When applying for a job, we usually specify the attitude to a non-standardized working day. Wishing to receive this post, we, of course, agree to everything, and then, when the head periodically speaks about the need to stay at work, we can not object to him. And the worst thing in this situation is that the employer does not want to hear about additional payment or leave for an irregular working day.
What is an irregular working day?
Misunderstandings between the employee and the employer are often due to ignorance of what the expression of a non-standardized working day means.
According to the labor code, the working time can not be longer than 40 hours a week, but the employer has the opportunity to periodically (short and not permanently) recruit employees for work outside the schedule of their work schedule. Unlike overtime work, with an unnormal working day, the employee's written consent for each case is not required. There is no time limit for a non-standardized working day, but this phenomenon can only be temporary. In addition, the employer does not have the right to recruit employees for work on holidays and weekends, under the cover of the possibility of a non-standardized working day specified in the employment contract. Also, a non-standardized working day can be established only at the main place of work.
Only those employees whose positions are listed on the list in the collective agreement, the agreement that was made with the participation of representatives of the trade union, are engaged in a non-standardized working day. Those employees whose positions on the list are not listed, the employer has no right to attract to a non-standardized working day. Typically, a non-standard working day is set for the following groups of employees:
- management, economic, technical personnel and those employees whose work can not be accurately accounted for;
- employees who independently allocate working hours;
- employees whose workday is divided into intervals of uncertain duration.
Is it possible to refuse an irregular working day?
The labor code does not say anything about this, but the issue is still controversial, if the company does not have any normative documents confirming the establishment of a non-standardized working day for a number of employees. But it is worth noting that recently the courts have increasingly taken the side of the employer, that is, the employee has little chance to justify his refusal to work on a non-standard schedule. But the employee has the right to choose the time to work - at the end of the working day or before it starts. Payment for irregular working hours
For a non-standardized working day, the employee must be granted leave (additional and paid), and the rest time can not be less than 3 calendar days. The employer must provide this leave every year in accordance with the labor code.
Supplement for a non-standard working day is possible in the following cases:
- If the employee does not use an additional leave. In this case, the employee must write an application for the refusal to use additional days of rest. But not all groups of citizens can give up rest. So, pregnant women and employees under the age of 18 are obliged to rest all their time.
- At dismissal the indemnification of unused leave is made, here also days of the additional holiday, given for work in the conditions of not standardized working day are included.