Looking through the advertisements, we can find sentences with irregular working day. Few people imagine, what it is and what the costs of such a regime. Moreover, even after studying labour law situation becomes clearer.The concept of "long working hours" (NSD) appeared not today or even yesterday. This mode existed in organizations during the Soviet era. Then he meant that man should continue working after the official working day. Modern legislation under irregular schedule understands the special regulations relating to only some employees. The boss has the right to ask a subordinate to linger in the service only in cases of extreme necessity. The phrase "recurring" means that day-to-day demand from nenormala" processing cannot.
If a person with clearly defined normalized working day, the supervisor shall give a written request to work longer, the specialist with NSD may remain in place only by their own initiative. Unfortunately, even after working on the project until the hour of the night, the next morning, he had to come into the office together with all. Otherwise he will receive a rebuke from the manual, if not you will lose the prize. Then no court will say that the employer was not entitled to do so. Still, this does not mean that the chief can cause "irregular" employee of the house a couple hours after the end of the working day or make it free to work on holidays and weekends.
Not Senka hat
All the staff without exception cannot operate in the mode of NSD is the privilege of the employees of certain categories. Who first of all can fall under the hand? Ironically, managers and leading specialists of the company. Not only mere mortals falls "happiness" of the long hours of labor, but also their superiors, as to lay the labour managers in the framework of working time is unrealistic. The same can be said about individuals. For example, if your organization is preparing a new project or the introduction of technical innovations, certainly before putting the whole group and the boss will have to stay in the office.
"Lucky" also includes suppliers, forwarders and consultants. It's impossible to say exactly how long conversation with the client: one immediately subscribe for the whole range, the other after a long conversation and many consultations will go to think. How to measure the operating time data of employees: according to the minutes of negotiations, the number of meetings held and number of concluded agreements?
Candidates for irregular work - people engaged in various activities. Among them are representatives of creative professions: journalists, photographers, artists.
Mode NSD for various specialists to determine in advance, and the list of posts in a mandatory manner prescribed in official documents, whether by collective agreement or internal regulations. If this list is your position does not appear, it means that you referred to the normalized category of mass work. Even if your job description work schedule is called non-normalized, you don't owe anyone anything - the letter of the law "nagasamudra".
There is a caste untouchable employees, of which the head can not get to stay after a day's work for any reason. Among the "beneficiaries" are workers under the age of 18, disabled the first two groups, pregnant women, parents of children up to three years, as well as those whose care is the patient. Reduced, and is not added to the time at work and for employees of hazardous industries and companies with hazardous conditions. Not suitable "manorma" for professionals with a flexible schedule, part-time, recipients of allowances for the difficulty and tension. Does not fit NSD and schedule people working in organizations with special regime., or in companies where we have introduced the calculation of the total work time.
The difference in the reward
It is foolish to set irregular day, whose work it is easy to accounting. When a specialist has been working in the company in excess of time, we are not talking about new religious movements, and overtime. The concept of "svargaloka and nenormirovannogo" is very similar, but the first refers to the working time, and the second is a special mode of operation. So if the employee whose position was not included in the list of employees with NSD forced to stay at an inopportune time, then he's doing overtime. To cause a person to perform duties overtime without his written consent is impossible, but the employee with irregular working day to refuse the proposal of the authorities has no right. Moreover, to exploit sverhurochnih two days in a row can be no more than four hours, but "denormal" though senatui at work. In General, the number of overtime hours should not exceed 120. And if the specialist with NSD delayed until late, obliged the next day to visit the office in the morning, sverhurochnih may linger on the number of hours he worked in excess of the previous evening.
Different pay ordinary and "irregular" employee. For the first couple hours of overtime employee with NSD pay half the salary for the subsequent time - in double. More, less - no. The expert has the right to choose, that it is more profitable: the money or the output. The person running the NSD as compensation relies only additional leave (in addition to the primary 28-day). Before labor laws were allowed to replace the vacation cash compensation similar to overtime, but since last year additional paid leave was required. Officials attribute this to the fact that increased efforts of nenormala" cannot be measured, so to pay adequately too, will not work. But such employee shall be entitled to claim at least three additional output. However, this figure may be longer, if they wish guide. In the budget structures such leave typically ranges from one to two weeks - it's a tradition since 1930, when established rules about ordinary and additional leave. Many commercial firms when deciding on the duration of additional working vacation, come from how often the specialist is delayed after a busy day. As they say, feat and reward.
But are we always happy to rest when he could get the money? It turns out that the position of renormalon enviable and just not call. Overall, the picture is reminiscent of forced labour: and I can not refuse, and money will not give. It is clear that the employment of "irregular" workers more profitable than attracting sverhurochnih. And because these concepts are easily confused and can substitute each other, some companies are doing so.
Know in person
What you need to know when we offer you a position in all parameters attractive and the only dark spot is irregular working hours? In your contract with the organization should be written in the same operating mode as for other employees of the company: not every day you have to stay within the walls of the second home late. About working on weekends and holidays, without additional compensation cannot be and speeches. If your boss say about the need to get in the holiday, your work should be paid as overtime because "denormal" has the right to rest along with all. No one can ask you to perform outside the unusual responsibilities you. After a busy day you can delay for talks with pripozdnivshijsja client, but not for the development of computer programs or assist the son of the Director in the preparation of this report. If we are talking about performing one's duties, there is no new religious movements, and the performance of staff for special tasks. Therefore, and to pay for such work shall otherwise.
No matter when you decide to further work in the morning before the working day or in the evening after graduation. When you want, and then do business. Of course, if the head does not interfere with your plans and do not wish otherwise. If the chef doesn't fit in your schedule and are interested only in the fact that the job was done on time and in full, may, at its sole discretion, to establish the limits of their irregular work day, and schedule of work. And don't forget: every working day of the long hours can not be. Nobody has the right to force you to stay from day to day: sometimes it is occasionally.
Even if from the outset you don't announce that you'll have to stay after work, the likelihood that you will be asked to stay there. Labour legislation dictates that the company inopportune work must be carried out only certain specialists, meanwhile, be asked to do urgent work after 18:00 are almost any. The chef even waste time and paper on the order will not tell all. Keep in mind: if it happens all the time, if your position is not included in the list of renormalon" and in the employment agreement on the need for your delay does not say anything, you are forced to work in excess illegally. So draw your own conclusions. Try to protect yourself - the law is on your side.
Source:
The family site
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