Article 119 of the Labor Code of the Russian Federation is not standardized. The right to additional leave for this category of employees

22.05.2020

Official text:

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are granted annual additional paid leave, the duration of which is determined collective agreement or internal labor regulations and which cannot be less than three calendar days.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours are established in the federal public institutions regulatory legal acts of the Government Russian Federation, in state institutions of the subject of the Russian Federation by regulatory legal acts of bodies state power subject of the Russian Federation, in municipal institutions regulatory legal acts of bodies local government.

Lawyer's comment:

Additional leave for employees with irregular working hours is set as compensation for the workload and work outside of normal hours. Workers with irregular working hours are employees with a special mode of work, according to which they can, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them (). In accordance with paragraph 1 of Article 119, employees with irregular working hours are granted additional annual paid leave, the duration of which cannot be less than three calendar days.

The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees. The collective agreement or the internal labor regulations of the employing organization may provide for the duration of additional paid leave with irregular working hours, taking into account the amount of work, the degree of labor intensity, the employee's ability to perform his labor functions outside the normal working hours, etc.

Decree of the Government of the Russian Federation of December 11, 2002 No. 8841, in accordance with Article 119 of the Labor Code, approved the Rules for granting additional annual paid leave to employees with irregular working hours in organizations financed from the federal budget. Specified additional leave is provided to individual employees of organizations financed from the federal budget for working with irregular working hours. It should be borne in mind that the main condition for granting this additional leave is the periodic need for employees to perform their labor functions outside the normal working hours.

It also follows from the approved Rules that the list of positions of workers with irregular working hours who are entitled to additional leave is established by the internal labor regulations or other local regulatory act of the employer. This list includes managerial, technical and economic personnel and other persons whose work cannot be accurately recorded during the working day, persons who distribute working time at their own discretion, as well as persons whose working time is divided into parts of indefinite duration due to the nature of the work.

The duration of additional leave for an irregular working day may not be less than three calendar days. She (duration) relevant posts is established by the internal labor regulations depending on the amount of work, the degree of labor intensity, the employee's ability to perform his labor functions outside the normal working hours and other conditions. At the same time, the employer is obliged to keep records of the time actually worked by each employee in an irregular working day.

These Rules provide that if additional leave for an irregular working day is not provided, processing outside the normal working hours is compensated with the written consent of the employee as overtime work. Since such a rule is excluded from Article 119, it seems that such a procedure, provided for in paragraph 4 of the Rules, cannot be applied, and time worked in excess of the normal length of the working day (shift) should not be kept.

It should be noted that the right to additional leave arises for the employee regardless of the length of work in irregular working hours, and additional leave is added to the annual basic paid leave (including extended), as well as other annual additional paid holidays. In case of transfer or non-use of additional leave, as well as dismissal, the right to the said leave is exercised in the manner established by the labor legislation of the Russian Federation for annual paid holidays.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, and with other sources of budget funding - by the relevant entities (authorities of a constituent entity of the Russian Federation or local governments). In practice, the duration of additional leave for work with irregular working hours is established by the relevant executive authorities.

Additional holidays established by labor legislation should be provided to employees, regardless of whether they are fixed in local regulations. These holidays must be granted in an unconditional manner, determined by legislative acts that established the grounds for their provision and within the duration determined by these acts (Decree of the Presidium of the Armed Forces of the Russian Federation dated January 14, 1998 "Overview judicial practice Supreme Court of the Russian Federation for the second half of 1997).

Payment for additional vacations provided to employees with irregular working hours of employer organizations financed from the budget (federal, subject of the Russian Federation and local government) is made within the limits of the wage fund. Payment for additional vacations provided to employees of other organizations in accordance with the collective agreements adopted by them and other local regulations is made at the expense of own funds organizations (employers).

Vacation is the rest of the employee, provided and paid to him by the organization annually. The right to it is guaranteed to all persons who work under an employment contract. It is enshrined in the main law of the country, the Constitution of the Russian Federation (Article 35, paragraph 5), and is regulated by the Labor Code (Chapter 19). In addition to the main, there are also additional holidays. They have different duration depending on the characteristics of the work.

In the article, we will consider in general and provided for in particular (Article 119 of the Labor Code of the Russian Federation).

Basic and additional leave

So, the main vacation every year is provided to the employee. It lasts 28 days (calendar), excluding holidays. But there are categories of workers who have even longer vacations. These include, for example, persons under the age of 18, for which a duration of 31 days (calendar) is provided.

In addition to the main ones, additional holidays may also be provided, which are also paid by the organization. The law provides for two types of such holidays: one of them is provided in accordance with the Labor Code of the Russian Federation, and the other can be established directly by employers. The last option is discussed at the conclusion of the employment contract.

If an employee receives not only the main annual but also an additional one, then its total duration is added to the additional one.

The duration of both one and the other is not limited. And the holidays that fall on it are not paid.

By agreement of the parties, both holidays can be divided into parts. But, in this case, at least one of the parts must last at least two weeks.

Who is entitled to additional holidays?

The law provides for certain categories to which this type of vacation is entitled:

These are, first of all, those whose work is connected with dangerous and/or harmful conditions.
They also include those who have a special job.
Additional leave also applies to categories of workers with irregular working hours.

In addition, it is provided for:

working in the conditions of the Far North;
traveling to these areas on a rotational basis;
athletes;
coaches;
individual healthcare workers.

For teachers, for every 10 years of teaching without a break, a special rest is provided. The duration of the additional leave in this case may be up to one year.

There are also additional holidays that are stimulating, not compensatory. For example, they can be granted for seniority, for a long time work in one organization and so on. Their conditions and procedure are also spelled out in the law.

Let us briefly dwell on each of these types separately and study in more detail additional leave for irregular working days.

Reason: harmful working conditions

Those employees who are employed in the following hazardous and / or dangerous work can count on additional leave:

underground mining;
open mountain;
others associated with adverse effects on human health through physical, biological, chemical and other factors.

The minimum duration is one week. But, depending on the position that the employee occupies, he can count on vacation from 6 to 36 days (working). Thus, if the number of working days in a month corresponds to a six-day working week, then the additional vacation will have a duration of six days. At the same time, in fact, it corresponds to seven days (calendar), if one also counts one non-working day. In addition, the employer has the right to give more leave to the employee.

Reason: the special nature of the work

family doctors and nurses for working without interruption for more than three years;
maintenance workers in Chechnya and seconded to the republic.

Also, communication and transport workers can be classified as a special nature of work.

Reason: work in the conditions of the COP

The duration of additional leave for persons who work in the Far North is twenty-four days (calendar), and for those working in areas equated to the Far North - 16 days (calendar). The same leave is due for those who go to work in places of the CS on a rotational basis.

For these categories of citizens, if they are thinking about how to calculate vacation days in such a way as to get the maximum duration, they should be guided by Article 322 of the Labor Code, which provides for the combination of annual holidays. The total duration of the leave may not exceed six months. This period also includes the time that is allocated without pay for travel in one direction and the other.

The unused part of the vacation, which exceeded the six-month period, is transferred to the next year.

Rest for part-time workers

The part-time regime implies that the employee performs regular work under an employment contract in his spare time from his main job. Such persons are entitled to annual leave along with the time allocated for their main job. Even if part-time work lasts less than 6 months, leave is provided as an advance payment.

The employee does not have to be puzzled, how to work part-time so that they coincide with the main one. Even if it provides for a shorter duration than at the main job, the employer is obliged to provide the remaining vacation days along with the leave from the main job. True, in this case, those days that exceed the deadline will be considered without pay.

Additional leave for irregular working days

For a general understanding of the issue, let's first understand what an irregular working day is. This is a special regime, according to which employees are involved by order of the management to perform their functions outside the established working hours.

The peculiarity of this mode lies in the fact that the nature of the work implies the impossibility of performing all its functions within the working hours.

A special agreement or local act provides for a list of positions that have this working mode. This document is adopted taking into account the opinion of the trade union, if any.

It should also contain information about this mode, since additional leave for irregular working days refers to Before concluding an appropriate contract, the employee must be familiar with the regulations of a local nature, which contains a list of positions with this mode of operation.

Accounting for irregular working hours does not imply additional payment. The only compensation that is provided in this case is additional leave.

The procedure is regulated in Art. 119 of the Labor Code of the Russian Federation. In accordance with it, additional leave is provided, which lasts at least 3 days (calendar) and is paid. Of course, the employer can offer the employee a longer vacation. But that's up to him now.

If we are talking about providing the specified leave for employees of organizations that receive funding from the budget of the Russian Federation, then its procedure was approved in Decree of the Government of the Russian Federation No. 884 of December 11, 2002. If funding comes from the budget of a constituent entity of the Russian Federation, then the procedure is regulated by the law of the constituent entity, and if from local budget, then an act of compulsory medical insurance.

Additional leave for irregular working days may have a maximum duration. At the very least, this norm of a recommendatory nature is contained in paragraph 8 of the Rules “On Regular and Additional Leaves” of 1930, where the period of this type of leave does not exceed twelve working days. And if we also take into account the article of the Labor Code, which establishes the longest duration of additional leave (fourteen calendar days), then it is clear that it cannot be more.

In addition, when determining the duration of this leave, it is necessary to take into account the general frequency of involving the employee in his labor duties. In rare cases, the vacation will also be short. At the same time, if the employee regularly works in excess of the norm, then the additional leave should also last accordingly.

The right to additional leave for this category of employees

You should be aware that the involvement of an employee in labor duties outside working hours should be reflected in the relevant documents. That is, if necessary, an appropriate order is issued. In practice, it often happens that when the order is not issued, employees are denied additional leave. However, as well as actual processing, they do not deprive the employee of the right to receive additional leave, if this mode of work was originally provided.

Leave not related to work

In addition to these categories of workers, citizens of other specialties also have the right to additional holidays, regardless of what labor duties they are assigned. This category of persons includes those who were exposed to radiation due to tests at the Semipalatinsk test site and the Chernobyl disaster.

All the time, how many days the vacation lasts for them, it is paid from the federal budget.

Registration of additional leave

The leave order is provided in a unified form. But in addition to the order, a note should be prepared to calculate the payroll and other payments when granting annual leave. The employee must receive vacation pay 3 days before the vacation. The personal card also records information that a vacation is provided with a certain period of work, the number of days, dates and grounds for it.

In addition, the mark is made in the report card.

Features of personal income tax

Vacation pay is included in the employee's income. Personal income tax is withheld, as usual. The tax code provides for income that is not subject to this type of tax. However, additional leave is not mentioned in it. Therefore, in this regard, general order, which is maintained even if the employee is engaged in hazardous and / or hazardous work.

But for persons who were exposed to radiation due to tests at the Semipalatinsk test site and the Chernobyl disaster, additional days off are paid. Financing for this is allocated from the budget. Therefore, this amount of payment is not subject to personal income tax.

Contributions and leave additional

For all that lasts, payments are included in the assessment base. Payment is subject to contributions for both the main and additional holidays in the same way.

The exceptions are again those persons who were exposed to radiation at the Semipalatinsk test site and at the site of the Chernobyl disaster. Payments for them are not considered in labor relations.

Payment

It happens that a person for his own reasons does not want to go on vacation. He works a lot, looking for an opportunity to earn extra money, for example, agreeing to work on non-working days (as you know, work on a day off and a non-working day is paid at least at double rates). In addition, if the employee has not exercised his right to additional leave, he may receive compensation. Such payment is made at the expense of the company where it is issued.

The following are taken into account in calculating annual leave:

basic salary;
allowances, additional payments, payment for work on a day off;
payment for past holidays;
disability pay.

one-time payments;
payments for services rendered that were not related to employment.

Thus, instead of the main and additional leave, the employee can receive monetary compensation. At the same time, it must be paid for at least 24 days (calendar).

If the employee quits, then he must also receive compensation for each day of unused vacation.

Full text of Art. 119 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 119 of the Labor Code of the Russian Federation.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours are established in federal state institutions by regulatory legal acts of the Government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation by regulatory legal acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions by regulatory legal acts of local governments .

Commentary on Article 119 of the Labor Code of the Russian Federation

According to part 1 of the commented article, the duration of additional leave for workers with irregular working hours is determined by a collective agreement or internal labor regulations. The legislator has established the minimum duration of such leave - 3 calendar days.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in state institutions are established by regulatory acts of the appropriate level:
- in federal state institutions - by regulatory legal acts of the Government of the Russian Federation;
- in state institutions of a constituent entity of the Russian Federation - by regulatory legal acts of state authorities of a constituent entity of the Russian Federation;
- in municipal institutions - by normative legal acts of local self-government bodies.

Thus, Decree of the Government of the Russian Federation of December 11, 2002 N 884 approved the Rules for granting annual additional paid leave to employees with irregular working hours in federal state institutions. According to these Rules, additional annual paid leave for employees with irregular working hours is granted for work in irregular working hours to certain employees of federal state institutions, if these employees, if necessary, are occasionally involved by order of the employer to perform their labor functions outside the normal working hours. The list of positions of employees with irregular working hours, who are entitled to additional leave, is established by the internal labor regulations or other regulatory act of the institution.

In addition, a number of similar departmental acts have been approved. For example, by order of Rospotrebnadzor dated March 30, 2015 N 251 "On annual additional paid leave for irregular working hours for heads of organizations subordinate to Rospotrebnadzor" for heads of organizations subordinate to Federal Service on supervision in the field of consumer rights protection and human well-being, an annual additional paid leave for an irregular working day of 7 calendar days has been established. Order of the Ministry of Sports of Russia dated July 26, 2013 N 579 "On annual additional paid leave for irregular working hours for heads of federal state budget institutions under the jurisdiction of the Ministry of Sports of the Russian Federation" for the heads of federal state budgetary institutions under the jurisdiction of the Ministry of Sports of the Russian Federation, an annual additional paid leave for an irregular working day of 3 calendar days is established.

Another commentary on Art. 119 Labor Code of the Russian Federation

1. On the concept of an irregular working day and the procedure for establishing a list of positions of employees with an irregular working day, see Art. 101 TC and commentary to it. Additional leave is established for employees with irregular working hours as compensation for overtime during the year.

2. Labor Code establishes only the minimum duration of additional leave for an irregular working day. It cannot be less than three calendar days, regardless of the duration of the actual work in excess of the normal working time. The maximum duration of this additional leave is not established by law. The specific duration of additional leave for employees with irregular working hours is determined by a collective agreement or internal labor regulations.

3. Decree of the Government of the Russian Federation of December 11, 2002 N 884 approved the Rules for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget. These Rules, in particular, state that when establishing the duration of additional leave, the amount of work, the degree of labor intensity, and the ability to perform labor duties outside the normal working hours are taken into account.

Consultations and comments of lawyers on Article 119 of the Labor Code of the Russian Federation

If you still have questions about Article 119 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

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[Labor Code of the Russian Federation] [Chapter 19] ✍ Read comment on article

Employees with irregular working hours are granted annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days. The procedure and conditions for granting annual additional paid leave to employees with irregular working hours are established in federal state institutions by regulatory legal acts of the Government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation by regulatory legal acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions by regulatory legal acts of local governments .

Legal advice under Art. 119 Labor Code of the Russian Federation

Antonina Nikitina

I work at a school irregular work week 48 hours, am I entitled to additional leave?

Alla Zhuravleva

in the labor it is written that the irregular working day is an additional payment of 50% of the tariff rate,. in the labor it is written that the irregular working day is an additional payment of 50% of the tariff rate, and the tariff rate is ridiculous 3.900. but after all, an irregular working day can last no more than until the end of the day of this day, and after it there is a five-day day off. and hence it already falls under work on weekends and holidays. what do you think of it?

Lawyer's response:
remuneration of employees with irregular working hours is carried out in accordance with the conditions established in the employment contract with them. The exception will be cases of involving them to work on weekends and non-working holidays. Payment for such days is made in the amount of at least two tariff rates (Articles 113 and 153 of the Labor Code of the Russian Federation). Money for processing in connection with an irregular working day is not expected. Therefore, labor legislation prescribes additional paid leave for such employees as compensation (Article 119 of the Labor Code of the Russian Federation). Such leave is given to the employee for at least three days (letter of Rostrud dated June 7, 2008 No. 1316-6-1). But you can install it for a longer period. In this matter, the law does not restrict employers. The duration of additional leave and the procedure by which you decide to provide it, fix in the internal labor regulations. Also include in labor contract or an additional agreement thereto.

Evdokia Semenova

What is the difference between overtime work and overtime work and how is it paid?

Lawyer's response:
Firstly, overtime work is work that is performed at the initiative of the employer. The concept of overtime work is given in Article 99 of the Labor Code of the Russian Federation. First of all, this is work that is performed outside the working hours established for the employee. Suppose an organization keeps a daily record of working time. According to the internal labor regulations, the employee works five days a week and rests two days. His working day is eight hours long. In this case, work more than eight hours a day for the employee will be considered overtime. Now how to properly arrange overtime. First of all, there must be an appropriate order or order from the head. But issuing orders is not all. The employee must agree to work overtime, and in writing. This is the requirement of Article 99 of the Labor Code of the Russian Federation. An employee can write a statement or sign an order that he agrees to work overtime. If an employee has an irregular working day, then there is no question of overtime work. Since such a mode of operation initially assumes that, by order of the head, the employee may occasionally be involved in work outside the working day. This is indicated by . Processing in this case is compensated by additional rest time (Article 119 of the Labor Code of the Russian Federation). Processing is not paid.

Ludmila Belyaeva

Are there any documents that regulate the limits of the irregular working day (in time)?

Lawyer's response:

Yaroslav Platonnikov

how to file a claim (application) for damage to the suitcase upon arrival documents on damage were issued at the airport.
- Lawyer's response:
  ________________________________ (name of the carrier) Address _________________________ From whom ________________________ CLAIM for compensation by the air carrier for damages due to damage to baggage and for compensation for non-pecuniary damage "___" ___________ ___ I flew on the route ______________ and carried (a) baggage without a declared value, which confirmed by the ticket and baggage receipt. I paid (a) ____ (_______) rubles for the transportation of baggage. At the destination airport, when I received my baggage, I found (a) damage (damage) _____________________ (indicate what was damaged (damaged)). According to Articles 118 and 119 of the Air Code of the Russian Federation, the carrier is liable for damage (damage) to baggage in the amount of its value, but not more than in the amount of two minimum wages established by federal law per kilogram of baggage weight. My load weighed _____ kilograms. The amount payable for damage (damage) to baggage is _______ (___________) rubles. According to paragraph 3 of Art. 796 of the Civil Code of the Russian Federation, the carrier, along with compensation for the established damage caused by damage (spoilage) of baggage, is obliged to return to me the carriage fee charged for the carriage of damaged (spoiled) baggage. In addition, the actions (inaction) of the carrier caused me the following moral (and / or physical) suffering: ___________________________________ ________________________________________________________________________________, (indicate under what circumstances and by what actions (inaction) they were inflicted, the degree of fault of the carrier, what moral or physical suffering suffered by the passenger ) that I rate _____________________________________________________________. (in what amount or other material form the passenger evaluates their compensation) Based on the foregoing and in accordance with Articles 118, 119 of the Air Code of the Russian Federation, Art. 796 of the Civil Code of the Russian Federation, art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights" I DEMAND: - to reimburse my losses in the amount of _________ (__________) rubles. ; - pay me compensation for non-pecuniary damage in the amount of _________ (__________) rubles. In case of refusal of my legal claim, I reserve the right to apply to the court with a statement of claim for the recovery of damages and for the recovery of compensation for moral damage. And in case of refusal to fulfill my legal requirements for a claim, when satisfying a claim in court for non-compliance with the voluntary procedure for satisfying requirements, a fine will be collected to the state revenue on the basis of paragraph 6 of Art. 13 of the Law of the Russian Federation "On Protection of Consumer Rights". Appendix: 1. Copies of documents in support of the claim.

Evgenia Andreeva

I have an irregular working day and traveling nature of work, how should days off be given? I leave from 7.00 to 21.00 how?

Lawyer's response:
There is no such concept of "time off" in the Labor Code. And there is overtime work, which is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the size. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work instead of increased pay can be compensated by providing additional rest time, but not less than the time worked overtime (). And the fact that irregular working hours are specified in your employment contract does not mean that your schedule should be the norm. An irregular working day is when an employer occasionally engages an employee to perform a labor function (), and an additional vacation of at least 3 calendar days is required for this (Article 119 of the Labor Code of the Russian Federation)

Alena Andreeva

I have been working in the organization for the second year since May, I want to go on vacation in October, how many days can I take

Lawyer's response:
Article 123 trade union organization no later than two weeks before the start of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. Article 124. Extension or postponement of annual paid leave Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases: temporary disability of the employee; performance by an employee during annual paid leave public duties if the labor legislation provides for exemption from work; in other cases provided for by labor legislation, local regulations. If the employee was not timely paid for the annual paid leave or the employee was warned about the start time of this leave later than two weeks before it began, the employer, upon the written application of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee. In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited not to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous conditions labor. Article 125 Recall from vacation By agreement between the employee and the employer, the annual paid vacation can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days. Recall of an employee from vacation is allowed only with his consent. The unused part of the vacation in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year. Employees under the age of eighteen, pregnant women and employees employed in jobs with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Yuri Tolstov

Art. 796 Civil Code

and what's wrong with her! there is such...

Valery Telenkov

What regulation regulates irregular working hours?

Lawyer's response:
Employment contract Employment contract in accordance with articles 57, 101 and 119 of the Labor Code of the Russian Federation Naturally, the main Labor Code of the Russian Federation, which is the NLA, and is specified at the local level of the LNA of the employer, namely the PWTR. List of positions that can...

Alla Dorofeeva

Are there provisions in the Labor Code of the Russian Federation that refer to other regulations about labor?

As much as you want. For example, articles 109,119,139, etc.

Yaroslav Tobolov

Under the Labor Code of the Russian Federation, do I have to attend meetings if my working hours are over? I work in the state structure

Well, if you are an itr and the day is not normalized, then you are obliged. The employer is obliged to demand an explanation only in case of violation labor discipline. If the meeting was held outside working hours, then the employer has no right to dispose of your personal time ...

Anastasia Orlova

Lawyer's response:
There is something about irregular working hours in the Labor Code, but, unfortunately, the NORMS are not clearly spelled out. . Irregular working day Irregular working day is a special mode of work, according to which individual employees may, by order of the employer, if necessary, be EPISODICALLY involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees. The concept of "episodic" is not explained in any way. But the fact that a husband is attracted "both day and night, without lunch and weekends," of course, is not legal. I will add that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation). You can also see the explanations of Rostrud about irregular working hours (letter No. 1316-6-1 of 06/07/2008): http://www.klerk.ru/doc/114630/

Vadim Avrashkov

The question is specific. Not many will be able to answer! Do I fall under this category of workers, according to the Labor Code of the Russian Federation? Labor Code of the Russian Federation Chapter 19 - Holidays Article 119 of the Labor Code of the Russian Federation - Annual additional paid leave for employees with irregular working hours Employees with irregular working hours are granted annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and which cannot be less than three calendar days days. The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from the local budget, local governments. I am an employee of the ADS (emergency dispatch service) housing and communal services. Duty electrician. Working hours: three days. Sometimes a day or two (when one of the 4 electricians is sick or goes on vacation).

A special mode of work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of ... labor inspection

Daniil Karataev

The hospital flatly refuses to issue medical documents testifying to the serious nature of the injuries inflicted on me. The hospital categorically refuses to issue medical documents testifying to the serious nature of the injuries inflicted on me as a result of the robbery committed against me, citing the “complexity of the request” . I am sure that this is done due to the fact that the hospital management is afraid of responsibility - after all, none of the doctors I previously consulted reported to the Internal Affairs Directorate about the violent nature of the injuries inflicted on me as a result of which I received a disability, thereby grossly violating joint Order of the Ministry of Health and Social Development of Russia and the Ministry of Internal Affairs of Russia: “On approval of the Instructions on the procedure for informing medical organizations territorial bodies of the Ministry of Internal Affairs of the Russian Federation on the facts of admission (treatment) of patients in respect of whom there are sufficient grounds to believe that harm to their health was caused as a result of illegal actions» valid from January 9, 1998 to May 17, 2012 in the old edition and from May 17, 2012 in new edition(Ministry of Health and Social Development of the Russian Federation: Order No. 565n dated May 17, 2012). I personally was given copies of all the case histories without any problems, but as soon as it turned out that the doctors grossly violated the above instructions, the hospital began to behave differently ... The next time, with great difficulty, I managed to take from the archive all the same case histories that I had already requested in office of the hospital, and after the originals were requested by the police, the hospital generally fell into a stupor. Despite all the requirements of the district police officer, who conducts an inspection before initiating a criminal case, not a single document was issued. The lack of medical documents is the only reason why the District Authorized Inspector writes me refusals to initiate a criminal case. According to him, he (the district police officer) walks around “arguing” with them. So far to no avail. The case has dragged on for several months. I wanted to know - is the district police officer in such situations obliged to report to the prosecutor's office or other supervisory authority about a gross violation of the legislation of the Russian Federation by the hospital, and not to write me refusals to initiate a criminal case? Can such a circumstance serve as a basis for refusing to initiate a criminal case? If some official does not want to do what he is obliged to do according to the law - justice will not be done? The statute of limitations for the crime committed against me is about to expire. The bill went on for months. Perhaps the hospital will issue the medical documents required by the police, but it will be too late. Crime committed under grave articles of the Criminal Code of the Russian Federation (111 part 2, paragraph “b”, 162 paragraph “c”, 63 (paragraphs “b”, “i”), 162, 68, 66, 119, 34, 33 others) will go unpunished. I myself don’t want to file a complaint with the prosecutor’s office yet, because the same hospital will do a forensic examination for me, and the district police officer may also get angry because the prosecutor’s office will beat him up. Can I make it clear to the district police officer that this is not how things are done. If any government agency does not issue the documents necessary for it to carry out full-fledged procedural actions, then it should not swear with them, but notify the prosecutor’s office of the above violations in order to force the hospital staff responsible for issuing medical documents to give out everything they need or hold them accountable . The question is whether the district police officer is obliged to do this, or if so, is it indicated anywhere in the Criminal Procedure Code or in job descriptions UUP or somewhere else? If so, please tell me where exactly? What article, what code, what instructions? It’s just that he may not heed my words, but I also don’t want to complain about someone once again. The district officer is a newly graduated graduate of the institute and I feel that I am still completely inexperienced. Maybe he needs some guidance. Thanks in advance for your reply.

Lawyer's response:
The district police officer must issue a referral to the court. honey. expertise. and she request documents from the hospital. To decide on the case, you need an expert opinion with a determination of the severity of bodily injuries, and not the documents themselves. And what does the district police officer have to do with it, according to these articles, the material should be with him for a maximum of 10 days, then the investigation should be dealt with.

Kristina Lebedeva

Can I change the amount of child support? I filed for alimony in a fixed amount of money. But the debtor brought an "official" certificate and an employment contract from his employer father, with an income of 2,500 thousand on a part-time basis. They awarded me as required by law, now I receive 500 rubles per month per child. Is it possible to change the amount? after all, this is an infringement of the child, and besides, he has significant property (for example, a car).

Anatoly Chikov

The hold limit depends on the situation. The Labor Code has established three maximum deductions. The most common of these is 20 percent of the salary. It is usually used when collecting amounts owed by an employee to ...

1. Additional leave for employees with irregular working hours is provided as compensation for work outside of normal working hours, i.e. for processing in excess of the normal working hours (on the concept of an irregular working day, see the commentary to Art. 101). The duration of such leave is established in the collective agreement or in the internal labor regulations and cannot be less than 3 calendar days.

2. In accordance with Article 119 of the Labor Code of the Russian Federation, employers themselves have the right to determine the appropriateness of introducing an irregular working day for certain employees. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local normative act, adopted taking into account the opinion of the representative body of employees (see comments to Article 101). The legislator does not establish criteria that characterize the content of the labor function, working conditions or features of its organization, which make it possible to include certain positions in the list of positions with irregular working hours. In practice, irregular working hours are usually set for the heads of organizations, structural divisions, chief and leading specialists. This takes into account the amount of work, the degree of labor intensity, the need to involve an employee holding a particular position in the performance of his labor function outside the normal working hours, and other conditions.

3. The right to additional leave for an employee holding a position that is included in the list of positions with irregular working hours arises regardless of how often the employee is involved in work outside the working hours established for him.

4. The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established in accordance with part 2 of article 119 of the Labor Code of the Russian Federation by the Government of the Russian Federation; in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation; in organizations financed from the local budget - by local governments.

Decree of the Government of the Russian Federation of December 11, 2002 N 884 approved the Rules for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget (SZ RF. 2002. N 51. Art. 5081). In accordance with them, an irregular working day can be established for employees:

a) whose work during the working day cannot be accurately recorded;
b) who distribute working time at their own discretion;
c) the working time of which, according to the nature of the work, is divided into parts of an indefinite duration.

These criteria are borrowed from the Decree of the NCT of the USSR of February 13, 1928 and can be applied taking into account modern conditions and new labor law, incl. taking into account the changes made to legal regulation holidays for irregular working hours federal law dated June 30, 2006 N 90-FZ.