There are professions and positions that require working under special conditions. The special nature of work determines its special regime. Sometimes it is expressed in the form of irregular working hours. The labor legislation of the Russian Federation provides for compensation for this regime by providing the employee with additional paid time for rest.
We will introduce you to the position of the Labor Code of the Russian Federation regarding additional leave for irregular working hours, highlight the nuances of obtaining it, as well as some restrictions regarding this type of rest.
Regime of irregular working hours and its compensation in the articles of the Labor Code of the Russian Federation
Russian legislation provides for a special labor regime for certain types of work and/or categories of workers.
The main provisions of labor regimes are regulated by the current Labor Code, which came into force on February 1, 2002.
In Art. 118 determines that employees of certain categories established by the Government of the Russian Federation are entitled to another annual paid leave for the special nature of their work. These categories are determined by government regulations, as well as Part 2 of Art. 100 Labor Code of the Russian Federation.
Government Decree No. 877 of December 10, 2002 regulates the specifics of work and rest for employees whose work is of a special nature, in particular, it states that all the nuances of this issue are within the competence of the federal executive authorities, and must necessarily be agreed upon with the Ministry healthcare and social development of the Russian Federation.
Budgetary organizations are guided by Decree of the Government of the Russian Federation of December 11, 2002 No. 884 (funds for this leave come from federal budgets). The rules are set by the level of government that finances this vacation:
- self-government bodies, if the money comes from the local budget;
- the corresponding subject of the Russian Federation, whose budget allocates money for additional vacations.
Commercial and other organizations act in this matter on the basis of the Labor Code of the Russian Federation.
Features of providing additional leave
Vacation is a period of annual rest paid by the organization in which the employee works. The right to annual paid leave is one of the fundamental constitutional rights of citizens; it is guaranteed to all persons working under an employment contract (Clause 5 of Article 37 of the Constitution of the Russian Federation), and is regulated by Ch. 19 Labor Code of the Russian Federation. In this article we will talk about additional vacations.
Let us recall that the main paid leave must be provided to the employee annually ( Part 1 of Article 122 of the Labor Code of the Russian Federation ), and its duration is 28 calendar days excluding non-working holidays ( Article 115 of the Labor Code of the Russian Federation ). At the same time, employees of certain categories have the right to extended annual basic leave. For example, employees under the age of 18 are entitled to annual paid leave of at least 31 calendar days ( Article 267 of the Labor Code of the Russian Federation ).
