Non-working holidays are established in the Russian Federation. If the vacation falls on a weekend or holiday, how to calculate vacation pay

Non-working holidays in Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees, with the exception of employees receiving a salary (official salary), for non-working holidays where they were not involved in work, additional remuneration is paid. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not grounds for a reduction wages employees receiving a salary (official salary).

In order to rational use For employees on weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Every working person has the right to rest days: holidays and weekends. They are characterized by the fact that the employee is exempt from labor responsibilities and can use this time for his own personal purposes.

What is a day off

A day off is time interval, designed for relaxation between working days. The duration of continuous rest cannot be less than 42 hours. A day off is considered to be the end of the working day before the day off and the start of a new work shift.

All organizations are required to comply with this rule, regardless of the type of activity applied. An employee's rest days depend on the shift schedule and work schedule. An employee’s right to a day off is determined by the employment contract and internal rules labor regulations.

If the organization operates on a 5-day basis working week, then employees have the right to two days off, and with a 6-day day - one day. For any number of working days per week, the total day of rest is Sunday.

The organization determines another day off in local regulations, before or after Sunday. But they can prescribe it on any other days.

Working on weekends may be only in exceptional cases. In this situation, rest is provided on any other day over the next two weeks.

What days are considered holidays?

Every working person dreams of long weekends and holidays. Calculate time to visit relatives, go out of town, take part in small trips and devote more attention to your loved ones and relatives. Our legislators are counting on this by providing the working population with at least 3 days of rest in a row throughout the year.

2018 consists of 365 calendar days. These include:

  • working days – 247;
  • holidays and weekends – 118 (20 holidays, 98 weekends).

Let's celebrate the holidays next dates:

  1. New Year and Christmas holidays from 12/30/2017 to 01/08/2018
  2. Holiday in honor of Defenders of the Fatherland from 23.02 – 25.02.2018
  3. We celebrate International Women's Day from 03/08 – 03/11/2018.
  4. Days of rest in honor of the Spring and Labor Festival from 04/29 – 05/02/2018
  5. Holiday Victory Day – 05/09/2018
  6. Celebration in honor of Russia Day from 10.06 – 12.06.2018
  7. Weekend for National Unity Day from 03.11 – 05.11.2018

If a holiday coincides with a weekend, the rest day is transferred to the next working day.

Before the start of each holiday, the working day is considered shortened. List of shortened workdays:

  • 02.2018;
  • 03.2018;
  • 04.2018;
  • 05.2018;
  • 06.2018;
  • 12.2018.

At the legislative level, holidays are specified in the Labor Code in Art. 112. The Ministry of Labor also provided for the postponement of holidays falling on weekends in 2018.

For a better distribution of rest, it is proposed to swap rest days with working days, based on Government Decree No. 1250 of October 14, 2017:

  • from Saturday 6.01 to Friday 9.03;
  • from Sunday 7.01 to Wednesday 2.05.

Saturdays become working days, and Mondays become rest days in the following cases:

  • from Saturday 28.04 to Monday 30.04;
  • from Saturday 9.06 to Monday 11.06;
  • from Saturday 29.12 to Monday 31.12.

The procedure for calculating wages for workers on rest days and holidays is regulated by Art. 153 Labor Code of the Russian Federation.

Conditions for hiring

Art. 113 of the Labor Code of the Russian Federation prohibits involving employees in performing work duties on holidays, but there are exceptions subject to certain conditions. The recommendations of Rostrud on the issue of working hours on holidays and weekends give following conditions:

  1. If the employer has a reason to involve an employee in performing work duties on rest days, which is provided for in current legislation.
  2. An order in writing from the employer.
  3. A written application from the employee for consent to go to work in free time.
  4. If there is a trade union at the enterprise, the act of taking into account the opinions of trade union members.

An employer’s basis for inviting an employee to work in his free time may be: following criteria:

  1. An organization working with a continuous production cycle.
  2. Those engaged in activities in the field of public services.
  3. Organizations engaged in loading and unloading operations and construction and installation works.

But Special attention to work on weekends some categories of employees. These are disabled people, employees with children under three years of age. They apply following conditions:

  1. For medical reasons, it is not prohibited to work on weekends.
  2. Information message to the employee about the right to refuse to work on holidays.
  3. Mandatory personal consent of the employee to perform work duties on holidays or weekends.
  4. Specify in the order the reasons, duration and list of employees involved in performing work duties on holidays.

By law, employers do not have the right to call pregnant women and minors to work during their free time.

But there are cases when employee consent is not required. According to Art. 113 Labor Code of the Russian Federation, with following conditions:

  1. Prevention unforeseen circumstances that can cause harm and damage to the organization’s property.
  2. Carrying out work in connection with emergency, as a result natural disaster or military action.

If an enterprise expects to call an employee to work in his free time, then it must be stipulated in the collective agreement and other internal regulations.

Remuneration with formulas and examples

Russian legislation provides for compensation for work in free time. These include:

  1. An increase of double or more in salary.
  2. Providing extra day time off (at the discretion of the employee).

Here are examples of calculating wages on weekends.

Piecework

Tailor Mikhina M.A. within a month, due to production needs, she was called to work on Saturday and Sunday to sew 3 suits. The price of one suit is 650 rubles. In a month (except for going out in her free time), she sewed 12 suits.

Formula for calculating piecework wages on weekends:

12 * 650 = 7800 rub. – salary accrued for 12 suits

3 * 650 * 2 = 3900 rub. – double salary accrued for work on weekends

7800 + 3900 = 11,700 rub. – monthly salary accrued

Official salary

During the month worked, the accountant worked on holidays from January 4 to January 6. The accountant's salary is 32,000 rubles, 17 working days.

32,000 / 17 * 2 = 3,765 rubles. – double wages for one day off

3765 * 3 days = 11,295 rub. – wages for holidays

32,000 + 11,295 = 43,295 rubles. – salary for the month worked

If an employee performed his work duties on a half-day holiday, then he has the right to a full day of rest.

Hourly

Sales Managers Popov A.M. and Melikhova R.A. were called to work on March 8 and worked 5 hours each. The tariff rate (hourly) is 200 rubles. Popov A.M. refused time off, and Melikhova R.A. I decided to take advantage of the extra day of rest. Let's calculate the salaries of both managers:

For Popov, the salary was: 5 * 200 * 2 = 2000 rubles.

For Melikhova R.A., the salary was: 5 * 200 = 1000 rubles.

Performing work duties on holidays should not be in permanent form. This can only happen sporadically, with the registration of all conditions and procedures enshrined in the collective agreement and legal internal acts.

About overtime work, work on holidays and weekends - in this video.

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

(edited) Federal Law dated June 30, 2006 N 90-FZ)

Article 109. Special breaks for heating and rest

For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

For workers working during the cold season outdoors or in closed, unheated rooms, as well as for loaders engaged in loading and unloading operations, and other workers in necessary cases special breaks for heating and rest are provided, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Weekends

All employees are provided with days off (weekly continuous rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 112. Non-working holidays

Non-working holidays in the Russian Federation are:

(Part one as amended by Federal Law dated December 29, 2004 N 201-FZ)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

(as amended by Federal Law No. 35-FZ dated April 23, 2012)

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

The presence of non-working holidays in a calendar month is not grounds for reducing wages for employees receiving a salary (official salary).

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated April 23, 2012 N 35-FZ)

Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of 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, the urgent completion of which depends on the future normal operation organization as a whole or its individual structural divisions, individual entrepreneur.

Involving employees to work on weekends and non-working holidays without their consent is permitted 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 employer’s property, 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 circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Attracting creative workers to work on weekends and non-working holidays mass media, cinematography organizations, television and video filming crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission social labor relations, is permitted in the manner established by a collective agreement, local regulations, or employment contract.

(as amended by Federal Law No. 13-FZ dated February 28, 2008)

In other cases, involvement in work on weekends and non-working holidays is permitted 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, it is allowed to carry out work, the suspension of which is impossible for production reasons. technical specifications(continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Introduction………………………………………………………………………………..…….2

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation………...3

1.1. Peculiarities legal regulation weekends and non-working holidays……………………………………………...3

1.2. Cases of involving employees to work on weekends and (or) non-working holidays……………………………….……...11

1.3. Rules for attracting and registering employment on weekends and (or) non-working holidays …………………17

1.4. Payment for work on weekends and (or) holidays…………….20

Conclusion………………………………………………………………………………….24

List of normative legal acts and literature…………………………...26

Introduction

Rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion. But Article 113 of the Labor Code of the Russian Federation provides for cases when the employer has the right to attract employees to work on weekends and non-working holidays. These cases are the object of my course work.

The purpose of writing a course work is to conduct comprehensive research issues of legal regulation of rest time under Russian legislation.

Achieving this goal is facilitated by solving the following tasks:

Definition of common theoretical provisions weekends and non-working holidays in accordance with the Labor Code of the Russian Federation;

Analysis of the procedure for remuneration on weekends and non-working holidays;


1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation.

1.1. Peculiarities of legal regulation of weekends and non-working holidays.

Weekends are a type of rest time. Their hallmark is that they are provided to employees for continuous 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. International organization Labor (ILO) already in the early years of its existence brought to the attention of employers that a well-directed use of leisure time, by allowing workers the opportunity to pursue more varied interests and by providing a break from the stress imposed on them by daily work, could increase productivity and output. and thus can help you get the most out of your workday.

In Russian legislation, the regulator of working hours during the week is Article 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest to all employees.

The length of the working week is provided for by the working hours regime and is established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part two of Article 111 of the Labor Code of the Russian Federation proclaims Sunday as a general day off. Moreover, the second day off in a 5-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, however, other options are possible, since part two of Article 111 of the Labor Code of the Russian Federation stipulates that both days off, “as a rule,” ", are provided on a contract basis.

In accordance with the generally accepted ILO principle of providing workers with continuous free time “as far as possible,” employers are given the right to choose in establishing days off, taking into account the requirements various industries economies, local customs and the differing abilities and skills of different groups of workers. This principle was reproduced in part three of Article 111 of the Labor Code of the Russian Federation, which established 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 to each group of workers in accordance with the rules of internal labor organization routine.

According to Article 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours. Legislative support lower limit This period of time reflects the seriousness of the state’s attitude to a complex of various aspects of the physical, mental and social well-being of workers. After all, a lack of free time can ultimately have an impact negative impact on their participation in society and disrupt social contacts, of which, in fact, the activities of the state consist. In addition, the very size of the minimum period of continuous free time reflects not only the social aspect labor activity, but also the level of economic development of society - in developed countries it is greater, and in developing countries it is less.

The beginning of the period specified in Article 110 of the Labor Code of the Russian Federation is calculated from the moment the employee finishes work on the last day of the calendar or work week (when working on a shift schedule), and the end, respectively, from the moment he goes to work on the first day of the new calendar or work week.

By the way, precisely for the purpose of complying with the established standard time for weekly rest, part three of Article 95 of the Code establishes a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.

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 dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Public Holidays”; in others, holidays are introduced and abolished by separate acts (for each specific day), thirdly, holidays are established by general normative legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by Article 112 of the Labor Code of the Russian Federation. After amendments were made to it by Federal Law No. 201-FZ of December 29, 2004, non-working holidays in the Russian Federation are:

Without going into an analysis of the legality of these holidays from the point of view of the correspondence of the above articles of the Constitution of the Russian Federation and Articles 5, 6 and 112 of the Labor Code of the Russian Federation, we note that Article 112 of our main Code does not exhaust non-working holidays.

According to part two of Article 112 of the Labor Code of the Russian Federation, if a non-working holiday falls on a day off, then the day off is transferred to the next working day after the holiday.

Here it is necessary to note that for holiday non-working days, which are established by the legislation of the constituent entities of the Russian Federation, the legislative acts introducing these holidays provide for a similar transfer procedure: if a day off and holidays coincide, the day off is transferred to the next working day after the holiday.

The clarification, in particular, provides that the transfer of days off that coincide with holidays is carried out in organizations that apply different work and rest regimes, in which work is not carried out on holidays. This applies equally to work modes with both permanent fixed days off by day of the week and sliding days of rest.

Work and rest regimes that provide for work on holidays (for example, in continuously operating organizations or those associated with daily services to the population, round-the-clock duty, etc.) do not apply to the specified provision on the transfer of days off.

In addition to the automatic transfer of days off, part five of Article 112 of the Labor Code of the Russian Federation provides that in order to rationally use weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer days off to other days. A draft resolution on such a transfer is being prepared by the Russian Ministry of Health and Social Development. The Government of the Russian Federation reviews it and either accepts the proposals of the Ministry and issues a resolution, or edits them.

In practice, the decision to postpone a day off is made by the Government of the Russian Federation when there is 1 working day between a holiday and a day off and it is necessary to choose in which direction to shift the continuous rest of workers - i.e. start it already on holidays or only on weekends. For example, by Decree of the Government of the Russian Federation dated December 27, 2004 No. 845 “On postponing the day off in 2005,” this year the day off from Saturday, March 5, was moved to Monday, March 7.

Here it is necessary to pay attention to the Explanation of the Ministry of Labor of Russia dated 02/25/1994 No. 4 “On the duration of work on a day off, transferred due to a holiday to a working day” (approved by Resolution of the Ministry of Labor of Russia dated 02/25/1994 No. 19), according to which “in those cases when, in accordance with a 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) must correspond to the duration of the working day to which the day off was transferred.”

The duration of work on a pre-holiday day is not reduced in the cases established by part two of Article 95 of the Labor Code of the Russian Federation. So, in a continuously operating organization this is impossible due to the fact that as the duration of work of one employee decreases, the duration of another (shift worker) increases, for the reason that the employee’s labor function cannot be terminated due to technical conditions (for example, the driver cannot stop the train) . Can't finish an hour early individual species work (for example, when the technological cycle of product manufacturing necessitates the presence of an employee at the workplace for a strictly established time).

From the first part of Article 152 of the Labor Code of the Russian Federation, it follows that the employer, when deciding the issue of compensation for overtime, must make a payment or offer the employee additional rest time, and Article 95 of the Code, on the contrary, that without consultation with the employee he must compensate for overtime by providing additional rest time , but to pay for overtime he will need the employee’s consent. Since Article 95 of the Labor Code of the Russian Federation prevails to resolve the issue of compensation for overtime on a pre-holiday day, employers should be guided by its norms.

The employer can obtain the employee’s consent to “paid” compensation immediately before payroll. The amount of compensation is determined in the manner established by part one of Article 152 of the Labor Code of the Russian Federation: overtime work paid for the first 2 hours of work at least one and a half times the rate, for subsequent hours - at least double the rate. What else an employer needs to think about on the eve of non-working holidays is the payment of wages. According to part eight of Article 136 of the Labor Code of the Russian Federation, if the payment day coincides with a non-working holiday, payment of wages is made on the eve of this day. The law does not provide for the transfer of wages to post-holiday days.

1.2. Cases of involving employees to work on weekends and (or) non-working holidays.

According to part one of Article 113 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is, as a rule, prohibited. At the same time, Article 113 of the Labor Code of the Russian Federation itself provides for exceptions to this general “rule”.

The first exception. According to part two of Article 113 of the Labor Code of the Russian Federation, employees are hired to work on weekends and non-working holidays with their written consent in the following cases:

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

2) to prevent accidents, destruction or damage to property;

3) to perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual divisions depends.

The list of these cases is closed and is not subject to broad interpretation.

Judicial practice shows that in order to legally engage someone to work on a day off or a non-working holiday, it is not enough for the employer to simply indicate the appropriate case: for each group of circumstances listed in the second part of Article 113 of the Code, there are legally significant criteria that determine the possibility of such engagement .

Such criteria in general view are:

a) the reality (reality) of the event, the consequences that occurred, as well as the cause-and-effect relationship between them;

b) the need for an urgent response from the employer;

c) adequacy of response to the current situation.

Let us consider each group of circumstances specified in part two of Article 113 of the Labor Code of the Russian Federation in detail.

1. Prevention of an industrial accident, catastrophe, elimination of the consequences of an industrial accident, catastrophe or natural disaster. This group cases consists of two independent subgroups:

1.1. Prevention of industrial accidents, disasters. For this subgroup a necessary condition recognizing the employer's actions as lawful in attracting employees to work on a non-working day are:

a) the reality of the threat of an industrial accident or catastrophe;

b) the adequacy of the employer’s response, that is, the effectiveness and appropriateness of the response chosen by the employer to eliminate this threat;

1.2. Elimination of the consequences of an industrial accident, catastrophe or natural disaster. For these cases, the employer must justify:

a) the reality (validity) of an industrial accident, catastrophe or natural disaster and the resulting consequences, as well as the cause-and-effect relationship between them;

b) the need for an emergency response from the employer (i.e. the need to act immediately, for example, to prevent even greater negative consequences);

c) the adequacy of the response to the current situation (whether there was a need to involve all employees of the organization or, for example, it was possible to limit ourselves to using only repair personnel).

2. Prevention of accidents, destruction or damage to property. For this group of cases, the legally significant conditions for attracting employees to work on weekends and (or) non-working holidays are:

a) the objectivity (reality) of the threat of accidents, destruction or damage to property; b) the adequacy of the employer’s response, that is, the effectiveness and appropriateness of the response method chosen by the employer to eliminate this threat.

For the cases specified in paragraphs 1 and 2, it must be borne in mind that by preventing accidents, catastrophes (as well as accidents), etc. is understood as a whole complex of measures of an organizational or technical nature, carried out in advance and aimed at preventing the occurrence or maximally reducing the risk of occurrence of the listed situations, as well as preserving the health and life of people, reducing the amount of damage to the environment natural environment and material losses in case of their possible occurrence. This means that if a dispute arises in connection with the application of part two of Article 113 of the Labor Code of the Russian Federation, the employer’s actions to attract employees to work on weekends and (or) non-working holidays will also be assessed from this point of view. Based on this, an employer who, for example, on June 12 attracted all employees to perform their work duties due to an industrial accident that occurred in one of their workshops, will have to explain how employees of the accounting department or personnel training department eliminated the consequences of this accident.

3. Carrying out previously unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual divisions depends. This group of circumstances is most often interpreted arbitrarily by employers.

When inviting employees to work on a day off and (or) a non-working holiday for this reason, the employer must justify that:

a) the work in which he involves workers could not be predicted and planned in advance, and, therefore, carried out in advance;

b) the need for urgent work became obvious only on the eve of a weekend or non-working holiday;

c) the normal operation of the organization or its individual divisions depended on the immediate execution of work.

The second exception. Part three of Article 113 of the Labor Code of the Russian Federation stipulates that creative workers of cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses, the media, and professional athletes are allowed to work on weekends and non-working holidays.

Exception three. Part four of Article 113 of the Labor Code of the Russian Federation provides that employment on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization. Thus, the employer can bring employees to work on weekends and holidays in cases where it considers it appropriate and fulfills two conditions:

1) receive written consent from employees;

2) will conduct preliminary consultations with the elected trade union body of the organization and take into account its opinion.

It follows that the involvement of workers in these types of work does not involve the employer taking additional actions - obtaining the written consent of the workers and taking into account the opinion of the elected trade union body. But at the same time, it cannot be said that in this case the employer is given the opportunity to be arbitrary and involve all employees of the organization to work on holidays.

As already noted, part four of Article 112 of the Labor Code of the Russian Federation does not oblige employers to obtain written consent from employees whenever they are hired to work on a non-working holiday. But they still need to obtain consent in principle to involve workers in work on holidays, and such consent is formally obtained upon hiring and concluding an employment contract. By putting his signature in the employment contract, which stipulates that the specifics of the work assigned to the employee include work on weekends and non-working holidays in accordance with shift (work) schedules, the employee thereby gives his consent to work on holidays.

Despite the fact that the exception in question provides for the possibility of working on a non-working holiday for more simple rules, payment for such work must be made in the manner established by Article 153 of the Labor Code of the Russian Federation.

1.3. Rules for attracting and registering employment on weekends and (or) non-working holidays

Articles 112 and 113 of the Labor Code of the Russian Federation determine the rules for attracting workers to work on weekends and non-working holidays.

Regardless of the circumstances due to which employees are required to work on weekends and (or) non-working holidays, the employer is obliged to issue a written order (instruction). This follows from part six of Article 113 of the Labor Code of the Russian Federation, according to which employees are recruited to work on weekends and non-working holidays by written order of the employer.

This requirement also applies to some cases specified in part four of Article 112 of the Labor Code of the Russian Federation. If the procedure for attracting the main production personnel of continuous production organizations is defined in local regulations, then a specific list of employees working on weekends and non-working holidays is determined in work schedules (shifts).

As already noted, obtaining the employee’s written consent in cases provided for in part four of Article 112 of the Labor Code of the Russian Federation is not provided for by the Code itself.

Based on the provisions of Article 113 of the Labor Code of the Russian Federation, the employer must:

a) obtain the written consent of employees to engage them in work on a day off and (or) a non-working holiday;

b) issue a written order (instruction) to attract employees to work on a day off and (or) a non-working holiday.

Here, office work can be organized according to the following schemes:

Stage 1, management (represented by the head of the organization) decides on the need to work on weekends and (or) non-working holidays. This decision may be communicated to the HR department different ways, for example, in the form of a separate order (instruction), which states the need and (or) holiday, identifies groups of personnel (and not a specific list of names) that should be involved in work, and gives an order to obtain the written consent of employees to work on days off and/or holiday. Such an order (instruction) may specify the terms of payment for work on weekends and holidays;

Stage 2: the personnel department, based on a management decision, begins the procedure for obtaining employees’ consent to work on a weekend and (or) holiday. When compiling lists of employees whose involvement has become necessary, it is necessary to separately highlight those categories for which the legislation provides certain guarantees. There are various ways to obtain the employee's written consent. The most common is for an employee to submit an application for consent to be hired to work on a weekend and (or) a non-working holiday. To facilitate this procedure, the personnel department can produce stencil application forms in which employees will only need to indicate the date and sign.

Stage 3: based on the received written consent to work on a day off and (or) a non-working holiday, the personnel service prepares a specific order, which contains an order to involve consenting employees to work on a day off and (or) a non-working holiday (a specific list is provided employees) and the accounting department’s order to pay for work on that day. It is advisable to formulate the first administrative point of such an order as established in Article 113 of the Labor Code of the Russian Federation.

You can simplify the described procedure by omitting the 1st stage and immediately issue an order (instruction) to attract employees to work on a day off and (or) a non-working holiday. However, this does not exempt HR employees from familiarizing employees with the order (instruction) and obtaining their written consent.

As for putting notes on familiarization with the order (instruction) on employment on weekends and (or) non-working holidays directly in the text of the order (instruction), then the position of state labor inspectors should be taken into account, which is that the notes on familiarization with the order (instruction) does not mean the employee’s consent to work on a holiday. If one employee is involved in work on a holiday, a non-working day, this issue can still be resolved by putting a note in the order (instruction) by the employee, not about familiarization, but about consent to work on the holiday.

1.4. Payment for non-working holidays.

Since January 1, 2005, Article 112 of the Labor Code of the Russian Federation has been applied in a new edition - with a new part three included in Article 112 by Federal Law No. 201-FZ of December 29, 2004.

According to this norm, “workers’ wages in connection with non-working days does not decrease"; “piece workers for non-working holidays are paid, the amount of which is determined by the local regulatory act of the organization, adopted taking into account the opinion of the elected trade union body, a collective agreement, agreements, and an employment contract.”

The first sentence of the new part three of Article 112 of the Labor Code of the Russian Federation should be regarded as a warning to employers against attempts to reduce the wages of employees receiving a monthly salary due to excessively long holidays. But the second proposal is a new provision for Russian labor legislation.

To resolve issues with the payment of such days to piece workers, the organization must adopt a single local regulatory act, designed for repeated application. If there is an elected trade union body in the organization, such an act must be adopted taking into account its opinion; in the absence of such - by approval by the head of the organization.

Issues of payment to piece workers on non-working holidays can be resolved in a separate local regulatory act, for example, in the “Regulations on payment of non-working holidays” or in the general local regulatory act in force in the organization on the remuneration of workers.

The new norm of Article 112 of the Labor Code of the Russian Federation provides for several ways to resolve the issue of payment for non-working holidays and is not limited only to local regulations.

Thus, the employer can set the amount of payment to piece workers for non-working days in a collective agreement.

If this issue is resolved in an agreement that applies to the employer, then the adoption of a separate local act will not be necessary.

Finally, taking into account that changes to Article 112 of the Labor Code of the Russian Federation are of an indefinite nature, the employer, guided by the new part three of this article, can make appropriate changes to employment contracts with piece workers, directly establishing in them the amount and terms of payment for non-working holidays.

However, it seems that this payment should be appropriately justified.

To resolve the issue of establishing the amount of this payment in specific organization it is necessary, first of all, to be guided by its financial capabilities and, in addition, proceed from its economic sense: payment for non-working holidays is not wages, since the employee does not produce products, but a guarantee or rather compensation.

Consequently, even the most minimal payment will also be considered the fulfillment by the employer of the obligation provided for in part three of Article 112 of the Labor Code of the Russian Federation, provided that its amount is determined in established by law ok.

If you have a good financial base and large number accountants for piece workers can be retained average earnings. However, this methodology is acceptable for large organizations whose accounting departments may have the additional responsibility of calculating average earnings for each non-working holiday. For small organizations with a limited staff of accountants, this approach may seem overly burdensome.

Representatives of all-Russian trade union associations have prepared recommendations for employers to pay 2/3 of the tariff rate (salary) - as for downtime for reasons beyond the control of the employer and employee.

Conclusion.

According to Article 37 of the Constitution of the Russian Federation - “everyone has the right to rest” - and along with securing the basic forms of rest (weekends and holidays, paid annual leave), it guarantees to those working under an employment contract the duration of working hours established by federal law.

Article 106 of the Labor Code of the Russian Federation defines rest time as the time during which the employee is free from performing work duties and which he can use at his own discretion.

Since weekly weekends are mostly “tied” to the calendar week, situations arise almost every year in the country when weekends coincide with non-working holidays.

Part two of Article 95 of the Labor Code of the Russian Federation proceeds from the fact that compensation for overtime should begin with offering the employee additional rest time. The article is silent about how long this rest should be. However, Article 152 of the Code answers this question: “overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.” To avoid misunderstandings with employees, we recommend defining the conditions for providing this time in the organization’s local regulations, including, for example, providing for the possibility of summing up these hours until full time off.

Since both representatives of all-Russian associations of trade unions and representatives of all-Russian associations of employers realize that the lack of clarity on the application of part three of Article 112 of the Labor Code of the Russian Federation can lead to labor conflicts, they decided to prepare a bill to introduce appropriate changes to Article 112 of the Labor Code of the Russian Federation.

Regulations

1. The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993 // Russian newspaper dated December 25, 1993 No. 237.

2. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ // SZ RF 2002. No. 1. Art. 3.

3. Commentary (article by article) to the Labor Code of the Russian Federation of official bodies / Ed. Yu.A. Vasina. – M.: Index Media, 2006. – P. 878.

4. Commentary on the Labor Code of the Russian Federation / Rep. Ed. Yu.P. Orlovsky. – M.: Infra-M, 2006. – P. 563.

5. Commentary on the Labor Code of the Russian Federation (article-by-article). New edition/O.V.Smirnov; responsible editor M.O.Buyanova, I.A.Kostyav. - 5th ed., revised. and additional -M: KNORUS, 2006. P. 315.

6. Commentary on the Labor Code of the Russian Federation (article-by-article) / Ed. ON THE. Brilliantova. – M.: TK Welby, 2005. – P. 824.

Bibliography

7. Astakhov P.A. Employee and employer: controversial issues. – M.: Eksmo, 2008.

8. Bocharnikova M.A. Time relax // Labor law, 2004. - No. 4/5. – P. 69 – 74.

9. Buyanova A.V. Features of the legal regulation of the labor of minor workers // Labor Law, 2005. - No. 6. – P. 76 – 81.

11. Vasilyeva M. Employee’s rest time // Economic and Legal Bulletin, 2003. - No. 3. – P. 60 – 93.

12. Gavrilina A. Guarantees and compensation // Economy and Law, 2002. - No. 9. – P. 14 – 33.

13. Grudtsyna L.Yu. Personnel officer: practical guide. – M.: Eksmo, 2007.

14. Danilov E.P. Labor disputes. Comments. Judicial and legal practice. Sample documents. – M.: Knorus, 2006. – P. 643.

15. Danilov E.P. Legal consultation. Labor disputes. Answers to the most common questions. – M.: Knorus, 2006. – P. 236.

16. Dyagtereva G.G. Labor relations: a guide to questions and answers. – Rostov-on-Don: Phoenix, 2007.

17. Isaycheva E.A. Encyclopedia of Labor Relations. – M.: Alfa-Press, 2007.

18. Kiselev I.Ya. Foreign labor law. - M: Publishing group "Norma - Infra-M", 2005. - P. 244.

19. Kondratyeva E.V. Working time and rest time: thematic special issue // Labor Law, 2005. - No. 12. – P. 3 – 151.

20. Korshunova T.Yu. Practical problems of providing annual paid leave // ​​Personnel Directory, 2007, No. 4. P. 7.

21. Korshunova T.Yu. Realization of the right to rest: improvement of the legal mechanism // Labor Law, 2005. - No. 1. – P. 58 – 66.

22. Peleshenko Yu.I. Working time and rest time: new in labor legislation// Legal Consultant, 2002. - No. 11. – P. 21 – 28.

23. Penyaeva E.L. Types of vacations // Taxes, 2007. - No. 19. – pp. 14 – 17.

24. Trukhanovich L.V., Sarkisyants E.A. Article 112 of the Labor Code of the Russian Federation: problems of using the New Year’s “gift” // Personnel of the enterprise No. 3/2005. - P. 65.

25. Khokhlov E.B. Some current problems of the theory and practice of modern Russian labor law // Izvestia of the Higher educational institutions. Jurisprudence, 2006. - No. 4. – P. 50 – 67.

26. Chernyaeva D.V.. The right to rest. International standards and Russian labor law // Personnel Directory, 2006, No. 9. pp. 31 – 32.


The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993 // Russian newspaper dated December 25, 1993 No. 237.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ // SZ RF 2002. No. 1. Art. 106.

Bocharnikova M.A. Rest time // Labor Law, 2004. - No. 4/5. – P. 69 – 74.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ // SZ RF 2002. No. 1. Art. 3.

Article 153 of the Labor Code of the Russian Federation with comments and amendments for 2016-2017.

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

1. Article 153 of the Labor Code of the Russian Federation provides that specific amounts of remuneration for work on weekends and non-working holidays are established in a collective agreement, a local regulatory act, or an employment contract. This provision emphasizes that the dimensions established by the commented article are minimal. They can be increased by agreement of the parties to the social partnership or the parties to the employment contract. This can also be done in a local regulatory act, which in this case should be adopted taking into account the opinion of the representative body of workers.

2. Work on a day off or a non-working holiday (see commentary to Article 113) must be compensated. At the employee’s choice, this can be either increased pay in the amount provided for by the collective agreement, local regulations, employment contract (and if this issue is not resolved in them, in the amount specified in the article), or the provision of an additional day of rest.

3. By general rule a day of rest is not subject to payment, however, a collective agreement, a local regulatory act, or an employment contract may establish more preferential rules for employees.

The time of use of the rest day is determined by agreement of the parties.

4. It is generally accepted that special rules for payment for work on weekends and non-working holidays are established for creative workers and professional athletes, but this is not entirely true. Part one of Article 153 of the Labor Code of the Russian Federation establishes the minimum amount of payment, which under no circumstances can be reduced. Part two for all employees establishes the same procedure for determining specific amounts of remuneration for work on a non-working day as for creative workers - in a collective agreement, local regulation, or employment contract. The only difference is that for all workers, except creative ones, the local normative act is adopted taking into account the representative body of workers, if it is created (Article 8 of the Labor Code), and for creative workers - solely by the employer.

The list of professions for creative workers has not yet been approved.

Work breaks. Weekends and non-working holidays

Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

See Encyclopedias and other comments to Article 113 of the Labor Code of the Russian Federation

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

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

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

Read also: Transfer of conscripts to the reserve

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 employer’s property, 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 circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these workers, 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, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

In other cases, involvement in work on weekends and non-working holidays is permitted 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, it is allowed to carry out work, 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.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

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

for piece workers - no less than double piece 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 salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working time standard.

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

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

Remuneration for work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical 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 workers, 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, local normative act, employment contract.

(as amended by Federal Law No. 13-FZ dated February 28, 2008)

(see text in the previous edition)

Registration and payment for 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 the organization has previously unforeseen work, the failure of which may adversely affect future activities.

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

It's fast and for free !

Nuances according to the Labor Code of the Russian Federation

Without the consent of employees, they can be recruited to work in 3 cases:

  • To prevent accidents and natural disasters.
  • To eliminate accidents and destruction of the employer’s property.
  • For work in conditions of emergency or martial law, etc.

Read also: Report on voluntary dismissal

Servants of creative professions are recruited to work on weekends in accordance with the list approved by the Government of the Russian Federation.

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 refusing the obligation to work on non-working days.

The Labor Code establishes the employer's obligation to pay double the amount of severance pay. in particular:

  • employees piecework- according to double standards;
  • persons whose wages are calculated by hours and days - at double tariff rates;
  • employees whose salary is calculated based on the established salary - no less than the daily norm (in the case of work performed within the monthly standard) and no less than twice the daily norm (in 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 employment contracts. as well as other local acts organizations.

Upon written request from an employee who worked on the weekend, the employer may provide him with extra day off. Remuneration in this case is paid according to the following scheme: the amount of payment for a non-working day worked is calculated in the usual amount, and the rest day is not paid.

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

Calculation of compensation

With piecework payment

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. Let us determine the amount of his salary for the past month:

  • (190-20)*150=25,500 rubles;
  • 20*150*2=6,000 rubles.

In total, Nikolaev’s salary will be 31,500 rubles.

For hourly wages

Mechanic Kirillov G. worked 130 hours in a month, including 8 hours on Sunday. The hourly rate of a mechanic is 250 rubles. Let us determine the amount of Kirillov’s salary for the past month:

The total salary will be 34,500 rubles.

At daily rate

Painter Stepanov P. worked 20 working days in a month, including 2 days on holidays. The daily rate is 2000 rubles. Let's determine the amount of wages for the past month:

The amount to pay Stepanov is 44,000 rubles.

With a salary system (exceeding the established working hours)

Watchman Kopylov L. 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, compensation for a day off must be paid in double amount.

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

  • the ratio of salary to standard working hours according to the production calendar;
  • the ratio of salary to standard working hours according to the employee’s schedule;
  • the ratio of 12 salaries to the standard working time for the year.

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

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

The additional payment for a day off 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 standard working time in this case is 143 hours, and based on the conditions it does not exceed the standard, then labor compensation for a day off must be paid in the usual amount.

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

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

What is an act of permission to carry out work - see this article.

How to correctly draw up an application for connection to electronic document management - read here.

Registration procedure

  • It is necessary to exclude persons who, in accordance with Labor Code cannot be involved in the output work process. These include:
    • pregnant women;
    • minors under the age of 18 (with the exception of creative workers, whose categories are approved by the Government of the Russian Federation, as well as athletes).
  • Notifying employees in writing. It must contain information about the dates of entry to work of a certain person, indicating his full name, position, as well as the name of the structural unit in which the citizen will be recruited to work.
    The letter is being drafted in 2 copies– one for the employer with a note from the employee about familiarization, the other – for the employee himself. This document is subject to recording in the notification log. If a person refuses to familiarize himself, a report is drawn up.
  • Obtaining the employee’s consent to be hired, which is documented in writing. This paper is not regulated by law, so it can be drawn up in simple written form.
  • Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note that exactly 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, the days he went to work, as well as information about his familiarization with the document. The acquaintance details are located at the bottom of the order. The citizen puts his signature and date.
    To avoid further disputes, it is recommended to include in the text of the paper information about the possibility of refusing such work. If you refuse to familiarize yourself with the document, it is recommended to record this fact in the act.
  • Registration of paper in the order register for personnel with further familiarization of all employees of the organization.
  • Marking work data on the time sheet. The information in the report card is entered as follows: in the corresponding column opposite the citizen’s last name, the code “BP” or “03” is indicated, and the number of hours worked is entered.
  • Compensation for relevant work with monetary compensation or the provision of a day of rest.