So, today we will be interested in the principle of remuneration on non-working holidays, as well as weekends. After all, no one will just work hard when everyone has the right to rest. And, therefore, it is necessary to somehow reward employees. This is written in Art. 153 (Labor Code Russian Federation). It is he who will help us understand today's issue. In general, salary is a difficult moment. And it requires certain knowledge of employees so that they are not deceived. Yes, in Russia the norms provided for in Art. 153 RF TK. But they do exist. And conscientious organizations will never go against the rules.
From payment and activity
The thing is that the main feature of payment on non-working, holidays, as well as weekends is the dependence of accurate calculations on how exactly your salary is calculated. That is, this factor will have to pay special attention. You can’t just take it and say how exactly you will be paid a salary for the days worked. Several factors will need to be taken into account.
The second point is your activity. In some cases, according to Art. 153 of the Labor Code, payment for non-working days and days off, in general, is not allocated. Either it is not compensated, or it has some features. So again, it will not be so easy to quickly draw a conclusion about the amount that you are entitled to. But if you carefully study the paragraphs of Art. 153, you can get answers to all your questions. What do you need to prepare for?
Typical case
For example, to the most common scenario. The point is that, according to Art. 125 of the Labor Code of the Russian Federation, payment for non-working holidays, as well as days off, is made at a double rate. That is, if for a number of reasons you went to work when you were not supposed to, you can demand double pay. Of course, only for those days that you worked on holidays and weekends. And the rest of the time is paid according to the usual scheme. This is exactly what the current legislation of the Russian Federation says. True, the law has certain features. Everyone needs to know about them.
pieceworkers
For example, you can often find piecework wages. For such workers, their own payment rules are also provided. They, as you might guess, are not much different from the generally accepted norm. 
So, according to the text of Art. 153 of the Labor Code of the Russian Federation (with or without comments), then pieceworkers also receive double pay. More precisely, it is charged at a double rate. This method is also called piecework double pricing. If you are offered work on a weekend or a holiday at the usual rate, you have every right to refuse it. This is a direct violation of your rights.
Daytime and hourly
What if only daily and hourly rates are used in calculations? It's also easy and simple. If you look at the text of our today's article, you can see what is written there regarding this issue.
Employees who work at daily or hourly rates must receive at least twice the salary for hours worked on a weekend or holiday. It is quite possible to earn more, but less is, again, a direct violation of the rights and the Labor Code of the Russian Federation. You can demand that holidays and weekends be paid at least double the rates. It doesn't matter if they are daily or hourly.
When processing
It often turns out that working on holidays and weekends is processing. Such work should also be paid adequately. And not only in the form of a salary. This process has its own characteristics. And they, of course, are spelled out in Art. 153 (Labor Code of the Russian Federation).
The thing is that employees who remain at work on weekends and public holidays should receive not only double the amount of wages. When it comes to processing, they without fail paid twice the basic salary. Depending on what kind of calculation you have - hourly or daily, the amount will change. Many citizens note that here sometimes payment by the hour is much more profitable than by the day. But this is not written in the laws.
Culture and media
Well, special attention should be paid to citizens who are employed in the fields of cultural and organizational activities as well as in the media and journalism. These people usually do not work as prescribed by the rules, but when it is necessary. In fact, their salary is also calculated according to different principles. And wages on non-working days, as well as on holidays, have several features.
First, as has already been said, all labor in our present case must be paid double. Just not always. Under certain circumstances, an increase of several times is possible.
Secondly, citizens who work at exhibitions, organize events, and also work in the media and journalism, usually pay special attention to a signed employment contract. And it is right. It is there that the basic rules that must be observed are prescribed. Payment during non-working holidays, as well as weekends included here. Just look at what conditions were set in a particular case. This is where the provisions of Art. 153 (Labor Code of the Russian Federation).
Treaty
Another feature provided by our current law is, as in the previous case, an employment contract. Often, it is there that the norms are prescribed that are laid down for calculating wages on non-working days or holidays.
It does not matter what agreement was concluded - collective or not. The fact remains: all the norms that are supposed to be observed when calculating wages in a particular case are prescribed precisely in the contract. Most importantly, pay attention to the fact that on weekends and holidays, in any case, you should receive a salary of at least double the amount. If such a clause is not provided, think about the conscientiousness of the employer. According to the modern legislation of the Russian Federation, it is double pay that is set at a minimum for employees who work when they should not. 
Day off
Art. 153 of the Labor Code of the Russian Federation also provides for special cases. For example, how will the work of an employee be paid if he wants to rest for the day worked at another time. There are other rules for this. They are extremely easy to understand.
After all, if an employee takes a day off for a worked day off or a holiday in a different period of time, he will not see any double salary. It turns out that the time of work will be paid only as it should be on a normal day. And the holiday will simply be transferred for you. There will be a substitution of one time period for another. And in this case, you do not have the right to demand a double salary. Only if otherwise stated in employment contract. In practice, there were almost no such cases. 
Peculiarities
In 2016, some peculiarities regarding specific employees became known. And they are now in force. Maybe things will change, but so far there is no talk of this. For example, it is worth noting that employees who are associated with the preparation and organization of events for the World Cup in 2018 and the Confederations Cup in 2017 do not have any special pay on weekends and holidays (non-working) days. That is, to them Art. 153 is irrelevant.
What does it mean? Salary will be received according to the usual principle, which is usually done. That is, a single size and nothing more. Only if the specifics of payroll are specified in the labor contract, they will be observed. In principle, it is not yet known whether these rules will continue to operate. But for now, it is on them that you should rely. 
As you can see, Art. 153 of the Labor Code of the Russian Federation. Payment for holidays and weekends, according to her, has several features. But it still remains easy to understand for citizens. Remember the main rule - you have the right to a double salary if you do not want to replace the day worked with a day off in a different period of time. If your rights are being violated, don't be afraid to file a complaint. It's not just that there are laws in the Russian Federation!
06/28/2018 The Constitutional Court issued Resolution No. 26-P, in which it clarified the procedure for remuneration on weekends and holidays of civilian personnel military units and organizations of the Armed Forces of the Russian Federation. On the basis of this decision, Rostrud employees presented new clarifications on payment for work on weekends and holidays, as well as overtime work and work at night. During the consultation, we will acquaint you with the recommendations of officials, which are given on the website https://onlineinspektsiya.rf.
Payment for work on weekends and non-working holidays
According to Art. 153 of the Labor Code of the Russian Federation, work on a weekend or a non-working holiday is paid at least twice the amount:
pieceworkers - at least at double piecework rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.
At the same time, specific amounts of payment 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.
Note: all employees are paid at an increased rate for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or holiday, the hours actually worked on that day (from 0 to 24 hours) are paid at an increased rate.
Recall that according to Part 1 of Art. 129 of the Labor Code of the Russian Federation (remuneration of an employee) consists of:
from remuneration for work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed by him;
from compensation payments (additional payments and allowances compensatory nature, including for work in conditions deviating from normal, special climatic conditions and in territories subjected to radioactive contamination, and other compensation payments);
from incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).
Employees of Rostrud base their new clarifications on payment for work on a weekend or non-working holiday on Resolution of the Constitutional Court of the Russian Federation No. 26-P.
In paragraph 3.5 of the said decision, it is noted: Art. 153 of the Labor Code of the Russian Federation, considered in the system of the current legal regulation, does not in itself imply that work on a weekend or non-working holiday performed by employees whose remuneration system, along with the tariff part, includes compensation and incentive payments, will be paid on the basis of only one component of wages - salary (official salary), and said employees when calculating the amount of payment for work performed by them on a weekend or holiday, they may be arbitrarily deprived of the right to receive appropriate additional payments which leads to an unacceptable reduction in their remuneration for work compared with payment for similar work performed on a normal working day.
Thus, when paying for work on a day off, the employer must take into account not only the tariff part of the salary, district coefficients and interest surcharges, but also compensatory and incentive payments, as well as bonuses. This interpretation of Art. 153 of the Labor Code of the Russian Federation is given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P.
In addition, Rostrud noted: despite the fact that the court decision refers to civilian personnel of military units, it is indicated that the interpretation of Art. 153 of the Labor Code of the Russian Federation is mandatory, this conclusion of the Constitutional Court of the Russian Federation applies to all employers without exception.
Overtime and night work pay
Article 152 of the Labor Code of the Russian Federation regulates remuneration for overtime work. It states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least double the amount. The specific amount of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract.
Note: at the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
With regard to the payment of night hours of work, according to Art. 154 of the Labor Code of the Russian Federation, each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the amounts established labor law and other normative legal acts containing labor law norms.
Note: currently in force is Decree of the Government of the Russian Federation dated July 22, 2008 No. 554, which establishes that minimum size wage increase at night (from 22:00 to 06:00) is 20% of the hourly tariff rate (salary (official salary) calculated per hour of work) for each hour of work at night.
Rostrud indicated that the approach in terms of remuneration, presented in the Decree of the Constitutional Court of the Russian Federation No. 26-P, is the same for all employees and employers and applies not only to double pay for work on weekends and holidays, but also to increased pay for overtime work and work at night , because otherwise it leads to an unacceptable reduction in the remuneration due to employees in comparison with payment for similar work performed on a normal working day.
How are bonuses calculated for work on weekends and holidays?
Article 135 of the Labor Code of the Russian Federation stipulates that wage the employee is established by the employment contract in accordance with the employer's remuneration systems. At the same time, wage systems, including the size of tariff rates, salaries ( official salaries), additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and allowances of a stimulating nature and bonus systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts, containing labor law.
Employees of Rostrud explained that when paying for work on a day off, the employer must take into account all bonuses. Thus, if monthly bonuses are established by the wage system and the employment contract, the amounts of which are predetermined, they are components of the employee's salary.
Note: does not meet these criteria, it is not possible to take it into account when calculating wages on a day off.
Thus, if the size monthly bonus known in advance, it is taken into account when paying for work on a day off. It does not matter how long the premium is paid. It must be doubled.
In its clarifications, Rostrud noted that the employer may provide for other compensation payments, such as payment for meals and travel, compensation for the cost of gasoline and car washing, financial assistance for vacation. As already mentioned, when paying on a day off, the employer must take into account not only the tariff part of the salary, regional coefficients and percentage allowances, but also compensatory and incentive payments, including bonuses. However, compensation for the cost of food and travel, including the cost of gasoline and car washing, material assistance for vacation are not components of wages, do not apply to compensation and incentive payments, therefore, when calculating wages on a day off, as well as average earnings during a business trip, do not are taken into account.
Is the additional payment for work in conditions of an irregular working day taken into account when calculating wages on a weekend or holiday?
According to Art. 101 of the Labor Code of the Russian Federation - a special mode of work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is provided for by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.
It should be noted that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or the rules of the internal work schedule. However, it cannot be less than three calendar days(Article 119 of the Labor Code of the Russian Federation).
At the same time, the introduction of an irregular working day for workers does not mean that they are not subject to the rules that determine the start and end time of work, the procedure for recording working time, etc. These workers are generally released from work on weekly rest days and holidays.
Thus, the involvement of employees who have an irregular working day to work on weekends and non-working holidays should be carried out using the provisions of Art. 113 and 153 of the Labor Code of the Russian Federation. Such clarifications are presented in the Letter of Rostrud dated 06/07/2008 No. 1316-6-1.
labor law financial compensation(Supplementary payment) for work in irregular working hours is not provided. However, the employer may establish such an additional payment in a collective agreement or local regulation.
So, if an organization has established an additional payment for working in irregular working hours, when paying for work on a weekend or non-working holiday, the employer must take into account not only the tariff part of the salary, but also all compensation and incentive payments, including this additional payment. This interpretation of Art. 153 of the Labor Code of the Russian Federation, given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P, applies to all employers and employees without exception.
In conclusion, we repeat that with increased pay on weekends, holidays, overtime and night work, it is necessary to take into account not only the tariff part of the salary, but also compensatory and incentive payments that are included in the wage system. Such a procedure for calculating weekend work had to be applied from June 30, since the decisions of the Constitutional Court are final, not subject to appeal and come into force from the day of official publication (Part 1, Article 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ , paragraph 4 of Resolution of the Constitutional Court of the Russian Federation No. 26-P), and the resolution in question was published on 06/29/2018.
Payment for work on a day off - Labor Code regulates this issue in Art. 153 of the Labor Code of the Russian Federation. Labor these days is prohibited by law and is possible only in exceptional situations. A special payment procedure is an additional guarantee of the right of workers to rest.
In what situations is it possible to work on weekends and non-working holidays?
Art. 113 of the Labor Code of the Russian Federation prohibits calling citizens to work on weekends and holidays. This is the basis that employers should be guided by. The purpose of this legislative provision is the full rest of workers and care for the health of citizens. Exceptions are allowed under the following conditions:
- the consent of the employee;
- taking into account the opinion of the trade union (if any);
- the occurrence of urgent work, on the implementation of which the further activities of the company depend.
In some situations, the law allows employees to be called to work on weekends and without their consent. In particular, it is allowed to work on weekends, aimed at preventing an accident. It is also possible to call employees in order to prevent dangerous situations and loss of property. In a situation of emergency or martial law, a threat to the entire population of Russia or part of it, the employer can also attract employees on weekends without their consent. Exceptions to this rule are the disabled, pregnant women and employees with young children. The legislation gives them the right to refuse such work and sets an additional condition for recruiting on weekends and holidays: medical report does not prohibit the involvement of an employee in these days.
When engaging employees to work on weekends, it is necessary to understand How is a day off paid according to the Labor Code. This is necessary for the fair calculation of salaries for employees called to work on weekends.
How is work on a day off paid according to the Labor Code of the Russian Federation?
Let's consider a question like payment for work on a holiday - Labor Code of the Russian Federation requires the employer to pay double (Article 153 of the Labor Code of the Russian Federation) or provide the employee with additional unpaid rest at another time. The employee can independently choose the appropriate compensation option.
Don't know your rights?
Double pay on weekends- monetary compensation for the lack of proper rest. Features of the calculation depend on the system adopted in the organization and the amount of time worked . Payment on holidays according to the Labor Code(part 1 of article 153) is carried out as follows:
- under the piecework system, the worker can claim payments at double rates;
- in organizations where wages are calculated at tariff rates, weekend pay according to the Labor Code produced at double rates;
- employees who receive a salary on a monthly basis and have worked weekend hours within the monthly allowance may count on a single rate per day or hour as a supplement to their salary;
- those who fulfilled their labor functions Weekends are more than monthly.
Payment on a day off in a double amount in accordance with the internal acts of the organization
The employer can set the rules on his own. In doing so, he must comply with Art. 8 of the Labor Code of the Russian Federation, which prohibits worsening the situation of employees local acts legal entity compared to federal law. Pay for work on a day off in such a situation, it can only be changed upwards, for example, the employer has the right to set pay at a triple rate or more.
In what cases is an additional day of rest granted for working on weekends?
Additional rest is another option for compensation for, provided for in Part 3 of Art. 153 of the Labor Code of the Russian Federation. The conditions for its provision are as follows:
As noted by Rostrud in the letter “On providing time off to an employee ...” dated 10/31/2008 No. 5917-T3, the duration of additional rest does not depend on the time that the employee actually worked on his day off. For example, an employee worked on January 2 for 3 hours. In this case, he is entitled to a full day off. An employee can claim time off in any month. The main thing is to write an application in advance with a request to provide additional rest instead of double payment for work on weekends and holidays.
After receiving an application from the employee to replace the double payment with an additional day of rest, an appropriate order is issued. It indicates the details of the parties, the grounds for granting time off and the date. Also, the employer can issue the provision of time off in the form of a resolution on the application.
We arrange work on weekends and holidays
| Download order form |
Ch. 8 Art. 113 of the Labor Code of the Russian Federation requires that employees be involved in work on weekends in writing. The decision is made by the employer based on the needs of the company and features labor process In the organisation.
In large organizations, it is advisable for department heads to draw up a memorandum addressed to the head, consisting of names and positions, indicating the reasons for attracting employees to additional work. Subsequently, on the basis of the reports, the head decides on the advisability of calling employees to work on a day off.
The decision of the employer is issued in the form of an order. Legislation does not provide unified form order, so it is drawn up in accordance with the rules and regulations adopted by the company personnel office work. But in any case, the document must indicate:
- goals labor activity on weekends;
- dates of additional labor;
- Ways to compensate for weekend work.
Employees should be familiarized with the document in advance for signature.
Additional weekend pay according to the Labor Code 2015-2016 and strict engagement rules these days are important guarantees for employees to protect them from abuse by management and ensure they have a good rest. At the same time, it is important to remember that, unless otherwise provided by local acts of the organization, double weekend pay simultaneously with leave not allowed.
All work activities - the conclusion of a contract, remuneration, employee and others - are subject to the Labor Code of the Russian Federation. This is the main document regulating the relationship and working relations between the employee and the employer; other documents are also possible that do not contradict the first. For example, regulations, charters, rules, orders, orders of the organization, etc.
This article will cover in detail such a relevant topic for all employees as payment for holidays. First of all, I would like to note that wages for red days of the calendar or days of rest with a sliding and non-shift work are different. This issue is regulated
The most important and interesting moment in the work process for employees is the material part, namely the salary. Many are faced with the fact that the head asks to go to work on a weekend or holiday. And, quite naturally, everyone was interested in the question: "What do I have the right to get for this?"
Payment regulation
Payment for work on holidays and non-working weekends is determined by regulations, a collective or labor agreement, in accordance with which it can be increased. One way or another, all organizations (OK, accounting) are directly interconnected with the Labor Code of the Russian Federation and cannot contradict it, respectively, overtime work is paid at a double rate, and no less.
Providing a day of rest: conditions
By agreement with the employee, instead of payment for hours worked on weekends and holidays, he may be given another day to rest. In this situation, the payment is made in a single amount for going to work, and the day for rest is not paid.
It is an integral part of the work process and must be reflected in the employment or collective agreement of the employee.
Basic concepts used in the article
Day off. Every employee has the right to rest. Regardless of the schedule, the employee is provided with rest days.
Holidays. These are the so-called red days of the calendar.
Shift work
- sliding mode of operation. For example, 2x2 for 12 working hours, 5x2 for 8 hours, 3x3 for 12 and so on.
Non-shift mode- work schedule that corresponds to the production calendar approved by the government of the Russian Federation.
Piecework- this is work in which the amount of wages depends on the output. That is, if an employee made 5 parts for 5 rubles each, his earnings will be 25 rubles, if 10 for 5 rubles - 50 and so on.
Work at hourly and daily rates- salary in this case depends on hours worked. For example, an employee worked 164 hours a month - he will receive a salary only for these hours.
Salaried work- This is the most stable salary. It does not depend on the work performed or the hours worked. This is a fixed rate.
Categories of citizens who are prohibited from being called to work on weekends and holidays
In accordance with the Labor Code of the Russian Federation, the employer does not have the right to involve the following employees in work on weekends and holidays:
Persons under 18 years of age. The exception is employees of creative positions and professions (Article 248 of the Labor Code).
. Pregnant women (Article 259, part 1 of the Labor Code of the Russian Federation).
As for the rest of the citizens, if the management involves the employee to work on a weekend or holiday, he is obliged to warn him in advance and issue an order or order to exit.
Payment for holidays and weekends for employees of creative professions (media, television and video operators, cinematography, theater and concert organizations and other groups associated with public performances) is determined by regulations, labor or collective agreements.
Typical situations and conditions for attracting an employee
- Disabled people.
- Persons raising children under 3 years of age:
- women;
- single fathers;
- guardians or trustees.
| Situations in which it is necessary to involve employees on non-working weekends and holidays | Employee category | Terms of engagement |
| Emergency (for example, industrial accident, natural disaster or catastrophe) | Special category | 1. Work should not have medical contraindications. 2. Employees must be familiar with the right to refuse to go out on holidays and weekends. 3. The employer must ask the employee for a written consent to work. |
| Other workers | Employee consent is not required. | |
| If it is necessary to prevent accidents, damage to public, municipal property and employer property. | Special category | 1. Such work should not be prohibited to the employee due to his state of health (a medical opinion is required). 2. There is a document signed by the employee, stating that he is familiar with his right to refuse. |
| Other workers | Employee consent is not required. | |
| When a state of emergency or martial law is introduced, where urgent work is required, as well as in cases of any disaster or its threat. Such cases include: fires, epidemics, earthquakes, floods or other situations that endanger the life of the population. | Special category | 1. Withdrawal is possible in the absence of medical contraindications for health reasons. |
| Other workers | Consent is not required. | |
| When there is an urgent need to perform urgent unforeseen work that affects the activities of the organization as a whole and its structural divisions. | Special category | 1. There is no ban on medical grounds. |
| Other workers | The employer has the right to call the employee without obtaining his consent. |
|
| Other cases | Special category | 1. The employer is obliged to listen to the opinion of the elected body of the primary trade union. |
| Other workers | 1. There is a written consent to go to work. |
Payment for weekends and holidays in a sliding (shift) mode of work
If there is a need to involve an employee to work on his rest days or red days of the calendar, the employer can do this by notifying the employee and obtaining written consent from him. In the event that the latter, the payment of holidays should be made in double the amount, but there are several nuances here.
Calculation of surcharge depending on the shift schedule
Payment is directly related to the schedule of the labor process:
1. If the red day of the calendar falls on the employee's work shift, then, accordingly, the hours worked fall under the norm of hours, and, according to the Labor Code of the Russian Federation, holidays are paid in this case at least in a single amount in excess of the employee's rate or salary. Or the time worked is paid at the hourly or daily rate.
For example, an employee worked 2 holidays in January, which are according to the shift schedule for workers. The total accounting of working hours is limited to one month.
The number of days worked per month, according to the shift schedule, is 20. Actual output is 20.
The monthly salary of an employee is 20,000 rubles.
The tariff rate (daily) is equal to 20,000 (salary amount) / 20 (number of working days in a month) = 1000 rubles.
Thus, for each holiday, the employee will receive an additional payment in the amount of one thousand rubles. Since there is an additional payment to the daily tariff rate, the employee's salary this month will be 22,000 rubles, without deducting income tax.
2. In the event that an employee considers this day to be a day off according to the schedule, then payment is made in double the amount, in accordance with the legislation of the Russian Federation.
Let's say there are 20 working days in a month. Actually 22 worked.
The monthly salary of an employee is 20,000 rubles.
The daily rate is 20,000 (salary amount) / 20 (number of working days in a month) = 1,000 rubles.
Since the employee’s holidays are days off according to the schedule, and the employer calls him to work, then for each day a person will receive 2 thousand rubles. Therefore, his salary will be 24,000 rubles.
The law also provides for the replacement of cash payments with a day of rest in agreement with the employee.
Overnight pay on public holidays
The shift schedule provides for work not only during the day, but also at night.
Night hours are the period from 22:00 to 06:00. Such working time paid with at least 20% surcharge.
Salary on public holidays: night shift
1. If the employee has a holiday as a worker, then a single additional payment is made to the increased payment for night hours. That is, the employee in this case will receive: a tariff daily rate + an allowance for night hours + an additional payment in a single amount.
2. In the event that an employee has a holiday according to the schedule as a day of rest, and he is involved in work, then the payment will look like this: the tariff daily rate + allowance for night hours x 2. That is, in this situation, holidays are paid in double volume.
Payment for weekends and holidays with non-shift work
Non-shift work means that the employee is at the workplace from Monday to Friday, resting on Saturday, Sunday and holidays, and is guided in the work process by the production calendar.
Payment for non-working holidays and days off under this mode of operation is carried out at least in double the amount for the following groups of employees:
Pieceworkers.
. Employees working on a paid hourly or daily rate.
. Part-time workers.
. Employees who have a salary.
At the request of the employee, the payment can be replaced by the provision of a day off.
Reflection of the order and amount of payment by the employer
The employer must reflect in the conditions of employment or collective agreement, normative acts, the amount and procedure for remuneration on red days of the calendar and days of rest.
The main parameters that deserve the attention of the management:
Determine the impact on the amount of payment of the number of hours worked on non-working holidays and weekends.
. Use average daily rates or average hourly rates, which are calculated based on the employee's salary and the average number of working days in the current month or on the daily part of the salary from the standard working hours of a particular month.
. Determine whether the tariff rate (salary) or the amount of earnings, which includes stable allowances and surcharges, will be taken into account.
Overtime pay
Most organizations keep a cumulative record of hours worked. overtime hours those that the employee has worked in excess of the standard time are considered accounting period. The first two hours in excess of the norm are paid daily in one and a half volume, all remaining hours are subject to compensation at a double rate.
Results
In this article, the nuances of paying for days off and holidays by the employer were revealed, and the conditions for attracting workers of a special category in typical situations were also considered. Particular attention is paid to the payment of red days of the calendar and days of rest in sliding and non-shift modes of operation. Provides information on overtime compensation. Remuneration for work on holidays and weekends is either a double surcharge, or the provision - in agreement with the employee - of another day of rest instead of the worked one. When working from 22:00 to 6:00, two guarantees are maintained: payment for holidays and night hours.
The labor legislation of the Russian Federation provides for compensation in case of deviation from the normal (standard) working conditions provided for by the production calendar. Any organization, having its own regulations governing payment processes, must be based on the law and not contradict it.
Remuneration for work on weekends and non-working holidays in the Russian Federation is regulated by Article 153 of the Labor Code of the Russian Federation. The Labor Code determines the procedure for calculating the amount of payments to an employee called upon to fulfill his official duties during holidays. The provisions of Article 153, namely the procedure for paying days off, are of interest not only to employees, but also to employers. As well as the procedure for processing documents for recalling an employee from the weekend. No one can force you to work on weekends. But in the Russian Federation, such a need very often arises. The payment must be double. The Labor Code of the Russian Federation (or, to be more precise, Article 153) tells in detail how to do it right so that the law is not violated and the employee is satisfied.
Most often, a call from a day off to work is due to production needs. The work schedule does not matter. If an employee works on a slippery schedule (for example, two in two, a day in three, etc.), then shifts that fall on holidays are also paid double. Which of the days are recognized as non-working can also be viewed by looking at the Labor Code of the Russian Federation. This information contained in article 112 of the Labor Code. The right to rest on weekends and the prohibition of going to work on weekends and holidays are indicated in articles 111 and 113 of the Labor Code. As mentioned above, the employer has no right to force a subordinate to work on weekends. First, his consent must be obtained. But at the same time, there are situations when a subordinate simply cannot refuse. They are also spelled out in the Labor Code of the Russian Federation. All these situations, as well as the procedure and amount of payment, the procedure for processing documents, we will consider further in the text.
In addition, users of the RightConsumer portal have unique opportunity get individual advice from our lawyers.
You can find out how the provisions of the Labor Code of the Russian Federation are applied in practice and how to use them in relation to your situation online.
The theme of work on the day of rest will be considered on the example of a five-day week. The Labor Code of the Russian Federation defines working days from Monday to Friday inclusive, unless other conditions are specified in the employment contract. The Labor Code does not allow calling to work a day that is not intended for work. In addition to these two days, any day of a public holiday is also a non-working day. The list of holidays can be found in article 112 of the Labor Code of the Russian Federation:
- the first five days of the new year;
- Christmas Day (07.01.);
- holiday of men (23.02.);
- World Women's Day (08.03);
- the first day of May;
- celebration of the victory in World War II (09.05);
- fourth day in November;
- 12 June.
According to the Labor Code at this time, subordinates can work exclusively at will (taking into account production needs). No one can force them. In addition, it is categorically impossible to call for the fulfillment of their duties:
- pregnant women;
- underage athletes;
- minors, with the exception of certain professions (television, circus, cinema, etc. - if they participate in the creation and / or performance of creative works).
Also, subordinates with a certificate of disability and mothers with small children (up to the child's third birthday) do not work on a day off. The above categories of subordinates must be notified that they have the official opportunity to refuse the authorities. In fact, they are considered notified when they put their signature on the order. The remaining categories of employees do not have the right to refuse a call to work on any day in the following situations:
- performance functional duties help avoid disaster
- performance of functional duties will help to avoid situations;
- the performance of functional duties is necessary to eliminate emergency situations or disasters;
- preservation of the property of the employer;
- the performance of functional duties is necessary in accordance with the regime that is adopted in the country / region when a war breaks out and / or hostilities are underway.
All of the above information is confirmed by the Labor Code of the Russian Federation. On our website, the consumer has the opportunity to study the Labor Code with actual changes for the current time by downloading it to your computer.
How to pay (153 st)
Art. 153 of the Labor Code determines the procedure for paying for work on a holiday / day off. The basic rule is double the salary:
- if the work is piecework, then the calculation is based on piece rates multiplied by 2;
- if payment is made per day or per hour, then the established amount per day or per hour is multiplied by 2;
- if the employee works on a salary, then daily or hourly rate depending on the size of the salary and multiplied by 2 - the money earned over the weekend / holidays goes in addition to the established salary.
Article 153 limits only the minimum size for calculations. That is, double the salary is the lower limit of the salary.
The amount may well change upwards at the request of the employer. When drawing up an employment agreement, it is possible to discuss in advance the conditions for going to work during the weekend and the amount of payment. In addition to the above information, the provisions of Article 153 of the Labor Code give the employee the right to choose. Instead of double payment, he has the right not to work on any of the working days. That is, work during the weekend will be paid at the standard rate. In this case, the day off is not paid. The provisions of Article 153 of the Labor Code also determine the procedure for settlements with persons of creative professions (actors, television and radio workers, artists, circus performers, etc.). Their profession involves frequent work on weekends/holidays. For this category of people, additional remuneration is determined in the terms of labor agreements (individual and / or collective) or by the organization's own regulatory legal acts.
How to issue
To attract an employee to work on his weekend, you must obtain consent signed by his hand. And for this, he needs to be notified that his professional quality useful to the employer on non-working days. A sample notice can be downloaded from our website.
The form this document is not binding and can only serve as an example. Notification of employees occurs in random order. That is, the form of the document can have any form. Mandatory data in the content of the notice are:
- Full name of the employee;
- the reason for the withdrawal during non-working hours;
- day and month of the call;
- the amount of time to be worked;
- type of compensation ( cash reward or rest at other times).
In the notification, the subordinate makes a note of his good will to the boss's proposal and, if desired, independently chooses the type of compensation for the time spent. Separately, it should be noted about compensation. employers, especially in public sector, try not to offer double payment for the performance of duties by an employee during his vacation. It is easier for them to provide an additional day off, adding it to the vacation, for example. This is an infringement of the freedoms of a subordinate and a violation of his rights. The employee himself can choose which type of compensation suits him best. The only exception is when the type of compensation is prescribed in the terms of the employment agreement. At the same time, an additional output employee must also choose himself and not necessarily immediately. The subordinate may at any time write an additional statement and ask for the time off due to him.
The provisions of Art. 153 indicate that no matter how many hours are spent on the day of the call (even if not full time), the day off is provided in full. Subordinates who fall into the category of people whose recall from the weekend is prohibited (they are mentioned above) must be informed of the right to refuse (also against signature). After the good from the subordinate is received by the employer, he must issue this action with an order. The absence of an order can have a detrimental effect on the fate of the organization. As the practice of litigation shows, the court decides in favor of the employees. The only negative is that not every employee goes to court, guided by the fact that due to a small amount, you can lose your job. If you have any disagreements with the employer, including on the interpretation of article 153 of the Labor Code, you can apply for free consultation to practicing lawyers. This can be done on the Consumer Rights website using the feedback form.