Today we will consider the topic: "a shortened pre-holiday working day for the Labor Code of the Russian Federation" and analyze it based on examples. You can ask all questions in the comments to the article.
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According to Part 1 of Art. 95 Labor Code Russian Federation"the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour." The only exception is established by part 2 of this article: “In continuously operating organizations and on certain types work, where it is impossible to reduce the duration of work (shift) on the holiday day, 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».
Not everyone understands this short norm correctly. Beginners often have doubts when using it. Consider situations that arise in practice.
Employees have Saturday and Sunday days off. The holiday falls on Sunday. Is it necessary to reduce by an hour working time on Friday?
AT this case the pre-holiday day is Saturday, not Friday, so there is no need to reduce working hours by an hour on Friday.
The company employs workers with part-time and reduced working hours. And so on the eve of the holiday they work less than all the other workers who have normal full-time work. Do they need to reduce their working hours by an hour on the eve of the holiday?
Part 1 Art. 95 of the Labor Code of the Russian Federation establishes general rule on reducing the length of the working day or shift immediately preceding a non-working holiday. This benefit applies to all employees, including those who have already established reduced working hours, in particular employees under the age of 18, disabled people of the 1st and 2nd groups, persons employed in work with hazardous and hazardous conditions labor. The exception in the article is set only for continuous operating organizations and for certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day. For cases where part-time or reduced working hours are established for employees, the law does not establish such exceptions, therefore, for them, the pre-holiday working day should also be reduced by one hour.
The company has a five-day work week. From Monday to Thursday, employees work from 9:00 to 18:00, and on Friday from 9:00 to 17:00, that is, on Friday they work one hour less. If Friday falls on a public holiday, is it necessary to reduce working hours by one more hour?
It is necessary for the same reasons as in the previous case.
Thus, if a pre-holiday day falls on Friday, and on this day it is established for you (by the rules of the internal work schedule, employment contracts with employees) working hours from 9:00 to 17:00, then this time should be reduced by an hour, that is, workers on this Friday should work from 9:00 to 16:00.
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A part-time worker (whether part-time or main worker) must work only one hour on any day of the week. And on this day of the week, the pre-holiday day falls. Does such an employee need to reduce the working time by an hour on that day?
Article 95 of the Labor Code of the Russian Federation prescribes to reduce working hours on the pre-holiday working day by an hour always, except for the cases specified in Part 2 of Art. 95 of the Labor Code of the Russian Federation (see above). If the case under consideration is not classified as an exception, then the duration of work on such a day should be reduced by an hour. That is, the employee will not work on such a day.
The employer has telecommuters and homeworkers. Do they need to reduce their working hours by an hour on the eve of the holiday?
According to part 4 of Art. 310 of the Labor Code of the Russian Federation, homeworkers are subject to labor legislation and other acts containing norms labor law, with the features established by the Labor Code of the Russian Federation.
According to part 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are subject to labor legislation and other acts containing labor law norms, taking into account the specifics established by chapter 49.1 of the Labor Code of the Russian Federation.
Thus, the “status” of a homeworker or remote worker, in our opinion, does not in itself give the employer the right to deprive employees of rest. And the rules of Art. 95 of the Labor Code of the Russian Federation, which prescribes to reduce the duration of work on a pre-holiday working day by an hour always, with the exception of the cases specified in Part 2 of Art. 95 of the Labor Code of the Russian Federation (see above).
A remote worker may not finish an hour earlier, but an hour later start his working day in accordance with Part 1 of Art. 312.4 of the Labor Code of the Russian Federation. Unless otherwise provided employment contract about remote work, the mode of working time and rest time of a remote worker is established by him at his own discretion.
Employees (for example, salespeople) work in a mode with the provision of days off on a rotating schedule - from 7:00 to 15:00 (one), from 15:00 to 23:00 (another). Should the employer on the pre-holiday working day reduce the work of each of them or only the second?
Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor obligations, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation refer to working time.
Normal working hours may not exceed 40 hours per week.
The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined federal body executive power executing the functions of developing state policy and legal regulation in the sphere of labor.
(Part three was introduced by Federal Law No. 157-FZ of July 22, 2008)
The employer is obliged to keep records of the time actually worked by each employee.
Article 92. Reduced hours of work
Reduced working hours are set:
for employees under the age of sixteen - no more than 24 hours a week;
for employees aged sixteen to eighteen years - no more than 35 hours per week;
for employees who are disabled people of group I or II - no more than 35 hours a week;
for workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours a week in the manner established 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.
(part one as amended by Federal Law No. 90-FZ of 30.06.2006)
Students working hours educational institutions under the age of eighteen, working during the academic year in their free time, may not exceed half of the norms established by the first part of this article for persons of the corresponding age.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
This Code and other federal laws may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 93. Part-time work
By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member medical opinion issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Article 94. Duration of daily work (shift)
Duration daily work(shift) cannot exceed:
for employees aged fifteen to sixteen - 5 hours, for those aged sixteen to eighteen years - 7 hours;
for students of general educational institutions, educational institutions of primary and secondary vocational education those who combine study with work during the academic year, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours;
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
for the disabled - 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.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
For workers employed in work with harmful and (or) dangerous working conditions, where a reduced working time is established, the maximum allowable duration daily work (shift) cannot exceed:
at 36 hours working week- 8 ocloc'k;
with a 30-hour work week or less - 6 hours.
The collective agreement may provide for an increase in the duration of daily work (shift) in comparison with the duration of daily work (shift) established by part two of this article for employees employed in work with harmful and (or) dangerous working conditions, subject to the maximum weekly duration of the worker. time (part one of Article 92 of this Code) and hygienic standards of working conditions established by federal laws and other regulatory legal acts of the Russian Federation.
(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
Duration of daily work (shift) of creative workers of funds 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, can be installed collective agreement, local normative act, labor contract.
(Part four was introduced by Federal Law No. 90-FZ of 30.06.2006, as amended by Federal Law No. 13-FZ of 28.02.2008)
Article 95
The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, 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.
On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.
Article 96. Night work
Night time is from 22:00 to 06:00.
The duration of work (shift) at night is reduced by one hour without subsequent working off.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.
To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families 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 , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. Wherein said employees should be in writing aware of their right to refuse to work at night.
(as amended by Federal Laws No. 97-FZ of 24.07.2002, No. 90-FZ of 30.06.2006)
The procedure for work at night 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 accordance with the lists of works 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, may be established by a collective agreement, a local normative act, an employment contract.
(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008)
Article 97. Work outside the established duration of working hours
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The employer has the right, in accordance with the procedure established by this Code, to involve the employee in work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, an employment contract (hereinafter referred to as the working hours established for an employee):
for overtime work (Article 99 of this Code);
if the employee works on irregular working hours (Article 101 of this Code).
Article 98 - Federal Law of June 30, 2006 N 90-FZ.
Article 99. Overtime work
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.
Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:
1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to specifications production could not be performed (completed) during the working hours established for the employee, if the failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), public or municipal property or endanger the life and health of people;
2) in production temporary work for the repair and restoration of mechanisms or structures in cases where their failure may cause the termination of work for a significant number of employees;
3) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.
Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:
1) in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
In accordance with Federal Law No. 417-FZ of December 7, 2011, effective January 1, 2013, in Clause 2 of Part Three of this Article, the words "water supply, gas supply, heating, lighting, sewage systems," will be replaced by the words " centralized systems hot water supply, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, ".
2) in the production of public necessary work to eliminate unforeseen circumstances that violate the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;
3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.
In other cases, involvement in overtime work 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.
It is not allowed to involve pregnant women, workers under the age of eighteen, other categories of workers in overtime work in accordance with this Code and other federal laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that 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 with their right to refuse overtime work against signature.
The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.
The employer is obliged to ensure that the overtime hours of each employee are accurately recorded.
Everyone loves holidays, because an extra day of rest does not hurt anyone. Moreover, work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a reduction in the total length of the working day is not always required. When and in what cases labor legislation allows you to go home early - our article is devoted to this topic.
What is a pre-holiday day according to the Labor Code of the Russian Federation
In accordance with the norms of the Labor Code, the pre-holiday working day is the day immediately preceding the official holiday. The duration of such a day (shift), in accordance with the norms of Art. 95, legally shortened by 1 hour. When reducing the time of employment, it is necessary to take into account the following features of the nature of the work:
If the enterprise works continuously by necessity or the position of a specialist does not allow reducing the duration of employment, such a stay is recognized as overtime and is subject to compensation in the form of an additional day off. Or the employee may be paid overtime (with the consent of the specialist).
If an employee works on a 6-day day, the duration of the day of employment on the eve of official holidays can be a maximum of 5 hours.
If the pre-holiday date does not fall on a working day, but on a weekend (Sunday or Saturday), no reduction occurs on the previous date.
To understand what a short pre-holiday day is, let's turn to the provisions of the stat. 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly duration of normal work time is 40 hours maximum. And if an employee works for special conditions, for example, reduced time (stat. 92) or part-time (stat. 93), or is a part-time job, this in no way limits his right to go home an hour earlier on the eve of the holidays.
What days are considered holidays?
Of course, not all holidays are recognized as official. For example, corporate parties, employee birthdays or professional dates cannot be considered public holidays according to state regulations. The pre-holiday working day is determined by the Labor Code only in relation to those dates that precede those established in stat. 112. In particular, in Russia, the following days are non-working days:
Feast of the Defenders of Our Fatherland - 23 Feb.
All existing official holidays are marked in red on the production calendars, and the pre-holiday day is indicated with an asterisk *, so that personnel officers understand when exactly the employees are entitled to concessions. When administering personnel records management on holidays and before them, please note that:
If an officially approved holiday coincides with a day off, Saturday or Sunday should be moved to the next day of work immediately after the holiday. The exceptions are the days of the New Year holidays and Christmas, for which the government of the Russian Federation has provided a special transfer procedure.
If the salaries of employees are not paid according to salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the LNA of the enterprise, for example, in a collective agreement.
If the employee's salary is paid according to the salary system, the employer is not entitled to reduce the total amount of remuneration if there are public holidays in the current period.
By decision of the federal authorities, some days off may be rescheduled in order to increase overall productivity.
For example, January 1, 2018 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2017 it falls on a day off, that is, Sunday. Since everyone does not work on Sunday, the closest pre-holiday day will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and is not subject to reduction according to the norms of the Labor Code.
How is work organized on holidays according to the labor code
By Labor Code of the Russian Federation pre-holiday working day is no different from all other days of employment, except for a reduced duration. It does not matter what position a specialist works in, in which constituent entity of the Russian Federation he lives and how much experience he has, employers of all organizational and legal forms and fields of activity are obliged to comply with the requirements of labor legislation. These norms apply to both legal entities and individual entrepreneurs, provided that the latter hire employees under employment contracts.
Note! If the enterprise involves persons within the framework of civil law relations, such citizens perform the scope of work in accordance with the norms of civil, and not labor legislation. Therefore, for such individuals, a shortened pre-holiday day is not established, they themselves decide how many hours to work.
As already mentioned, a short day before the holiday is due to all employees, both working at their main job and part-time workers, as well as those who work on a part-time or shortened day. At the same time, the official reduction in the duration of employment cannot affect the procedure for settlements with personnel. That is, the employer is not entitled to reduce the amount of wages for such a reduction in the total working time, because a person does not skip work, but enjoys legal labor rights established by the requirements of the Labor Code of the Russian Federation.
The nuances of paying for a short pre-holiday day:
With an hourly wage system - in this case, the employee receives earnings based on the actual time of production. Therefore, a short hour will not be paid, and this is not considered a violation by the employer.
According to the salary system of remuneration - a short day before the holiday is subject to calculation in full, without any reduction in the amount of earnings.
Under the piecework wage system, as well as hourly system, this technique involves the calculation of earnings based on the actual volume of work or products produced. This means that the reduction of working hours on the pre-holiday day does not affect the amount of payment of remuneration to piecework workers.
When employed on reduced terms or on a part-time basis, the amount of salary for a short pre-holiday day is not subject to reduction.
Note! If the organization operates continuously, and employees work as usual, that is, without shortening pre-holiday days, such employment time is recognized as overtime and is payable at least twice. The exact procedure for calculating compensation and the list of positions of persons who cannot be provided with shortened days before the holidays are approved by the head in the internal document flow of the enterprise.
How is work done on the holiday?
The pre-holiday working day provided according to the Labor Code is noted in the report card according to special rules. But many personnel workers they do not know about this and continue to put down the usual numbers 8 on such days. However, on such dates, employees work less than the prescribed employment time. For example, an employee on a 40-hour working week on the day before the holiday is only 7 hours busy. Therefore, if you do not indicate this fact in the report card, checking from labor inspectorate may come to the conclusion that the person overworked, and the employer violated the requirements of the law. How to avoid problems?
First of all, enter data in real time. If the employee is busy on an 8-hour day, for the pre-holiday day it is necessary to reflect the appearance at 7 o'clock. If a person works on a reduced 7-hour day - 6 hours. If you work part-time for only 4 hours daily, we set 3 hours on the eve of the holiday, etc. Thus, the letter designation for shortened dates before official holidays remains the same - “I”, and the number of hours is affixed with a decrease of 1 hour according to the norms of stat. 95 TC. Salary calculation is carried out taking into account the above nuances.
To draw up or not an order to reduce the time of work in the enterprise? In principle, since this requirement is regulated labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.
Work on holidays - 2018
We figured out the rules for working on holiday days. Since some holidays are sometimes postponed by the Government, before proceeding with informing staff, check which dates are approved as holidays in next year. The table below shows a list of holidays and pre-holiday dates for 2018 in accordance with Decree No. 1250 of 10/14/17.
List of official holidays and pre-holiday days
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What days are public holidays in 2018? |
What days are considered short holidays in 2018? |
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From 01/01/18 to 01/06/18, 01/08/18 |
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If we turn to the provisions of the said Resolution, it becomes clear that the following days (weekends) have been postponed in 2018:
From 01/06/18 (Saturday) to 03/09/18 (Friday).
From 01/07/18 (Sunday) to 05/02/18 (Wednesday).
From 04/28/18 (Saturday) to 04/30/18 (Monday).
From 06/09/18 (Saturday) to 06/11/18 (Monday).
From 12/29/18 (Saturday) to 12/31/18 (Monday).
If the employer does not give a short pre-holiday day
In some organizations, shortening the working day on the eve of a public holiday is the norm, since such institutions are required to ensure uninterrupted work. How the employer should act in this case is described above, but this will not be a violation of the labor legislation of the Russian Federation.
And what about the employees of those companies whose administration does not want to hear anything about people leaving to rest an hour earlier, and also does not pay overtime for processing? First of all, remember that such actions are a violation of the requirements of the Labor Code, which means that they entail bringing to administrative responsibility according to stat. 5.27 of the Code of Administrative Offenses. Punishment under this article is provided in the form of a fine of 1000-5000 rubles. on the official, 30000-50000 rub. to legal entities. Repeated offense threatens with a fine of 10,000-20,000 rubles. for an official, 50,000-70,000 rubles. to legal entities. The full list of sanctions in
According to the norms of the current legislation, the pre-holiday working day is the date immediately preceding a public holiday. Art. 95 of the Labor Code of the Russian Federation obliges the company's management to make the exit of specialists short - reduced by 60 minutes. The federal directive is the same for both government agencies and commercial enterprises. Firms-employers do not have the right to proportionally "cut" the salaries of specialists.
In Art. 122 gives a list of holidays declared non-working dates on the territory of the Russian Federation. In Art. 95 of the Labor Code says that on the eve of the "red days" of the production calendar labor shift decreases by one hour. The rule applies to all organizations in the country, regardless of their form of ownership and activities.
Labor on the eve of the holiday is regulated by the following rules, prescribed in Art. 95 of the Labor Code of the Russian Federation:
- The shift becomes short if it immediately precedes the solemn date. If it is followed by Saturday or Sunday, the company's staff works as usual.
- If a holiday falls on a weekend, it is moved to the next weekday. The transfer schedule is approved by the executive authorities.
- The rules on days off and pre-holiday shifts apply to religious regional dates established by the non-working legislative authorities of the constituent entities of the Russian Federation.
If a specific date is declared a shortened day by the Labor Code, the shift of employees must be reduced by an hour, regardless of whether this norm is prescribed in the internal acts and regulations of the company, whether the relevant orders and orders of the management were issued. Failure to comply with the legal requirement entails problems with the labor inspectorate.
Are part-time shifts being reduced?
Labor legislation leaves the specialist and the employing company the right at any stage of the relationship to agree on a reduction in the length of the working day with a proportional reduction in wages. This condition is prescribed in the employment contract or drawn up by an additional agreement to it.
Is there a shortened work schedule for such specialists on pre-holiday days? Yes, in Art. 93 of the Labor Code of the Russian Federation states that they enjoy all the rights and privileges that apply to their colleagues employed on a full-time basis.
If, for example, an employee, by agreement with the employer, works six hours a day, on the eve of the holiday, his shift is shortened by 1 hour. If it is not possible to release a specialist earlier due to objective reasons, he is provided with compensation for processing on the pre-holiday day.
Short pre-holiday working day for part-time workers
The current labor legislation provides for a shortened pre-holiday day for part-time workers. The Labor Code of the Russian Federation does not stipulate that these employees lose any rights and privileges compared to full-time specialists.
For example, if an employee is employed in a five-day schedule for four hours a day, his shift on the eve of the holiday is reduced to three hours. The grounds are the provisions of the law; no additional local acts of the organization are required.
What to do if the working day of a part-time worker is one hour or less? Based on the provisions of Art. 95 of the Labor Code of the Russian Federation, we can conclude that before the holiday the specialist does not come to the office. The time sheet indicates that he worked zero hours, but the turnout is affixed to the service. Salary is calculated in the usual way.
Short Shift Rules for Continuous Manufacturing Companies
If companies have continuous manufacturing process their work does not stop day or night. These are firms that cannot stop the equipment without significant financial losses, government agencies that ensure the safety of the population (Ministry of Emergency Situations, firefighters, police), round-the-clock establishments Catering, shops, etc.
In accordance with Art. 103 of the Labor Code of the Russian Federation in such organizations, shift work is established. If pre-holiday work cannot be reduced due to business needs, employees will work a full shift. However, the last hour will be considered as overtime and will result in the employer's obligation to provide compensation:
- in the form of payment at one and a half tariff;
- in the form of additional rest time (at least an hour) at a time convenient for the specialist.
To indicate which specialists or departments are entitled to payment according to the norms established for overtime employment, the employer's administration issues an order. It states that on a specific date, the shift is reduced by an hour, to whom the specified measure applies. The document is signed by the head of the company. Its content is brought personnel service to the knowledge of the persons mentioned in it.
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The duration of the working day or shift immediately preceding the non-working holiday, by virtue of Part 1 of Art. 95 of the Labor Code of the Russian Federation is reduced by one hour. Non-working holidays in the Russian Federation in accordance with Art. 112 of the Labor Code of the Russian Federation are:
January 1, 2, 3, 4, 5, 6 and 8 - 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 - National Unity Day.
Based on this, seven days become pre-holiday: December 31, February 22, March 7, April 30, May 8, June 11 and November 3. This year, April 30, June 11 and December 31 fall on a day off Saturday, and May 8 - on Sunday. By Decree of the Government of the Russian Federation of September 24, 2015 N 1017, the day off from Sunday, January 3, was postponed to Monday, March 7. On the working days preceding the corresponding holidays on Friday, March 4, April 29, May 6, June 10 and December 30, their duration does not decrease.
By the aforementioned Decree of the Government of the Russian Federation N 1017, the day off from Saturday, February 20, was moved to Monday, February 22. 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 to which the day off is transferred (part 4, clause 1 of the Procedure for calculating the norm of working time 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). Thus, the pre-holiday day of February 22, on which, as a general rule, the duration of work is reduced by one hour, after the transfer became a day off, and the day off on February 20 became a working day. Consequently, the working time on February 20 was reduced by one hour.
The duration of the working day and the remaining work is also reduced by one hour. holiday the 3rd of November.
Thus, in 2016, only on the two indicated pre-holiday days, there is a decrease by one hour in the duration of the working day or shift.
The rule on reducing by 1 hour the duration of the working day (shift) immediately preceding a non-working holiday applies regardless of whether the working week is 5-day or 6-day. With regard to the 6-day working week, Part 3 of Art. 95 of the Labor Code of the Russian Federation also provides for the maximum working hours on the eve of the weekend. It cannot exceed 5 hours.
Reduction for all employees
Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Therefore, with a five-day working week, the duration of a normal working day is 8 hours (40 hours: 5 days x 1 day), on the pre-holiday day its duration will be 7 hours (8 - 1).
The above reduction provision applies to all employees, regardless of the length of their working time and its mode. The fact that the duration of the working day immediately preceding a non-working holiday is reduced by one hour, regardless of the duration of weekly or daily work, the Ministry of Labor of Russia indicated almost immediately after the entry into force of the Labor Code of the Russian Federation and, accordingly, the mentioned Art. 95 of the Code in the Letter of 12.03.2002 N 1362-VYa.
In the middle of the 2000s, a state unitary enterprise applied to the Supreme Court of the Russian Federation with an application to invalidate clause 2 of the Clarification "On some issues arising in connection with the postponement of days off coinciding with holidays" (approved by the Decree of the Ministry of Labor of Russia dated December 29, 1992 N 65).
The aforementioned paragraph 2 of the Clarification established the procedure for calculating the norm of working hours for certain periods time. The specified norm of working time according to this paragraph was proposed to be calculated according to the estimated schedule of a five-day working week with two days off Saturday and Sunday, based on the following duration of daily work (shift):
- with a 40-hour working week - 8 hours, on holidays - 7 hours;
- if the duration of the working week is less than 40 hours - the number of hours obtained by dividing the established duration of the working week by five days.
At the same time, the last provision clarified that on the eve of holidays, the reduction of working hours is not carried out (the reference was to the current Article 47 of the Labor Code of the RSFSR at that time).
In the applicant's opinion, the norm of clause 2 of the Clarification contradicted the Labor Code of the Russian Federation and violated the rights of organizations with a continuously operating nature of work. The Applicant considered that the legislator had not provided for in continuously operating organizations to reduce the duration of the shift by one hour on the eve of non-working holidays. The higher judges thought otherwise.
Part 1 Art. 95 of the Labor Code of the Russian Federation, in their opinion, established a general rule to reduce the length of the working day or shift immediately preceding a non-working holiday, which applies to all employees and is mandatory for employers.
In part 2 of Art. 95 of the Labor Code of the Russian Federation, the legislator settled the issue of the duration of work on the eve of non-working holidays in continuously operating organizations where it is impossible to reduce the duration of work (shift). statutory a decrease in the duration of work (shift) by one hour in this case is called processing and is subject to compensation in the form of additional rest time or payment according to the norms established for overtime work.
Paragraph 3, clause 2 of the Clarification provides for the calculation of the norm of working hours for employees who have a reduced working time. However, in connection with the entry into force of the Labor Code of the Russian Federation, the Code of Labor Laws of the RSFSR (including Article 47) became invalid. The provisions of par. 3 p. 2 Explanations really contradicted the requirements of Part 1 of Art. 95 of the Labor Code of the Russian Federation, in accordance with which the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
This benefit applies to all employees, including those who have already established reduced working hours (Article 92 of the Labor Code of the Russian Federation), in particular:
- employees under the age of 18;
- disabled people of I and II groups;
- persons employed in work with harmful and dangerous working conditions.
At the same time, the supreme judges concluded that, enshrined in Part 1 of Art. 95 of the Labor Code of the Russian Federation, the benefit applies to all employees.
The statement of the State Unitary Enterprise was partially satisfied, only par. 3, paragraph 2 was declared invalid, the rest of the stated requirements of the RF Armed Forces were left without satisfaction (Decision of the Supreme Court of the Russian Federation of September 29, 2006 N GKPI06-963).
Part 1 Art. 93 of the Labor Code of the Russian Federation allows you to establish, by agreement between the employee and the employer, both when hiring, and subsequently, part-time work (shift) or part-time work week. The reduction by one hour of the duration of the working day immediately preceding the non-working holiday also applies to the specified mode of operation, since work on a part-time basis by virtue of Part 3 of Art. 93 of the Labor Code of the Russian Federation does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights. And the abbreviation in question belongs to those.
As you can see, part-time work is no exception. Consequently, working hours on the eve of the holiday for all employees working in this mode will be reduced by one hour. This also applies to employees whose working day is only one hour.
Reduced by one hour on the eve of the holiday and the working time of a remote worker. After all, in accordance with part 3 of Art. 312.1 of the Labor Code of the Russian Federation, such employees are subject to labor legislation and other acts containing labor law norms.
Guarantees and compensations for persons working part-time are defined by Art. 287 of the Labor Code of the Russian Federation. According to this norm, the guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, are provided to persons working part-time, in full, with the exception of guarantees and compensations to persons:
- combining work with education;
- working in the regions of the Far North and equivalent areas.
These guarantees are provided to employees only at their main place of work.
Based on this, the duration of the working day for a part-time worker on the pre-holiday day should also be reduced by one hour. Internal part-timers the working day is reduced by one hour both at the main place of work and part-time.
The duration of work on the eve of the holiday is recorded in the time sheet, which is kept in a form developed independently by the employer, or in the unified forms N T-12 or N T-13 (approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1). The number of working hours on such a day will accordingly be one hour less than a normal working day.
Payment amount
Holiday pay depends on the order of accounting for working hours.
In accruals, employees who have a fixed salary do not lose anything when the working day is reduced by one hour. Wages for the month in which there is a pre-holiday day, they receive in full, regardless of the fact that on the indicated day they worked an hour less. After all, the reduction in the duration of the day in question, provided for by the Labor Code of the Russian Federation, is the norm of working time. So, the norm of working time according to clause 1 of the mentioned Procedure for calculating the norm of working time is:
- in February - 159 hours ((8 hours / day x 20 days - 1 hour), where 20 is the number of working days in February with a five-day working week with days off on Saturday and Sunday);
- in November - 167 hours ((8 hours / day x 21 days - 1 hour), where 21 is the number of working days in November, again with a five-day working week with days off Saturday and Sunday).
With time-based accounting of working hours:
- in working days - a shortened pre-holiday day is paid as a full working day;
- hourly - for hours actually worked, that is, in this case, the unworked hour is not paid.
Example 1. The operating mode of the organization is a five-day working week with days off on Saturday and Sunday. On the pre-holiday day postponed to February 20, its duration was 7 hours. When concluding labor contracts with employees, various conditions of remuneration were used: Befusu Ya.S. the salary is set at 35,000 rubles. per month, Tsisar O.K. - daily tariff rate of 1750 rubles / day, Khvornum I.R. - hourly tariff rate 220 rub/h. In February, these employees worked all the working days of the month. According to the production calendar in February, 20 working days, the norm of working time with a five-day working week is 159 hours.
The working day on February 20, Befus and Tsisar is paid in full, since the reduction of working hours by one hour on this day is established by the Labor Code of the Russian Federation. For February, employees will be credited with 35,000 rubles. (35,000 rubles : 20 days x 20 days) Befusu and 35,000 rubles. (1750 rub/day x 20 days) To Tsisar.
Since Hvornum is paid on the basis of an hourly wage rate, the unworked one hour due to the reduction of the working day on February 20 is not paid. This month, accruals are made to him for 159 hours worked, the required amount will be 34,980 rubles. (220 rub/h x 159 h).
Pieceworkers are paid according to the amount of work done, not the number of hours they put into it.
Example 2. Pieceworkers Kraichik L.N. work in the organization. and Allison M.V. Employment contracts with employees indicate that one standard hour of work (output of 15 units of production) is paid at a piece rate of 250 rubles. On February 20, Krajczyk fulfilled the labor norm, in seven hours he produced 105 units of products, while Ellison produced only 95 units of products in the indicated time.
For the specified pre-holiday day (reduced by one hour), Kraichik is charged 1,750 rubles. (250 rubles x 7 hours).
Ellison on that day fulfilled the plan by 90.48% (95 units: 105 units x 100%), in connection with this, his accruals will amount to 1583.33 rubles. (250 rubles x 7 hours x 90.48%).
In the above Decision of the Armed Forces of the Russian Federation N GKPI06-963, the provision of Part 2 of Art. 95 of the Labor Code of the Russian Federation. According to this norm, 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, processing in one hour is compensated:
- providing the employee with additional rest time;
- with the consent of the employee, payment according to the norms established for overtime work.
Article 152 of the Labor Code of the Russian Federation, which regulates payment for overtime work, expressly stipulates that, at the request of the employee, overtime work instead of increased pay can be compensated by providing additional rest time, but not less than the time worked overtime.
One of the basic principles legal regulation labor relations and other directly related relations in accordance with par. 5 st. 2 of the Labor Code of the Russian Federation recognizes the provision of the right of each employee to fair working conditions. According to the norm of this paragraph, the duration of additional rest time during processing, which is not less than the time of this processing, corresponds to the principle of ensuring the right of every employee to fair working conditions.
Based on this, an employee who has worked on the pre-holiday day, which is generally reduced by one hour, is entitled to at least one hour of additional rest. The procedure for its provision should be determined by the employer's documents regulating labor relations.
The list of industries or positions in which, due to the nature of the work, employees cannot be reduced the duration of work (shift) on holidays, and the procedure for compensation for overtime work of the organization is quite logical to provide for in a collective or labor agreement, as well as in a local regulatory act.
In the collective agreement, the employer can prescribe various forms of compensation. In addition to the procedure for accounting for processing, the document can stipulate the possibility of summing up processing, which will subsequently allow the employee to get a full day of rest. When determining the conditions for providing compensation for processing on the eve of the holiday, it is also necessary to establish the procedure for paying for such work (for example, describe the procedure for requesting employees to choose the type of compensation, etc.).
Note that in order to apply the norms provided for by the collective agreement, all employees of the organization must be familiar with them.
The provision of additional rest time can be provided for in the shift schedule (for shift work with a summarized accounting of working time). In this case, the schedule takes into account shifts of employees minus hours worked overtime. So, for persons who worked a full shift on the pre-holiday day (without a reduction by one hour), the schedule provides for shifts minus the overworked hour. To prevent this from happening simultaneously for all the indicated persons, such a shift is established for each of them in turn. At the same time, the employee is given the right to decide when he uses this hour for personal purposes - at the first hour of the start of the shift or at the last. Moreover, the employee must make a decision in advance. This option can be applied if the organization has employees who can replace those who come to work later (leave work earlier) due to the provision of additional rest time. Otherwise, to replace the vacationer, you will have to involve another employee to work overtime or work on a day off.
Including such days in the shift schedule makes it somewhat difficult to compile it. After all, according to part 4 of Art. 103 of the Labor Code of the Russian Federation, the shift schedule must be brought to the attention of employees at least a month before its entry into force.
The issuance of an order (instruction) of the employer on compensation to the employee eliminates this shortcoming. If a local regulatory act establishes a list of works in which, in accordance with Part 2 of Art. 95 of the Labor Code of the Russian Federation, working time on the holiday does not decrease, then after the day on which the processing took place, an order is issued. It indicates the last name, first name, patronymic and position of the employee who is entitled to additional rest, the day when the processing took place, its reason and the period of time for which the rest is provided. As the basis for such an order, there may be a statement from the employee in which he indicated the desired type of compensation. With the order of the employee must be familiarized under the signature.
The Labor Code of the Russian Federation does not establish a period during which an employee is provided with additional rest time as compensation for processing on holidays. Therefore, in the local regulatory act of the organization, it is desirable to establish the rules for providing additional rest time. At the same time, it is necessary to keep a record of the processing time in such a way that compensation is necessarily made. Otherwise, it is possible to bring the employer to administrative responsibility for violation of the legislation regulating working hours and rest time of employees.
In return for providing additional rest time, processing on the pre-holiday day, with the consent of the employee, may be paid. The decision on this type of compensation can be made by the employee both before and after work on the eve of the holiday. The employee shall be notified verbally or in writing of the possibility of receiving monetary compensation for hours worked.
If about the possibility of obtaining monetary compensation the employee is notified in writing by the employer before the start of work and agrees with the payment, then the document in which the employee confirmed in writing the desire for the type of compensation in question is indicated on the basis of the order for payment of overtime. Such a document may be an offer signed by the employer, in which the employee is given the right to choose the type of compensation.
An employee can write a personal statement addressed to the employer for payment of an overtime hour on a pre-holiday day, which is calculated according to the norms for overtime pay.
To pay compensation, the employer issues an order on the basis of a document that sets out the wishes of the employee by type of compensation. The employee is familiarized with the order under the signature.
As you can see, the replacement of an employee with additional rest time by paying compensation to him can be carried out only with the consent of the employee himself. The presence of a condition in a collective or labor agreement, according to which processing on holidays in all cases is compensated to employees exclusively by payment according to the norms established for overtime work, infringes on the rights of the employee.
Regulation of labor relations and other directly related relations in accordance with Part 1 of Art. 9 of the Labor Code of the Russian Federation can be carried out by concluding, amending, supplementing labor contracts by employees and employers. On the basis of part 2 of this article, collective and labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in said contracts, they are not applicable.
When used for time tracking unified form N T-13 in the upper lines of column 4, opposite the employee's surname, when working during the daytime, the letter code I or digital 01 is affixed, and the duration of work in hours, minutes is indicated in the lower lines. When processing on a pre-holiday day, lines can be added to the form of the time sheet opposite the name of the overworked employee and the letter code C or digital 04 must be entered in them, and below - the time worked by the employee in excess of the established norm of 1 hour.
Processing for one hour in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, in our opinion, is not overtime work referred to in Art. 99 of the Labor Code of the Russian Federation.
Recall that overtime work in accordance with Part 1 of Art. 99 of the Labor Code of the Russian Federation is work performed by an employee at the initiative of the employer outside the established working hours for him - daily work (shift), and with the summarized accounting of working hours - in excess of the normal number of working hours for the accounting period.
In the case provided for by Part 2 of Art. 95 of the Labor Code of the Russian Federation, there is no reduction in the working day or shift, therefore, work is not performed outside the working hours established for the employee.
If we assume that work for one hour in this case is overtime work, then all the provisions of Art. 99 of the Labor Code of the Russian Federation. As a general rule, the involvement of an employee in work requires his written consent and consideration of the opinion of the elected body of the primary trade union organization. And this, in turn, would make the work of continuously operating organizations impossible if workers refused to work overtime. Such an approach would not correspond to the task of optimal coordination of the interests of the parties to labor relations (part 1, article 1 of the Labor Code of the Russian Federation).
Since work for an hour in the case provided for by Part 2 of Art. 95 of the Labor Code of the Russian Federation, is not overtime work under Art. 99 of the Labor Code of the Russian Federation, in order to involve an employee in such work, compliance with the requirements of the specified article is not required. 99 of the Labor Code of the Russian Federation, including:
- obtaining the written consent of the employee;
- taking into account the opinion of the elected body of the primary trade union organization;
- registration of the employer's order on attraction to overtime work.
All in the same part 2 of Art. 95 of the Labor Code of the Russian Federation states that processing is compensated by payment according to the norms established for overtime work. Overtime work is paid at an increased rate: for the first two hours - at least one and a half times, for the next hours - at least double the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulatory act or an employment contract (Article 152 of the Labor Code of the Russian Federation).
As you can see, for the one hour worked, which is subject to reduction on the holiday day, the employee is supposed to accrue a one and a half hourly wage rate, unless the collective or labor agreement or local act of the organization provides for a larger amount of such payment.
Example 3. Employee Bolelli V.V. a 12-hour work shift was established, according to the schedule, one of them fell on February 20, 2016 from 8:00 to 20:00. The employee has an hourly rate of 220 rubles per hour.
Due to continuous technological process The employee's working hours on the pre-holiday working day cannot be reduced. According to the regulation on remuneration of workers employed in continuous production, on pre-holiday working days, working time is not reduced by one hour. One hour of overtime is paid according to the norms established for overtime work by the collective agreement: all hours of overtime are paid double.
Payment for the time actually worked on February 20 is 2420 rubles. (220 rubles / h x 11 hours), payment for one hour worked overtime is 440 rubles. (220 rubles / h x 1 h x 2), in total for the specified working pre-holiday day Bolelli was charged 2860 rubles. (2420 + 440).