Work on public holidays labor code. Work on weekends and public holidays labor code. Calculation of surcharge depending on the shift schedule

10.12.2019

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established by the collective agreement or the rules of the internal work schedule. Both days off are provided, as a rule, in a row.

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the rules of internal labor regulations.

Comments to Art. 111 Labor Code of the Russian Federation

1. The employer is obliged to provide all employees with a mandatory weekly rest, the duration of which cannot be less than 42 hours (Article 110 of the Labor Code).

The common day off for both 5- and 6-day working weeks is Sunday. Due to the fact that both days off with a 5-day working week are provided, as a rule, in a row, the second day off in practice, in accordance with the collective agreement or internal labor regulations, is Saturday or Monday.

With the summarized accounting of working time (Article 104 of the Labor Code), days off are provided to employees in such a way as to ensure the norm of the duration of the weekly uninterrupted rest (Article 110 of the Labor Code) on average for the accounting period.

2. With a 5-day working week, employees are provided with 2 days off every calendar week, except for those weeks when, on one of the days off, the shortfall is compensated according to the schedule to the norm of working hours. This occurs when the sum of hours for 5 work shifts is less than the weekly rate. The defect is reimbursed on one of the two days off, which according to the schedule is declared a working day. Usually, the shortfall is paid off as it accumulates during the accounting period.

For all workers, both regular and reduced hours, schedules must maintain an annual balance of working and non-working hours.

The specific duration of the weekly rest is determined by the type of working week and the mode of work. With a 6-day working week, the duration of the weekly rest corresponds to the established minimum.

With a 5-day working week, weekly rest exceeds 42 hours, since workers enjoy 2 days off. If, according to the conditions of production, the provision of 2 days off in a row is impossible, then the second day off of the weekly rest is set in accordance with shift schedules or internal labor regulations.

3. If a day off and a non-working holiday coincide, the day off is automatically transferred to the next working day after the holiday (Article 112 of the Labor Code).

In connection with numerous questions related to the duration of work on a day off, transferred to a working day due to a holiday, the Ministry of Labor of Russia clarified: in cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) should correspond to the length of the working day to which the day off was transferred (Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 "On approval of the clarification" On the duration of work on a day off, transferred due to a holiday to a working day ").

4. Article 262 of the Labor Code provides for the right of one of the parents of children with disabilities to provide, upon his written application, 4 additional paid days off per month, which can be used by one of the named persons or divided by them among themselves at their discretion.

According to the clarification of the Ministry of Labor of Russia and the FSS of the Russian Federation of April 4, 2000 N 3 / 02-18 / 05-2256 "On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for children with disabilities" 4 additional paid days off for caring for children with disabilities and people with disabilities from childhood until they reach the age of 18 are provided in a calendar month to one of the working parents (guardian, trustee) at his request and are issued by order (instruction) of the administration of the organization on the basis of a certificate from the authorities social protection of the population about the disability of the child, indicating that the child is not kept in a specialized children's institution (belonging to any department) at full state support. The working parent also submits a certificate from the other parent's place of work stating that at the time of the application, additional paid days off in the same calendar month have not been used or partially used.

In cases where one of the working parents partially used the specified additional paid days off in a calendar month, the other working parent is provided with the remaining additional paid days off for care in the same calendar month.

Summation of additional paid days off provided for the care of children with disabilities or disabled since childhood, for 2 months. or more is not allowed.

Additional paid days off not used in a calendar month by a working parent (guardian, custodian) due to illness are provided to him in the same calendar month, provided that temporary disability ends in the specified calendar month.

5. On the provision of additional days off for persons combining work with study, see Art. Art. 173, 174 of the Labor Code and comments to them.

6. Women working in countryside, provided at their request 1 additional day off per month without saving wages(Article 262 of the Labor Code).

7. Employees on a business trip use weekly rest days at the place of business trip, and not upon returning from it, because they are subject to the working hours and rest time of the organization that sent them. The exception is cases when, by order of the employer, the employee goes on a business trip on a day off; then he is given another day of rest upon his return from it.

In practice, this procedure is also applied in cases of going on a business trip by order of the employer on a holiday non-working day.

8. In organizations where work cannot be interrupted due to the need to serve the population (shops, consumer services, theaters, museums, etc.), days off are set by local governments. With the summarized accounting of working time, the weekly rest time is also summarized and provided on average for the accounting period.

9. An additional monthly day off may be granted without pay on a written application to one of the parents (guardian, trustee, foster parent) working in the Far North and equivalent areas with children under the age of 16 years.

The company's desire for financial prosperity in modern business conditions, unfortunately, is not always consistent with the calendar. Therefore, management is forced to periodically call employees to work on unspecified days. And since for an extracurricular invitation to production, the authorities will need the consent of the employee himself, not the last argument in the conversation will be the thesis that he expects increased pay for work on weekends or holidays.

Work on a day off according to the Labor Code of the Russian Federation

The right of a working person to sleep longer on a weekend or a holiday and not think about the affairs of the enterprise protects. It allows the employer to disturb employees only in extraordinary cases:

Carrying out measures to prevent or mitigate the consequences of accidents and disasters.
Implementation of measures to prevent accidents and property damage.
Work in connection with the declaration of martial law or emergency situations, including natural disasters.
With the consent of the employees themselves, by written order of the head.

But even in this case, there are categories of workers who may not worry that their weekend plans will be violated. Under no circumstances will an employer be able to call pregnant women (Article 259 of the Labor Code) and minors (Article 268 of the Labor Code) to overtime work, even if they have expressed their readiness to take up their duties at any time.

Working conditions on weekends and holidays

In order to be able to meet with team members on rest days, you need not only to find a good reason, but also to get a positive response from each of those invited to work on weekends and holidays, certified by his own handwritten signature. But this is not the only obstacle that can stand in the way of an employer who decides that the holidays can wait:

Reason for working weekends	Employee category	Necessary working conditions on weekends according to the Labor Code
Recruitment is driven by the desire of management		The consent of each individual specialist. Additionally, you also need to ask the trade union if it is organized at the enterprise.
		In addition to confirming a positive response to the offer to work, you also need to look into the personal file and make sure that the employee has no medical contraindications for such work. In addition, the consent of the trade union will be mandatory. It is also better to get a separate receipt stating that the employee knew about his right not to go to work on the weekend.
		No way. Having allowed such colleagues to work, the employer will then not be able to defend himself or “unsubscribe” from the inspectors.
Emergencies listed in Art. 113 TK	Adult employees without any "special" statuses	The employee will not even be asked for consent. But to confirm emergency circumstances, serious documentary support and evidence of “emergency” will be required, for example, a certificate from the Chamber of Commerce and Industry of the Russian Federation.
	Disabled people and parents with young children	Written agreement. Union opinion. medical clearance
	Pregnant women and minors	The employer has no reasons or documentary grounds to call them.

Separately, it must be said that obtaining the consent of the employee, set out on paper and sealed with a personal signature, may not be enough. After all, not every employee really correctly assesses the state of affairs at the enterprise and the onset of those unfavorable circumstances that threaten the safety of production and its performance. Any arguments given by the employer to justify the need for an extraordinary return to work must be valid and documented (a document from the Chamber of Commerce or an accident investigation report).

In most cases, engaging in work on legal rest days will require the written consent of the employee, Art. 113 TK.

Indeed, later a situation may arise when the employee deceived by the employer finds out that the circumstances were not so catastrophic, and there was no threat to production either, and the boss simply took advantage of the employee's responsiveness. In this case, the employee will have every reason to contact the labor inspectorate and initiate an inspection. The consequences for the enterprise will depend on what supporting papers it can present.

How are you paid for working on a day off?

The norm of Article 153 of the Labor Code is called upon to help negotiate with the employee about an unexpected return to work. It is she who establishes the minimum financial guarantees for conscientious and trouble-free employees. The law says that the payment for work on weekends in 2019 will not be less than double the usual rate for a particular enterprise. The very size of this rate and the method of its calculation are the prerogative of the enterprise. Usually, this technique is developed and fixed in the collective agreement, but this can also be done in a separate order ().

Minimum size additional payment for work on holidays and weekends will be 100% of the regular rate specified in employment contract, Art. 153 TK . It also says that the employer has the right to set a higher rate. The method of payment directly depends on the chosen payroll system.

At fixed salary

With the most common salary system, it is customary to calculate the average daily or average hourly rate based on the static salary figure and the norm of hours of work. A feature of this calculation can be considered that the amount of payment can greatly depend on what standard of working time will be taken as a basis. For example, when working on weekends in May and August 2017, pay can be very different:

Salary - 30,000 rubles / month

It is worth noting that the state has not set a period for calculating the “average”, so both options will become legal: both within a month and within a year. But the most fair in relation to employees will still be the method of calculation according to annual rate. Thus, the employer is unlikely to achieve savings in the salary of employees, but can significantly reduce the likelihood of disputes between them. After all, there will be much more applicants for working out in May than in August.

On the "piecework"

Payment for work on a day off according to "piecework" will also be different for everyone who went to work on a day off. Here, the dependence is directly proportional to the output, no matter what it is expressed in (the number of products or parts, the volume of output, or the number of customers served). The amount accrued, based on the output, should also be multiplied by two.

At daily or hourly rate

The most simple and understandable for both parties labor relations payroll scheme at daily or hourly rates. Their size is indicated in the employment contract, and the employee is well aware that at a daily rate (for 8 hours) of 2,000 rubles, he will receive 4,000 rubles for conscientious work on a holiday.

It will be more difficult to calculate in the case of round-the-clock operation of the enterprise. Indeed, in this case, only part of the shift may fall on the weekend (from 0 to 24 hours). Here, care will be required from the timekeeper, who enters the data into the T-13 form. At the same time, one should not forget about the surcharge for night time. To the hours spent at work from 22.00 to 6.00 in the morning, at least another 20% of the rate should be added, art. 154 TK . However, contrary to the dreams of workers, 20% will be calculated from a single rate. It will turn out something like this:

Hourly rate - 200 rubles.

On a holiday worked from 12.00 to 24.00

Payment for extracurricular activities 12*200*2+2*200*0.2= 4880.00 rubles.

Extra rest

The Code reserves the right for the employee to choose the method of compensation for the day off spent in the interests of the employer. According to the rules of Art. 153 of the Labor Code, he can independently choose double pay or time off.

Not every employee is ready to sacrifice his free day and communication with his family on holidays in order to get paid for work on a day off. Many tend to choose time off instead of money. This possibility is provided for by Article 153 of the Labor Code. It is better to choose a method of such compensation before an order is issued, then it will be more correct to coordinate a specific day of rest for work on a day off according to the calendar.

As often happens in cases of practical application of the provisions of legislative acts, in real life there is a conflict between the parties. The point is that Art. 153 of the Labor Code indicates that choosing a day off for work on a day off is the unconditional right of the employee, but nowhere is there an indication that he is free to determine its date without agreement with the employer. It is, first of all, the employee himself who is interested in reaching an agreement on this issue and fixing it in an order or other document. After all, absenteeism workplace on a day determined by the employee independently, it can be qualified as absenteeism.

For those who agree to a simple transfer of the day of rest to another date, information on the method of payment for work on a day off according to the Labor Code in such a situation will become relevant. The employee will no longer receive a double rate. The employer will be required to pay the actual number of hours worked at a single rate. A positive moment for an employee may be that he can take a full day off, even if he was called on a holiday for only a couple of hours.

In addition, the employee must understand that the legislator did not give the employer the right to compensate for the lost day off exclusively with time off. Only the worker has the right to choose between remuneration or replacement with another day of rest. In fact, the authorities may verbally insist on going to work for the day off. An employee can take such a step only on a voluntary basis; it is illegal to force him to refuse the monetary equivalent.

Registration procedure

The need to gather a team or individual colleagues on holidays or legal rest should be dictated by a really serious occasion or incident. From this moment, the procedure for applying for employment on a day off begins:

Memorandum describing the circumstances or reasoning for the urgency of the work.
Familiarization with its content of those employees who are planned to be involved.
Obtaining written consent or refusal. In cases of emergencies, accidents or disasters, confirmation of the desire to work should be obtained only from “special” employees whose health status may be in doubt, Art. 113 TK.
Publication of the order on work on the day off. In addition to the date and time, it indicates the method and amount of compensation for ruined vacation (money or time off).
Familiarization with the order not only for specialists who will come to work on weekends, but also for those who are obliged to ensure the safety of work, the material base, if necessary, as well as accounting for time and payment.
Instruction on safety and labor protection in connection with after-hours work or non-standard features of the conditions for its performance.
Recording and payment of hours worked.
Issuance of an order on the time of transferring the rest, for those employees who refused monetary compensation.

In the process of registration, a few more points may be added, for example, on the issuance of a work order for work in extra time or another document. Everything will depend on the nuances of production processes, as well as on the regulations approved by the enterprise itself.

The main documents to ensure the legality of labor in non-working days will be the consent of the employees involved and a detailed order on the need for work and the method of payment.

Sample letter of consent to work on a day off

Since natural disasters and catastrophes, fortunately, are less common than other unforeseen situations, the main document that gives impetus to the start of substantive planning of work on weekends can be considered the written consent of employees to involve them in it.

From the point of view of security during an inspection or conflict, it is better for HR officers to prepare a consent statement template in advance and ask the called employees to sign under it. It must be mentioned:

release date and day of the week;
nature of unplanned circumstances;
a clear and unambiguous indication that the employee understands the scope of work and gives the go-ahead for his involvement;
additional data that the employee is healthy and has no contraindications from a medical point of view;
a wish for a form of compensation (money or time off);
a statement that the employee has been notified and correctly aware of his right to refuse the offered job;
confirmation that compensation options have been explained to him.

Under the written must be signed and dated.

Receiving such a detailed document will become a kind of insurance for the management of the enterprise. However, a simpler form can also be used. The employee can express his consent by putting an appropriate mark on this on the memorandum on the scope of work planned for the day off.

Work occupies a rather important place in a person’s life, and not everyone can afford to simply ignore a reasonable request from management for an unscheduled meeting at work. That is why it is important to know that the consent of an employee, by law, cannot and should not be left without remuneration, at least at the rates of the Labor Code of the Russian Federation.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

Remuneration for work on weekends and non-working holidays in the Russian Federation is regulated by Article 153 of the Labor Code of the Russian Federation. The Labor Code determines the procedure for calculating the amount of payments to an employee called upon to fulfill his official duties during holidays. The provisions of Article 153, namely the procedure for paying days off, are of interest not only to employees, but also to employers. As well as the procedure for processing documents for recalling an employee from the weekend. No one can force you to work on weekends. But in the Russian Federation, such a need very often arises. The payment must be double. The Labor Code of the Russian Federation (or, to be more precise, Article 153) tells in detail how to do it right so that the law is not violated and the employee is satisfied.

Most often, a call from a weekend to work is explained production necessity. The work schedule does not matter. If an employee works on a slippery schedule (for example, two in two, a day in three, etc.), then shifts that fall on holidays are also paid double. Which of the days are recognized as non-working can also be viewed by looking at the Labor Code of the Russian Federation. This information contained in article 112 of the Labor Code. The right to rest on weekends and the prohibition of going to work on weekends and holidays are indicated in articles 111 and 113 of the Labor Code. As mentioned above, the employer has no right to force a subordinate to work on weekends. First, his consent must be obtained. But at the same time, there are situations when a subordinate simply cannot refuse. They are also spelled out in the Labor Code of the Russian Federation. All these situations, as well as the procedure and amount of payment, the procedure for processing documents, we will consider further in the text.

In addition, users of the RightConsumer portal have a unique opportunity to receive individual advice from our lawyers.

You can find out how the provisions of the Labor Code of the Russian Federation are applied in practice and how to use them in relation to your situation online.

The theme of work on the day of rest will be considered on the example of a five-day week. The Labor Code of the Russian Federation defines working days from Monday to Friday inclusive, unless other conditions are specified in the employment contract. The Labor Code does not allow calling to work a day that is not intended for work. In addition to these two days, any day of a public holiday is also a non-working day. The list of holidays can be found in article 112 of the Labor Code of the Russian Federation:

the first five days of the new year;
Christmas Day (07.01.);
holiday of men (23.02.);
World Women's Day (08.03);
the first day of May;
celebration of the victory in World War II (09.05);
fourth day in November;
12 June.

According to the Labor Code at this time, subordinates can work exclusively at will (taking into account production needs). No one can force them. In addition, it is categorically impossible to call for the fulfillment of their duties:

pregnant women;
underage athletes;
minors, with the exception of certain professions (television, circus, cinema, etc. - if they participate in the creation and / or performance of creative works).

Also, subordinates with a certificate of disability and mothers with small children (up to the child's third birthday) do not work on a day off. The above categories of subordinates must be notified that they have the official opportunity to refuse the authorities. In fact, they are considered notified when they put their signature on the order. The remaining categories of employees do not have the right to refuse a call to work on any day in the following situations:

performance functional duties help avoid disaster
performance of functional duties will help to avoid situations;
the performance of functional duties is necessary to eliminate emergency situations or disasters;
preservation of the property of the employer;
the performance of functional duties is necessary in accordance with the regime that is adopted in the country / region when a war breaks out and / or hostilities are underway.

All of the above information is confirmed by the Labor Code of the Russian Federation. On our website, the consumer has the opportunity to study the Labor Code with the latest changes at the current time by downloading it to his computer.

How to pay (153 st)

Art. 153 of the Labor Code determines the procedure for paying for work on a holiday / day off. The basic rule is double the salary:

if the work is piecework, then the calculation is based on piece rates multiplied by 2;
if payment is made per day or per hour, then the established amount per day or per hour is multiplied by 2;
if the employee works on a salary, then the daily or hourly rate is calculated depending on the size of the salary and multiplied by 2 - the money earned over weekends / holidays is added to the established salary.

Article 153 limits only the minimum size for calculations. That is, double the salary is the lower limit of the salary.

The amount may well change upwards at the request of the employer. When drawing up an employment agreement, it is possible to discuss in advance the conditions for going to work during the weekend and the amount of payment. In addition to the above information, the provisions of Article 153 of the Labor Code give the employee the right to choose. Instead of double payment, he has the right not to work on any of the working days. That is, work during the weekend will be paid at the standard rate. In this case, the day off is not paid. The provisions of Article 153 of the Labor Code also determine the procedure for settlements with persons of creative professions (actors, television and radio workers, artists, circus performers, etc.). Their profession involves frequent work on weekends/holidays. For this category of people, additional remuneration is determined in the terms of labor agreements (individual and / or collective) or by the organization's own regulatory legal acts.

How to issue

To attract an employee to work on his weekend, you must obtain consent signed by his hand. And for this, he needs to be notified that his professional quality useful to the employer on non-working days. A sample notice can be downloaded from our website.

The format of this document is non-binding and serves as an example only. Notification of employees occurs in random order. That is, the form of the document can have any form. Mandatory data in the content of the notice are:

Full name of the employee;
the reason for the withdrawal during non-working hours;
day and month of the call;
the amount of time to be worked;
type of compensation (monetary reward or rest at other times).

In the notification, the subordinate makes a note of his good will to the boss's proposal and, if desired, independently chooses the type of compensation for the time spent. Separately, it should be noted about compensation. employers, especially in public sector, try not to offer double payment for the performance of duties by an employee during his vacation. It is easier for them to provide an additional day off, adding it to the vacation, for example. This is an infringement of the freedoms of a subordinate and a violation of his rights. The employee himself can choose which type of compensation suits him best. The only exception is when the type of compensation is prescribed in the terms of the employment agreement. At the same time, an additional output employee must also choose himself and not necessarily immediately. The subordinate may at any time write an additional statement and ask for the time off due to him.

The provisions of Art. 153 indicate that no matter how many hours are spent on the day of the call (even if not full time), the day off is provided in full. Subordinates who fall into the category of people whose recall from the weekend is prohibited (they are mentioned above) must be informed of the right to refuse (also against signature). After the good from the subordinate is received by the employer, he must issue this action with an order. The absence of an order can have a detrimental effect on the fate of the organization. As the practice of litigation shows, the court decides in favor of the employees. The only negative is that not every employee goes to court, guided by the fact that due to a small amount, you can lose your job. If you have any disagreements with the employer, including on the interpretation of article 153 of the Labor Code, you can apply for free consultation to practicing lawyers. This can be done on the Consumer Rights website using the feedback form.

The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing work modes and shift schedules. The duration of the weekly uninterrupted rest is calculated from the end of work on the eve of the day off and until the start of work on the next day after the day off. The calculation of the duration depends on the mode of working time: the type of working week, shift schedules. With a five-day working week, two days off are provided, with a six-day working week - one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Weekends are usually given consecutively.

Weekend

Weekends are a form of rest time. Their distinguishing feature is that they are provided to employees for uninterrupted rest between working days.

The concept of "rest" in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time.

The International Labor Organization (ILO) drew the attention of employers in its early years to the fact that the well-directed use of leisure time, by enabling workers to pursue more diverse interests and by providing a break from the stress of daily work, can increase productivity and thus can contribute to getting the most out of the working day.

It is this scientific and social approach to the establishment of rest time that currently prevails in developed countries, where the length of working time is limited by law or otherwise, i.e., mandatory uninterrupted rest time is established.

In Russian legislation, Art. 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest for all employees.

The duration of the working week is provided for by the working time regime, five days with two days off, six days with one day off, a working week with days off according to a staggered schedule, and is established by a collective agreement or internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part 2 of Art. 111 of the Labor Code of the Russian Federation, Sunday is declared a general day off. Moreover, the second day off with a five-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with uninterrupted leisure time as far as possible, employers are left with the choice of establishing days off, taking into account the requirements of various sectors of the economy, local customs and the differing abilities and skills of various groups of workers. This principle was reproduced in Part 3 of Art. 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week in turn for each group of employees in accordance with the internal labor regulations of the organization.

According to Art. 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. Legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social welfare workers. After all, the lack of free time may ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activity of the state.

In addition, the very size of the minimum period of uninterrupted free time reflects not only the social side labor activity, but also the level of economic development of society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.

The beginning of the specified in Art. 110 of the Labor Code of the Russian Federation of the period is calculated from the moment the employee finishes work on the last day of the calendar or working week, when working according to the shift schedule, and the end, respectively, from the moment he enters work on the first day of the new calendar or working week. The specific duration of the weekly uninterrupted rest depends on the operating mode established in the organization, i.e. on the type of week: 5-day, 6-day or shift schedule, and on the employer's calculations.

By the way, it is precisely for the purpose of complying with the established standard of time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of days off with a 6-day working week - no more than 5 hours.

Non-working holidays

Every country in the world has its own official holidays, when the population is not involved in work, but rests.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations devoted exclusively to holidays, and which are most often called “On Holidays” or “On Holidays”, in others - holidays are introduced and canceled by separate acts for each specific day, in the third - holidays are established by general regulatory legal acts governing public administration.

AT Russian Federation the list of public holidays is determined by art. 112 of the Labor Code of the Russian Federation. After making changes to it federal law dated December 29, 2004 No. 201-FZ non-working public holidays in the Russian Federation are:

January 1, 2, 3, 4 and 5 - New Year holidays;
January 7 - Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
May 1 - Spring and Labor Day;
May 9 - Victory Day;
June 12 - Day of Russia;
November 4 is National Unity Day.

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

Each worker is guaranteed the right to employment only within the limits of the work regime established at the enterprise, but there are also emergency situations, for example, accidents, reporting, or the completion of an urgent project.

It is for such situations that the law, as an exception, allows employees to be involved in the performance of duties on weekends, but only with a guarantee of compensation for hours worked.

Legislative regulation of the issue

In accordance with Article 56 of the Labor Code of the Russian Federation, labor relations arise between the company and the employee only after the conclusion of an employment contract or the admission of the employee to the performance of duties, followed by formalization of the relationship.

In turn, in the agreement on mutual cooperation in pursuance of Article 57 of the Labor Code of the Russian Federation working conditions are agreed, which include not only the duties and location of the place of work, but also the mode of employment.

So, in particular, in accordance with Article 102 of the Labor Code of the Russian Federation, an employee can be employed in a flexible time mode or, on the basis of Article 103 of the Labor Code of the Russian Federation, have a shift work or work only five days a week, but at the same time in pursuance of Article 91 of the Labor Code of the Russian Federation the length of his working week should not exceed 40 hours, which assumes periods for rest, that is, the same weekends and holidays.

But manufacturing process far from always implies stability, given that the equipment may break down and create an emergency situation in the institution or the employee may fall ill, and the conveyor cannot be stopped. It is for such situations that the law is allowed to involve workers on weekends to perform their immediate duties.

So, in article 113 of the Labor Code of the Russian Federation it is said that in the event of unforeseen work, workers possible to work on weekends in order to prevent damage to the enterprise or eliminate the consequences of an accident, on the terms approved by law. In particular, it is possible to oblige workers to start duties on a day off only with their consent, for example, in the absence of the main employee, and in the event of an accident without consent, but with mandatory compensation established by law.

That is, in accordance with Article 153 of the Labor Code of the Russian Federation, employment on a day off must necessarily be rewarded with double payment or single, but with the provision of another day of rest in accordance with the choice of the employee. Also in article 153 of the Labor Code of the Russian Federation it is said that in a collective agreement or other local acts a different amount of compensation for additional labor may be provided with the only condition specified in Article 8 of the Labor Code of the Russian Federation.

In particular, the company’s management has been given the right, due to the financial capabilities of the enterprise, to remunerate employees in the amount not lower than that established by law, which implies compensation for work on weekends and more than double the amount, or the employee’s right to choose an additional day for rest at his own discretion.

The procedure for calculating wages

The production process in each institution has its own characteristics, which leads to remuneration in several ways.

In particular, labor can be paid:

salary system in accordance with Article 129 of the Labor Code of the Russian Federation, it involves the payment of a fixed amount for the norm of hours worked on a monthly basis, regardless of the number of exits and the presence of holidays. At the core hourly rate the opposite principle lies, that is, only all hours worked at a predetermined rate are payable.

That is, in the case of setting a salary, the employee will receive the same amount every month, while with an hourly rate, the salary will be different, given that the number of working days is not the same in each month. And at piece rates wages will depend on the number of products produced for a certain period, which again implies not a fixed amount monthly.

During normal operation

Majority public institutions, as well as banks and companies, as a rule, work in a five-day mode, which implies a 40-hour workload during weekdays and a salary according to the salary system. That is, no matter how many working days there will be in months, 20 or 22, the employee will receive his salary in any case, of course minus.

That's why when calculating payment there are no special difficulties for working on a double weekend, which is confirmed by the Letter of the Ministry of Labor No. 14-2 / V-943. After all, first you need to calculate the wages per hour, and multiply the amount received by the number of hours worked already on the day off in double the amount.

For example, a storekeeper has a salary of 15,000 rubles, and he worked 20 days for 8 hours.

15 000 / 20 / 8 = 93,75 rubles is wages per hour.

An employee worked 8 hours on a day off.

8 * 93.75 = 750 rubles

Considering that, in accordance with Article 153 of the Labor Code of the Russian Federation, work on a day off is payable in double the amount: 750 * 2 = 1500 rubles.

Thus, the employee should receive wages in the amount of:

15,000 + 1,500 = 16,500 rubles.

Also, Article 153 of the Labor Code of the Russian Federation states that a worker has the right to refuse double payment in favor of providing another day of rest. In such a situation, payment for employment on a day off is made in the standard amount and the employee receives a day off at another convenient time.

In particular, the calculation of wages for a month in a similar situation will look like this:

15000 / 20 / 8 = 93.75 rubles.
8 * 93.75 = 750 rubles.
15,000 + 750 = 15,750 rubles.

Shift work

In accordance with Article 91 of the Labor Code of the Russian Federation normal hours of work 40 hours a week is considered, which is relevant for such a regime as a five-day or six-day week with fixed days off.

But in enterprises with a shift work regime, it is impossible to observe a 40-hour working week due to the peculiarities of production, given that the schedule consists of a series of shifts and rolling days off, which during one week can be more than 40 working hours, and during another - less stipulated norms.

In such a situation, in accordance with Article 104 of the Labor Code of the Russian Federation, for institutions with an agreed schedule, the law provides possibility of total accounting, which involves adding up the hours worked for a certain period, for example, a quarter, in order to comply with the statutory norm of hours already in the monthly equivalent, that is, let's say 160.

This form of accounting for hours worked is naturally reflected in the procedure for calculating wages, which directly depends on hours worked and predetermines different amounts in each month. Naturally, with this procedure for calculating wages, the calculation of double pay for work on weekends also causes some difficulties.

In particular, the Decree of the State Committee No. 465/P-21 states that work on holidays should be included in the monthly rate and paid accordingly. For example, a packer has a salary of 12,000 rubles and works according to the railway schedule, that is, day, night, 48 rest, while the shift lasts 12 hours.

The norm of hours per month is 192 hours at the rate of 16 shifts of 12 hours, the employee worked 17 shifts, as he was called to work due to the illness of his colleague for one shift.

Then the calculation will be made in the following order:

12,000 / 192 = 62.5 rubles.
12 * 2 = 24 hours.
62.5 * 24 = 1500 rubles.
12,000 + 1,500 = 13,500 rubles.

If, with the summarized accounting of time, wages are calculated not in the salary system, but in the hourly tariff rate, the calculation of payment on the weekend will look quite simple. An hourly wage, for example, 62.5 rubles, will need to be multiplied by the number of hours worked on the day off and by two.

62.5 * 12 * 2 = 1500 rubles.

Procedure for entering the workplace on a day off

When hiring a worker, even at the stage of registration of legal relations, a salary or an hourly rate is set in an employment contract or in local acts, in accordance with which remuneration is automatically made. But after all, it is initially assumed that the employee will work out the labor rate on a monthly basis, and not work in excess of it.

That is why any involvement in labor in excess of the norm should additionally reflected in the administrative documentation.

In particular, in anticipation of a call to work additionally, the head of the department submits report or memorandum addressed to the director about the need to carry out certain work on a day off and with a request to involve an employee in their execution. On the basis of the report and after the imposition of a resolution issuing a work order indicating the reason for the call, the date and time during which additional work is planned.

Also, the order must stipulate conditions for compensation of additional work and the signature of the involved worker is affixed, who thus familiarizes himself with the order and expresses his consent to being involved in work on a legal day off. In addition to the order, an additional exit also reflected in the output table, where in the column corresponding to the day off, not “B” is put, but the number of hours worked, for example, 8 or 12. That is, the employee is paid for the hours worked on the day off on the basis of an order and a time sheet.

Features of payment on a business trip

The procedure for granting business trips, as well as their course and payment, is regulated by the norms of Government Decree No. 749, which, in particular, states that, on behalf of the employer, an employee can be sent during production activities to another enterprise.

In this case, during the stay on a business trip, the employee will be busy in accordance with the work schedule, which is installed in the host company. If, due to production needs, the employee is forced to go to work on a day off already according to the work schedule of another enterprise, his employment will be paid in double the amount in accordance with Article 153 of the Labor Code of the Russian Federation.

It is also stated in the standard that trip duration is calculated not from the moment of arrival at the seconded organization, but from the moment of departure from the hometown of the worker, which implies the probability of being on the road just during the legal holidays. In such a situation, in accordance with clause 5 of Decree No. 749, travel days will also be paid double or compensated by a single payment with the provision of another day of rest.

The procedure for paying for work on weekends and holidays is described in the following video tutorial: