Labor Code of the Russian Federation weekends and holidays. Official holidays and weekends in Russia

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

Weekend

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

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

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

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

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

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

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

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

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

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

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

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

Non-working holidays

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

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

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

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

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

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, local regulatory act, labor contract (and if this issue is not resolved in them, in the amount specified in the article), or the provision of an additional day of rest.

3. 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.

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

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

Read also: Upon termination of the employment contract at the initiative of the employee

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

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

(see text in previous edition)

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

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

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

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

It's fast and for free !

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: If the vacation is from the 1st day of what month of accrual

Attracting to work on weekends servants of creative professions is carried out in accordance with the list approved by the Government of the Russian Federation.

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

Determine the hourly rate. There are 3 ways to calculate it:

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

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

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

Holiday pay will be:

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

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

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

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

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

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

Registration procedure

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

At the beginning of summer, the Federal Service for Labor and Employment at a meeting of the working group on informing and advising employees and employers on compliance with labor laws and regulations containing labor law norms, Protocol No. 1 dated 06/02/2014<1>approved the Recommendations regulating the procedure for granting non-working holidays to employees.

Rostrud considered in some detail various issues of recruitment to work on holidays, touching, in particular, on the redistribution of working time and rest time in connection with holidays, recruitment to work on non-working holidays and the procedure for their payment.

It should be noted that recently the Federal Service for Labor and Employment regularly "pampers" employers with its recommendations. This time, the clarifications of Rostrud touched on non-working holidays. We will study what advice the department gave to employers.

Establishment of holidays

The employee has the right to rest, including that provided by the provision of non-working holidays. This is stated in par. 6 h. 1 tbsp. 21 of the Labor Code of the Russian Federation.

According to Art. 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are:

Moreover, the above non-working holidays are established throughout the Russian Federation. According to Rostrud, this follows from Part 1 of Art. 13 of the Labor Code of the Russian Federation, according to which federal laws and other regulatory legal acts of the Russian Federation containing labor law norms are valid throughout Russia, unless these laws and other regulatory legal acts provide otherwise.

For your information. Article 22 of the Labor Code of the Russian Federation states that the employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms. This means that this list is mandatory for all employers. They are not entitled to approve and apply a schedule of non-working holidays that differs from that established in the Labor Code of the Russian Federation.

However, they have the right to expand it. Recall that employers adopt local regulations containing labor law norms within their competence in accordance with labor legislation. Moreover, these norms can improve the position of workers in comparison with the established ones (parts 1 and 4 of article 8 of the Labor Code of the Russian Federation).

In addition to national holidays, in the constituent entities of the Russian Federation Additional religious holidays may be set. True, the provision on additional holidays in the regions was not fixed by the Labor Code of the Russian Federation, but by another regulatory act - clause 7 of Art. 4 of the Federal Law of September 26, 1997 N 125-FZ "On Freedom of Conscience and Religious Associations".

For this, the following conditions must be met:

- the holiday has a religious orientation;

- a request for a non-working holiday was received from a religious organization;

- the decision was made by the state authority on the territory of a particular subject of the Russian Federation.

By the way, due to the fact that the norm was established by a different federal law, and not by the Labor Code of the Russian Federation, several years ago a dispute on this issue reached the Presidium of the Supreme Court of the Russian Federation.

Arbitrage practice. A citizen of Bashkiria disputed para. 3 and 4 paragraph 1 of Art. 1 of the Law of the Republic of Bashkortostan dated February 27, 1992 N ВС-10/21 "On holidays and memorable days, professional holidays and other significant dates in the Republic of Bashkortostan", according to which two non-working holidays are established in the Republic of Bashkortostan - Uraza Bairam and Kurban Bairam .

In Resolution No. 20-PV11 of December 21, 2011, the Presidium of the Supreme Court of the Russian Federation upheld the decision of the court of first instance and canceled subsequent court decisions, indicating that the norms of the current legislation do not exclude the right of the state authority of the constituent entity of the Russian Federation in the relevant territory to declare non-working (holiday) days about religious holidays.

A similar position was later confirmed by Rostrud in Letter No. 697-6-1 of September 12, 2013.

Redistribution of working time and rest time

As a general rule, if a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday (part 2 of article 112 of the Labor Code of the Russian Federation).

In 2012, Federal Law No. 35-FZ of April 23, 2012 “On Amendments to the Labor Code of the Russian Federation and Article 122 of the Code of Civil Procedure of the Russian Federation” was adopted, which allowed the Government of Russia to postpone days off coinciding with the New Year holidays and Christmas , on other days in the next calendar year (part 5 of article 112 of the Labor Code of the Russian Federation).

The same rule of transferring a day off, if it coincides with a holiday, to the next working day, also applies to regional religious holidays. The fact is that the legislator does not establish specific features for them and does not provide for the possibility of introducing a different procedure.

To transfer, first, a federal law or a regulatory legal act of the Government of the Russian Federation must be adopted. Secondly, the deadline for its official publication must be observed.

For resolutions of the Government of Russia (part 5 of article 112 of the Labor Code of the Russian Federation):

- not later than one month before the corresponding calendar year;

- not later than two months before the calendar date of the day off to be established.

For example, Decree of the Government of the Russian Federation of May 28, 2013 N 444 “On the postponement of holidays in 2014” (hereinafter referred to as Decree N 444) was published on June 1, 2013 on the official Internet portal of legal information www. right. gov. ru.

For your information. The rule on the postponement of days off that coincide with non-working holidays does not apply to all employers. In particular, it does not affect those who apply different modes of work and rest when work is carried out on non-working holidays. This procedure for transferring days off coinciding with non-working holidays applies to work modes both with constant days of the week fixed on the days of the week, and with sliding days of rest.

This is evidenced by clause 2 of the Procedure for calculating the norm of working hours for certain calendar periods of time (month, quarter, year), depending on the established working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n (hereinafter - the Procedure).

In particular, as the Federal Service for Labor and Employment clarifies, if the suspension of work on non-working holidays is impossible due to production, technical and organizational conditions (for example, continuously operating production, daily services to the population, etc.), then the transfer of days off is not carried out.

In the Recommendations, the department emphasizes that It is the weekend that is transferred, not the holiday, since the latter, unlike the weekend, is usually tied to a specific date. If the holiday was initially set not on any date, but on the day of the week that is a day off, then the transfer of this day off is carried out on a general basis, that is, on the first working day following it.

As Rostrud explained, this rule matters for Correct determination of the duration of the vacation which falls during the holidays. So, non-working holidays falling within the period of the annual main or annual additional paid vacation are not included in the number of calendar days of vacation (part 1 of article 120 of the Labor Code of the Russian Federation). But weekends are included in the duration of the vacation, since it is calculated not in working days, but in calendar days (Article 115 of the Labor Code of the Russian Federation).

Example 1. Rostrud gives the following example of the application of this rule. In accordance with Decree N 444, the day off in 2014 was moved from Sunday, January 5 to Friday, June 13. If part of the employee's vacation fell on June 12 and 13, 2014, then June 12 as a holiday is excluded from its duration, and June 13 is taken into account as a regular day off and included in the duration of the vacation.

For your information. In some cases, the main or additional leave is granted in working days and not in calendar days. For example, according to paragraph 2 of Art. 19 of the Law of 26.06.1992 N 3132-1 “On the Status of Judges in the Russian Federation”, judges are granted annual paid leave of 30 working days. Employees engaged in seasonal work, according to Art. 295 of the Labor Code of the Russian Federation, paid holidays are provided at the rate of two working days for each month of work. In such cases, the calculation of vacation days and the calculation of the average daily earnings for vacation pay is carried out according to a six-day working week (part 5 of article 139 of the Labor Code of the Russian Federation).

Holiday payment procedure

As noted by the Federal Service for Labor and Employment, rest on holidays does not entail a decrease in wages. At the same time, the payment for such days varies depending on the employer's remuneration system.

In part 4 of Art. 112 of the Labor Code of the Russian Federation states that if an employee receives a salary (official salary), then the presence of non-working holidays in the calendar month is not a basis for reducing his salary.

Other employees are paid additional remuneration for engaging in work on non-working holidays. According to part 3 of Art. 112 of the Labor Code of the Russian Federation, the amount and procedure for paying such remuneration should be determined by a collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. At the same time, the amounts of expenses for the payment of additional remuneration for non-working holidays are treated as expenses for wages in full.

Recruitment to work on non-working holidays

Labor legislation contains a general rule prohibiting work on non-working holidays (part 1 of article 113 of the Labor Code of the Russian Federation). Although this rule has a few exceptions.

Firstly, Without employee consent it is allowed to engage in work on non-working holidays in emergency situations or in case of a threat of their occurrence:

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

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

- 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);

- in other cases that endanger the life or normal living conditions of the entire population or part of it.

Secondly, With the written consent of the employee he can be involved in work on non-working holidays if there is a need to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions depends in the future (part 2 of article 113 of the Labor Code of the Russian Federation). Sample letter of invitation to work on non-working holiday.

Moreover, it is allowed to engage in work on non-working holidays and in other cases, but also with the written consent of the employee. If the company has an elected body of the primary trade union organization, then it is required to take into account its opinion (part 5 of article 113 of the Labor Code of the Russian Federation).

Thirdly, with regard to Certain categories of workers the procedure for engaging in work on non-working holidays can be established by a collective agreement, a local regulatory act, an employment contract (part 4 of article 113 of the Labor Code of the Russian Federation). These are creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works. Their List was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252 (hereinafter - the List of creative workers).

Fourth, approved Categories of works, the production of which is allowed on non-working holidays, regardless of the presence of the above conditions (part 6 of article 113 of the Labor Code of the Russian Federation). In particular, these include:

- continuously operating organizations carrying out work, the suspension of which is impossible due to production and technical conditions;

- work caused by the need to serve the population;

— urgent repair and loading and unloading operations.

In addition, the personnel department needs to ensure that, regardless of the reasons for attracting personnel to work on non-working holidays, an appropriate written order from the employer is issued (part 8 of article 113 of the Labor Code of the Russian Federation).

Thus, as summarized by Rostrud, in order to attract employees to work on a non-working holiday, the following conditions must be met:

1) the existence of a legal basis for engaging in work on a non-working holiday;

2) the written consent of the employee, except when it is not required;

3) if there is an elected body of the primary trade union organization - taking into account its opinion;

4) written order of the employer.

Compensation for work on non-working holidays

The Federal Labor and Employment Service recalls that labor legislation guarantees employees two types of compensation for working on a non-working holiday - at least double the wages or an additional day of rest.

As a general rule, for work on a non-working holiday, which is a type of work in conditions that deviate from normal, the employee is entitled to the appropriate payments provided for by labor legislation and other regulatory legal acts, a collective agreement, agreements, local regulations, an employment contract. Moreover, their size cannot be lower than those established by labor legislation (Article 149 of the Labor Code of the Russian Federation).

The minimum amount of surcharges is set by Part 1 of Art. 153 of the Labor Code of the Russian Federation in the following sizes:

- pieceworkers - not less than double piece rates;

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

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

Arbitrage practice. In the Appellate Ruling of the Moscow City Court dated 04.06.2013 in case N 11-15193, the court, among other things, ordered the employer to recalculate wages, pay for work on weekends according to work schedules in shift work in accordance with Part 1 of Art. 153 of the Labor Code of the Russian Federation and accrue interest in accordance with Art. 236 of the Labor Code of the Russian Federation.

The second compensation option is to provide the employee with an additional day of rest, the so-called day off. But the Employer is not entitled to give the employee a day of rest instead of increased pay without his written consent. If the employee does not mind, then work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not payable (part 3 of article 153 of the Labor Code of the Russian Federation).

As noted by Rostrud, the payment of a day off in a single amount means that an employee receiving a salary is paid a single daily rate in addition to it. In addition, in the month when the day of rest is used, wages (salary) do not decrease. It does not matter whether the employee takes a day of rest in the current month or in subsequent ones.

Arbitrage practice. The Supreme Court of the Russian Federation in the Decision of 08.02.2006 N GKPI05-1644 regarding the conditions of remuneration and the provision of another day of rest for work on a weekend or non-working holiday confirmed that, according to Art. 153 of the Labor Code of the Russian Federation, such work must be paid at least double the amount. At the same time, the employee has the right to use another day of rest for working on a weekend or non-working holiday. In this case, work on a non-working holiday is paid in a single amount, and the day of rest is not payable. Moreover, as the court pointed out, the requirements of Art. 153 of the Labor Code of the Russian Federation also apply to employees working in organizations with shift work.

A similar point of view was previously voiced by both the Ministry of Labor of Russia and Rostrud (see Letters of the Ministry of Labor of Russia of March 11, 2013 N 14-2 / ​​3019144-1157 and Rostrud of February 18, 2013 N PG / 992-6-1).

This order has two exceptions:

- in relation to certain categories of creative workers, the procedure for paying for work on non-working holidays can be determined on the basis of a collective agreement, a local regulatory act, an employment contract (part 4 of article 153 of the Labor Code of the Russian Federation);

- for employees who have concluded an employment contract for a period of up to two months, compensation is provided only in cash - at least twice the amount (Article 290 of the Labor Code of the Russian Federation).

Particular attention should be paid to the procedure for providing compensation to personnel in continuously operating enterprises (workshops, sections, units), as well as in the total accounting of working hours. In this case, the special rules established by the Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of 08.08.1966 N 465 / P-21 “On the approval of Explanation N 13 / p-21“ On compensation for work on holidays ”(hereinafter - Explanation) apply. Despite the fact that the act was adopted back in Soviet times, according to Art. 423 of the Labor Code of the Russian Federation, it operates in the part that does not contradict the Labor Code of the Russian Federation. What does the Explanation say? In continuously operating enterprises (workshops, sections, units), as well as in the case of summarized accounting of working hours, work on holidays is not compensated by another day off if it is included in the monthly norm of working hours. If work on a holiday was not included in the standard working time, then the rules apply as for normal working hours: at the request of the employee, instead of increased pay, he can be given another day of rest, and payment will be made in a single amount (clause n. 1 and 3).

In addition, as noted above, Increased pay guarantees apply to all employees, regardless of working hours(five-day work week, shift work, etc.). Therefore, double payment is made to all employees for hours actually worked on a holiday. When part of the work shift falls on a holiday, the hours actually worked on the holiday are paid double - from 0 to 24 hours (clause 2 of the Clarification).

Personnel workers should remember that when calculating overtime hours, work on holidays performed in excess of the norm of working hours should not be taken into account, since it has already been paid in double size (clause 4 of the Clarification, Decision of the Supreme Court of the Russian Federation dated November 30, 2005 N GKPI05-1341 , Determination of the Moscow City Court dated January 17, 2012 in case N 4g / 2-11787 / 11).

For your information. Employers will have to provide an additional day of rest not only for work, but also for performing socially significant functions on non-working holidays. For example, if an employee donates blood and its components on a non-working holiday (part 3 of article 186 of the Labor Code of the Russian Federation). At the same time, the employer retains for the employee his average earnings both for the day of delivery and for the rest days provided in connection with this (part 5 of article 186 of the Labor Code of the Russian Federation).

Calculation of the norm of working hours

The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour (part 1 of article 95 of the Labor Code of the Russian Federation).

Arbitrage practice. In the Decision of September 29, 2006 N GKPI06-963, the Supreme Court of the Russian Federation noted that the length of the working day or shift before a non-working holiday is reduced for all employees, including those who have reduced working hours. This requirement, as noted by the Court, is mandatory for the employer.

The only exception is work in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day. In this case, the processing is compensated by providing the employee with Additional rest time or, with the consent of the employee, payment according to the norms established for overtime work (part 2 of article 95 of the Labor Code of the Russian Federation).

In addition, Rostrud referred to paragraph 1 of the Procedure mentioned above, according to which if a day off is transferred to a working day, then the duration of work on this day (the former day off) should correspond to the length of the working day to which the day off is transferred. This is stated in paragraph 1 of the Order.

Example 4. In the Recommendations, Rostrud gave the following example: Decree N 444 moved the day off from Monday February 24 to Monday November 3. Since the pre-holiday day of November 3 became a day off after the transfer, and the day off of February 24 became a working day, the working time on this day was reduced by one hour.

Guarantees for certain categories of employees

In conclusion, the Federal Service for Labor and Employment focused on certain categories of workers who are prohibited from being involved in work on non-working holidays. These include:

- pregnant women (part 1 of article 259 of the Labor Code of the Russian Federation);

- minors, with the exception of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, etc., in accordance with the List of creative workers (Article 268 of the Labor Code of the Russian Federation).

For your information. Exceptions should also include underage athletes. According to part 3 of Art. 348.8 of the Labor Code of the Russian Federation, the conditions for their work on weekends and non-working holidays are determined by collective or labor contracts, agreements, local regulations that may provide for work on such days.

1) disabled people (part 7 of article 113 of the Labor Code of the Russian Federation);

2) women with children under the age of three (part 7 of article 113, part 2 of article 259 of the Labor Code of the Russian Federation);

3) mothers and fathers raising children under the age of five without a spouse (part 3 of article 259 of the Labor Code of the Russian Federation);

4) employees with disabled children (part 3 of article 259 of the Labor Code of the Russian Federation);

5) employees caring for sick members of their families in accordance with a medical report (part 3 of article 259 of the Labor Code of the Russian Federation);

6) other persons raising children under the age of five without a mother (Article 264 of the Labor Code of the Russian Federation);

7) guardians and trustees of children under the age of five and disabled children (Article 264 of the Labor Code of the Russian Federation).

If you plan to involve such employees in work, you must, firstly, obtain written consent from them and familiarize them under signature with the right to refuse such work (see example 2). Secondly, you should make sure that they are not prohibited from working on such days for health reasons in accordance with a medical report (paragraph 2, clause 14 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”).

Let's consider situations when an employer can involve employees to work on weekends and holidays, the amount of additional payments for these days, depending on the wage system used at the enterprise, the features of paying a day off or a holiday to a seconded employee and creative workers.

MODE OF WORK AND REST

The employer has the right to independently establish the regime of work and rest, the system of remuneration in accordance with labor legislation, taking into account the specifics of the organization's activities, its needs for labor resources.

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

At enterprises with a continuous cycle of work, where the suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the calendar week in turn to each group of workers in accordance with the rules of internal labor regulations. In this case, most often the total accounting of working hours is kept.

In addition to weekends, employees are provided with holidays. In accordance with Art. 112 Labor Code of the Russian Federation non-working holidays in the Russian Federation are:

FOR YOUR INFORMATION

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

In accordance with Part 5 of Art. 112 of the Labor Code of the Russian Federation, in order to rationally use weekends and non-working holidays by employees, days off can be transferred to other days in the next calendar year by a regulatory legal act of the Government of the Russian Federation. Information about their transfer is subject to official publication no later than one month before the corresponding calendar year.

CONDITIONS FOR INVOLVING TO WORK ON WEEKENDS AND HOLIDAYS

According to the general rule enshrined in Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. The exceptions are certain situations provided for by law.

The employer can involve employees to work on weekends and holidays only with the written consent of the employee in the following cases:

• the production and technological cycle in the organization is not interrupted;
• specialists of the organization perform work caused by the need for constant continuous service to the population;
• there was a need for urgent loading and unloading operations.

Sometimes obtaining the consent of the employee to perform work duties on weekends is not required. This is possible under the following conditions specified in Part 3 of Art. 113 of the Labor Code of the Russian Federation:

• to prevent or eliminate the consequences of an industrial accident, natural disaster, catastrophe;
• to prevent accidents, destruction and damage to the property of enterprises;
• to perform work, the need for which arose in connection with an emergency, including a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in work on weekends and holidays (Article 259 of the Labor Code of the Russian Federation). It is forbidden to use the work of minors on weekends, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation). Creative workers under the age of 18 may be involved in work at night and on weekends and holidays.

FOR YOUR INFORMATION

Night time is considered from 22:00 to 06:00.

Work on weekends by disabled people or women who have children under three years of age is possible with their written consent and in the absence of medical contraindications for overtime work.

Work on weekends and non-working holidays must be properly documented. Necessary:

• obtain written consent from the employee to go to work during holidays or weekends;
• familiarize the employee against receipt with the conditions of exit, including the right to refuse to work in their free personal time;
• notify the trade union body (if any);
• issue an overtime order. The order must indicate the date and reason for going to overtime work, the duration of work, the list of persons involved.

NOTE

In the event of an emergency, going to work on weekends and holidays can also occur by oral order of the management (before the issuance of the order).

All additional conditions for going to work on weekends and holidays can be prescribed in the internal regulation on remuneration.

The form of the document confirming the receipt of the consent of the employee to go to work in extra time is not legally approved. Each enterprise has the right to develop it independently. Let's take an example of this form:

Notification

dated 19.05.2017 No. 5

Need to work on weekends

Dear Oleg Ivanovich!

Due to production needs (unloading perishable goods), we ask you to come to work on the day off 05/20/2017 (from 9:00 to 13:00).

Weekend work will be paid double in accordance with Art. 153 of the Labor Code of the Russian Federation.

At your request, you can get another day of rest at no additional charge.

Please make a note of consent or refusal to go to work.

Director of Ritm LLC Klimanov V. M. Klimanov

Back side of the notice

Acquainted with the notice.

Agree to go to work 20 » May 2017

Exit conditions: Double pay for weekend work .

Medical contraindications for work: I do not have .

Storekeeper Ivanov O.I. Ivanov 19.05.2017

PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS

Remuneration for work on weekends and holidays is carried out in accordance with Art. 153 of the Labor Code of the Russian Federation. The amount and terms of payment are presented in Table. 1.

Labor legislation establishes minimum guarantees for wages on non-working holidays, which the employer can increase through contractual or local regulation. The employer has the right to establish specific amounts of remuneration for work on a weekend or holiday and prescribe them in a collective agreement, an internal local regulatory act, an employment contract. This is expressly stated in Art. 153 of the Labor Code of the Russian Federation.

IT IS IMPORTANT

The amount of payment for work on a weekend or non-working holiday, prescribed in the collective agreement, local regulations of the company and the employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing labor law norms (Article 149 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 granted another day of rest. If the employee requested to provide time off, he must write an appropriate application. In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not payable.

If the amount of wages on a non-working holiday is less than the amount of wages established by labor legislation, then the employee has the right to apply to the State Labor Inspectorate. Based on the results of the audit, the employer may be held administratively liable for violation of labor laws. Officials face a fine in the amount of 1,000 to 5,000 rubles, legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For partial non-payment of wages for more than three months, criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation). However, according to statistics, employees rarely turn to the State Labor Inspectorate with such complaints.

Payment for work on a weekend and a holiday to a salary employee

For employees who have a salary, wages in excess of the monthly norm are calculated based on the daily or hourly rate (in excess of the salary).

daily rate is determined by dividing the employee's salary by the number of working days in a month according to the production calendar for which the salary is calculated.

For calculation hourly rate two options can be used.

Option 1: the employee's salary is divided by the number of working hours in a month according to the production calendar, for which wages are calculated:

Hourly rate \u003d Salary / Monthly standard according to the production calendar.

Option 2: the employee's salary (monthly tariff rate) is divided by the average monthly number of working hours:

Hourly rate \u003d Salary / (Average annual standard / 12).

Average monthly working hours is the result of dividing the annual norm of time by 12.

The official salary of engineer Surikov O. B. is 60,000 rubles. For him, a 40-hour work week is set, weekends are Saturday and Sunday.

In fact, O. B. Surikov worked 15 days in May, including one holiday: due to production needs, he worked on May 9. The norm of working hours in May 2017 is 20 days. Let's calculate the payment of Surikov O. B. for May 2017

1. Let's set the daily rate. To do this, we divide the employee's salary by the number of working days in May 2017 according to the production calendar:

60 000 rub. / 20 days = 3000 rubles.

2. We will calculate the payment on a holiday.

Surikov O. B. worked on a holiday. At the same time, he did not exceed the working time standard (20 days) established for May 2017. This means that his payment on the holiday on May 9 will be equal to the daily rate - 3000 rubles.

3. We calculate the payment for the rest of the time actually worked in May. Multiply the daily rate by the number of working days worked:

3000 rub. × 14 days = 42,000 rubles.

4. Let's do the payroll for May. The salary of Surikov O. B. for May 2017 will be:

42 000 rub. + 3000 rub. = 45,000 rubles.

E. V. Akimova, auditor

The material is published in part. You can read it in full in the magazine.

1. Part 1 of Article 112 of the Labor Code of the Russian Federation establishes a list of public holidays on the territory of the Russian Federation.

In order to provide each employee with the opportunity to use annually, in addition to days off, 12 non-working holidays, part 2 of the commented article provides for the rule to transfer the day off coinciding with the holiday to the next working day after the holiday. This rule should also apply when the day off, which is due to the employee in accordance with the internal labor regulations, coincides with a non-working holiday. With such a coincidence, the day off for the employee will be the next working day after the holiday.

The transfer of days off coinciding with non-working holidays should also be carried out in organizations that use different modes of work and rest, in which work is not performed on holidays. This applies equally to the modes of operation both with constant days off, fixed by the days of the week, and with "sliding" days of rest.

According to established practice, in cases where the regime of work and rest provides for work on non-working holidays (in continuously operating organizations or those associated with daily public services, round-the-clock duty, etc.), the rule on postponing days off is not applied (clarification of the Ministry of Labor of Russia dated 29 December 1992 N 65 "On some issues arising in connection with the transfer of days off coinciding with holidays" // BNA RF. 1993. N 3).

2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. At the same time, it is specifically indicated that the amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of financing.

3. An additional guarantee is provided for employees who receive a salary (official salary). In accordance with part 4 of article 112 of the Labor Code of the Russian Federation, the presence of non-working holidays in the calendar month is not a basis for reducing their wages. In other words, for employees receiving a salary (official salary), wages in a calendar month are retained in full, regardless of the number of non-working holidays in this month.

4. Part 5 of Article 112 of the Labor Code of the Russian Federation grants the Government of the Russian Federation the right to transfer holidays to other days, adding them to the nearest non-working days, in order to rationally use weekends and non-working holidays by employees. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than 2 months before the calendar date of the day off to be established. This clarification allows both employees and employers to plan in advance the relevant activities related to the organization of work and leisure.

In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day on which the day off is transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 4 , approved by Decree of the Ministry of Labor of Russia of February 25, 1994 N 19 // BNA RF. 1994. N 5).