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Changes related to employees with irregular working hours

27.04.2017

The deputies of the State Duma made a proposal to limit overtime work for employees with irregular working hours. In particular, it is planned to establish a rule according to which general rules concerning the beginning and finishing work, time of breaks and release from work on weekends and non-working holidays will apply to employees with an irregular working hours.
    
In addition, it is proposed to establish a ban on working on the basis of  irregular working hours for:

- pregnant women,
- employees under the age of 18 without their written consent,
- employees who are prohibited from working on the basis of  irregular working hours due to medical contraindications.

For employees who work part-time, it is proposed to establish irregular working hours only if these employees are assigned as for part-time working week, but with full working day.

The key proposal is to set the time limit, which can be worked out by the employee on the basis of irregular working hours- 120 hours per year. Time spent beyond this number of hours is suggested to qualify as overtime work with payment of compensation.

It is planned to establish that the duration of the annual additional paid vacation for a non-standard work day can be from 3 to 15 calendar days (currently, the upper limit of this holiday is not defined in labor legislation).

The proposed amendments to Art. 119 of the LC RF intends on introducing a formula for calculating the duration of the annual additional paid vacation for irregular working hours, which can be determined by dividing the time spent outside the established working time in hours per year of work by 8 hours (currently the labor legislation does not establish principles for determining Duration of additional leave).

From the point of view of those who initiated the bill, the adopted changes will be a motivation for employers to improve the efficiency of organizations by optimizing production and management processes and increasing labor productivity. In turn, this should lead to a narrowing of the circle of employees, who work on the basis of irregular working hours.

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