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Regarding the restriction of the duration of irregular working hours

18.06.2021

Deputies of the State Duma have developed a bill that provides employees with irregular working hours with additional guarantees.

An irregular working day is 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 their labor functions outside the established working hours for them (Article 101 of the Labor Code of the Russian Federation).

At the same time, the maximum duration of an irregular working day is not limited in any way, and the concepts of "necessity" and "episodicity" of attracting employees to work outside of the working day are estimated.

It is assumed that the length of time that an employee will work outside of their working day (shift) should not exceed 120 hours per year. To ensure compliance with this rule, it is planned to impose a new obligation on employers – to keep accurate records of the time that employees with irregular working hours devote to work in excess of the established norm.

The new rules will not apply to:

• heads of organizations, their branches and representative offices;

• deputy managers;

• chief accountants, as well as members of collective executive bodies of organizations who have concluded employment contracts.

Another innovation is the establishment of the duration of additional leave, depending on the actual time worked outside the working day. The collective agreement or the internal labor regulations will have to establish specific ratios of the total time of overtime and the duration of vacation. At the same time, such leave may not be less than three days.

To date, the duration of additional leave for employees with an irregular work day should be at least three days, and there is no relationship between the duration of leave and the duration of work beyond the working day.

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