How to pay for work on a day off. Work on weekends and holidays: how to apply and pay. How to arrange work on a holiday or official day off

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

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

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

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

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

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

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

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

Don't know your rights?

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

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

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

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

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

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

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

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

We arrange work on weekends and holidays

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

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

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

• goals labor activity on weekends;
• dates of additional labor;
• Ways to compensate for weekend work.

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

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

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

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

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

Work in Extra time must be formatted accordingly. Necessary:

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

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

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

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

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

Working conditions on weekends and holidays

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

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

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

Pay for work on a day off

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

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

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

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

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

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

Sample letter of consent to work on a day off

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

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

Results

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

" № 2/2017

Under what conditions is it allowed to engage in work on non-working holidays? How are the specific amounts of payment for work on a weekend or holiday determined? How is work paid on a non-working holiday with a summarized accounting of working hours? What to pay attention to when paying for work on a day off to an employee who has a traveling nature of work? What arguments did the Supreme Court of the Russian Federation cite in Ruling No. 56-KG16-22 dated November 21, 2016, when considering the case on the formation of an indicator of double pay for work on a day off?

Given the specifics of their activities, some organizations are often forced to involve employees to work on weekends. As practice shows, the issue of payment for such work is still relevant. Employees and employers do not always agree on what double wages are.

Provisions of the Labor Code on work on weekends and its payment.

By general rule established h. 1 Article. 113 of the Labor Code of the Russian Federation, work on non-working holidays is prohibited. However, the labor law provides for a number of exceptions to this rule.

The Labor Code allows for engagement to work on non-working holidays and in other cases with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization (part 5 of article 113).

For your information

With regard to certain categories of employees, the procedure for engaging in work on non-working holidays may be established by a collective agreement, a local normative act, an employment contract. So, in accordance with Part 4 of Art. 113 of the Labor Code of the Russian Federation, such categories include creative workers (in accordance with the list of works, professions, positions of these workers, approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252). When organizing labor relations with such workers, one should be guided by the Industry Agreement between the Ministry of Culture of the Russian Federation and the Russian Trade Union of Cultural Workers for 2015-2017 dated November 25, 2014.

Part 6 Art. 113 of the Labor Code of the Russian Federation establishes the categories of work, the conduct of which is allowed on non-working holidays, regardless of the presence of the above conditions:

• work, the suspension of which is impossible due to production and technical conditions, in continuously operating organizations;
• work caused by the need to serve the population;
• urgent repair and loading and unloading operations.

Part 8 Art. 113 of the Labor Code of the Russian Federation contains a requirement according to which, in all cases, the involvement of employees in work on non-working holidays must be carried out on the basis of a written order of the employer.

So, to attract employees to work on a non-working holiday, the following conditions must be met:

• Availability legal basis to attract to work on a holiday;
• written consent of the employee (except when it is not required);
• taking into account the opinion of the elected body of the primary trade union organization (in the case established by the Labor Code of the Russian Federation);
• a written order from the employer.

For your information

Performance of work on a non-working holiday is a kind of work in conditions that deviate from normal, in connection with which the employee is paid the appropriate payments provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, labor contract. At the same time, by virtue of Art. 149 of the Labor Code of the Russian Federation, the amounts of payments established by a collective agreement, agreements, local regulations, an employment contract cannot be lower than those provided for by labor legislation and other regulatory legal acts containing labor law norms.

The rules for remuneration on non-working holidays are enshrined in Art. 153 of the Labor Code of the Russian Federation. Part 1 of this article determines that work on a non-working holiday is paid at least twice the amount:

• pieceworkers - at least at double piecework rates;
• employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
• employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Specific amounts of payment for work on a weekend or holiday can be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, an employment contract (part 2 of article 153 of the Labor Code of the Russian Federation).

note

The Labor Code establishes minimum guarantees for wages on non-working holidays, which the employer can increase through contractual or local regulation.

In accordance with Part 3 of Art. 153 of the Labor Code of the Russian Federation, at the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Weekend pay at a single rate means that an employee receiving a salary is paid a single daily rate in addition to the salary. The salary (salary) in the month when the day of rest is used is not reduced.

For your information

Features of remuneration on a non-working holiday for employees who have concluded employment contracts for up to two months are given in Art. 290 of the Labor Code of the Russian Federation. For such workers, compensation is provided only in cash: at least twice the amount.

How is work paid on a non-working holiday with a summarized accounting of working hours?

The guarantees established by art. 153 of the Labor Code of the Russian Federation, apply to all employees, regardless of the working hours (five-day work week, shift schedule, etc.). However, with the summarized accounting of working time, as well as in continuously operating organizations, the rules provided for by the Decree of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 465 / P-21 “On approval of Explanation No. days" (hereinafter referred to as the Explanation).

According to paragraph 1 of the Clarification at continuously operating enterprises (in workshops, at sites, units), as well as with a summarized accounting of working time, work on holidays is included in the monthly norm of working time.

Double payment is made to all employees for hours actually worked on a holiday (clause 2 of the Clarification). When a holiday falls on a part work shift, the hours actually worked on the holiday (from 0 to 24 hours) are paid double.

Even if the employee worked on a non-working holiday in accordance with his schedule, he is entitled to increased pay. In this case, he does not have the right to provide another day of rest, since the work was carried out within the monthly norm of working time. If work on a holiday was not included in the normal working time, with the consent of the employee, monetary compensation may be replaced by providing him with another day of rest. In this case, payment for work on a holiday is made in a single amount (clause 3 of the Clarification).

On the basis of paragraph 4 of the Clarification, when calculating overtime hours, work on holidays performed in excess of the normal working time should not be taken into account, since it has already been paid in double the amount.

How is a day off on a business trip paid?

Payment for a day off or non-working holiday spent on a business trip is due to the employee if he:

• worked on that day (if there is a legal basis for engaging in such work and a written order from the employer);
• was specially sent to work on a day off;
• went on a business trip (returned from a business trip) or was on the way to the place of business trip or back.

When paying for work during a business trip, you should be guided by Art. 153 of the Labor Code of the Russian Federation, as well as clauses 5, 9 of the Regulations on business trips and Letter of the Ministry of Labor of the Russian Federation of December 25, 2013 No. 14-2-337.

As a general rule, if the employee was not provided, payment is made in the amount of at least double the daily (hourly) tariff rate (part of the salary). When providing time off, payment will be made in the amount of a single daily (hourly) tariff rate (part of the salary). Average earnings You don't have to pay for this day.

How to pay for work on a day off for an employee who has a traveling nature of work?

Payment for work on weekends to employees with a traveling nature of work is made in general order according to the rules set out in Art. 153 of the Labor Code of the Russian Federation.

In addition, when employed on weekends, workers with a traveling nature of work do not lose the right to reimbursement of expenses enshrined in Art. 168.1 of the Labor Code of the Russian Federation. That is, for the weekend spent on the road, they should also be reimbursed:

• travel expenses;
• the cost of renting a dwelling;
• additional costs associated with living outside the place permanent residence(daily allowance, field allowance);
• other expenses incurred by employees with the permission or knowledge of the employer.

Supreme Court on double pay weekends.

Ruling of the Supreme Court of the Russian Federation No. 56-KG16-22 dated November 21, 2016 considered the requirement to impose on the employer the obligation to include compensatory and incentive payments in the calculation of wages on weekends and non-working holidays.

The essence of the matter. Citizen in labor relations with the military unit, worked on weekends and non-working holidays. In accordance with the orders of the commander of the unit, several of these days were recognized as working. At the same time, compensatory and incentive payments for harmful conditions labor, length of service, "marine" allowance and bonus payments. The citizen decided that such a calculation of wages violates his rights, and went to court. The court of first instance satisfied the plaintiff's claims, agreeing that all the payments listed were due to him. The Court of Appeal took the same position. However, the citizen's employer appealed to the Supreme Court of the Russian Federation by way of cassation.

For your information

Features of the regulation of labor of persons working in organizations of the Armed Forces of the Russian Federation are provided for in Art. 349 of the Labor Code of the Russian Federation, according to which for employees who have concluded employment contracts for work, including in military units, spread labor law and other acts containing labor law norms, with features established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation. Thus, the conclusions reached by the court will be of interest to all our readers.

The position of the court. In considering the case, the court drew attention to the provisions of Art. 129 and 153 of the Labor Code of the Russian Federation. According to part 4 of Art. 129 of the Labor Code of the Russian Federation, a salary (official salary) is understood as a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments.

From the provisions of Part 1 of Art. 153 of the Labor Code of the Russian Federation in conjunction with Part 4 of Art. 129 of the Labor Code of the Russian Federation, it follows that work on a weekend or non-working holiday is paid to the employee at least twice the amount based on fixed size remuneration of his labor for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensatory, incentive and social payments. To calculate the amount of remuneration for employees receiving a salary (official salary), a daily or hourly rate (part of the salary (official salary) for a day or hour of work) is applied in excess of the salary (official salary), while other payments, except for the salary, when calculating payment Work on a weekend or non-working holiday is not taken into account.

In the reasoning part of the ruling, the arbitrators indicated: from the content of these norms it follows that when calculating wages for the period in which the employee performed work on weekends and non-working holidays, payment must be made solely on the basis of the employee’s double salary, excluding compensatory and incentive payments for length of service, the “marine” allowance, bonus payments, district coefficient, “northern” allowance (Determination of December 26, 2016 No. 56-KG16-22 “On correcting a typo in the motivational part of the Definition
Judicial Collegium for Civil Cases Supreme Court Russian Federation dated November 21, 2016 No. 56-KG16-22").

In this regard, the Supreme Court of the Russian Federation canceled the decisions of the courts of the first and appellate instances and sent the case for a new trial, since the judges had not previously taken into account that the provisions of Art. 153 of the Labor Code of the Russian Federation do not provide for payment for work on weekends and non-working holidays, taking into account other compensatory and incentive payments, except for payment for such work at least in double the amount based on the fixed amount of the employee's wages.

When attracting employees to work on a non-working holiday, the employer must comply with a number of conditions. In particular, there must be a legal basis for engaging in work on a holiday, the written consent of the employee (except when it is not required) and the written order of the employer. When calculating wages for the period in which the employee performed work on weekends and non-working holidays, payment is made solely on the basis of the employee's double salary, excluding compensation and incentive payments.

Labor legislation provides for the right of employees to rest, incl. to provide them with days off and non-working holidays. And if the holiday turned out to be a working day (paragraph 5 of article 2, paragraph 6 of part 1 of article 21 of the Labor Code of the Russian Federation)? We will tell you how to pay for such time in our consultation.

Payment on the eve of a non-working holiday

The list of non-working holidays is given in Art. 112 of the Labor Code of the Russian Federation. The duration of the working day or shift immediately preceding a non-working holiday is reduced by 1 hour (part 1 of article 95 of the Labor Code of the Russian Federation). In this case, payment for this day is made as for a fully worked day.

In the case of a going concern and certain types work, when it is impossible to reduce the duration of work (shift) on the holiday day, processing must be compensated. For this, the employee is provided with additional rest time or, with the consent of the employee, he is paid according to the norms that are established for (part 2 of article 95 of the Labor Code of the Russian Federation).

When is paid rest on a non-working holiday

For employees receiving a salary, the presence of non-working holidays in the month does not reduce the amount of salary (part 4 of article 112 of the Labor Code of the Russian Federation).

Another thing is non-salary workers (for example, pieceworkers). After all a large number of non-working holidays, for example, on New Year's holidays, can lead to the fact that monthly earnings will be significantly lower than usual. In such cases, the Labor Code provides that such employees are paid additional remuneration for non-working holidays on which they were not involved in work. Its size and payment procedure are determined by a collective or labor agreement, a local regulatory act of the organization (part 3 of article 112 of the Labor Code of the Russian Federation).

How to pay for "holiday" work

For work on a non-working holiday, payment is due at least twice the amount (part 1 of article 153 of the Labor Code of the Russian Federation):

• pieceworkers - at least at double piecework rates;
• employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
• employees receiving a salary - in the amount of at least a single daily or hourly rate (part of the salary for a day or hour of work) in excess of the salary, if work on a non-working holiday was carried out within the monthly norm of working time, and in an amount of at least double daily or hourly rates (parts of the salary for a day or hour of work) in excess of the salary, if the work was performed in excess of the monthly norm of working time.

Specific amounts of payment for work on a non-working holiday may be established by a local regulatory act of the organization, a collective or labor agreement.

Instead of increased pay, rest

For work on a non-working holiday, at the request of the employee, payment can be made in a single amount, however, the employee must be given another day of rest, which is no longer payable (part 3 of article 153 of the Labor Code of the Russian Federation).

Features of payment for shift work

If the employee works in accordance with the shift schedule and his shift coincided with a non-working holiday, such a day is also subject to payment in an increased amount. The difference in payment for processing shift schedule work is that if such work was carried out within the limits of the employee's working time for the corresponding period, it will not work to replace this day with the consent of the employee with a single payment and a day of rest (Recommendations of the Federal Service for Labor and Employment of 06/02/2014).

But if such work is done in excess of the norm of working time, the employee decides for himself - double pay or “single pay + rest”.

Article 153 of the Labor Code of the Russian Federation with comments and changes 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, 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 weekend or non-working holiday (see commentary to article 113) must be compensated. At the choice of the employee, this can be either an increased payment in the amount provided for by the collective agreement, a local regulatory act, an employment contract (and if this issue is not resolved in them, in the amount specified in the article), or the provision extra day recreation.

3. As a general rule, the rest day is not subject to payment, however, in a collective agreement, a local regulatory act, an employment contract, more favorable rules for employees may be established.

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

4. It is generally accepted that for creative workers and professional athletes there are special rules for paying for work on weekends and non-working holidays, 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 wages for work on a non-working day, as for creative workers - in a collective agreement, a local regulatory act, an employment contract. The only difference is that for all employees, except for creative ones, the local normative act is adopted taking into account the representative body of employees, if it is created (Article 8 of the Labor Code), and for creative ones - solely by the employer.

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

Breaks at work. Weekends and non-working holidays

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

See Encyclopedias and other comments on article 113 of the Labor Code of the Russian Federation

Work on weekends and non-working holidays is prohibited, with the exception of cases 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, from urgent implementation which depends in the future normal work organization as a whole or its separate structural divisions, individual entrepreneur.

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

Read also: Can an employee be fired while on parental leave?

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

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

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

Engagement of creative workers of funds to work on weekends and non-working holidays mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian tripartite regulatory commission social and labor relations, is allowed in the manner established by the collective agreement, local regulatory act, labor contract.

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

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

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

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

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

pieceworkers - at least at double piecework rates;

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

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

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

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

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government 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 collective agreement, local normative act, labor contract.

(in ed. federal law dated February 28, 2008 N 13-FZ)

(see text in previous edition)

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

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

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

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Nuances of the Labor Code of the Russian Federation

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

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

Read also: Information about wage arrears

Recruitment of ministers to work on weekends creative professions carried out according to 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 waiving the obligation to work on non-working days.

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

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

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

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

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

Compensation calculation

On piecework payment

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

• (190-20) * 150 \u003d 25,500 rubles;
• 20*150*2=6,000 rubles.

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

With hourly pay

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

The total salary will be 34,500 rubles.

At daily rate

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

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

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

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

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

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

The legislation does not clearly regulate the method of calculation. We use method 3. At 40 hour working week in 2016 there are 1974 hours, so:

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

Holiday pay will be:

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

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

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

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

What is an act of admission to the production of work - see this article.

How to write an application for joining 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 workflow. These include:
  • pregnant women;
  • minors under the age of 18 (except for creative workers, whose categories are approved by the Government of the Russian Federation, as well as athletes).
• Notifying employees in writing. It should contain information on the dates of entry to work of a certain person, indicating his full name, position, and also the name structural unit in which the citizen will be recruited.
  The letter is being drawn up in 2 copies- one for the employer with the employee's mark of familiarization, the other - for the employee himself. This document is subject to registration in the log of registration of notifications. In case of refusal of a person to familiarize, an act is drawn up.
• Obtaining the consent of the employee to engage in work, which is drawn up in writing. This paper is not regulated by law, therefore, it can be drawn up in a simple written form.
• Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note exactly what the order is the main document that serves as the basis for involving employees in such work. Therefore, it must contain information about the employee, days of going to work, as well as information about his familiarization with the document. Details of familiarization is located at the bottom of the order. The citizen puts his signature and date.
  In order to avoid further disputes, it is recommended to include in the text of the paper information about the possibility to refuse 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 register of orders for personnel with further familiarization of all employees of the organization.
• Marking data on work in the time sheet. Information in the time sheet is entered as follows: in the appropriate column opposite the name of the citizen, the code "BP" or "03" is indicated, the number of hours worked is entered.
• Compensation for the corresponding work with monetary compensation or the provision of a day of rest.