal regulatory document (Article 101 of the Labor Code of the Russian Federation).

Important! The employee, however, must remember that if he is invited to a position that implies periodic overtime, then in his employment contract with the company there must be a clause on the irregular schedule (Article 57 of the Labor Code of the Russian Federation).

In addition, the Labor Code of the Russian Federation defines such a work schedule as the occasional involvement of specialists to work overtime if there is a production need (Article 119). This means that before the inclusion of any position at the enterprise in the list with irregular schedules, it is necessary to have a justification that the work function performed by a specialist cannot exclude the occurrence of tasks, the solution of which will have to spend some time outside the standard working day.

The employee also does not need to forget that, as follows from Art. 119 of the Labor Code of the Russian Federation, an irregular schedule is an episodic work, which means that the company has no right to regularly force an employee to work late, even if there is a justified reason for that.

Pay attention! Working with an irregular schedule is not overtime work(Article 97 of the Labor Code of the Russian Federation), for which the legislator has established a clearer time frame (no more than 120 hours per year), as well as other grounds for engaging (with the written consent of a specialist, while with an irregular schedule, such consent of the employee is not required) ...

Procedure and rules for granting leave for irregular working hours

So, as already mentioned above, specialists who occupy a position with an irregular schedule (according to the company's internal documents) can count on additional leave for an irregular working day.

But here the question arises regarding the duration of such a vacation. Namely, in Art. 119 of the Labor Code of the Russian Federation, the legislator established minimum size vacation - 3 calendar days. Consequently, the company may, in an internal document (for example, in a collective agreement), provide for a longer amount of additional leave for irregular working hours.

Pay attention! The company can set its own duration of additional leave for each individual position involving work on an irregular schedule.

But how exactly for each individual specialist should the firm calculate the number of days of additional leave due to him for an irregular working day? After all, for example, the standard annual leave, as well as leave for harm working conditions are provided in proportion to the number of days actually worked by a specialist in the company (for vacation for harmfulness - in working conditions that negatively affect his health).

Should a similar proportional calculation scheme be applied in a situation with additional leave for irregular working hours?

The Labor Code of the Russian Federation in this regard does not contain any clarifications. At the same time, the regulatory authorities expressed the following point of view: the basis for a specialist to receive additional leave for an irregular working day is the fact that the employee works in a position that the company, by its internal document, relates to a non-fixed working day. The legislator does not provide for the condition that the amount of the granted leave corresponds to the number of days actually worked according to the irregular schedule (letter of Rostrud dated May 24, 2012 No. PG / 3841-6-1).

Therefore, any specialist for whom, by virtue of the internal regulations of the company (and his labor contract), a non-fixed work schedule is established, must receive additional leave for irregular working hours in full, which the employer has set for him, even if the employee has never actually been late at work. until late.

Compensation instead of additional leave

In practice, employees often ask for monetary compensation instead of such additional leave. In this regard, some companies, trying to avoid paperwork, are considering the option of prescribing in an internal document of the company a norm according to which an employee working an irregular day will be paid a certain sum of money... Can this be done?

The Labor Code of the Russian Federation does not explicitly prohibit doing this. But, at the same time, in Art. 128 of the Labor Code of the Russian Federation, the legislator prescribed that to replace part annual leave, which exceeds 28 days, the employer must in the event that he receives a corresponding statement from the employee. And since additional leave for an irregular working day has an annual periodicity, it seems that the need for an application from a specialist applies to such an additional leave.

Pay attention! If the company nevertheless decides to provide for compensation in the internal document instead of an additional leave, then it should be prepared for a possible administrative fine. After all, the right to additional leave is a guarantee for occasional overtime of an employee, which allows him to recuperate. Therefore, the inability to go on leave can be considered as a deterioration in the situation of the company's employees in comparison with the current norms of the Labor Code of the Russian Federation (Article 8 of the Labor Code of the Russian Federation), for which fines are provided for under Art. 5.27 of the Administrative Code of the Russian Federation.

Paid vacation for irregular working hours for certain categories of workers

A separate and often topical question for companies is the following: is there a need to provide additional leave for irregular working hours for those specialists who work in the company on any special conditions (for example, are part-time workers or work on a rotational basis)?

Let's start with part-time workers. They general rule, work in one organization as their main job, and additionally work part-time in another company. As required by the legislator, such specialists can spend no more than 4 hours a day on their additional work, and for a month, for example, if the “standard” working time is 176 hours, then they can only work 88 hours concurrently, i.e. That is, no more than half (Article 284 of the Labor Code of the Russian Federation).

Work on an irregular schedule, as already indicated, involves the occasional involvement of a specialist in the performance of his work function in excess of the standard duration of his working day. That is, an irregular schedule already in itself suggests that a part-time worker in this case will sometimes work more than 4 hours a day, which conflicts with Art. 284 of the Labor Code of the Russian Federation.

Pay attention! At the same time, a part-time worker can, in some cases, work for additional work and full-time work (when the salary is not paid at the main job, when he suspended his work by virtue of Article 142 of the Labor Code of the Russian Federation). However, this is rather an exception, and it is unlikely that occasional hiring of a specialist in excess of the standard duration of his working day will coincide with the days when he is released from work at his main place of work.

The courts also note that if the part-time worker did not suspend his work at the main place of work, then in the second company he actually works on the terms part day, and not irregular (definition of the Supreme Arbitration Court of the Russian Federation of July 29, 2013 No. VAS-9418/13). Therefore, it seems that if a specialist works part-time at a second job according to an irregular schedule, while not stopping occasionally his work in the main organization, then his part-time job cannot give him the right to additional paid leave for an irregular working day. .

A similar conclusion is true for shift workers. After all, they have work time taken into account cumulatively for the entire period (for example, for a month, quarter or year) during which they were at the enterprise and performed their work (summarized accounting, Art. 104 of the Labor Code of the Russian Federation). Determine exactly when such an employee was occasionally recruited in connection with production necessity, for the firm is not possible. Therefore, if a shift worker is forced to work longer than usual, then this can be qualified as overtime work (Article 99 of the Labor Code of the Russian Federation), and not as an irregular schedule. This means that a shift worker is not entitled to additional leave for an irregular schedule.

Outcomes

Every specialist who has the right to periodically commission him to work longer than usual has the right to additional paid leave for irregular working hours. In this regard, organizations should be aware that such leave can be granted only to those specialists whose position, according to internal document firm, refers to the list of positions with non-fixed working hours. At the same time, leave for such specialists should be provided in full, regardless of how many days he actually worked in excess of the standard, the very fact of work under conditions of an irregular schedule is important. In addition, some categories of workers are not allowed to leave, since their very involvement in work with a non-fixed schedule conflicts with the norms of the Labor Code of the Russian Federation (for example, part-time workers, shift workers).

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In the Labor Code of the Russian Federation, only a few paragraphs are allocated to leave for an irregular working day, this is clearly not enough to describe all possible situations related to the issue of rest with a special working regime. The Labor Code provides for various cases of increasing the duration of rest for certain categories of personnel.

In particular, an example is additional leave for irregular working hours. But it can only be issued if there is some important information in the documents of the organization.

The definition of such a special work schedule can be read in Art. 101 of the Labor Code of the Russian Federation. This is the work schedule when, at the request of the manager, the employee can be obliged to perform his functions outside of working hours.

Many people believe that if they stay in the office in the evenings, then their working hours are considered irregular. This is not entirely true. The Labor Code makes it clear who is granted additional time recreation. Labor law provisions require that the ability to work outside working day was fixed in the clauses of the internal regulations of the enterprise or in the collective agreement. It is this fact that will allow people employed in the company to qualify for additional paid leave for irregular working hours.

In the local documents of the company, a special work schedule can be determined for both individual vacancies and for the entire enterprise as a whole. At the same time, the rule applies that if the labor contract does not contain a mark about irregular working hours, then the employee has the right to refuse to perform his duties outside of working hours, even if his position is reflected in the list of personnel to which the irregular schedule applies. At the same time, he is still obliged to provide an extra period of rest.

You can cancel the condition on a special work schedule by making changes to labor contract by agreement of the parties. If such changes are made by the employer in unilaterally, then it is necessary to notify the employee about this at least a couple of months before the actual start date of the changes. This is prescribed by Art. 74 of the Labor Code of the Russian Federation.

The category of workers who, according to the terms of the labor contract, work incompletely is highlighted. labor time... An irregular schedule can be offered to them only in a situation if they work several full days a week (i.e., not part-time work is provided, but a different duration working week). This provision also applies to part-time workers. Their working hours will have to be regulated strictly according to the rules established by the code.

The company has no right to involve pregnant employees in the performance of duties outside the normal working hours. At the same time, there is no need to amend the labor contract. After such an employee leaves the decree, her daily routine will return to the previously approved format.

The duration of the vacation with irregular working days should also be recorded in local regulatory documents or collective agreement.

On what basis is additional rest time for staff with non-standard work schedules issued?

It is required to consider when leave is issued to employees with irregular working hours. The planned break time data is contained in the vacation schedule. This document must be drawn up at the enterprise every December. The schedule also includes additional days that are provided for the non-standardized work format. The order on the approval of the rest schedule is signed by the head of the enterprise.

Interestingly, workers with irregular working hours are given an extra break for rest while maintaining average salary even in cases where the employer has never used his right to involve a person in the performance job responsibilities after hours.

If an employee goes to rest according to a previously agreed plan, then no additional documents are required. But if individual decided to go to rest at another time, then he will need to issue an application to change the rest period for a different period. Having received such a written expression of the will of a person, the director issues an order to change the period of rest of an individual employee. It should be borne in mind that the boss may refuse to postpone the deadline if it interferes with the production process.

If, contrary to the established rules, the rest schedule at the enterprise is not approved, then in order to arrange the rest, a person must contact the manager in writing. At the same time, he indicates the full duration of his vacation, and the responsible employee of the organization independently determines which days from this period will be considered basic and which additional ones.

The order confirming the director's order to let the employee go on vacation will contain the following wording.

Provide I.K. Shlyapochnikov. vacation with payment for the period of work in JSC "Informatika" from 01.10.2016 to 30.09.2017:

main for 28 days from 08/01/2017 to 08/28/2017;
additional for 3 calendar days from 08/29/2017 to 08/31/2017.

Duration of additional rest under different conditions of the work schedule

The length of additional leave for irregular working hours depends on the policy established by the company, as well as on the current legislation. According to Art. 119 of the Labor Code of the Russian Federation, annual additional leave for an irregular working day with preservation of earnings is unacceptable to be made shorter than 3 days. The longest duration is not established by the code, but local regulations or a collective agreement should state how many days employees working under a special regime are actually supposed to rest.

The provision of additional leave for irregular working hours can be timed to coincide with the main rest. This is optional. Extra vacation days can be provided separately. In addition, it is not necessary to take them all together, but it is permissible to separate them.

The rules for calculating the main vacation days due in a calendar year can also be applied to the days of additional break in work. They are calculated in proportion to the time a person works at the enterprise, which includes all paid vacations, but unpaid ones - only within 14 days.

In addition to paid, an employee has the right to ask for additional days of unpaid rest.

Is it acceptable to pay compensation in exchange for extra days of rest?

Labor legislation prohibits the replacement of rest time monetary compensation... But this applies only to that paid break in work, which does not exceed 28 days, that is, the main one. This is stated in Art. 126 of the Labor Code of the Russian Federation.

In addition, it is impossible to replace any leave of a pregnant woman and a minor employee with financial compensation.

In other cases, unaccompanied days of extra vacation are paid to the employee at his request. This also applies to compensation for leave for irregular working hours. The calculation procedure for payment of compensation is the same as for payment of regular vacation pay. First, the average salary of an employee for the last year is calculated. When determining the average earnings, all payments to the employee are taken into account, with the exception of payments for sick leave, vacation pay and other social guarantees not directly related to the performance of job duties.

If the year has been completed in full, then the amount received is divided by 365 or 366 days. But if the employee was sick or for other reasons was not at work, then the number of days in the denominator decreases for periods of such absence.

Petrenko D.A. On July 18, 2017, he provided the manager with a statement with a request to pay him compensation for the unused 3 days of extra vacation. To determine the average salary for his labor, income is taken for the period from July 2016 to June 2017. His salary for the entire period did not change and remained at the level of 18,000 rubles, there were no additional charges for the past year. Payment compensation payment vacation pay looks like this: (18,000 * 12) / 365 * 3 = 591.78 rubles.

The order to pay compensation is drawn up on the basis of the written will of the employee. The content of the statement will be as follows:

I would like to ask you to compensate for the unused days of the annual additional paid rest provided due to irregular working hours.

It should be borne in mind that only the employee himself can ask for compensation. The organization itself has no right to impose such a procedure, since this would contradict the norms of the Labor Code of the Russian Federation, and the employer may be fined for infringing upon the employee's rights. For the same reason, it is not worth prescribing the replacement of an additional paid break in work with compensation in an employment contract or internal regulations.

Summarizing the above, it should be noted once again that additional days of rest are provided to the employee, regardless of whether he was involved in work outside the normal work schedule or not. The planned dates of rest should be included in the vacation schedule, but if this rule is violated, then an order from the head is issued for each vacation (main and additional).

Sep 3, 2017 zakonadmnin

25.08.2019

According to the Labor Code of the Russian Federation, workers who work longer than the established time are entitled to. Its duration and payment may vary depending on the type of activity and working conditions of the employee.

In particular, an irregular working day gives the right to a longer rest, the right to grant which is regulated by Article 119 of the Labor Code of the Russian Federation.

How many paid extra days are required by the Labor Code of the Russian Federation?

The conditions for granting additional vacation days for irregular working hours and its exact duration are not indicated in the Labor Code of the Russian Federation.

Article 119 of the Labor Code will only clarify that the issue of obtaining additional leave in this case is decided by agreement between the employee and the employing company, the duration of the rest is stipulated in the collective agreement or internal agreement.

Important! Additional days of rest will be assigned to the employee, even if he was not involved in unscheduled activities of the company.

V labor code RF established only the smallest number of days of additional leave, which is three.

Also, in accordance with the Labor Code of the Russian Federation, the procedure for granting additional vacation days for irregular working conditions for employees of state institutions of the federal level is regulated by government legal acts, in the constituent entities of the Russian Federation - by legislative documents of these subjects, in municipalities - by acts of local authorities.

Please note that admission leave is also provided for other reasons:

from an employee and in other cases;
if you have a status.

Duration in the police

For employees of internal affairs bodies Russian Federation additional leave is provided for calls for overtime work.

It can be implemented at the same time as the main vacation or separately at the discretion of the management. If the police officer did not take the opportunity to go on additional rest, then he will be able to take it later at a convenient time by agreement with the employer. It is possible to postpone billable days for the next year.

Duration of additional leave for an irregular day at the Ministry of Internal Affairs:

To persons in leadership positions nai top echelon- 10 days.
Senior management staff - 9.
Persons occupying posts in the rank and file and management - 7.

For employees who entered the service in the Ministry of Internal Affairs in the current year, the duration of leave for an irregular working day is calculated as follows: one-twelfth of the additional rest established in the Labor Code of the Russian Federation is multiplied by the number of months of service of the police officer.

Number of weekends in the budget

The Labor Code approved a list of professions that can qualify for additional rest in the event of irregular working hours, as well as its duration.

The number of additional paid days off provided for the Ministry of Foreign Affairs and diplomatic consulates:

Also, for individual employees in the budget, additional paid leave is provided:

For the heads of state forensic institutions - 7 days.
For employees of bodies for control over the turnover drugs and psychotropic substances the minimum duration of additional rest is determined - 3 days, but the Labor Code establishes that the maximum amount of processing per year is no more than 120 hours and no more than 4 hours for 2 days in a row.
Depending on the position held for employees of the pension fund, the duration of additional rest is determined from 3 to 14 days.

Also, other employees of the budget can count on additional vacation time if there is an irregular working day.

The number of vacation days for civil servants is detailed.

In healthcare

Duration of rest medical professionals depends on the position they hold. All health workers are entitled to leave of 6 or 12 days for irregular working conditions.

Employees medical organizations, obstetricians, pediatricians, gynecologists can take 12 days off, and dentists, nurses and workers in the field social security total 6 calendar days.

In addition, medical personnel have the right to claim additional paid days for other reasons -.

Municipal employees

For workers municipal institutions the minimum duration of additional rest in case of irregular working day is indicated - 3 cal.d.

The duration of the vacation is determined by the employer in accordance with the internal collective agreement.

The position of a municipal employee affects the duration of rest for irregular conditions, on average for top managers it is about 8 calendar days, and for ordinary workers - 4.

Procedure for providing

In order to receive additional paid leave, the employee's employment contract must indicate that he is working under conditions of irregular work hours, and the number of paid days provided must also be spelled out.

Staff members are entitled to paid weekends under this agreement.

Part-time workers who have more than one place of earning money, vacations on the main and part-time jobs are provided at a time.

If the duration of the additional periods differs, the employee has the right to equalize it by cutting his salary. On the provision of vacation time to part-time workers.

People combining several positions are not provided with additional rest days. For an overfulfilled amount of work, the employer makes them an additional payment.

The company does not have the right to cancel or reduce the employee's additional vacation specified in the employment contract. For violation of working conditions, the company will have to pay a fine.

On the basis of the application, vacation pay is drawn up, accrued, the time sheet and personal T-2 card are filled in.

Calculation of vacation pay

Workers with irregular work schedule additional ones are laid. Their size depends on the average earnings during the year.

The calculation of the amount of vacation pay is as follows:

The amount earned by the employee for the year is calculated.
The number of months worked is established.
The calculation of the number of days worked, including partially worked, is carried out.
The average daily earnings are calculated.
Vacation pay is calculated based on the duration.

Example

Example conditions:

Ivanova O.A. works as an employee of a pension fund with an irregular schedule, her additional vacation lasts 7 days.

The total earnings for the year amounted to 480,000.

It has been fully completed for 11 months.

The employee took one sick leave for 9 days in October, that is, 22 days were worked for this month.

Calculation of additional vacation pay for an irregular day:

Let's calculate the number of days worked per year = 29.3 * 11 + 22 * 29.3 / 31 = 343.09. Here, established by the Labor Code of the Russian Federation.
We calculate the average daily earnings = 480,000 / 343.09 = 1399.05.
Vacation = 1399.05 * 7 = 9793.35.

If the employer provides the employee with vacation for an incomplete year, then the duration of the vacation time is calculated as follows: the twelfth part of the additional rest specified in the Labor Code of the Russian Federation is multiplied by the number of months worked. The resulting number is also multiplied by the average daily earnings.

Is it possible to replace with compensation?

An employee with irregular working hours has the right, instead of a vacation, to demand from the employer monetary compensation in the amount of additional vacation pay.

To do this, he must write an appropriate one about replacing additional days off with money and about refusing to go on vacation.

The company will be forced to refuse if the employee:

pregnant;
minor.

Payment of compensation is carried out on the basis of the head.

Upon termination of the employment contract, the employee has the right to receive money for all unused vacation days, both for the main part of the rest, and for an additional one. You do not need to draw up any documents to receive.

Useful video

For the provision of additional leave for irregular working hours and the number of prescribed days, see the video:

conclusions

Every employee who may be assigned more than usual by the company is entitled to additional vacation time. For refusing to provide it or shortening its duration, the company faces a fine of up to 50,000 rubles.

The procedure for providing and the duration must necessarily be stipulated in the internal documentation or an employment contract with an employee.

The very fact of the existence of irregular working conditions should also be spelled out in the employment agreement with the employee.

Additional leave for irregular working hours is granted to employees working in this mode as compensation for overwork. The concept of irregular work, delimitation from overtime work, the duration of rest, the conditions for its provision and the procedure for registration are discussed in our article.

The concept of irregular working hours, differences from overtime work

Note! Labor legislation determines that irregular work hours presuppose the ability of the employer to periodically involve employees in performing labor functions outside the working day.

Like overtime work, this regime aims to legalize overtime. Moreover, most employers choose it because of the following:

As a general rule, overtime work requires the consent of the person. And on the contrary, an irregular regime, if it is correctly established by the employer, does not imply the receipt of the employee's consent every time, which Rostrud noted in a letter dated June 25, 2012 No. 929-6-1.
In Art. 99 of the Labor Code of the Russian Federation clearly sets out the maximum duration of overtime work. The law does not contain the maximum amount of processing with an irregular working day.
As compensation for overtime work, a monetary remuneration or, if the employee wishes, his replacement is entitled extra days recreation. In case of irregular work, higher wages are not provided as an alternative. Vacation only provided.

Important! With an irregular schedule, processing can take place at any time - both before and after the working day. In any case, it is mandatory for employees. For violation of such a regime, they bear disciplinary responsibility.

The order of the head about the need for additional work on a specific day can be made both in writing and orally.

The procedure for introducing an irregular regime and accounting for the operating time

The law does not stipulate the list of professions, positions in which working hours can be irregular, leaving the decision of this issue at the discretion of the employer.

The list is developed taking into account the needs of the company. It includes those employees whose need to attract outside of working hours is likely, after which it is fixed in a collective agreement or a local act, for example, labor regulations.

Note! In the local act, in addition to the list of positions, compensation for each subject should be established - the number of days of additional rest for an irregular working day (single or differentiated).

Important! The condition of irregular work and compensation associated with it is necessarily reflected in employment contracts relevant persons, additional agreements to the contract, if previously hired employees are transferred to irregular working hours.

Each employee, newly hired or already employed, must be familiar with local act containing information about irregular working hours in the organization.

Due to the fact that the duration of overtime does not affect the remuneration and compensation of the employee, it is controversial whether it is necessary to fix such hours in the timesheet, which takes into account working hours.

It is believed that the reflection of the relevant information is not required. However, Art. 91 of the Labor Code of the Russian Federation speaks of the employer's obligation to take into account any actually worked hours, therefore it is still recommended to include this information in the timesheet or a separate accounting document.

Subjects eligible for additional leave

All persons whose positions are listed in a local act establishing irregular working hours for certain categories of employees are eligible for additional leave for irregular working hours.

Note! The peculiarity of the implementation of the right to the said vacation is the obligation of the employer to provide it to any person from the list, regardless of whether or not he has overtime and their duration.

Output! Thus, even if a specific employee whose position is on the list has never been involved in additional labor activity, his right to a paid vacation remains. As noted by Rostrud in a letter dated May 24, 2012 No. PG / 3841-6-1, in appropriate cases, only the fact of the establishment of an irregular regime is important.

Is it possible to replace vacation with compensation

As for the replacement of additional leave for an irregular working day with a cash payment under Art. 126 of the Labor Code of the Russian Federation, the law directly provides for the possibility of such a replacement only in relation to work in harmful conditions. However, in the general sense of Art. 126 of the Labor Code of the Russian Federation, any part of the annual leave in excess of 28 days can be replaced by material compensation.

Note! Due to the fact that, by its nature, additional leave is part of the main one, it can be concluded that it is legitimate to replace it with monetary compensation, except for cases when the employee belongs to persons in respect of whom the legislator has established a direct prohibition on this in Art. 126 of the Labor Code of the Russian Federation.

Important! Such a replacement is permissible only if there is an appropriate initiative on the part of the employee.

Duration of additional leave

Note! The legislator has designated only the lower limit of the period of additional leave for an irregular working day - 3 days. The duration of the specified period is determined by each employer himself, taking into account the minimum. It must be fixed in a collective agreement or a local act.

Although the maximum vacation is not imperatively established by the Labor Code of the Russian Federation, there is a point of view according to which employers should take into account the rules "On regular and additional vacations", approved by the National Committee of the USSR dated 04/30/1930 No. 169, where 12 workers were indicated as the maximum duration for irregular work (14 calendar days.

In practice, the question often arises: is it possible to postpone additional leave for irregular working hours for a year in advance? For example, similar leave for workers in harmful conditions is not carried over.

Due to the fact that the additional leave acts as an integral part of the main one, it remains with the subject, even if he did not use it in the current year. Accordingly, it is transferred under Art. 124 of the Labor Code of the Russian Federation.

If an employee employed in an irregular regime leaves without completing a full year, and he should be paid compensation for the accumulated days of additional rest, the calculation is made in proportion to the time of work (clause 28 of Regulation No. 169).

The number of days due in accordance with the local act is divided by 12, after which the resulting number is multiplied by the number of months worked. The resulting number of days is subject to compensation.

Rules for registration of additional leave

Additional leave for irregular working days is drawn up according to the same rules as the main one, to which the corresponding number of days is added.

The total amount of annual leave must be included in the vacation schedule, subject to approval no later than December 17 of the previous year.

There is no need to draw up a vacation application, unless the employee took up the position after the approval of the general schedule and this is the procedure used for these situations in a particular company.

Based on the schedule or application, the employer prepares an order according to which the employee is granted vacation.

Important! The employer should not forget about the obligation to notify the employee about the upcoming vacation 2 weeks before its start, as well as pay vacation pay no later than 3 days before the same date.

Payment for additional leave for irregular working hours is calculated in the same manner as the amount for the main vacation, and depends on the average earnings.

Note! If holidays fell on the vacation period, they are not taken into account in the vacation period and are carried over to the future.

When it comes to obtaining additional leave for irregular working hours in federal institutions, it is necessary to take into account the rules approved by the RF Government decree of 11.12.2002 No. 884, in the institutions of the constituent entity of the Federation or municipal - the provisions of the acts of the corresponding level.

The provision of additional leave for irregular working hours acts as compensation for employees whose work schedule suggests the possibility of a delay or a call at the request of management outside of working hours. The law specifies only the lower limit of the duration of such a rest period. Its definition is left to the discretion of the organization. The procedure for issuing additional leave is the same as for the main one.