Work on weekends according to the labor code. Overtime work and weekend work: problems of application of legislation. Registration and payment of work on weekends and non-working holidays

Weekend work for Labor Code not allowed. However, there are some exceptions when it is permissible to involve employees in the implementation job duties weekends with or without their consent. Let's talk about these cases, as well as how to pay for work on a day off, in our article.

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

Every employee has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their days off. Involving them in additional labor activity is possible if consent to exit in writing is obtained in advance. However, employees may refuse additional processing during the off-hours.

Overtime work must be properly documented. Necessary:

• obtain written consent from the employee to go to work during holidays or weekends;
• familiarize the employee with the conditions of exit, including the right to refuse work in their free personal time;
• notify trade union body(if any);
• issue an order to perform overtime work, indicating the reasons, duration and involved persons.

Sometimes obtaining the consent of the employee to perform work duties on weekends is not required. These are possible under the following conditions in accordance with Art. 113 of the Labor Code of the Russian Federation:

• if it is necessary to prevent the occurrence of unforeseen circumstances that can lead to catastrophic consequences, including accidents or damage to the company's property;
• the need to perform the work arose in connection with an emergency situation caused, among other things, by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with young children under 3 years old) are involved in overtime work only with their consent. It is forbidden to use on weekends and labor of minors.

Possible options for employment in free time it is required to register in the collective agreement and other internal local acts.

Working conditions on weekends and holidays

If there is a need for overtime work, the management issues an order to involve employees who have agreed to perform the work. It fixes the date of entry to overtime work on weekends. In the event of an emergency, going to work on weekends and holidays can also occur by oral order of the leadership (before the issuance of the order).

The performance of work on weekends by disabled people or women who have children under 3 years of age is possible not only with their written consent, but also provided that there are no medical contraindications for working overtime.

NOTE! If an employee is working on a fixed-term basis employment contract up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent even in case of emergency (Article 290 of the Labor Code of the Russian Federation).

Pay for work on a day off

For the use of personal time spent on overtime, employees are entitled to compensation. They have a choice:

• or take an additional day off and receive payment for work on the day off in a single amount;
• or agree to double monetary compensation based on the current tariff rate or upon piecework payment (Article 153 of the Labor Code of the Russian Federation).

Those employees who are entitled to a fixed monthly salary are paid for work on weekends and holidays based on the daily or hourly norm, if the monthly norm of working time (according to the Labor Code of the Russian Federation) is not exceeded. If the working time limits for a month are exceeded, the payment for additional labor activity on holidays and weekends is calculated at a double rate.

If the employee requested the provision of time off, he must write a corresponding application.

The rules for calculating additional compensation for weekends and holidays do not apply to those whose normal schedule includes the possibility of working on holidays and weekends: employees with irregular working hours, shift work.

Any additional terms and conditions may be specified in internal position on remuneration, the procedure for filling which you will learn from the article "Regulations on the remuneration of employees - sample 2018 - 2019" .

Sample letter of consent to work on a day off

The forms of the document confirming the receipt of the consent of the employee to go to work in extra time are not legally approved. Each enterprise has the right to develop its own form.

A sample written consent of an employee to work on weekends and holidays can be downloaded on our website.

Results

In some situations labor activity during periods intended for rest (holidays, weekends), it is necessary to maintain the normal operation of the enterprise. However, in most cases, employees must voluntarily agree to perform work duties outside of working hours. Additional work on weekends for some categories of employees (pregnant women, minors) is prohibited.

New edition Art. 153 of the Labor Code of the Russian Federation

Work on a weekend or non-working holiday is paid at least twice the amount:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working hours.

Specific amounts of payment for work on a weekend or non-working holiday may be established by a collective agreement, local normative act adopted taking into account the opinion of the representative body of employees, an employment contract.

An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local regulatory act, an employment contract.

Commentary on Article 153 of the Labor Code of the Russian Federation

Performance of work on weekends and non-working holidays in accordance with applicable law also applies to work in conditions that deviate from normal. By general rule work on weekends and non-working holidays is also prohibited.

Engaging employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work in advance, on the urgent performance of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;

3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of three years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.

Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

In accordance with Article 153 of the Labor Code of the Russian Federation, work on a weekend or holiday is paid at least twice the amount. Employees who are paid according to the time system are paid for work on weekends or non-working holidays at double hourly or daily rates. Workers-pieceworkers produced on a day off or a holiday must be paid at least at double piece rates. For employees receiving a monthly salary, work on a weekend or non-working holiday is paid in the amount of at least the daily or hourly rate in excess of the salary, and if the work was performed in excess of the monthly norm, at least twice the hourly or daily rate in excess of the salary.

A collective and labor agreement may provide for higher wages on public holidays. If the work falls on a holiday partially, then it is paid in an increased (double) amount only for those hours that were included in the holidays (from 0 to 24 hours). At the request of the employee, the increased payment for work on holidays can be compensated by providing another day of rest, but with payment in a single amount. In this case, the day off is not payable.

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

Another commentary on Art. 153 of the Labor Code of the Russian Federation

1. On the procedure for engaging in work on weekends and public holidays, see Art. 113 of the Labor Code of the Russian Federation and commentary to it.

2. Article 153 of the Labor Code of the Russian Federation establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest.

The right to choose the type of compensation belongs to the employee. Since involvement in work on weekends and non-working holidays is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application by the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made.

3. When an employee chooses an increased payment, it is made at least in double the amount. The procedure for determining the amount of payment depends on the system of remuneration:

With a piecework payment system, piecework rates are applied, increased by at least two times;

With a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working time, an additional payment in the amount of at least an hourly or daily tariff rate is established to the official salary;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was performed in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily wage rate is established to the official salary.

The specific amount of payment for work on weekends or non-working holidays is established in accordance with Part 2 of Art. 153 of the Labor Code of the Russian Federation in a collective agreement, a local regulatory act or in an employment contract. If such amount is not established by contract, payment should be made in accordance with Art. 153 of the Labor Code of the Russian Federation in double size.

In any case, hours actually worked on a weekend or non-working holiday are subject to increased payment.

4. When an employee chooses compensation in the form of providing another day of rest, the time for using this day must be agreed with the employer. The use of another day of rest without the consent of the employer should be considered as a violation of labor discipline by the employee.

Since work on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an entire additional day of rest should be provided. An additional day of rest is not payable.

5. Special rules for remuneration on weekends and non-working holidays are established for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance ( exhibiting) works of professional athletes. On the one hand, the nature of the activities of such workers and such organizations involves their work on weekends and holidays, on the other hand, these workers are equally subject to guarantee norms. labor law. Based on this, part 4 of Art. 153 of the Labor Code of the Russian Federation provides that an increase in the wages of these persons on weekends and non-working holidays is established by an employment contract, a collective agreement or local regulations of the organization, but at the same time minimum size is not limited.

© New edition of the Labor Code of the Russian Federation with Commentaries to Articles. Latest changes, news and amendments to the Labor Code of Russia for 2017.

Registration and payment of work on weekends and non-working holidays

Activities on non-working days are prohibited by Russian law. But every rule contains exceptions.

It is possible to involve citizens in the labor process on weekends with their written consent in the event that an organization has unforeseen work in advance, the failure to perform which may adversely affect its activities in the future.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

Nuances of the Labor Code of the Russian Federation

Without the consent of employees, it is possible to involve them in work in 3 cases:

• To prevent accidents and natural disasters.
• To eliminate accidents and destruction of the property of the employer.
• To work in a state of emergency or martial law, etc.

Article 113 of the Labor Code prohibits the use of such labor by disabled people and women with children under 3 years of age whose health condition is unsatisfactory (according to a doctor's opinion). Therefore, these categories of persons must be notified of the possibility of waiving the obligation to work on non-working days.

The Labor Code enshrines the obligation of the employer to pay double the amount of weekend work, in particular:

• piecework workers - according to double norms;
• persons wage which is calculated by hours and days - at double tariff rates;
• employees whose salary is calculated on the basis of the established salary - at least the daily rate (in the case of labor within the monthly standard) and at least twice the daily rate (in the case of labor activity exceeding the monthly standard).

The Labor Code of the Russian Federation provides for the establishment of certain amounts of remuneration for the conditions under consideration by collective and labor contracts, as well as other local acts organizations.

At the written request of the employee who worked on the weekend, the employer may provide him additional day off. In this case, the remuneration is paid according to the following scheme: the amount of payment for the non-working day worked is calculated in the usual amount, and the day of rest is not paid.

You can learn more about all the nuances of such a process from the following video:

Compensation calculation

On piece-rate payment

The driver Nikolaev N. receives 150 rubles for each trip. In the reporting month, he made 190 trips. Nikolaev was brought to work on 2 days off, during which he made 20 trips. Determine the amount of his salary for the past month:

The total salary of Nikolaev will be 31,500 rubles.

With hourly pay

Locksmith Kirillov G. worked 130 hours a month, including 8 hours on Sunday. The hourly rate of a locksmith is 250 rubles. Let's determine the amount of Kirillov's salary for the past month:

• (130-8) * 250 \u003d 30,500 rubles;
• 8*250*2=4,000 rubles.

The total salary will be 34,500 rubles.

At daily rate

Painter Stepanov P. worked 20 working days per month, including 2 days on holidays. Daily rate - 2000 rubles. Determine the amount of wages for the past month:

The amount to be paid to Stepanov is 44,000 rubles.

With the salary system (exceeding the established norm of working hours)

Watchman L. Kopylov worked 150 hours, including 5 hours on a day off. His salary is 20,000 rubles. Taking into account that the standard working time in this case is 143 hours, and based on the conditions it is exceeded, the compensation for the day off is payable at double the rate.

Let's define the hourly tariff rate. There are 3 ways to calculate it:

• the ratio of salary to the norm of working time according to the production calendar;
• the ratio of salary to the norm of working hours according to the schedule of the employee;
• the ratio of 12 salaries to the norm of working hours per year.

The legislation does not clearly regulate the method of calculation. We use method 3. There are 1974 hours in a 40-hour work week in 2016, so:

• (20,000 rubles * 12 months) / 1974 hours \u003d 121.58 rubles / hour.

Holiday pay will be:

With a salary system (no excess of the established norm)

Technician Mashkina G. worked 143 hours, including 2 hours on a day off. Her salary is 15,000 rubles. Taking into account that the norm of working time in this case is 143 hours, and based on the conditions it does not exceed the standard, then compensation for work for the day off is subject to payment in the usual amount.

First you need to determine the hourly rate. It is calculated similarly to example 4:

• 15,000 rubles * 12 months / 1974 hours = 91.19 rubles / hour.

How to write an application for joining electronic document management- read here.

Registration procedure

• It is necessary to exclude persons who, in accordance with the Labor Code, cannot be involved in the output work process. These include:
  • pregnant women;
  • minors under the age of 18 (except for creative workers, whose categories are approved by the Government of the Russian Federation, as well as athletes).
• Notifying employees in writing. It should contain information on the dates of entry to work of a certain person, indicating his full name, position, and also the name structural unit in which the citizen will be recruited.

  The letter is being drawn up in 2 copies- one for the employer with the employee's mark of familiarization, the other - for the employee himself. This document is subject to registration in the log of registration of notifications. In case of refusal of a person to familiarize, an act is drawn up.

• Obtaining the consent of the employee to engage in work, which is drawn up in writing. This paper is not regulated by law, therefore, it can be drawn up in a simple written form.
• Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note exactly what the order is the main document that serves as the basis for involving employees in such work. Therefore, it must contain information about the employee, days of going to work, as well as information about his familiarization with the document. Details of familiarization is located at the bottom of the order. The citizen puts his signature and date.
• Registration of paper in the register of orders for personnel with further familiarization of all employees of the organization.
• Marking data on work in the time sheet. Information in the time sheet is entered as follows: in the appropriate column opposite the name of the citizen, the code "BP" or "03" is indicated, the number of hours worked is entered.
• Compensation for the corresponding work with monetary compensation or the provision of a day of rest.

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Payment for work on a day off according to the Labor Code of the Russian Federation

Payment for work on a day off - Labor Code regulates this issue in Art. 153 of the Labor Code of the Russian Federation. Labor these days is prohibited by law and is possible only in exceptional situations. The special payment procedure is additional guarantee workers' rights to rest.

In what situations is it possible to work on weekends and non-working holidays?

Art. 113 of the Labor Code of the Russian Federation prohibits calling citizens to work on weekends and holidays. This is the basis that employers should be guided by. The purpose of this legislative provision- full rest of workers and care for the health of citizens. Exceptions are allowed under the following conditions:

• the consent of the employee;
• taking into account the opinion of the trade union (if any);
• the occurrence of urgent work, on the implementation of which the further activities of the company depend.

In some situations, the law allows employees to be called to work on weekends and without their consent. In particular, it is allowed to work on weekends, aimed at preventing an accident. It is also possible to call employees in order to prevent dangerous situations and loss of property. In a situation of emergency or martial law, a threat to the entire population of Russia or part of it, the employer can also attract employees on weekends without their consent. Exceptions to this rule are the disabled, pregnant women and employees with young children. The legislation gives them the right to refuse such work and sets an additional condition for recruiting on weekends and holidays: a medical report does not prohibit engaging an employee to work on these days.

When engaging employees to work on weekends, it is necessary to understand How is a day off paid according to the Labor Code. This is necessary for the fair calculation of salaries for employees called to work on weekends.

How is work on a day off paid according to the Labor Code of the Russian Federation?

Let's consider a question like payment for work on a holiday - Labor Code of the Russian Federation requires the employer to pay double (Article 153 of the Labor Code of the Russian Federation) or provide the employee with additional unpaid rest at another time. The employee can independently choose the appropriate compensation option.

Double pay on weekends- monetary compensation for the lack of proper rest. Features of the calculation depend on the system adopted in the organization and the amount of time worked . Payment on holidays according to the Labor Code(part 1 of article 153) is carried out as follows:

• under the piecework system, the worker can claim payments at double rates;
• in organizations where salaries are calculated at tariff rates, weekend pay according to the Labor Code produced at double rates;
• employees who receive a salary on a monthly basis and have worked weekend hours within the monthly allowance may count on a single rate per day or hour as a supplement to their salary;
• those who fulfilled their labor functions Weekends are more than monthly.

Payment on a day off in a double amount in accordance with the internal acts of the organization

The employer can set the rules on his own. In doing so, he must comply with Art. 8 of the Labor Code of the Russian Federation, which prohibits worsening the situation of employees by local acts legal entity compared to federal law. Pay for work on a day off in such a situation, it can only be changed upwards, for example, the employer has the right to set pay at a triple rate or more.

In what cases is an additional day of rest granted for working on weekends?

Additional rest is another option for compensation for, provided for in Part 3 of Art. 153 of the Labor Code of the Russian Federation. The conditions for its provision are as follows:

• the employee is given 1 day of rest for each day off worked;
• work is paid in a single amount;
• leave is not payable.

As noted by Rostrud in the letter “On providing time off to an employee ...” dated 10/31/2008 No. 5917-T3, the duration of additional rest does not depend on the time that the employee actually worked on his day off. For example, an employee worked on January 2 for 3 hours. In this case, he is entitled to a full day off. An employee can claim time off in any month. The main thing is to write an application in advance with a request to provide additional rest instead of double payment for work on weekends and holidays.

After receiving an application from the employee to replace the double payment with an additional day of rest, an appropriate order is issued. It indicates the details of the parties, the grounds for granting time off and the date. Also, the employer can issue the provision of time off in the form of a resolution on the application.

We arrange work on weekends and holidays

Ch. 8 Art. 113 of the Labor Code of the Russian Federation requires that employees be involved in work on weekends in writing. The decision is made by the employer based on the needs of the company and the characteristics of the labor process in the organization.

AT large organizations it is advisable for heads of departments to draw up a memorandum addressed to the head, consisting of names and positions, indicating the reasons for attracting employees to additional work. Subsequently, on the basis of the reports, the head decides on the advisability of calling employees to work on a day off.

The decision of the employer is issued in the form of an order. Legislation does not provide unified form order, so it is drawn up in accordance with the rules and regulations adopted by the company personnel office work. But in any case, the document must indicate:

• purpose of working on weekends;
• dates of additional labor;
• Ways to compensate for weekend work.

Employees should be familiarized with the document in advance for signature.

Additional weekend pay according to the Labor Code 2015-2016 and strict engagement rules these days are important guarantees for employees to protect them from abuse by management and ensure they have a good rest. At the same time, it is important to remember that, unless otherwise provided by local acts of the organization, double weekend pay simultaneously with leave not allowed.

Work on weekends and holidays - payment according to the Labor Code of the Russian Federation

Sometimes by necessity compels a person to go to work and perform job responsibilities on your weekend or holiday. Payment for such work, according to the Labor Code of the Russian Federation, is made at a different increased rate.

How much the weekend is paid and how this provision is regulated, read in our article.

Work on a day off article of the Labor Code of the Russian Federation

According to the law, each employee has an 8-hour working day and, accordingly, a 40-hour working week. Everything that goes beyond these figures is either processing, or working on weekends, and sometimes a gross violation of rights.

Sometimes circumstances develop in such a way that on a non-working day, an employee’s exit is very necessary. And the reasons for the urgency cannot wait until after the holidays. In this case, the employer is forced to organize the work of employees during non-working hours.

The most common reasons for this phenomenon are:

• Accidents that require immediate elimination;
• Urgent repair production capacity;
• Non-fulfillment of volumes within the time limits set by the customer;
• Additional orders, the implementation of which is possible only with additional exits or overtime work;
• Other reasons.

How is weekend work paid?

According to the Labor Code, a person is entitled to at least double payment for going out on his day off. So for individuals whose salary is based on piecework, the employer is obliged to pay for work on weekends at double rates.

For persons working on an hourly basis or having an official salary, such work is paid at a double hourly or double daily rate.

Also, the articles of the Labor Code guarantee the opportunity to take time off. However, there is one caveat here: if an employee chooses a day off, then payment for a non-working shift will be made at the standard rate.

In general, you decide on pay or time off.

The tariff for work on a day off at each enterprise is approved by a collective labor agreement, a normative act. Such documents are approved taking into account the interests of workers, in agreement with the organization, which is the representative body of workers.

Holiday work pay

Going out on a holiday is also regulated by the Labor Code of the Russian Federation. The amount of the tariff for the performance of work on non-working days cannot be lower than double payment, both with piecework and hourly payroll systems.

An employee may also be granted time off on a public holiday. You can issue it when the need arises, but in this case, payment for the holiday will be made at the standard rate.

Sample order for work on holidays and weekends

If the enterprise has an urgent need for employees to leave on non-working days, the head is obliged to draw up an order.

The order must indicate: the date, the reasons why the employees are required to leave, and the amount of payment for this time is approved. Based on the order, the accountant will calculate the salary for the specified days at an increased rate.

An example of such a document can be found at the following link:

Holiday pay for shift work

If the company has a shift schedule, then there are some peculiarities when paying for holidays. So at enterprises with continuous production, payment for going out on a non-working day according to the calendar, but a worker according to a shift schedule, is made at a double rate.

But if the number of hours worked does not exceed the number established by law, then the employee will not be able to take time off during this time.

Construction work on weekends

Many residents of multi-storey buildings in various cities and regions of the Russian Federation will be interested to know what the law thinks about carrying out repairs in their own apartments. This information will be especially relevant for those who have noisy neighbors who have been doing repairs for years.

Today in the Russian Federation there is no single law that would regulate the repair and construction of high-rise buildings by residents. Therefore, the time frame may differ in Moscow and St. Petersburg from other regions.

So, in particular, in the city of Moscow, the legislation prohibits the implementation of repair work on weekends, and on weekdays they should start no earlier than 9 am and end by 19 pm. Also, the law prohibits the use of construction tools, from which strong noise and vibrations come.

The total duration of repairs in the apartment should not exceed 4 months. If renovations and construction continue, a special permit is required.

Trying to come to a common denominator by region, the rules for repairing an apartment can be combined into the following:

1. Repairs are prohibited on weekends and holidays.
2. AT common days week - the beginning of the repair no earlier than 9 am, and the end no later than 7 pm.
3. Repairs cannot last more than 6 hours a day. During the specified time, at least one hour break is required.
4. Construction should not stretch for more than 3 calendar months.
5. Permissible noise level is not more than 40 dB. If neighbors violate the established order, then this may serve as a reason for contacting law enforcement agencies.

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Weekend work according to the Labor Code (nuances)

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Weekend work according to the Labor Code not allowed. However, there are some exceptions where employees may be required to work on weekends with or without their consent. Let's talk about them in our article.

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

Every employee has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their days off. Involving them in additional labor activity is possible if consent to exit in writing is obtained in advance. However, employees may refuse additional processing during the off-hours.

Overtime work must be properly documented. Necessary:

• obtain written consent from the employee to go to work during holidays or weekends;
• familiarize the employee with the conditions of exit, including the right to refuse work in their free personal time;
• notify the trade union body (if any);
• issue an order to perform overtime work, indicating the reasons, duration and involved persons.

Sometimes obtaining the consent of the employee to perform work duties on weekends is not required. These are possible under the following conditions in accordance with Art. 113 of the Labor Code of the Russian Federation:

• if it is necessary to prevent the occurrence of unforeseen circumstances that can lead to catastrophic consequences, including accidents or damage to the company's property;
• the need to perform the work arose in connection with an emergency situation caused, among other things, by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with young children under 3 years old) are involved in overtime work only with their consent. It is forbidden to use on weekends and labor of minors.

Possible options for engaging in work in free time are required to be prescribed in the collective agreement and other internal local acts.

Working conditions on weekends and holidays

If there is a need for overtime work, the management issues an order to involve employees who have agreed to perform the work. It fixes the date of entry to overtime work on weekends. In the event of an emergency, going to work on weekends and holidays can also occur by oral order of the management (before the issuance of the order).

The performance of work on weekends by disabled people or women who have children under 3 years of age is possible not only with their written consent, but also provided that there are no medical contraindications for working overtime.

Note! If an employee works under a fixed-term employment contract lasting up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent even in case of emergency (Article 290 of the Labor Code of the Russian Federation).

Pay for work on a day off

For the use of personal time spent on overtime, employees are entitled to compensation. They have a choice:

• or take an extra day off;
• or agree to double monetary compensation based on the current tariff rate or upon piecework payment (Article 153 of the Labor Code of the Russian Federation).

Those employees who are entitled to a fixed monthly salary are paid for work on weekends and holidays based on the daily norm, if the monthly norm of working hours (according to the Labor Code of the Russian Federation) is not exceeded. If the working time limits for a month are exceeded, the payment for additional labor activity on holidays and weekends is calculated at a double rate.

If the employee requested the provision of time off, he must write a corresponding application.

The rules for calculating additional compensation for weekends and holidays do not apply to those whose normal schedule includes the possibility of working on holidays and weekends: employees with irregular working hours, shift work.

All additional conditions can be spelled out in the internal regulation on remuneration, the procedure for filling which you will learn from the article “Regulation on remuneration of employees - sample-2015”.

Sample letter of consent to work on a day off

The forms of the document confirming the receipt of the consent of the employee to go to work in extra time are not legally approved. Each enterprise has the right to develop its own form.

A sample written consent of an employee to work on weekends and holidays can be downloaded on our website.

Results

In some situations, work during periods intended for rest (holidays, weekends) is necessary to maintain the normal operation of the enterprise. However, in most cases, employees must voluntarily agree to perform work duties outside of working hours. Additional work on weekends for some categories of employees (pregnant women, minors) is prohibited.

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When you read the provisions of the Labor Code regarding overtime work, as well as working on weekends, they seem extremely simple. However, in practice, their application causes many difficulties.

What is written in the Labor Code ...

So, let's first see what is written in the Labor Code.

Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work(shifts), as well as work in excess of the normal number of working hours for the accounting period (according to Part 1 of Article 99 of the Labor Code of the Russian Federation).

In part 5 of the same article 99 of the Labor Code of the Russian Federation it is written that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year.

Article 152 of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least double the amount.

According to article 153 of the Labor Code of the Russian Federation, work on a day off and a non-working holiday is paid at least twice the amount:

• pieceworkers - at least at double piecework rates;
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;
• employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if the work on a weekend and non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double hourly or daily rate in excess of the salary, if the work produced in excess of the monthly norm.

Let's explain these rules with simple examples.

So, we brought the norms of the Labor Code. Now we will try to explain with simple examples how to apply these provisions.

What is overtime

So, overtime work is work performed by an employee at the initiative of the employer outside the established working hours:

• daily work (shift) (see Example 1), as well as
• work in excess of the normal number of working hours for the accounting period (see Example 2).

Overtime restrictions

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. In this norm, too, at first glance, everything is simple.

Overtime pay

Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours at least twice the amount. Well, here, too, everything seems very simple.

Continuation of Example 3

Continuation of Example 4

Continuation of Example 2

Weekend payment

Work on weekends and non-working holidays is paid at least twice:

• pieceworkers - at least at double piecework rates (see Example 8);
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate (see Example 9);
• employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if the work on a weekend and non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double hourly or daily rate in excess of the salary, if the work was made in excess of the monthly norm (see Example 10).

Using simple examples, we explained how the norms of the law work. And now we will analyze the "tasks" more difficult.

Are overtime and weekend work the same thing?

So, it would seem that everything is simple, but in fact the norms of our legislation are drawn up in such a way that we often do not know how to apply them. Let's think about whether the concepts of "overtime work" and "work on weekends" are identical? If we try to answer this question, it will be found that in some cases we equate these concepts with each other, and in others we consider them to be different from each other. Moreover, we are usually guided by common sense, and not by the literal norm of the law. Let's take a concrete example.

Part 5 of Article 99 of the Labor Code of the Russian Federation states that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year. Agree as we read the first half this proposal, we assume that working weekends and working overtime are completely different things. And the norm, according to which an employee must work no more than 4 hours for 2 days in a row, has nothing to do with weekends. After all, an employee usually works on Saturday or Sunday for 8 hours. But when we read the second half of the sentence (overtime work should not exceed 120 hours per employee per year), most of us start from the diametrically opposite premise, according to which overtime and weekend work are one and the same. And 120 hours includes work on weekends. What are we guided by? Common sense! Although, in order to consider ourselves absolutely right in this situation, Part 5 of Article 99 of the Labor Code of the Russian Federation should have been worded as follows: overtime work should not exceed four hours for each employee for two days (if we are talking about working days) in a row and 120 hours a year.

An even more difficult situation arises when it comes to paying for work on weekends. In simple situations, everything is really clear: if a person works overtime on weekdays, then we pay for the first two hours of work at one and a half times, and the next two at double. If a person is attracted to work on weekends, then wages for all hours will be calculated at a double rate. Reading the rules regarding weekend pay and overtime pay, we are absolutely sure that these are different things and that such work must be paid in different ways. However, usually, if employees are involved in an organization to work on weekends, then they work 8 hours (the same as on weekdays), which are paid double, but not 13, as written in the letter. In this case, the dispute seems to be as follows. Workers who appear to work 8-hour, five-day workweeks have been brought in to work weekends. The organization of the enterprise, having read that Article 153 of the Labor Code of the Russian Federation says that work on a weekend and non-working holiday is paid at least twice, and multiplied the hourly wage rate when paid by 2. The State Labor Inspectorate considered 5 hours that were worked outside 8 hours of normal working hours, overtime. Therefore, in her opinion, processing for the first two hours should be paid according to the formula: double pay for the day off is multiplied by one and a half for overtime work, plus for the next three hours, payment is made according to the formula: double pay (for the day off) is multiplied by 2 (for overtime). The logic seemed strange to the organization, since at first glance it seems that double the amount for working on a day off and so includes payment for the fact that the employee works extra time. Of course, this situation is controversial, from the point of view of legal assessment, because in this case the legislation can be turned this way and that.

Let us turn again to Article 99 of the Labor Code of the Russian Federation, according to which overtime is considered work performed at the initiative of the employer outside:

1. Normal working hours.
2. Daily work (shift).
3. Work in excess of the normal number of working hours for the accounting period.

On the one hand, the logic of the labor inspectorate seems correct. After all, if the duration of daily work (shift) is 8 hours, then all the rest of the time that has gone beyond this limit is work outside the daily work (shift). That is, it must be regarded (see paragraph 2 of the list) as overtime work and paid according to the rules of Article 152 of the Labor Code of the Russian Federation, which states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least than double. On the other hand, work on a holiday is always work outside normal working hours (see point 1). Indeed, in this case, a person will work more than 40 hours a week. But no one says that the first two hours of work on a day off must be paid first at a double rate, multiplied by one and a half, and the subsequent hours - at a double rate, multiplied by two. But if the number of hours worked by him does not deviate from the normal duration of the work shift, there is no talk of payment for this day under the rules of Article 152.

Since there is no judicial practice on the application of this article, just as there is no explanation on this issue, it is impossible to say which of the parties is absolutely right. After all, the legislation here can be turned in one direction or the other. In addition, it is not clear: if the extra 5 hours were regarded as overtime, why it was not qualified as an offense, because, in accordance with Article 99 of the Labor Code of the Russian Federation, overtime work should not exceed four hours for each employee for two days in a row. Well, on my own behalf, I can advise: so that such disputes with the labor inspectorate do not arise, do not force the employee to work on a day off for more than normal working hours on weekdays.

How to pay for overtime work and work on weekends with a summarized accounting of working hours?

Document Fragment

Article 104 of the Labor Code of the Russian Federation "Summary accounting of working hours" In organizations or when performing certain types work, where, due to the conditions of production (work), the daily or weekly working time established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working time so that the working time for the accounting period (month, quarter, etc.) does not exceed normal working hours. The accounting period cannot exceed one year. The procedure for introducing the summarized accounting of working hours is established by the rules of the internal work schedule organizations.

With the payment of overtime work and work on weekends, with the summarized accounting of working hours, problems often arise. So, let's try on simple examples to understand how the payment is made.

Usually, the summarized accounting of working time is kept at enterprises with a shift work schedule. In this case, as a rule, either a year or a month is taken as an accounting period. If in the accounting period the number of hours exceeds the normal working hours, then the first two such hours are paid at one and a half times, the rest - at double.

When drawing up a work schedule, two norms of the Labor Code should be taken into account. Firstly, the norm according to which work for two shifts in a row is not allowed, and secondly, the norm according to which uninterrupted rest must be at least 42 hours a week.

Sometimes, according to the schedule, the working day of an employee working in shifts falls on a generally recognized weekend or holiday. The question arises: how to pay for work on such days, at double or single rates? The following answer can be given to it: if the working day of such an employee falls on a holiday, he should be paid at double rates (even if the number of hours in the accounting period does not exceed the normal number of hours).

As for the days off, the corresponding norm of the Labor Code of the Russian Federation refers to the days off of specific employees, and not about the generally accepted days off in general. In other words, if, for example, some working day of an employee falls on Sunday, it must be paid in a single amount, but if you ask a person to leave on the day when he should rest according to the schedule, then this work must be paid at double the rate (even if the number of hours in the accounting period does not exceed the normal number of hours).

At some enterprises, management and personnel officers sincerely believe that if a summary record of working time is kept in production, then a person can be forced to leave on his day off, which is due to him according to the schedule, and if the number of hours in the accounting period does not go beyond the normal, pay such work in single size. This approach is absolutely wrong. And if on a generally recognized day off the work of a "shifter" is paid in a single amount, then on his own - with compensation for such injustice - in a double one.

Let's try to understand the situation described by the author of the letter. If we look at the production calendar, we will see that in January the normal working hours are 128 hours. A work schedule was drawn up, according to which the employee had to work 156 hours, including 32 hours of holidays. As we can see, the employee, according to the schedule, must work much more than the normal working hours in January. But since the accounting period is a year, in the following months, in theory, such processing should be compensated (that is, the scheduler should try to make the worker work less than the normal number of hours in February, March, etc.) . If a person worked according to the schedule, then we would pay him double the 32 holiday hours, single the remaining hours (156 - 32 = 124 hours). And at the end of the year, we would see if our employee has “extra” hours. If they were available, they would have made an appropriate additional payment (taking into account the fact that the first two hours of overtime work are paid in a single amount, and the next - in a double amount). However, the employee worked instead of 156 hours scheduled, 184 hours, that is, 28 hours more! Of all the hours worked, 48 are holidays. In this case, a number of questions arise: why did it happen that the employee did not work according to the schedule? With such a number of hours, was it possible to comply with the requirements of the law, according to which an uninterrupted weekly rest must be at least 42 hours and work for two shifts is not allowed? Without seeing the work schedule and time sheet, one can only assume that the employee went to work on his days off. Accordingly, both 48 hours on holidays and 28 hours on weekends in this case must be paid at a double rate. The remaining hours of work are paid in single. Whether there is processing, which must be paid at an increased rate, you will determine at the end of the year.

After considering the issue, we came to the following conclusion:
Engaging employees with their consent to work on all weekends during the month is not a violation of labor laws. There are no restrictions on the frequency or frequency of involving employees to work on weekends.

Rationale for the conclusion:
According to part one of the Labor Code of the Russian Federation, all employees are provided with days off - weekly uninterrupted rest, the duration of which cannot be less than 42 hours (Labor Code of the Russian Federation). The general day off is Sunday, the second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row (part two of the Labor Code of the Russian Federation).
As a general rule, work on weekends and non-working holidays is prohibited. The exception is cases directly established by the Russian Federation (Part One of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation provides for cases when it is allowed to involve an employee to work on weekends and non-working holidays without his consent (part three of the Labor Code of the Russian Federation), with the written consent of the employee (part two of the Labor Code of the Russian Federation), with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organizations (if any) (part five of the Labor Code of the Russian Federation). There are no restrictions on the frequency or frequency of attracting employees to work on weekends by law. At the same time, the legislation guarantees increased pay for work on weekends and holidays (Labor Code of the Russian Federation).
It follows from the meaning of these norms that the provisions of the Labor Code of the Russian Federation on the minimum duration of weekly uninterrupted rest must be observed by the employer when establishing the working hours for the employee and drawing up work schedules. It should be noted that it will not be possible to comply with the rule of the Labor Code of the Russian Federation when exercising the right of the employer granted by the Labor Code of the Russian Federation even if they are hired on one of the days off, and in this case, the duration of the weekly uninterrupted rest of the employee will be less than 42 hours. In view of the foregoing, in our opinion, part five of the Labor Code of the Russian Federation is a special norm in relation to the Labor Code of the Russian Federation and the employer has the right to involve an employee to work on weekends for two days in a row, as well as on weekends for two or more weeks in a row, subject to the conditions provided for by the Labor Code of the Russian Federation , despite the fact that at the same time the requirements for the duration of a weekly uninterrupted rest are not met by him.
Labor legislation does not establish any restrictions on the frequency or frequency of attracting employees to work on weekends. The total number of hours of work on weekends per year for each employee is not limited by regulatory legal acts. Part six of the Labor Code of the Russian Federation limits the duration of overtime work (4 hours for 2 consecutive days and 120 hours a year), and the corresponding restrictions do not apply to work on weekends and holidays, therefore, the time worked on a day off is within the limit of overtime work established by the Labor Code of the Russian Federation , not taken into account ( Supreme Court RF dated 05/21/2010 N GKPI10-182, Cassation Board of the Supreme Court of the Russian Federation dated 07/06/2010 N KAS10-309).
Therefore, the involvement of an employee with his consent to work even on all weekends during the month is not a violation of labor laws.
At the same time, it should be borne in mind that, according to the Labor Code of the Russian Federation, providing employees with days off is the responsibility of the employer. This is also confirmed by part one of the Labor Code of the Russian Federation, which establishes a ban on working on weekends. As follows from this rule, an employee can be involved in work on weekends, but only in cases provided for by the Labor Code of the Russian Federation. Along with specific circumstances that may serve as a reason for engaging an employee to work on a day off, the Labor Code of the Russian Federation contains an indication of other cases of engaging an employee to work on a day off, that is, those that are not provided for by the Labor Code of the Russian Federation. It is obvious that it is impossible to foresee all cases when an employer requires work to be done on a day off in the Russian Federation, however, the very title of the article allows us to conclude that in the absence of the circumstances specified in parts one and two of the Labor Code of the Russian Federation, we are talking about attracting employees can go to work on a day off only in exceptional cases, while the exclusivity of each individual case is determined by the employer himself. In our opinion, such an approach to the interpretation of part three of the Labor Code of the Russian Federation ensures that the employer complies with the requirements of part one of the Labor Code of the Russian Federation, part one of the Labor Code of the Russian Federation, the Labor Code of the Russian Federation, part two of the Labor Code of the Russian Federation, as well as the general legal principle of the inadmissibility of abuse of the right.
At the same time, we were not able to find court decisions on bringing an employer to administrative responsibility only for regularly involving an employee to work on weekends, while observing the procedure for registering the performance of such work and providing the employee with appropriate guarantees and compensation. However, in judicial practice there are examples that in the event of labor disputes, the actions of the employer to attract employees to work on weekends for a long period of time, along with other circumstances, can be regarded as a violation of the rights of employees (see, for example, the Federal Arbitration Court of the Urals District of September 17, 2009 N Ф09-7004 / 09-С1, of the Twentieth Arbitration Court of Appeal of 05.05.2008 N 20AP-1375/2008, of the Arbitration Court of the Ryazan Region of 11.28.2005 N А54-8394 / 2005С4).

Prepared answer:
Legal Consulting Service Expert GARANT
Naumchik Ivan

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.