Astral
November 18, 2021 4980
Accounting and HR
Exceeding the established working hours must be paid. The procedure for paying compensation depends on what working hours are established for the employee. It could be:
- irregular working hours;
- overtime work;
- flexible schedule;
- part-time;
- half-holiday;
- shift work mode.
In order to correctly calculate how irregular working hours are paid, you need to distinguish it from other work modes.
Conditions for granting leave for an irregular schedule
All employees working irregular hours are provided with additional leave, the minimum duration of which is 3 calendar days (Part 1 of Article 101, Part 1 of Article 119 of the Labor Code of the Russian Federation). The employer has the right to provide such employees with longer periods of additional paid rest, stipulating them in its local regulations.
Additional leave for irregular working hours is assigned regardless of length of service and the fact of involvement in work outside the shift (Letters of Rostrud dated May 24, 2012 No. PG/3841-6-1, Ministry of Labor of Russia dated August 18, 2017 No. 14-2/B-761). A worker has the right to it simply by the fact that such a working regime has been assigned to him.
An employee may not use the vacation allotted to him for an irregular working day according to the Labor Code of the Russian Federation and take appropriate monetary compensation instead (Parts 1 and 2 of Article 126 of the Labor Code of the Russian Federation). The specified rest period should be included in the vacation schedule (Article 114, Part 1 of Article 116, Part 1 of Article 123 of the Labor Code of the Russian Federation). The legislation does not specify how to include additional leave for irregular working hours in the schedule. In this regard, it can be attached to the main one, or reflected separately, indicating the period of provision.
The employee must be notified in writing of the upcoming rest period for work outside the normal schedule at least 2 weeks before the start date indicated in the schedule. If an employee needs to reschedule a vacation period or take it out of the planned sequence, he must write a corresponding application. Payment for such rest time is carried out on a general basis 3 calendar days before its start date. Civil servants are also entitled to leave for an irregular working day under similar conditions (Federal Law No. 79-FZ of July 27, 2004).
Rules for calculating payments
To avoid conflict situations, Rostrud agents remind: if an employee performs his or her job duties during non-standard working hours, he is also subject to basic work rules - start and end times of work, a schedule for reporting to the workplace, etc.
These rules do not apply to weekends or holidays. If an employee is called to the workplace at this time, two articles of the General Labor Code come into force - 113 and 153. When going to work at such a time, the employee must receive double payments.
In addition, the employee, at his own discretion, can independently choose the compensation in the form of which payment will be made for irregular working hours on a holiday - double wages or time off. In the second case, the work shift is also compensated, but only in the usual, that is, single, amount.
An employee, at his own discretion, can independently choose the compensation in the form of which payment will be made for irregular working hours on a holiday - double wages or time off.
In addition, specialists from the employment service strongly recommend that employers not abuse cases when employees have to work extra time. If cases are repeated regularly and become the norm, the employee has the right to complain to the labor inspectorate, and the employer may be held accountable.
Procedure for paying compensation for additional leave
Leave compensation for overtime work is paid in the following cases:
- upon dismissal of an employee for days of additional leave not taken off;
- if the employee himself prefers to take the money instead of rest days, writing a corresponding statement to the employer.
Compensation for termination of an employment contract is calculated in the usual manner, based on average earnings for the due calendar days. A similar algorithm is used when replacing additional allowance with a cash payment. The calculation formula is as follows:
However, there are differences in the procedure for determining the number of calendar days due for each case.
Even if an employee works irregular hours, part-time, he is granted annual additional leave on the usual basis.
How are additional permits granted?
In any labor relationship, the fundamental factor is the correctness of registration and legality of the grounds for granting leave. Let's see how this rule works in relation to employees involved in work on an irregular schedule.
Reasons
It was stated above that irregular working hours do not arise spontaneously at the whim of the manager.
This condition is stated in the employment contract, and the collective agreement or local regulatory act of the enterprise approves the list of positions for which such a schedule is established. Rest days are included in the general vacation schedule, which indicates not only the order in which vacations are granted, but also their duration.
For government employees
For federal government employees, the rules for granting annual additional paid leave, approved by Government Decree No. 884 of December 11, 2002, apply.
For employees of state institutions of constituent entities of the Russian Federation and municipal institutions, the conditions for providing additional leave are specified by acts of state authorities and, accordingly, by regulatory legal acts of local governments.
For regular staff
This is the simplest option for providing additional leave. In relation to enterprise personnel, an irregular work schedule, and therefore paid leave, is provided for by the terms of the employment contract.
This document specifies the procedure for providing paid additional leave and its duration.
When working part-time
This employment procedure provides for the option when a person, in addition to his main activity, works part-time in another company.
Part-time workers work no more than half the standard working hours. For example, if such a person works 8 hours at his main place of work, then he will work part-time for no more than 4 hours. Here it is necessary to clarify that part-time workers quite often work longer than 4 hours, and if this happens, the employer is obliged to provide the applicant with additional leave. It should be clarified that part-time workers can combine vacations at their main and additional jobs.
A separate line includes internal part-time workers - specialists who combine different positions at one enterprise during the working day. In this case, the employee is entitled to an increase in his official salary without the provision of additional vacation days.
Important! The fact of part-time work is not considered an irregular work schedule, and therefore does not imply additional leave. This right appears in the case when a part-time worker spends more time at work than provided for by established standards.
What else can you rely on for an irregular regime?
Strictly speaking, additional leave is the only thing that is required for an irregular working day and is guaranteed by the state. All overtime hours ordered by the employer and performed under this regime are not paid. Moreover, the maximum amount of such excess time is not formally limited anywhere in the legislation.
At the same time, the company can independently set an allowance for employees working irregular hours. It must be secured by an internal local act, and also its application must be indicated in the employee’s employment contract or an additional agreement to it.
An example of a possible entry in an employment contract:
“For irregular working hours, the Employee is given a monthly bonus in the amount provided for in clause 4.2.6 of the Regulations on Remuneration (approved by Order No. 4 of October 17, 2020).”
Remuneration for irregular working hours
The individual allowance for irregular working hours is not defined by law. In the form of compensation for such work, the law, as stated above, establishes the provision of additional paid days of rest.
Citizens often confuse irregular working hours and overtime work. The second type of labor is paid to employees during actual overtime in an increased amount, or is compensated by additional rest time, no less than overtime worked (at the request of the employee) (Article 152 of the Labor Code of the Russian Federation). Payment for irregular work is identical to work according to a standard schedule. But, in accordance with Art. According to the Labor Code of the Russian Federation, an organization must keep records of overtime for each employee.
The employer can make various types of additional payments. Their sizes are calculated individually.
Suppose an employee with irregular hours must go to the place of work at night. According to Art. 154 of the Labor Code of the Russian Federation, such work is paid at an increased rate. Art. The Labor Code of the Russian Federation defines night time: from 22-00 to 6-00 hours. The minimum additional payment for this period is 20% of the salary or hourly rate. Accordingly, a citizen working under an irregular work schedule will receive an additional payment.
FAQ
Let us examine a number of issues related to the provision of additional leave for irregular working hours that concern employees and employers.
Is it possible to take additional leave in advance?
According to current legislation, the right to vacation accrues to an employee after six months of work. However, the law allows for basic and additional leave to be taken in advance without having worked the allotted time. This is possible with the consent of the employer, who, by the way, may refuse to provide advance rest.
Please note that advance holidays are not financially profitable. The fact is that when calculating vacation pay, all payments for the period worked are taken into account, including allowances, bonuses and other financial incentives. If leave is provided in advance, only the “bare” salary is taken into account.
If the vacation has not been used previously
If the days have not been used previously, they can be taken off in the current year or at another time as agreed with the company management.
Is it possible to share additional leave?
Labor legislation allows you to combine additional leave with the main one or use the entitlement rest in fractions. To do this, two conditions must be met:
- such practice is possible only by mutual agreement of the parties;
- one of the parts must exceed 14 days in duration.
In addition, both vacations can be transferred to another period.
Replacement of rest with cash payment
You can receive financial compensation only for the part of your vacation that exceeds 28 calendar days. Please note that this will require an application from the employee and the consent of the employer. It is noteworthy that many managers refuse financial compensation, citing the fact that additional leave is necessary for the employee to recuperate.
If the head of an enterprise takes such a measure, the amount of compensation is calculated according to the general principle, similar to vacation payments. Here it is necessary to clarify that for some categories of employees the possibility of replacing additional leave with cash payment is not provided (Parts 1, 3 of Article 126, Part 4 of Article 139 of the Labor Code of the Russian Federation).
These include:
- minor workers under 18 years of age;
- pregnant women;
- employees involved in hazardous industries.
Please note that monetary compensation cannot be paid to the listed employees even on the basis of an application. If an employer takes such a step, he violates labor laws.
Documentation of additional leave
Going on vacation, main or additional, requires a certain procedure and sequence of actions. Paperwork plays an important role in this.
Statement
The basis for granting additional leave is the employee’s application, which is written no later than two weeks before the intended vacation.
The time interval is not set randomly, and is necessary for calculating vacation payments. There are no special forms for writing such statements, but this does not prevent enterprises from approving them in their internal charter. In most cases, the application is written on a blank A4 sheet and contains the following information:
- surname and initials of the head of the company;
- full name of the enterprise;
- surname, initials and position held by the applicant;
- essence of the appeal: provision of additional paid leave indicating the length;
- date of compilation and signature.
Registration by order
Based on the employee’s application, an order is issued to the enterprise to provide paid leave.
This document is filled out on a unified form of format No. T-6 or T-6a, where all available fields are filled in. The employer must familiarize the future vacationer with the order against signature.
Display in the employment contract
This is a mandatory condition of labor relations between an employee of an enterprise and an employer. The procedure for granting leave for an irregular work schedule is displayed in the working time and rest section. This indicates for what period the employee will be able to go on vacation.
How it is reflected in the time sheet
For leaves for irregular working hours, the letter designation “OD” or the number 10 is provided (depending on the use of the method: letter or number).
When filling out the timesheet, it is not necessary to indicate the actual number of hours worked in excess of the main schedule. This is due to the fact that additional leave is provided regardless of the irregular hours worked, and even if the employee worked strictly according to the schedule, the employer is obliged to provide him with additional leave if this condition is provided for in the employment contract.
How to mark in the vacation schedule
A schedule is a kind of table that indicates the total duration of vacation for each employee of the company, including the beginning and end of the vacation, indicating specific dates. A schedule is drawn up in advance, and if the employee postpones his vacation, appropriate adjustments are made to the document.
