We talked about such working hours as irregular working hours in ours and noted that the employer who established this working hours is obliged to provide employees with additional leave. What is the duration of the add-on? holidays for irregular working hours?
Who is entitled to leave for irregular working hours?
The Labor Code of the Russian Federation provides that annual additional paid leave for irregular working hours is due to employees who have such a special work schedule (Part 1 of Article 116 of the Labor Code of the Russian Federation).
Therefore, if an employee’s position is included in the list of positions for which, in accordance with a collective agreement, agreement or local regulation, an irregular working day is established, and employment contract a condition is established regarding irregular work hours; additional leave must be provided to such an employee.
Duration of additional permit and procedure for its provision
Minimum duration additional paid leave for employees with irregular working hours is 3 calendar days. However, a collective agreement or the employer’s internal labor regulations may provide for the provision of additional permission and longer duration(Part 1 of Article 119 of the Labor Code of the Russian Federation).
In this case, the time of actual work under irregular working hours does not matter. It is impossible to calculate additional leave in proportion to the time of actual work under irregular working hours (Letter of Rostrud dated May 24, 2012 No. PG/3841-6-1). Therefore, even if the employer establishes in its local regulations the condition that the duration of leave for an irregular working day is calculated in proportion to the time worked, this will be illegal (clause 3 of the Letter of the Ministry of Labor dated August 18, 2017 No. 14-2/B-761).
We remind you that the procedure for calculating the average salary for calculating additional leave is similar to the procedure provided for “regular” leave (Articles 114, 139 of the Labor Code of the Russian Federation, Government Resolution No. 922 of December 24, 2007).
Additional allowance for irregular working hours is summed up with the annual basic paid leave and is provided together with it, unless the employee and employer have agreed on other terms (
Additional leave for irregular working hoursis one of the ways in which the employer “softens” the working conditions of specialists who periodically work late (and sometimes on weekends). Since this is not the good will of the company, but an obligation established by the Labor Code of the Russian Federation, it is important for companies to understand which employees they should provide additional benefits. vacation, as well as what determines the duration of such vacation. Similar questions concern specialists who plan to work in abnormal conditions.
Who is granted 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 for employees whose working day is not strictly defined by any time frame, the employer company must, in addition to the standard annual leave, provide several 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 install for its specialists irregular schedule, is the composition of persons to whom the legislator allows such a schedule to be introduced in principle. The Labor Code of the Russian Federation does not establish a special list of such positions/professions. However, at the same time, it prescribes that the company must approve a specific list of these persons. It can be approved, for example, by a collective agreement, a separate internal agreement or some other internal normative document(Article 101 of the Labor Code of the Russian Federation).
Important! An employee must remember that if he is invited to a position that requires periodic overtime, then his employment contract with the company must contain a clause on irregular hours (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 in overtime work if there is a production need (Article 119). This means that before including any position at an enterprise in the list with an irregular schedule, it is necessary to have a justification that the work function performed by a specialist cannot exclude the occurrence of tasks that will require spending some time outside the standard working hours.
The employee also should not forget that, as follows from Art. 119 of the Labor Code of the Russian Federation, an irregular schedule is episodic work, which means that a company does not have the right to regularly force an employee to work late, even if there is a justified reason for this.
Please 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 involvement (with the written consent of a specialist, while with an irregular schedule, such employee consent is not required).
Procedure and rules for granting leave for irregular working hours
So, as mentioned above, specialists who hold a position with an irregular schedule can count on additional leave for irregular working hours (according to the company’s internal documents).
But here the question arises regarding the duration of such leave. Namely, in Art. 119 of the Labor Code of the Russian Federation, the legislator established the minimum amount of vacation - 3 calendar days. Consequently, a company can provide for a longer period in an internal document (for example, in a collective agreement). additional leave for irregular working hours.
Please pay attention! The company can set its own additional duration for each individual position that requires working on an irregular schedule. vacation.
But how exactly for each individual specialist should the company calculate the number of days of additional leave due to him for irregular working hours? After all, for example, standard annual leave, as well as leave for hazardous work conditions, are provided in proportion to the number of days actually worked by a specialist in the company (for leave for hazardous work conditions - 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 does not contain any explanations in this regard. 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, in its internal document, correlates with a non-fixed working day. The legislator does not provide for the condition that the amount of leave provided corresponds to the number of days actually worked according to an irregular schedule (letter of Rostrud dated May 24, 2012 No. PG/3841-6-1).
Therefore, any specialist for whom, by virtue of the company’s internal regulations (and his employment contract), has an unfixed work schedule, must receive additional leave for an irregular working day in full size, which the employer established for him, even if in fact the employee never stayed late at work.
Compensation instead of additional vacations
In practice, employees often ask for additional information instead. vacation and monetary compensation. In this regard, some companies, trying to avoid paperwork, are considering the option of setting out in the company’s internal document a rule according to which an employee who works irregular hours, instead of additional. default leave will be paid a certain amount of money. Is it possible to do this?
The Labor Code of the Russian Federation does not directly prohibit doing this. But, at the same time, in Art. 128 of the Labor Code of the Russian Federation, the legislator prescribed that replacing part annual leave which exceeds 28 days, the employer must if it receives a corresponding application from the employee. And since additional leave for irregular working hours has an annual frequency, it seems that the need to have an application from a specialist extends to such additional leave. vacation.
Please pay attention! If the company nevertheless decides to provide compensation in an internal document instead of additional. vacation, then she should be prepared for a possible administrative fine. After all, the right to additional vacation is a guarantee for an employee’s occasional overtime, which allows him to recuperate. Therefore, the lack of opportunity to go into extra. vacation 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 under Art. 5.27 Code of Administrative Offenses of the Russian Federation.
Paid leave for irregular working hours for certain categories of employees
A separate and often pressing question for companies is the following: is there a need to provide additional leave for irregular working hours to those specialists who work for the company under any special conditions (for example, are part-time workers or work on a rotational basis)?
Let's start with part-time workers. They, by 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 in a month, for example, if the “standard” working time is 176 hours, then they can only work 88 hours part-time, i.e. i.e. no more than half (Article 284 of the Labor Code of the Russian Federation).
Working on an irregular schedule, as already indicated, involves the occasional involvement of a specialist in performing his work function beyond the standard duration of his working day. That is, an irregular schedule 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 Labor Code of the Russian Federation.
Please pay attention! A part-time worker, however, may in some cases work for extra work and full-time work (when the main job does not pay a salary, 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 the occasional involvement of a specialist beyond the standard duration of his working day will coincide with those days when he is released from work at his main place of work.
The courts also note that if a part-time worker has not suspended his work at his main place of work, then in the second company he actually works on a part-time basis, and not on an irregular day (determination of the Supreme Arbitration Court of the Russian Federation dated July 29, 2013 No. VAS-9418/13). Therefore, it seems that if a specialist works part-time in a second job on an irregular schedule, without occasionally suspending 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 working hours is taken into account in aggregate for the entire period (for example, for a month, quarter or year) during which they were at the enterprise and performed their work (summary accounting, Article 104 of the Labor Code of the Russian Federation). It is not possible for the company to determine exactly when such an employee was occasionally involved in connection with production needs. 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. Which means extra. A shift worker is not entitled to leave for an irregular schedule.
Results
Every specialist whom the company has the right to periodically assign 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 only be granted to those specialists whose position, according to the company’s internal document, belongs to the list of positions with non-fixed working hours. In this case, such specialists should be given leave in accordance with in full, regardless of how many days he actually worked overtime, the very fact of working under irregular schedule conditions is important. In addition, some categories of additional workers. vacation is not allowed, since the very involvement of them in work with an unfixed schedule conflicts with the norms of the Labor Code of the Russian Federation (for example, part-time workers, rotation workers).
Each employee working under special conditions has the right to additional leave for irregular working hours. It is provided on the basis of labor legislation.
The Labor Code of the Russian Federation reflects not only the employee’s right to rest beyond the norm, but also the specifics of using leave and formalizing relations between the parties. The law also provides the procedure for calculating compensation payments and calculating payment during a given period.
Violation of the employee’s right to additional leave is excluded. Therefore, the employer must carefully draw up documentation to eliminate controversial issues.
Features of this mode of operation
Irregular working hours provide for the provision of additional leave to the main one. Some employees whose positions are reflected in the right to it have the right. The procedure for granting rest for work beyond the norm is prescribed in Labor Code RF (changes from 02/01/2002).
The provision of leave must be carried out on the basis of the standards established in Decree of the Government of the Russian Federation No. 884 of December 11, 2002. The document contains the main provisions and rules according to which budgetary and commercial organizations must send the employee on additional leave.
An important point is to understand the concept of “irregular working hours”. Article 101 of the Labor Code of the Russian Federation states that this is a special regime of labor activity, during which employees can be involved in work outside the workday. To do this, the employer must create a corresponding order.
The Code provides a clear understanding of the episodic nature of such work. After all, an employee cannot work on a permanent basis in this mode. It is worth remembering that he must fulfill only his own obligations in accordance with.
If a person is involved in more complex or highly paid work, this may be regarded as a violation of his rights.
An important feature of this labor regime is the lack of payment to employees for additional time. Even one-time payments for such work should not be made. Compensation for time spent is expressed in the provision of additional leave, which will be paid legally.
The Labor Code does not contain specific positions for which irregular working hours may be established.
The list must be approved:
- collective agreement;
- labor agreement;
- internal labor regulations.
This rule is reflected in Article 101 of the Labor Code of the Russian Federation. If the position of the employee involved in overtime work is not on the list, overtime work must be paid. Based on Article 152 of the Labor Code of the Russian Federation, in the first two hours the employee receives one and a half times the rate, and the subsequent time - double.
If the employee expresses a desire, the payment can be replaced with additional leave for irregular working hours. The number of days added to the main rest should not be less than the time that the employee worked overtime.
Based on Article 119 of the Labor Code of the Russian Federation, the employer must independently determine the time that is additional leave. The period is prescribed in the collective agreement or local regulations. However, it should not be less than 3 days.
For civil servants
Positions that should be reflected in internal documentation budgetary organizations, are developed legislatively. Providing leave to civil servants (Ministry of Internal Affairs, Ministry of Defense, Ministry of Emergency Situations, government agencies) is regulated by the Decree of the Government of the Russian Federation.
Based on its norms, an irregular working day can be established:
- the head of the institution;
- personnel carrying out business activities;
- technical specialists;
- employees whose work activities are not subject to accurate recording;
- employees who independently plan their working time;
- workers who divide their workday into parts of different lengths.
Legislation only reflects the nature of the work of persons who may be included in the list. Specific positions are established by the employer himself in accordance with various legal sources.
You can focus on qualification directory positions or professional standards. There is no need to take into account the position held. If an employee meets certain criteria, he can expect to receive additional leave for irregular working hours.
The above rules must be followed not only by employees of state budgetary organizations, but also by commercial enterprises, despite the fact that the Resolution does not apply to them. They should create a list of positions in accordance with the division criteria to eliminate the possibility of controversial issues.
Who is entitled to
In accordance with Article 119 of the Labor Code of the Russian Federation, employees who work under irregular working hours have the right to receive additional leave above the norm. An irregular day is defined as a regime in which the employer can involve an employee in work activities outside of his workday.
The rule applies not only to employees who work an eight-hour day. Even if the employment relationship is part-time or short-time, working beyond the norm will be considered irregular.
The law does not reflect restrictions on the application of such a regime. Therefore, all categories of workers, including pregnant women and minors, can be involved in work.
Work activities that go beyond normal work will not be considered overtime or night work. This feature should be taken into account when calculating payments and granting additional leave.
The employee's permission to engage him in irregular work hours is not required. Also, the Trade Union Committee does not give consent.
To confirm work activity outside of normal work, it is important to keep records of hours worked. The rule must be observed, as it is included in Article 91 of the Labor Code of the Russian Federation.
Tracking hours worked is important to prevent employee overtime. Their number does not affect wages. Despite this, it is important to create at the enterprise not only a journal for recording unpaid hours that a person has worked.
Even if an employee is occasionally involved in work after the end of the day, compensation is necessary. In this case, the employee’s annual paid leave is extended by several additional days rest.
How working time is calculated
When establishing irregular working hours in an organization, the employer must take care of recording the working time of such employees. This is important to eliminate overtime that may arise in such conditions.
In practice, special timesheets or journals are used to keep records. Most often, employers resort to using standardized forms of documents.
Can be used for effective tracking computer programs. They have special forms and sections that allow you to quickly organize information.
If during the accounting it is revealed that an employee is overworked, then the employer’s responsibilities include compensation for such labor costs. Therefore, additional leave was introduced by law in conditions of irregular days.
Duration
In accordance with labor legislation, additional leave is provided for irregular days. Its duration is determined by the director and the rules and deadline for submission are included in the internal documentation. It is important to remember that it should not be less than three calendar days.
When determining the duration, it is important to consider:
- amount of additional work;
- degree of worker's workload;
- the nature of the activity performed;
- other conditions.
In addition to the Labor Code of the Russian Federation, the period of additional leave is noted in other legislative documents:
- for employees working in the central office of the Ministry of Finance, additional rest is possible for 8–12 days (based on Order of the Ministry of Finance No. 54);
- employees of the archival service have the right to a vacation of 8–14 days (Order of the Federal Archive No. 138IS);
- special conditions are also provided to representatives of justice in accordance with Order of the Ministry of Justice No. 33.
Additional leave for public sector employees is provided in accordance with certain criteria. Its duration cannot exceed 14 calendar days. Commercial enterprises are not limited by this rule. Therefore, they can provide any number of days to employees for additional rest.
The minimum value is set at 3 days. Personnel services that make calculations are guided by the work schedule. Employees who have worked more days, longer leave is granted.
The procedure for granting additional leave for irregular working hours
At a minimum, an employee working irregular hours has the right to count on three additional days. But when drawing up a collective agreement in an institution, a longer period may be prescribed. The employer has the right to determine the duration of additional leave for each position.
In the Labor Code this issue no comments. The regulatory authorities noted that additional leave is actually already provided to employees who work beyond the norm. But days should not be counted according to those worked.
Based on this, employees whose employment contract provides for an irregular schedule can count on receiving such leave. It does not take into account whether the employee left at the end of the working day to work or not.
For the director
During the course of work, the manager also spends additional time organizing the activities of the enterprise. Therefore, the director is automatically assigned irregular working hours.
In some cases, the working regime is prescribed in the employment contract. This is provided in the absence of a list of positions for employees working under a special regime.
If a clause on irregular working hours is included in the employment contract, the manager is entitled to compensation. It is expressed in the form of additional leave lasting at least three days.
Payment calculation
Payment for additional vacation occurs in the same way as the main one. When calculating, the average daily wages employee. The value is multiplied by the number of days that the employee will be on vacation.
If the employee wishes, unused vacation can be financially compensated. But such a norm is not noted in the Labor Code of the Russian Federation. Therefore, the employer has the right to refuse cash payment and send the employee on vacation.
Cash compensation
Employees often ask for cash benefits instead of vacation. Some enterprises, in order to eliminate controversial issues, introduce a clause in local regulations on compensation for additional vacation with money instead of direct vacation.
The Labor Code does not prohibit such actions. But in accordance with Article 128 of the Labor Code of the Russian Federation, replacing part of the annual paid leave with benefits is possible only at the request of the employee. Additional leave is also considered annual. Therefore, when compensating it with money, it is necessary to obtain an application.
If an organization decides to introduce into its internal documentation rules about replacing vacation with monetary compensation, then it can be held administratively liable. After all, the employee is given rest to recuperate.
If he cannot go into it because of the prescribed order, then a deterioration in his situation can be noted. This is punishable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Does the employer have the right to cancel
In accordance with labor legislation, an employee is entitled to both basic and additional benefits. Therefore, cancellation of one of them at the initiative of the employer is excluded.
The vacation schedule must be approved at the beginning of the year. Based on it, all employees go on vacation at a certain time. Changes to it are not made at the request of management.
Possible only if necessary for production purposes. But the manager must obtain written consent from the employee.
Thus, every employee whose position is included in the list in internal documents has the right to receive additional leave for irregular working hours. The institution cannot refuse to provide it or forcibly postpone the deadline or shorten the duration.
Irregular work schedule is a special order of execution job responsibilities when an employee of an enterprise works beyond the stipulated time standard. This procedure is possible only with the consent of the employee, and hours worked overtime are compensated by the employer in the form of additional days of vacation. To avoid possible problems, company managers and enterprise personnel need to know how, when and who is entitled to additional leave for irregular working hours. Let's look at the key aspects related to this issue.
General provisions
An irregular work schedule does not contradict the norms of labor legislation only in situations where this aspect of the legal relationship between employer and employee is correctly formalized and documented.
The main provisions on this issue are revealed in Art. The Labor Code of the Russian Federation, which states that an irregular work schedule can be established in relation to certain categories of employees of an enterprise who, by order of the manager, can be employed beyond the main working hours. The list of these positions is approved by the management, displayed in the terms of the collective agreement or provided for by the internal charter of the enterprise.
In addition, the possibility of involving an employee in overtime work is necessarily included in the provisions of the employment contract, therefore, a person learns about the need to stay late at work even during employment.
Who is entitled to additional leave?
Here it is necessary to clarify that although the law allows for the possibility of irregular work, the list of professions or positions is not indicated in the Labor Code. Approval of such a list remains at the discretion of the employer, who independently decides which employees will work overtime if production needs require it.
This work procedure may apply to representatives of the following positions:
- company management;
- service personnel;
- employees involved in piecework;
- workers whose schedule cannot be limited by strict time frames.
The final list of employees is approved by the head of the company and secured by the norms of the employment contract.
This graph has a number of nuances. In particular, such a work schedule can only be sporadic, so management cannot leave an employee late every work shift. By the way, the regularity of involvement in work activities in excess of the required hours is also not regulated. Second point: overtime and irregular work are not identical concepts. . In the first case, personnel are involved in performing professional duties on the basis of the terms of the employment contract, so obtaining additional consent is not required. In the second, the employee must agree to work overtime, and the law prohibits more than 120 hours of such work annually.
It follows that irregular work hours can be established in relation to any employee of the company, provided that such a possibility is provided for in an employment contract or other regulatory act. Consequently, for irregular work is also approved by this document.
Important! Additional leave is guaranteed to the employee under any circumstances, even if he has never worked beyond the established hours.
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Duration
The Labor Code article defines only the minimum threshold for additional admission. In particular, an employer cannot establish rest for an irregular work schedule for a period of less than 3 calendar days. The law does not provide for an upper limit, so the maximum length of additional leave is set by the employer.
It should be noted here that the law does not prohibit the installation different durations additional rest for company employees. Here you can be guided by the specifics of your work activity. For example, a dispatcher who takes orders by phone and a worker in a steel rolling shop may work in the same company on an irregular schedule, but they professional activity very different.
To prevent dissatisfaction in the team, the employer can give the dispatcher 5 days of additional leave, and the worker 15 days, and this will not be considered a violation of the law.
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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 charter 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 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. No more than half work part-time standard rate 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.
They go on a separate line internal part-timers- 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.
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, an application is written to clean slate A4 format 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 T6 format form, 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 prerequisite 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 holidays for irregular working hours, it is provided letter designation"OD". 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.
How is payment made?
This is an important factor that worries every employee. Let's consider how additional leave for irregular working hours will be paid.
How much can you expect?
This type of additional rest falls into the category of paid vacations, so the employee is entitled to a certain amount. Calculations are made on general principles, and the specific amount will depend on the average annual earnings and the duration of the vacation.
How calculations are made
There is a certain algorithm at work here, which is applied as follows:
- the total amount of earnings for the billing period is determined;
- the actual number of months worked is displayed;
- the number of days worked is calculated, including for an incomplete month;
- the amount of daily earnings is calculated;
- the amount of vacation payments is calculated.
The calculations are simple and, if desired, each employee can independently calculate the amount that the accounting department should pay him.
Example
Let’s imagine that someone Ivanov works on an irregular schedule, receiving a salary of 30,000 rubles, which gives an annual income of 360,000 rubles. During the calendar year, this employee worked 336 days. If you divide your total income by the amount of time worked, you get a daily income of 1,071 rubles.
Let's assume that Ivanov is entitled to 7 days of additional leave for an irregular schedule, therefore, he will be paid 7,497 rubles.
If the year is not fully worked
In general, the calculation algorithm remains unchanged. The number of months and days worked is also calculated here, and the amount of daily earnings is displayed. After this, the income received is multiplied by the number of days of additional leave, which are provided for by the terms of the employment contract.
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FAQ
Let's look at 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 employee has the right to leave 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 , 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 consent 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 the enterprise takes such a measure, the amount of compensation is calculated according to 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 a cash payment is not provided. 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 legislation.
Watch a video about what an irregular working day is
October 5, 2018, 11:42 March 3, 2019 13:30 
