Extra days of vacation for irregular working hours: calculation, procedure for granting, list of positions and professions

The labor legislation of the Russian Federation provides for the possibility of employees of Russian enterprises receiving additional leave for work within the framework of a non-standard schedule. The relevant legal norms regulate the procedure for registration of such legal relations, the specifics of the use of rest days by employees, which are guaranteed by law, as well as the specifics of calculating compensation for additional leave. What is the essence of the legislative preference in question? How can an employee, using additional vacation for a non-standard schedule, combine it with other days of rest?

In what cases is a vacation granted for irregular work?

In accordance with the provisions of the Labor Code of the Russian Federation, employees of Russian enterprises have the right to expect additional vacation days for a non-standardized working day annually. But before we consider their specifics, we will define the notion of an "unregulated working day". Again, based on the norms that are given in the LC RF.

The legislator, which is not standardized, prescribes that those days in which a person can be involved in the performance of labor duties at any time of the day on the initiative of the employer. In this case, irregularity is applied if the employee carries out activities in the part-time or on condition that he has a reduced duration.

In this case, the work performed by the employee is not classified as overtime. Similarly, the non-standardized working day of the LC RF does not allow to be considered as the period of the employee performing his duties on night shift. Both corresponding formats of labor activity are regulated by other norms of the Labor Code of the Russian Federation and require registration through other types of agreements.

Another aspect of the considered format of labor activity is that the employer does not need to receive the consent of the employee to perform the duties in excess of the norm. At the same time, the firm should not coordinate its actions with the union, if the employee enters into it.

The most important condition for the application of a non-standardized working day is the correct accounting of the time of employees performing their functions. Let's consider its features in more detail.

Accounting for working hours for non-standardized schedules

If the employer company establishes an irregular working day for certain employees, the LC RF orders it to make a correct record of the time within which specialists perform their duties. This action is primarily necessary in terms of ensuring the avoidance of reprocessing.

In practice, the recording of working hours with an unregulated schedule is most often done through special time sheets or logbooks. Usually, for these purposes, various unified forms of documents are used. It is common to use computer programs to effectively record the working time at the enterprise. In many cases, the corresponding types of software allow the use of unified forms of documents designed to solve the problem in question.

In the event that the record of working hours shows that one or another employee has reworked his watch, the employer is obligated in one way or another to compensate the specialist for this labor. At the same time, as an appropriate compensation mechanism, just additional vacation days for a non-standard working day can be used. Let's consider what their duration can be.

Duration of additional leave for a non-standard schedule

In accordance with the provisions of the Labor Code, the duration of leave for an irregular working day must be at least 3 calendar days. The specific indicator is determined in the local regulations of the employer firm, issued on the basis of agreements that are concluded with the employees of the enterprise. As a rule, when approving these documents, complexity, intensity of work, and results achieved by specialists are taken into account.

Extra days of vacation for a non-standard working day must be a condition of an employment contract with a specialist. Let us consider this aspect in more detail.

Additional leave in the employment contract

Indeed, the requirements of the Labor Code of the Russian Federation are such that the employing company is obliged to include the condition of additional leave for an irregular working day in the employment contract. In addition, apart from this instruction, the contract must contain wording reflecting information about how many days of vacation for a non-standardized working day the employee will receive. In addition, in the contract it is necessary to record also days of rest of the employee, appointed for other reasons. For example, due to the specific nature of the labor function of a person or due to the peculiarities of the locality in which the specialist works.

In principle, the conditions under which the employee is granted additional vacation days for a non-standard working day can be reflected in the collective agreement. Or, as we noted above, in a local normative act. But in both cases, the employment contract should refer to the relevant provisions.

The most important local normative act of the employer when registering labor relations with specialists working on a non-standard schedule is a document reflecting the list of positions and professions for which the appropriate mode of operation is established. At the same time, how this obligation should be fulfilled in state institutions is regulated by separate federal legal acts. In turn, private companies determine the appropriate list on their own.

The list of posts for an irregular working day in state institutions

So, the list of positions and professions, fixed in the local documents of state organizations, is determined by legislation - in a separate resolution of the Russian government. In accordance with the norms of law approved in it, a non-standard working day may be established:

- for the heads of the organization;

- economic personnel;

- technical specialists;

- employees in positions where the work can not be accurately accounted for;

- employees who themselves plan the time of performance of their work duties;

- professionals who work on a schedule that involves the division of working time into parts with an indefinite duration.

The specific name of a position, fixed in a local normative act, can be determined on the basis of various sources of law. Such as, for example, the qualification guide posts. Or, as an option, the order to approve a professional standard. It does not matter what position the employee takes in terms of ordering the provision of rest days on the schedule in question. If it is a manager, a locksmith or a driver, leave for a non-standardized working day to the employee is guaranteed in full accordance with the LC RF or local regulations.

It should be noted that in the relevant sources issued by the management of the enterprise, the list of positions of employees who work on a non-standard schedule should be formed in any case, even if the firm is private and the actions of the government's orders do not apply to it. Although many specialists, of course, recommend that it be formed taking into account the provisions of the following legal acts. That is, include in this list positions by category, which we reviewed above.

The contents of the act on the list of positions in the normalized working day

It is advisable to reflect in the local normative act approving the list of posts that require performance by staff of non-standardized work, indicators of the duration of the corresponding additional leave in relation to specific positions. In this case, the complexity of the work performed, its labor intensity and other indicators identified by the employer or determined in the process of concluding an agreement between him and a hired employee are taken into account. But for any of the posts listed in the list, the additional leave should not have a duration less than the minimum indicator that is established in the Labor Code of the Russian Federation, namely 3 days.

Let us now consider how, in fact, additional leave is granted for non-standardized work in practice. This procedure is characterized by a number of important nuances, which are useful to pay attention to.

Providing additional leave for a non-standard schedule in practice: nuances

Extra days of vacation for irregular working hours may be provided by the employer company at the same time as the main rest days, as well as other holidays guaranteed by law or by local regulatory enactments. The procedure for their use is determined in accordance with the agreements between the employer and the employee.

For example, the total number of days of rest can be determined by summing up all the holidays that are supposed to be spent for the employee. The corresponding mechanism, therefore, can be fixed to an employment contract or additional agreements to it. The employee must use the leave based on the approved schedule. In this case, the norms of the Labor Code of the Russian Federation governing how employers should provide their employees with additional paid leave for an irregular working day generally operate in the same way that characterizes the use of employees by rest on general grounds.

In particular, in this case, it is necessary to apply the rules of law, according to which the general leave, consisting of those that are provided on different grounds, can be divided into several. However, the duration of each should not be less than 2 weeks.

The right to additional leave for work in the framework of a non-standardized schedule arises in a person, as in the case of ordinary leave, provided that 6 months are worked out in the organization. In some cases, additional rest can be replaced by compensation. Consider this nuance in more detail.

Compensation instead of additional leave

In this case, again, it is legitimate to talk about the application of the general rules of the LC RF. In accordance with them, the payment by the employer of compensations to the employee for the days of vacation that are not used is a right, and not an obligation. Moreover, in some cases the legislation of the Russian Federation establishes a ban on compensation for holidays to certain categories of citizens. In any case, payment for a non-standardized working day in the form of appropriate compensation can be made only if the employee walks away from compulsory leave-28 days a year. In some cases, the employee can legally be guaranteed an even longer period of rest, for example, if he operates in the Far North or in areas that have the status of equated to him.

It should be noted that for residents of the respective regions of the Russian Federation a rule has been established according to which a full or partial combination of annual holidays can be carried out within a period not exceeding 2 working years. In general, citizens who work in the North, in many cases, have the right to expect to leave on different grounds. Therefore, the total length of rest days for these workers usually exceeds what characterizes the labor activity of citizens who work in more southern regions.

Important nuance: if an employee leaves, and he has unused vacation days, including those that are appointed due to the person's work on a non-standard schedule, they must be compensated by the employer.

Features of calculating additional leave

Let's consider now, how it is possible to calculate a vacation for a non-standard working day. Calculation of the duration, as well as the payment of the corresponding period of rest is also governed by the provisions of the LC RF. As in the case of ordinary rest days, the provision of additional leave for an irregular working day is paid by the employer company on the basis of the average salary of the employee. This indicator is calculated by multiplying the average daily earnings of a person by the number of working days within a given calculation period. In the structure of calculations it is necessary to include such indicators as salary, bonuses and allowances.

In turn, if a person wants to replace the right to leave for a non-standardized working day with compensation, then in this case the average earnings are determined by another formula. The total amount of a citizen's salary is taken within the calculation period, after which it is divided into the number of calendar days worked by a person. At the same time, the following indicators are taken into account:

- number of months worked by a specialist in the company;

- The average monthly number of calendar days, which corresponds to 29.4, based on the norms established by the Labor Code of the Russian Federation.

Other variants of calculating the number of calendar days are possible, for example, if any months within the calculation period are not fully worked out by the person. In this case, the working days of the employee may also be taken into account, multiplied by the coefficients defined in the legislation.

Summary

So, we determined how in accordance with the Labor Code of the Russian Federation the employee is granted additional days of vacation for a non-standard working day. The basis for their appointment is the fact of the existence of legal relations between the enterprise and the employee, assuming the fulfillment of the second of their work duties on a schedule that may differ materially from the usual daily schedule and thus reflect the employer's preferences in the organization of work.

The RF TC regulates how employees of Russian enterprises should be granted the leave in question, generally by the same legal principles that characterize the regulation of the provision of other additional holidays, and in many respects the basic ones.

As in the case of ordinary rest days, an employee intending to use them must send an application to the employer. Leave for a non-standardized working day is provided according to a previously approved schedule. Its compensation is carried out in the same way as in the case of other types of additional leave.

Similarly, the calculation of rest days for a non-standard schedule is regulated. This procedure is carried out with the use of indicators of average earnings, which are calculated in determining the payment for rest for a non-standardized schedule, as well as in the case of other types of holidays.

In state institutions, the list of positions where specialists can carry out labor activities within the framework of a non-standardized working day is used that is approved by law. The specific names of these posts may include a qualification reference book or a professional standard.

Conditions for granting leave for irregular work are fixed in contracts, collective agreements or local regulations of the employing company.