The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing working hours and shift schedules. The duration of weekly continuous rest is calculated from the end of work on the eve of the day off until the start of work on the next day after the day off. Calculation of duration depends on the working hours: type of working week, shift schedules. With a five-day work week, two days off are provided, with a six-day week, one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off in a five-day work week is established by a collective agreement or internal rules labor regulations. Typically, days off are provided consecutively.
Weekends are a type of rest time. Their distinctive feature 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.
The International Labor Organization (ILO) brought to the attention of employers in its early years that well-directed use of leisure time, by giving workers the opportunity to pursue more varied interests and by providing respite from the stress of daily work, could increase productivity and thus can help you get the most out of your workday.
It is precisely this scientific and social approach to establishing rest time that currently prevails in developed countries, where the duration of working time is limited by law or in other ways, i.e., mandatory continuous rest time is established.
In Russian legislation, the regulator of working hours during the week is Art. 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, five days with two days off, six days with one day off, a work week with days off on a sliding schedule, 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 2 of Art. 111 of the Labor Code of the Russian Federation proclaimed Sunday as a general day off. Moreover, the second day off in a five-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.
In accordance with the generally accepted ILO principle of providing workers with continuous free time whenever 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 3 of Art. 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week, alternately to each group of employees in accordance with the internal labor regulations of the organization.
According to Art. 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours. The legislative fixation of the lower limit of 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 a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activities of the state.
In addition, the very size of the minimum period of continuous free time reflects not only the social side of work activity, but also the level economic development society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.
The beginning of what is specified in Art. 110 of the Labor Code of the Russian Federation, the period 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, accordingly, from the moment he goes to work on the first day of the new calendar or work week. The specific duration of weekly uninterrupted rest depends on the work schedule established in the organization, i.e. on the type of week: 5-day, 6-day or no shift schedule, and on the employer’s calculations.
By the way, precisely for the purpose of complying with the established standard time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.
Every country in the world has its own official holidays, when the population is not involved in work, but relaxes.
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; in others - holidays are established by general normative legal acts regulating public administration.
IN Russian Federation scroll public holidays determined by Art. 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:
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.
When you read the norms of the Labor Code regarding overtime work, as well as work on weekends, they seem extremely simple. However, in practice their use causes numerous difficulties.
So, let's first look at what is written in the Labor Code.
Overtime - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period (in accordance with Part 1 of Article 99 of the Labor Code of the Russian Federation).
Part 5 of the same 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.
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 the rate, for subsequent hours - at least double the rate.
According to Article 153 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is paid at least double:
So, we have cited the norms of the Labor Code. Now let's try simple examples explain how to apply these provisions.
So, overtime work is work performed by an employee at the initiative of the employer outside the established working hours:
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 work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours at least twice the rate. Well, here too everything seems very simple.
Continuation of Example 3
Continuation of Example 4
Continuation of Example 2
Work on weekends and non-working holidays is paid at least double the amount:
Using simple examples, we explained how the law works. Now let’s look at the “tasks” that are more complicated.
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 you try to answer this question, you will find that in some cases we equate these concepts with each other, and in others we consider them different from each other. Moreover, we are usually guided by common sense, and not by the literal rule of law. Let's give a specific example.
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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, when we read the first half of this sentence, we assume that working on weekends and overtime are completely different things. And the rule 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 should not exceed 120 hours per year for each employee), most of us proceed from the diametrically opposite premise, according to which overtime and working on weekends are the same thing. And 120 hours includes work on weekends. What guides us in doing this? 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 formulated 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 per year. |
The situation is even more complicated 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 the first two hours of work at one and a half times the rate, and the next - at double the rate. If a person is hired to work on weekends, then wages for all hours will be calculated at a double rate. Reading the rules regarding payment on weekends and for overtime work, we are absolutely sure that these are different things and such work must be paid in different ways. However, usually, if an organization hires employees 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 appears to be as follows. The workers, who appear to work 8-hour shifts over a five-day work week, were brought in to work on weekends. The organization of the enterprise, having read that Article 153 of the Labor Code of the Russian Federation states that work on weekends and non-working holidays is paid at least double, and multiplied the hourly tariff rate for payment by 2. The State Labor Inspectorate considered 5 hours that were worked outside 8 hours of normal working time, overtime. Therefore, in her opinion, overtime for the first two hours should be paid according to the formula: double payment for a 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 payment (for a day off) multiplied by 2 (for overtime work). The logic seemed strange to the organization, since at first glance it seems that the double amount for working on a day off already 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 the legislation in this case can be turned this way or that way.
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 of:
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 exceeds this limit is work outside the daily work (shift). That is, it must be regarded (see point 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 the rate, for subsequent hours - at least than double the size. On the other hand, work on a weekend is always work outside the normal working hours (see point 1). After all, in this case the 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 first be paid at double the rate, multiplied by one and a half, and the subsequent hours at double the 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 conversation about payment for that day according to the rules of Article 152.
Since there is no judicial practice in applying this article, and 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 this was not classified 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: to prevent such disputes with the labor inspectorate from arising, do not force an employee to work on a day off longer than the normal working hours on weekdays.
Document fragment
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Article 104 of the Labor Code of the Russian Federation “Summarized recording of working time” In organizations or when performing individual species works where, due to production (work) conditions, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized working time recording so that the working time for the accounting period (month, quarter, etc.) does not exceed normal number of working hours. The accounting period cannot exceed one year. The procedure for introducing summarized recording of working time is established by the internal labor regulations of the organization. |
Problems often arise with the payment of overtime work and work on weekends when recording working hours together. So, let's try to figure out how payment occurs using simple examples.
Typically, summarized recording of working hours is carried out at enterprises with a shift work schedule. In this case, as a rule, either a year or a month is taken as the 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 rate, the rest - at double.
When drawing up a work schedule, you should take into account two norms of the Labor Code. Firstly, the norm according to which work for two shifts in a row is not allowed, and secondly, the norm according to which continuous 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 answer to this can be given as follows: if such an employee’s working day falls on a holiday, he must 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 weekends, the relevant norm of the Labor Code of the Russian Federation refers to the days off of specific employees, and not about generally accepted days off in general. In other words, if, for example, an employee’s working day falls on Sunday, he must be paid in a single amount, but if you ask a person to leave on the day when he is scheduled to rest, then this work must be paid double (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 production facility keeps a summary record of working hours, then a person can be forced to go on his scheduled day off, and if the number of hours in the accounting period does not go beyond the normal limits, he can be paid such work in a single size. This approach is absolutely wrong. And if on a generally recognized day off the work of the “shift worker” is paid in a single amount, then on his own - with compensation for such injustice - in a double amount.
Let's try to understand the situation described by the author of the letter. If we look at the production calendar, we 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 significantly more than normal working hours in January. But since the accounting period is a year, in subsequent months, in theory, such overtime should be compensated (that is, the person drawing up the schedule should try to make sure that the employee works 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 for 32 holiday hours, and single pay for the remaining hours (156 - 32 = 124 hours). And at the end of the year we would look at whether our employee has “extra” hours. If they were available, an appropriate additional payment would be made (taking into account that the first two hours of overtime work are paid at a single rate, and the next - at a double rate). However, the employee worked 184 hours instead of the 156 hours scheduled, 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 schedule? With such a number of hours, was it possible to comply with the legal requirements, according to which continuous weekly rest must be at least 42 hours and working in 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 double the rate. The remaining hours of work are paid in a single amount. You will determine at the end of the year whether there is any processing that needs to be paid at an increased rate.
New edition Art. 153 Labor Code of the Russian Federation
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 no less than a single 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 work on a day off or a non-working holiday was carried out within the monthly norm of working time, and in an amount of no less than 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.
Increased payment is made to all employees for 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 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 for creative workers 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 Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.
Performing work on weekends and non-working holidays in accordance with current legislation also refers to working under conditions that deviate from normal conditions. By general rule Working on weekends and non-working holidays is also prohibited.
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, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.
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.
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.
In accordance with Article 153 of the Labor Code of the Russian Federation, work on a weekend or holiday is paid at least double the amount. Employees whose work is paid according to a time system, work on a day off or a non-working holiday are paid at double hourly or daily rates. Piece workers must be paid for products produced on a weekend or holiday at no less than double piece rates. For employees receiving a monthly salary, work on a day off or a non-working holiday is paid in the amount of no less than the daily or hourly rate in excess of the salary, and if the work was performed in excess of the monthly norm - at least double the hourly or daily rate in addition to the salary.
Collective and labor agreements may provide for higher wages on holidays. If the work falls partly on a holiday, then you are paid at an increased (double) rate only for those hours that were included in the holiday (from 0 to 24 hours). At the request of the employee, increased pay for work on holidays can be compensated by providing another day of rest, but with payment at a single rate. In this case, the day off 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, professional athletes 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, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.
1. For the procedure for being hired to work on weekends and non-working 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 also determine the type of compensation. In the absence of a written application from the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, payment in an increased amount is made.
3. If an employee chooses increased payment, it will be paid at least twice as much. The procedure for determining the amount of payment depends on the remuneration system:
With the piecework payment system, piecework prices are applied, increased at least twice;
With a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice;
With a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the limits of the monthly working time standard, an additional payment is established to the official salary in the amount of no less than the hourly or daily tariff rate;
With a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out in excess of the monthly working time standard, an additional payment is established to the official salary in the amount of at least double the hourly or daily tariff rate.
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, local normative act or in employment contract. If this 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 pay.
4. When an employee chooses compensation in the form of another day of rest, the time of use of this day must be agreed upon with the employer. Using another day of rest without agreement with the employer should be considered a violation of labor discipline by the employee.
Since working 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 subject to payment.
5. Special rules for remuneration on weekends and non-working holidays are established for 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 ( exhibiting) works of professional athletes. On the one hand, the nature of the activities of such workers and such organizations requires them to work on weekends and holidays, on the other hand, these workers are equally subject to the guarantee standards of labor legislation as others. Based on this, Part 4 of Art. 153 of the Labor Code of the Russian Federation provides that the increase in wages for these persons on weekends and non-working holidays is established by an employment contract, collective agreement or local regulations of the organization, but is not limited to the minimum amount.
© New edition of the Labor Code of the Russian Federation with Comments to the articles. Latest changes, news and amendments to the Labor Code of Russia for 2017.
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 negatively affect future activities.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
Without the consent of employees, they can be recruited to work in 3 cases:
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 opportunity to refuse 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:
The Labor Code of the Russian Federation provides for the establishment of certain remuneration amounts for the conditions under consideration by collective and labor agreements, as well as other local acts of the organization.
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:
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's determine its amount wages for the past month:
In total, Nikolaev’s salary will be 31,500 rubles.
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.
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 be paid to Stepanov is 44,000 rubles.
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 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:
The additional payment for a day off will be:
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:
How to correctly write an application for connection to electronic document management- read here.
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.
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Payment for work on a day off - Labor Code regulates this issue in Art. 153 Labor Code of the Russian Federation. Work on these days is prohibited by law and is possible only in exceptional situations. A special payment procedure is an additional guarantee of workers’ right to rest.
Art. 113 of the Labor Code of the Russian Federation prohibits calling citizens to work on weekends and holidays. This is the framework that employers should build upon. The purpose of this legislative provision is proper rest for workers and care for the health of citizens. Exceptions are allowed if the following conditions are simultaneously met:
In some situations, the law allows employees to be called to work on their days off without their consent. In particular, work on weekends aimed at preventing accidents is allowed. It is also possible to call employees 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 include disabled people, pregnant women and employees with young children. The legislation gives them the right to refuse such work and sets an additional condition for being hired on weekends and holidays: a medical certificate does not prohibit the employee from being involved in work on these days.
When inviting employees to work on weekends, you need to understand How is a day off paid according to the Labor Code?. This is necessary for fair calculation of salaries for employees called to work on weekends.
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 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:
The employer can set the rules independently. In doing so, he must be guided by 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 legislation. Pay for work on days off in such a situation, it can only be changed upward, for example, the employer has the right to set payment in triple the amount or more.
Additional rest is another option for compensation for the provisions provided for in Part 3 of Art. 153 Labor Code of the Russian Federation. The conditions for its provision are as follows:
As Rostrud notes in the letter “On granting time off to an employee...” dated October 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 has the right to a full day off. An employee can apply for time off in any month. The main thing is to write an application in advance requesting additional rest instead of double payment for work on weekends and holidays.
After receiving an application from an employee to replace double pay with an additional day of rest, a corresponding order is issued. It indicates the details of the parties, the grounds for granting time off and the date. The employer can also formalize the provision of time off in the form of a resolution on the application.
Part 8 art. 113 of the Labor Code of the Russian Federation requires that employees be required to work on weekends in writing. The decision is made by the employer based on the company’s needs and characteristics labor process in the organization.
In large organizations, it is advisable for department heads to draw up a memo addressed to the manager, consisting of names and positions, indicating the reasons for attracting employees to additional work. Subsequently, based on the reports, the boss decides on the advisability of calling employees to work on a day off.
The employer's decision is formalized in the form of an order. The law does not provide for a unified form of the order, therefore it is drawn up in accordance with the rules and regulations adopted by the company personnel records management. But in any case, the document must indicate:
Employees should be familiarized with the document in advance and signed.
Additional holiday pay according to the Labor Code 2015-2016 and strict rules for engaging in work on these days are important guarantees for employees, protecting them from abuse by management and providing them with adequate rest. It is important to remember that unless otherwise provided by local acts of the organization, double holiday pay simultaneously with time off not allowed.
Sometimes production necessity forces a person to go to work and perform official duties on your day off or holiday. Payment for such work, according to the Labor Code of the Russian Federation, is made at a different increased rate.
To what extent holidays are paid and how this provision is regulated, read our article.
By law, each employee has an 8-hour working day and, accordingly, a 40-hour working week. Anything beyond these numbers is either overtime, or work on weekends, and sometimes a gross violation of rights.
Sometimes circumstances are such that an employee’s time off on a non-working day is very necessary. And the reasons behind the urgency cannot wait until after the holidays. In this case, the employer is forced to organize the work of employees outside working hours.
The most common reasons for this phenomenon are:
According to the Labor Code, for going out on a day off, a person is entitled to at least double pay. 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 double the hourly rate or double the daily rate.
Also, Labor Code articles guarantee the opportunity to take time off. However, there is one caveat here: if the employee chooses time off, then payment for the non-working shift will be made at the standard rate.
In general, you decide whether to pay or take time off yourself.
The tariff for work on days off at each enterprise is approved by a collective labor agreement or regulatory act. Such documents are approved taking into account the interests of workers, in agreement with the organization, which is a representative body of workers.
Working out on a holiday is also regulated by the Labor Code of the Russian Federation. The rate for performing work on non-working days also cannot be lower than double payment, both with the piecework and hourly payroll systems.
Also, an employee may be given time off for a holiday. You can arrange it when the need arises, but in this case, payment for the holiday will be made at the standard rate.
If the enterprise has an urgent need for employees to leave on non-working days, the manager is obliged to draw up an order.
The order must indicate: the date, the reasons why employees are required to leave, and also the approved amount of payment for this time. Based on the order, the accountant will accrue wages for the specified days at an increased rate.
A sample of such a document can be found at the following link:
If the company has a shift schedule, then there are some peculiarities when paying for holidays. So in enterprises with continuous production, payment for going out on a non-working day according to the calendar, but working according to a shift schedule, is made in double amount.
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.
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 repair work in their own apartments. This information will be especially relevant for those who have noisy neighbors who have been doing renovations 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, legislation prohibits the implementation of renovation work on weekends, and on weekdays they should begin no earlier than 9 am and end by 19 pm. The law also prohibits the use of construction tools that produce strong noise and vibration.
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 across regions, the rules for repairing an apartment can be combined into the following:
on labor issues
Work on weekends according to the Labor Code not allowed. However, there are some exceptions when employees may be required to perform work duties on weekends with or without their consent. We'll talk about them in our article.
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 work activities is possible if written consent to leave is obtained in advance. However, employees may refuse additional processing during non-working hours.
Work during additional hours must be documented accordingly. Necessary:
Sometimes obtaining the employee's consent to perform work duties on weekends is not required. These are possible subject to the following conditions in accordance with Art. 113 Labor Code of the Russian Federation:
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 prohibited to use it on weekends and by minors.
Possible options for attracting people to work in their free time must be specified in the collective agreement and other internal local acts.
If there is a need for overtime work, management issues an order to involve employees who have agreed to perform the work. It records the start date for overtime work on weekends. In the event of emergency situations, going to work on weekends and holidays can also occur by verbal order of management (before the order is issued).
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 there are no medical contraindications to working overtime.
Pay attention! 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 the event of an emergency (Article 290 of the Labor Code of the Russian Federation).
Employees are entitled to compensation for the use of personal time spent working overtime. They have the right to choose:
For those employees who are entitled to a fixed monthly salary, payment for work on weekends and holidays is made based on the daily norm, if the monthly working time norm (according to the Labor Code of the Russian Federation) is not exceeded. If the monthly working time limits are exceeded, payment for additional work on holidays and weekends is calculated at double the rate.
If an employee has requested time off, he must write a corresponding application.
The rules for calculating additional compensation for weekends and holidays do not apply to those whose regular schedule includes the possibility of working on holidays and weekends: employees with irregular working hours or shift work.
All additional conditions can be specified in the internal regulations on remuneration, the procedure for filling out which you will learn from the article “Regulations on remuneration of employees - sample 2015”.
The forms of the document confirming the receipt of the employee’s consent to work extra time are not approved by law. Each enterprise has the right to develop its own form.
A sample of an employee’s written consent to work on weekends and holidays can be downloaded on our website.
In some situations work activity during periods intended for rest (holidays, weekends), it is necessary to maintain normal operation of the enterprise. However, in most cases, employees must voluntarily agree to perform work duties outside of normal working hours. Additional labor on weekends for some categories of employees (pregnant women, minors) is prohibited.
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Work on holidaysnot the most joyful activity for employees, and in order to motivate them, the employer can increase wages during this time. But at the legislative level, wages on holidays are also regulated, and the employer must take into account the established minimums.
The days that the legislator recognizes as non-working holidays are listed in Art. 112 of the Labor Code of the Russian Federation: January 1-8, February 23, March 8, May 1 and 9, June 12 and November 4. At the same time, in certain territories, at the request of religious associations, other days may also be declared holidays.
You also need to take into account that holidays may fall on weekends. In this case, the day off is transferred to the first working day after the holiday. Moreover, when calculating wages, you need to remember that it is the day off that is being postponed, and payment for the holiday falls on exactly the date that is marked as red in the calendar.
Issues of payment for work on holidays for all categories of employees are regulated by Art. 153 of the Labor Code of the Russian Federation - and shift workers are no exception. The difference between working in shifts is that a holiday in this case is not extra work above the norm, but a normal shift within the monthly schedule. It’s just that the schedule was drawn up in such a way that someone got the job on a holiday.
However, the fact that working on a holiday was planned in advance and was not the result of an emergency situation does not mean that this should not affect wages. As a general rule, work on a holiday is paid at double the rate, and for shift workers this rule is the same, only it is implemented somewhat differently.
For working on a holiday, such an employee receives his daily/hourly rate (for regular work), plus at least one more daily/hourly rate (for going to work on a holiday). The result is a double payment.
Payment for holidays with a shift work schedule is made approximately as follows: Ivanov works 10 shifts per month with a salary of 30,000 rubles (the daily rate is 30,000 / 10 = 3,000 rubles), worked all 10 shifts in the month, but one of them fell on holiday. As a result, he receives his 30,000 rubles (monthly salary) + 3,000 rubles (daily rate) for working on a holiday - a total of 33,000 rubles.
All employees who work according to a standard schedule rest on holidays, since for them they are non-working days. Such an employee can be called to work on a holiday only after a prior order from management and only in emergency situations. Going to work on a holiday is paid, in accordance with the same article. 153 of the Labor Code of the Russian Federation, in double size.
For those workers who receive piecework wages, double piecework rates apply on a holiday. For example: Ivanov receives 100 rubles for making 1 part; on a holiday he managed to make 10 parts. The payment for this will be 10 × 100 × 2 = 2000 rubles. On a normal day, he would have received only 1,000 rubles for the same amount of work done.
Employees who were called to work on a holiday and whose work is paid according to daily/hourly tariff rates receive double the rate for that day. It should also be taken into account that such a day should not have been counted as a working day in the month.
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For example: Ivanov worked 21 days in a month where there were only 20 working days (i.e. 1 day was a holiday) at a daily rate of 2,500 rubles. This means that for the holiday he is entitled to 2500 × 2 = 5000 rubles, and for the entire month - 20 × 2500 + 1 × 5000 = 55,000 rubles.
Another feature of working during holidays is the fact that an employee may be required to work at night. Here, when calculating wages, allowances for both night time and holidays are taken into account. In accordance with the Government Decree “On the minimum amount of increase in wages for work at night” No. 554 of July 22, 2008, the answer to the question of how work at night on holidays is paid is as follows: from 22 to 6 o’clock, 20 is added to the hourly tariff rate %.
Here again there are two calculation options:
It should be noted that 20% is just the minimum level of the premium. The management of the enterprise may well make it higher by enshrining such a decision in a collective agreement and other local act.
Instead of receiving monetary compensation for working on a holiday, the employee has the right to take time off. In this case, the holiday is paid as usual, the doubling of payment is canceled, and the selected day is not paid.
The legislator has not regulated the procedure for choosing a day of rest instead of a worked holiday, but do not forget that the employee must notify the manager or accounting department about his choice before the end of the month (after all, by default he will simply be charged double pay). In addition, the rest day itself must be agreed upon with management.
As mentioned above, if work on a holiday is caused by an emergency situation, then they are involved in it by written order of the manager. This can be done, for example, in the form of an order, which the employee is introduced to under his signature. In this case, the signature under the order will simultaneously serve as confirmation of the employee’s consent to go to work on a holiday. Although such consent may well be formalized in a separate statement.
The employee responsible for recording working hours uses a time sheet in the unified form T-13 (not mandatory since January 1, 2013, but continues to be used in most enterprises) to mark going to work on a holiday. The timesheet is a primary reporting document and is subsequently used to calculate salaries.
According to the norms of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day preceding a holiday is reduced by 1 hour. Thus, if the employee has to work a standard amount of time that day, the last hour will be counted as overtime. Also, this hour will be considered overtime for employees working in shifts who, due to the nature of their activities, cannot finish work earlier.
Compensation for this hour can be of two types:
Overtime pay means that the employee receives one and a half times the hourly rate for the first two hours of overtime work and double the rate for each subsequent hour.
The norms of Article Art. 113 of the Labor Code of the Russian Federation regulates the procedure for attracting people to work on a holiday. There are two ways to organize the workflow mentioned here:
If an employee gets a job working shifts, then even before signing the employment contract, he is warned about the need to work on holidays, if so provided for in the schedule.
For other workers, access to workplace on a holiday - this is an exceptional situation, which is possible only after a written order from management and obtaining the written consent of the employee himself.
IMPORTANT! Pregnant women and minors should not be hired to work on holidays. Women who have children under 3 years of age, disabled children of any age, as well as single mothers with children under 5 years of age can be asked to go to work on a holiday only if they have no medical contraindications for this.
An employee is guaranteed to receive compensation for working on holidays. It can be expressed in the provision of time off instead of a worked holiday or in doubling the pay for going to work. Company management can increase the amount of monetary compensation and offer the employee more pay. In this case, the appropriate procedure for calculating wages on holidays should be enshrined in the company’s local act. But which days are considered holidays in the state are established only at the legislative level.
Working conditions on a holiday, a non-working day, differ from normal conditions; according to this, work on a holiday should be paid no less than double (Article 153 of the Labor Code of the Russian Federation). In this article we will look at whom an employer can hire to work on a holiday, as well as how they pay for work on holidays. Depending on the remuneration system used, payment for work on holidays will vary:
Double wages per day off is the minimum amount. Companies have the right to set a larger size. At the same time, the amount of payment is prescribed in the labor or collective agreement and the local regulatory act of the organization.
Important! If you pay for work on a day off in less than what is provided for by labor legislation, then the company will be fined in the amount of 50,000 rubles.
Until recently, organizations paid for the hours an employee worked on a day off, or for the entire day, even if he worked only a few hours. Exactly how to pay was prescribed in the company’s internal documents. Currently, hours worked by an employee on a day off are paid, even if they exceed one shift.
Payment for a holiday is calculated based on the salary or tariff rate, and allowances and additional payments are not taken into account. With the exception of employees who work in harmful and dangerous working conditions. When calculating pay for a holiday, not only the salary is taken into account, but also additional payments established in connection with harmful working conditions.
Only the hours worked by the employee are paid for the holiday, that is, it is determined how many hours (from 0 to 24) were worked on that day.
Work on holidays is marked on the report card with the abbreviation “RV”. When calculating wages, all days marked in this way are paid twice. The following formula is used for calculation:
Orv = O / Nm x V x 2, where
ORV - payment for work on days off;
O – salary;
N – standard working hours per month;
В – time that the employee worked on the day off.
If an employee chooses another day of rest, this is marked on the timesheet with the abbreviation “B” and is not paid.
Let's take a closer look at an example:
Ivanov I.I. works at the company LLC "Continent". Ivanov’s salary is 30,000 rubles. On February 23, 2018, Ivanov went to work on a public holiday and worked 6 hours. The wage regulations of Continent LLC provide for payment for work on a holiday in double the amount based on the salary. Let's calculate the employee's salary for February 2018:
Based on the work time sheet in February, 19 working days (152 hours). Ivanov worked 19 days according to schedule (152 hours) and 1 day (6 hours) - work outside the schedule.
For February the salary will be:
(30,000 / 19 x 19) + (30,000 / 152 x 6 x 2) = 32368.42
Now let's look at an example when an employee has hourly recording of working hours:
Petrov O.P. works at LLC Continent as a part-time employee. He works 4 hours a day and his salary is 15,000 rubles. Petrov worked on the day off February 23, 2018 for 3 hours. Let's calculate his salary for February:
In February, Petrov’s norm is 19 working days (76 hours). Petrov worked 20 days (79 hours), of which 19 days (76 hours) were on schedule and 1 day (3 hours) was off schedule.
(15,000 / 76 x 76) + (15,000 / 76 x 3 x 2) = 16,184.21 rubles.
Let's look at an example:
In Kolosov G.I. in February the standard working time is 152 hours. Moreover, one work shift began on February 23 at 10:00 pm and ended on February 24 at 10:00 am, that is, part of the shift fell on a holiday day off. The employee had two breaks during this shift: from 2 to 3 o'clock and from 5 to 6 o'clock. Kolosov’s salary is 45,000 rubles, according to the wage regulations, the additional payment for 1 hour of work at night is 25% of the hourly rate, and the hourly rate is calculated from the salary and the standard hours per month.
Let's calculate the salary for a shift equal to 10 hours:
We determine the hourly rate: 45,000 rubles. / 152 hours = 196.05 rubles
Salary per shift based on salary: 196.05 rubles x 10 hours = 1,960.50 rubles;
Additional payment for night hours – 196.05 rubles x 6 hours x 25% = 294.08 rubles;
Additional payment for hours worked on a holiday: 196.05 rubles x 2 hours = 392.10 rubles
Total salary per shift: 1,960.50 + 294.08 + 392.10 = 2,646.68 rubles
How the organization pays for work on a holiday is established in the labor or collective agreement, or in the regulations on remuneration. If it is necessary to make changes to regulatory documents, companies act as follows: after negotiations with employee representatives, an additional agreement to the collective agreement is drawn up, after which the additional agreement is sent to the labor inspectorate for registration, and then the additional agreement is presented to the organization’s employees under the signature.
If payment for work on a holiday is established in the wage regulations, then an order is issued to change it. There is no special form for such an order; the main thing is that an acquaintance sheet is attached to it, on which all employees put their signature confirming familiarization.
If the conditions for payment for a working holiday are provided for in the employment contract, then when changes are made, an additional agreement to it is drawn up.
The wording on remuneration for work on a holiday or day off in the company’s regulatory documents will be as follows: “for work on weekends and non-working holidays, payment is made for the hours actually worked. Employees who have a fixed salary are accrued in addition to their salary:
