Innovations in pay for work on weekends, holidays and nights. Work on weekends and holidays labor code Amendments to article 153 of the labor code

Official text:

Article 153. Payment for work on weekends and non-working days holidays

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

pieceworkers - at least at double piecework rates;

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

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

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

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

Remuneration of work on weekends and non-working holidays 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 Russian Federation taking into account the opinion of the Russian tripartite regulatory commission social labor relations, can be determined on the basis of a collective agreement, a local regulatory act, an employment contract.

Lawyer's comment:

The amount of remuneration for work on a day off and non-working holiday (for the time from 0 to 24 hours) cannot be lower than that established in part 1 of this article. Payment for work on a day off and a non-working holiday for employees who have a fixed salary has certain specifics. Such employees are paid for work on holidays or weekends:

Not less than in the amount of a single hourly or daily rate in addition to the salary, if work on such a day is included in the normal working hours of a given month;

Not less than double the daily or hourly rate in addition to the salary, if the work on such a day was carried out in excess of the monthly norm of working time.

In order to determine whether to pay in a single or double amount for work on a weekend and a non-working holiday for employees who are paid, it is necessary to find out whether work was carried out on a holiday within or in excess of the monthly norm of working time. It depends on the specifics of the organization's activities and it does not matter the norm of working days and hours established by the production calendar.

According to paragraph 1 of the Clarification of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 13 / P-21, which, in accordance with Article 423 of the Labor Code, continues to operate, work on holidays:

1) is performed within the monthly norm of working hours and is paid in a single amount:

In continuously operating organizations;

Organizations that use the summarized accounting of working hours. The summarized accounting of working time, in particular, can be used for shift work, in organizations using the rotational method of organizing work, as well as on public transport;

2) is performed in excess of the monthly norm of working time and is paid double in all other organizations, regardless of whether the working days are fully worked out or not in a particular month.

Work on weekends and non-working holidays is not considered as overtime if it does not exceed the established rules of the internal work schedule duration daily work for this category of workers. Hours worked in excess of this duration are considered overtime. However, work during such hours is paid in the same amount as work on a holiday, i.e. not less than double the amount for each hour of overtime work. The specific amounts of payment for work on weekends and non-working holidays of the article are not established by the employer independently, but by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees or an employment contract, which corresponds to the basic principles labor law on the combination of state and contractual regulation of labor relations and other relations directly related to them, social partnership including the right to participation of employees, employers, their associations in the contractual regulation of labor relations and other directly related relations.

With the consent of an employee who has worked a day off or a non-working holiday, he may be granted another day of rest. At the same time, work on a holiday is paid in a single amount, and a day of rest is not subject to payment. The Labor Code also provides for the possibility of payment for work on weekends and non-working holidays for a number of categories of creative workers on the basis of an employment contract, a collective agreement or a local regulatory act of an organization. List of professions and positions of creative workers in 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, features labor activity which are established by the Labor Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

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

pieceworkers - at least at double piecework rates;

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

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

An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.

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

Comments to Art. 153 of the Labor Code of the Russian Federation

1. According to Art. 37 of the Constitution of the Russian Federation, every employee is guaranteed days off and holidays by the state. Work on weekends and non-working holidays is generally prohibited. The employer has the right to involve the employee to work on a weekend or holiday only on the grounds established in Art. 113 TK. This article provides for 3 cases, in the presence of which the employer has the right to involve the employee in work on weekends and non-working holidays. In addition, the employer may establish additional grounds for involvement in such work.

2. Art. 113 of the Labor Code lists the categories of workers whom the employer does not have the right to involve in work on weekends and non-working holidays.

3. If the employee own will worked on a weekend or non-working holiday, he is given another day of rest at his request. Work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Thus, work on a day off is either compensated by payment in the amount of daily earnings, or can be replaced by a day of rest.

4. If an employee on a weekend or a holiday did not work a full day, but only part of it, for example, 6 hours instead of 8 hours, then he is given a day of rest in full.

Work on a weekend or non-working holiday is paid at least twice the amount: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working hours. Specific amounts of remuneration for work on a weekend or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract. At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Remuneration of work on weekends and non-working holidays for creative workers in the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

website/stat/tk-glava-21/statia-153/

2/21/2018 - Bogdan Mett

I work as a watchman at the STATE BUDGET PROFESSIONAL EDUCATIONAL INSTITUTION OF THE REPUBLIC OF CRIMEA, according to the schedule every other day. In January 2018, he worked on January 3 from 8-00 to 8-00 on January 4 and from 8-00 on January 7 to 8-00 on January 8. For this month, I received an additional payment for work on holidays in the amount of -16 hours. Explaining that the holidays in January are only January 1 and 7. Have I been billed correctly?

02/20/2018 - Alexey Kurov

Art. 153 provides for payment in a single amount with the provision of a day of rest. The question is, in what period should this day of rest be granted? : 9:00 - 11:00

12/17/2017 - Eduard Chernyatinsky

I work as a driver in a private company without days off, no orders are written, they pay half the black half the white salary and what should I do to file an application with the court or what

06/07/2017 - Larisa Mikhailova

how should I be given time off if processing was paid in a single amount and time off is provided for vacation

08.12.2016 - Vadim Shunkov

10/31/2016 - Victoria Koroleva

My work schedule is 2/2 from 9:00 to 21:00. I worked one day and then at night and plus the next day until 17:00 we were at work due to the reduction in the area of \u200b\u200bthe store, we did not sleep as a team, the total number of hours was 32 , is it according to the law? We also do an audit every two months and only at night, even if on a shift, how should all this be paid and is it supposed to be so according to the law?

09/27/2016 - Zhanna Timofeeva

hello! I work as an operator on a shift schedule day / three. on the this moment one of the operators is on vacation and we work for him, that is, we go out on our days off to work part-time, tell me how these days should be paid?

08/24/2016 - Anna Gromova

how to pay for the New Year holidays to an employee with a shift schedule with an official salary

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04/15/2016 - Vladislav Ossianov

I, a pieceworker, worked on Saturday, paid two "bare" tariffs, they assure me that they are right. I have big doubts.

04/15/2016 - Boris Prokhvatilov

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04/15/2016 - Artem Belogub

hello. I'm a pieceworker, I worked on Saturday, I paid two "bare" tariffs. The rater assures that he is right?

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04/04/2016 - Roman Khukhorov

Hello. I work in three days. Instead of paying on holidays, I want to get other rest days. Is it legal or not. Thank you.

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04/01/2016 - Ludmila Vinogradova

Good afternoon, the accounting department does not provide spreadsheets. And the holidays for January do not want to pay.

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03/28/2016 - Valeria Timofeeva

Should I issue an order for overtime dispatchers?

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03/28/2016 - Mikhail Preferansov

Hello! Tell me please, we have such a situation. Fireman, rate 1, works alone, salary 2758.07 plus allowances for harmful conditions 330.97, night work 899.13, holiday work 620.56, and District coefficient 40% 1595.27, Total: 6204, He requires additional payment for r

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03/06/2016 - Vadim Rakhmanov

Hello! I work in security for a day or two. How were New Year's days paid?

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02/26/2016 - Antonina Gromova

Good afternoon. I work on a salary. I worked from January 1 to January 12, 5 working days came out. I went on vacation at 13. In the pay stub, salary payment is only for 2 working days, to my questions, where is the payment for another 3 days, they say that, according to the law, working days are counted only from January 11th. How to be in this situation, in fact, I worked 5 days, and paid only for 2?

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02/24/2016 - Oleg Kalganov

Hello. Is it legal to pay on weekends and holidays in the following edition: - if the work was carried out according to the schedule - in the amount of a single part of the official salary calculated for 1 hour of work - for each hour of work, if the work was carried out in excess of the monthly norm of working time (in excess of column

02/19/2016 - Konstantin Bulany

I work at an hourly rate. During the New Year holidays, the holiday hours are 52 hours. The organization paid at a double bare rate. I have a question - for the holidays, are incentive bonuses charged for continuous service, monthly bonus, regional coefficient, northern allowance

02/08/2016 - Vera Panina

I work as a driver for a five-day weekend, they asked me to work on a schedule, how they should pay

02/06/2016 - Lyubov Zhukova

Hello. For wages on holidays. days you can ask questions

02/05/2016 - Diana Alexandrova

Holiday work with time off. Single pay for work and plus time off with pay for that day? Or just taking time off

01/29/2016 - Nikolay Sabelnikov

On Saturday and Sunday they want to carry out an audit, but they don’t want to pay, they offer a day off as payment. Is this correct and in general how it should be according to the law?

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01/26/2016 - Marina kovaleva

I work as a nurse in an orphanage, work schedule is 2/2, I worked on January 3,4,7,8 will they pay me these days as holidays

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01/20/2016 - Vladislav Protsenko

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01/20/2016 - Evgenia Efimova

Hello! I work three days, how are holidays paid?

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01/14/2016 - Polina Sergeeva

I work as a dispatcher 2 through 2 how they pay for holidays

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01/05/2016 - Olesya Petrova

in January of the current year, according to the schedule, we have 60 hours of processing without asking us, the administration sends everyone in turn on unpaid holidays for this, a schedule was drawn up, we did not write a statement

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01/03/2016 - Fedor Limonnikov

Hello, I work as a nurse in a hospital, a daily worker, from January 1 to January 8, two shifts, are I obliged to pay double pay for duty on holidays?

12/29/2015 - Lyudmila kovaleva

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12/29/2015 - Ksenia Danilova

when paying for holiday hours in January, double hours are taken from processing equal to the holiday hours worked

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12/28/2015 - Yuri Omelyushkin

Hello! I have been working for a private trader for three days, how are holidays paid?

12/16/2015 - Valentina Belousova

Hello, I work on a rotational basis from 12/22/15 to 01/27/16 they are sent to guard the equipment how my payment will take place in January 2016, I am on salary thanks.

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24.10.2015 - Natalya Kazakova

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10/24/2015 - Yulia Titova

Does irregular working hours apply on public holidays (January New Year holidays) for medical aid drivers in countryside

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10/15/2015 - Daniil Khlobystov

work on weekends 29 and 30.11.2014, now I want to take paid days, is it possible?

10/13/2015 - Antonina Nikiforova

Hello! Can you please tell me what is required for working on a day off?

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10/10/2015 - Alina Bobrova

I was on a business trip for 4 days I was on a train on the road I got on the weekend I don’t want to pay for them what to do?

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04.10.2015 - Galina Titova

I work as a driver of the 1st class for work on weekends, they don’t pay either class or incentive bonuses, is it legal

09/29/2015 - Anastasia Frolova

I work in bank. 40 hours work week, irregular working hours, monthly salary. If I work on Saturday, i.e. 4 hours a day off, what am I supposed to do for this?

09/28/2015 - Ksenia Ponomareva

Good afternoon! I work as a leading economist, went to work on holidays on orders with a single pay and the provision of days off. Now I want to take these days. will they be paid?

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09/08/2015 - Lilia Petrova

when calculating the salary of watchmen in a state-owned enterprise, where the working week is 5 days, what average monthly balance should be taken for a five-day or six-day period

09/03/2015 - Vera Medvedeva

Tell me, I quit by agreement of the parties. I have unpaid time off for work on weekends and holidays 37 days, I worked according to orders! I wrote an application for payment and they do not say anything. ignore. I have already taken my job. what should i do? are they silent? I'm not allowed to see the boss. and labor in

06/28/2015 - Vladimir Glyzin

I work as a storekeeper on a shift one day after two. One of us is on vacation, so the whole month we work together day and night. How should they pay this month if the enterprise is municipal and no papers were signed to change the schedule. Thank you.

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06/09/2015 - Claudia Pugacheva

I work on a shift schedule due to production issues, the work schedule was changed from May 1-8, I had to work every day I was not notified about the schedule change and went according to the previous schedule, as a result, I was deprived of a monthly bonus for absenteeism is this legal

06/06/2015 - Artur Filipov

With a six-day working week, the day off was moved to a weekday. Is Sunday paid double?

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06/06/2015 - Tamara Nikiforova

Hello. Tell me please, I work as a security guard May salary 12455 night 64 hours holidays 16 processing 45 hours accounting period Quarter what is the salary for May

06/06/2015 - Anatoly Osminkin

Hello! We are 4 people at work, we work for 12 hours (day night sleep. day off). One person goes on vacation and they put me day day night sleep, day day sleep. Another day, night, night, otsyp, day, night, night, otsyp. The third one remains on the same schedule. We were told that overtime will not be paid, is it legal and for which article of the Labor Code. can we lean??? Who to contact?

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06/05/2015 - Anna Fedorova

Hello ia! I worked during the January holidays. Payment was made in a single amount. Now I want to take days off for these days, but they don’t want to pay me for them. Is it legal?

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06/02/2015 - Valentin Gogunov

I have a shift work schedule: every three days. In January, I was paid holidays for 44 hours at the rate of 8602 rubles. : 120 scheduled hours x 44 hours. And in May, my tariff rate changed and I was paid 28 holiday hours 16800: 164 (according to the plan 143) X 28. Is this legal and where could 164 hours come from if I worked 176 hours in May.

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05/28/2015 - Yaroslav Rog

Hello. Please tell me if I worked on Saturday by order of a day off for one day of payment and one day of rest (I’ll take it on Wednesday of the next week), whether this day will be paid (rest day).

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05/19/2015 - Natalya Sergeeva

please tell me how weekends should be paid if they fell on the way to a business trip and back and being on a business trip, but without being involved in work.

05/11/2015 - Ilya Simanov

I work as a pieceworker on a staggered schedule. Does the employer have to pay me extra for such a schedule?

05/03/2015 - Alina Sokolova

Hello. Please tell me how the remuneration is made on holidays for employees with a shift work schedule

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04/15/2015 - Yana Yakovaleva

Hello! Forced to work on weekends and holidays, so we worked on February 23 and March 9. How they pay for it is not clear. so z.p. half unofficial. How can I refuse to work without harming myself. in an employment contract. which they gave me says that work on holidays

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04/11/2015 - Vladimir Varlygin

I worked the holidays and at the end of the month I went on sick leave and they didn’t pay me, they told me that they pay only for a fully worked month, is it legal

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04/09/2015 - Valentina Kozlova

Compensation has accumulated in navigation. Do I have the right to take them off when I need it. Otherwise, the administration is trying to force them out even when I don’t need it.

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04/07/2015 - Artur Grinchishin

I work as a driver pay under an effective contract for work after hours I am not paid correctly

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04/05/2015 - Olga Sokolova

Hello. I am resigning from the enterprise, an audit was scheduled for March 27 and the transfer of the store to another person who took my position, will they pay me this day of transfer and how to evaluate the days until the day of dismissal, which is scheduled for April 7, these days I am suspended from work, because another person came out

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04/03/2015 - Vladimir Babykin

My employees went to Moscow to improve their skills. How should I pay if their tickets are caught on the weekend, the fare is paid and the weekend is considered as a working day?

03/29/2015 - Artem Ksandrov

Is it possible for watchmen at a state-owned enterprise to establish a rotational mode of work. work related to the protection of the so-called. cordons, i.e. with a separation from permanent place residence

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03/20/2015 - Anton Kalikin

they deprive them of bonuses without acts and orders, they hang up a list of those deprived, they can one worker several times in one month. Is this legal?

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03/14/2015 - Vera Dmitrieva

hello, I want to ask: I was on a business trip for advanced training (I'm a nurse) I studied on Saturdays (and I work 5 days a day) should I pay for Saturdays? Thank you!

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12/26/2014 - andrey

Good afternoon!!! please tell me I work 3 days after 3 to 12 hours, how should I be paid for overtime and how do I get paid when I go out on my weekends on New Year's holidays?

07/15/2014 - Anastasia

Please tell me, I work in LLC work schedule 2/2 for 12 hours. My co-worker is on sick leave. That is, I will have processing. The management says that they will not be paid. And I will only be paid my legal 15 shifts. It is legal???

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02/24/2014 - smirnova

When processing on a holiday, only processing is paid. Payment for a holiday is not made?

02/08/2014 - bone

In the presence of processing and holidays, we are paid only processing. For example, the norm is 136 hours. holiday 48 hours, only 240 hours worked. And only 104 hours were paid in double size. Is this correct?

12/25/2013 - Eugene

We work 3 shifts of 12 hours 3 days off as holidays should be paid

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12/13/2013 - Osipov Ivan

Under an employment contract, I work an 11-hour shift without days off, I work a month for a month, I have a rest, not a rotational method of work, should weekends be doubled with such a schedule?

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05/08/2013 - Catherine

I work in the housing and communal services as a cleaning lady, according to the schedule, we have days off - Wednesday, Sunday. But since in recent years the volume of garbage has increased / diapers, plastic, etc. / we are forced to work without days off. recent times holidays, if according to the schedule they are working with us - by order, so that we do not pay - they are days off. Or they are paid for 3 hours, although we perform the amount of work in full. Is this legal or not ??

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04/18/2013 - Olga

Please tell me, if the work schedule is 2/2 to 12 hours, should weekends and holidays be paid more than the rest? and in what size?

04/09/2013 - Marusya

In January, she worked 48 holiday hours, the monthly norm was 136 hours, in fact she worked 180. How should holiday hours be paid?

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04/04/2013 - oleg

How is a holiday different from a weekend? And the pay is the same. On holidays, work must be paid in double the amount, that is, the provision of time off plus payment for work on that day or the provision of two days off. And for work on a day off - just providing a day off.

03/13/2013 - Ekaterina

I work 2 working days, 11 hours a day - 2 days off. I am sent on a business trip from February 25 to March 1. In this period, only 2 of my scheduling work shifts (which, as I understand it, they will pay me in an average + daily allowance), the rest falls on my days off. How should I pay for this weekend (per diem only??)?
If possible, and relevant references to regulations. Because in accordance with the Decree of the Government of the Russian Federation of October 13, 2008 N 749 "On the peculiarities of sending employees to business trips"Clause 9 goes like this:" The average earnings for the period the employee was on a business trip, as well as for the days spent on the road, including for the time of a forced stop on the way, is retained for all days of work according to the schedule established by the sending organization.

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01/15/2013 - Katya

I work in a hypermarket and they made subbotniks for us. how should they be paid?

01/15/2013 - Skorokhodova

I work on a 3/2 schedule. How should I be paid for work on the January and May holidays if the shifts for these days coincide?

01/01/2013 - Julia

Does this article apply to stores. It seems like it should or not for all stores? I really need an answer

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01/01/2013 - natalia

We work on a sliding schedule (12-day, 12-night, dump, 12-day, 12-night, three days off). May 1. CJSC company. They explain that this is legal! How is it that people directly produce products - there are no holidays for them, and engineers sit at home for 10 days - they keep their salary! Are we not citizens of Russia?

12/13/2012 - sergey

I donate blood, they pay me 70% in the military unit, is it legal!

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12/11/2012 - Maxim

Hello, tell me please, I work as a shift metahouse for a month, I work for a month, I have a rest, should we pay for holidays?

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11/01/2012 - Ekaterina

I have a full-time work week, weekends go off. How much do they owe me for time off?

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05/13/2012 - Rustam

Hello. I work on piecework. was sent on a business trip. five days of the business trip fell on weekends and holidays. There is a rate / tariff hour = 66 rubles. average earnings per day comp. about 1200 rubles, the question is how should I pay for these days, if I wrote an application for payment without providing time off. I work at the TRZ plant.

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04/28/2012 - yuri

I work as a SUPPORT RIGGER of the 5th category. Do they have the right to make ALL WEEKENDS AND HOLIDAYS work AND PLUS WE STAY EVENING FOR 2-3 hours.

04/13/2012 - Tagir

When paying for processing at a double rate, should they pay 30% of the Far East?

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04/12/2012 - Natalia

With a schedule of 2/2 to 11 hours, I worked on February 23. How should this day be paid and is time off with such a schedule?

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02/27/2012 - Valentina

Hello! I work in three days. My salary is 6100. In January, I worked on January 1 and 5. How should I calculate wages for holidays?

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02/25/2012 - FEDOR

02/02/2012 - Konstantin

Hello! Please tell me, here I work in 12-hour shifts (day-night-fill-day off) how holidays should be paid. Federal budget.
Thank you.

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01/18/2012 - Pavel

Hello! Can you please tell me which of the payment methods for going to work on a holiday is correct?
1. Double payment.
2. Payment for one day and a day of rest.
3. Two days of rest.
And how does it show up on the spreadsheet? Thank you!

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01/08/2012 - Hope

Good afternoon!

Tell me, please, with a schedule in three days, how should the employer pay for work on holidays in January?

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12/16/2011 - Marina

I work at an LLC enterprise, we have 10 days of holidays, our director makes an audit on January 4, 5 and 6, we go to work. For these three days we are not given time off and are not paid. Is it legal? And how can our team do the right thing? We have a salary, we work in a children's clothing warehouse.

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11/10/2011 - sergey

Please tell me, I work according to a 3/3 schedule, how processing time and time off for work on holidays that fall on my shifts according to the schedule are calculated. For example, "New Year's" holidays and "May" holidays.

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09/19/2011 - Julia

Please tell me, if the work schedule is 2/2 for ten hours, should weekends and holidays be paid more than the rest? and in what size?

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08/01/2011 - Hope

Good afternoon, help us, please, make a competent application for us to be paid overtime. We work as dispatchers for a day or three, this is our usual schedule, but since two of my employees are on vacation, and the other family circumstances cares for two bedridden patients at home, then we (three employees) work for a day or two. Naturally, there is processing, but no one wants to pay us, since no one needs it and it’s not profitable to show this processing, although we work in budget organization(administration). Please help us to correctly formulate your request. Thank you! Hope.

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07/23/2011 - Olga

New Year holidays according to the law on December 1,2,3,4,5. How many days to count for a double tariff, with a work schedule of 2 through 2?

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06/23/2011 - Elena

In the presence of processing and holidays, we are paid only processing. For example, the norm is 144 hours. holiday 11 hours, only 170 hours worked. And only 20 hours were paid in double size. Is this correct?

06/17/2011 - Maxim

Thus, the Labor Code legitimizes slave labor on weekends for salaried workers. After all, they receive a single payment for the day off, and pieceworkers will receive double payment.

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06/15/2011 - Yuri

Can you please let me know if holidays should be double paid. shift schedule work, for example 3/3? Thank you.

05/26/2011 - Tatyana

Due to business needs, I was called to work for 3 days (1 full day and 2 days before lunch) during a study session, what compensation am I entitled to? Thank you.

05/25/2011 - Natalia

I work at LLC 2/2. How are holidays paid if my shifts fall on them???

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03/23/2011 - Alexey

The law cannot give two essentially different solutions to the problem of paying for weekend work. double payment must be kept! 1. just double payment; 2 single payment and rest day completely without payment! as a result, a simple single payment with the transfer of the day off! Should the day of rest be marked as a working day? Only in this case double payment is saved!

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03/16/2011 - Tatyana

If on weekends the employee was involved not full time, but 3-4 hours, how will he be compensated for this time of work

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Payment on weekends and holidays

03/04/2011 - Anya

We work on a salary, and in January we received a penny - they say that they rested for 10 days, they are not counted. Is it legal???

02/24/2011 - Larisa

Tell me please, I work at an LLC and they tell us if we want to get double payment on a holiday, we need to work extra time, is that right?

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02/06/2011 - natasha

January 15 business days, I worked 21 days, I was paid for 15, and the remaining 6 days will be paid in February! Is it legal!!!

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01/17/2011 - natalia

If I work 2 * 2, then what is the payment for the January holidays I work in LLC

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01/11/2011 - Alexandra

Does everything described in the article apply to a 2x2 schedule and if a person works in an LLC

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New edition Art. 153 of the Criminal Code of the Russian Federation

Substitution of a child, committed for selfish or other base motives, -

shall be punishable by deprivation of liberty for a term of up to five years, with a fine in the amount of up to 200 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months.

Commentary on Article 153 of the Criminal Code of the Russian Federation

1. The public danger of the crime lies in the fact that the discovery of a child substitution is a tragedy, a moral blow for parents and, as a result, can lead to serious consequences for the family and its members.

1.1. The commented article consists of one part, fixing the main corpus delicti. The act under Art. 153, belongs to the category of crimes of medium gravity.

2. The object of criminal encroachment is public relations that guarantee the inadmissibility of arbitrary interference by anyone in family affairs, the right of a child to know his parents, the right to their care, to live together with them, to be brought up by his parents (part 1 of article 1, part 2 article 54 UK).

3. The objective side of the corpus delicti is expressed in the substitution of a child.

3.1. Child substitution means that the perpetrator replaces someone else's child with his own or another someone else's child. The meaning of the comment article, substituting the child, the perpetrator expects that the fact of substitution will not be detected. The child can be replaced in the first days after childbirth, when the mother, for various reasons (loss of consciousness, fainting, mental disorder, etc.), did not see the child (for example, before the first feeding) or did not remember him. The child can be replaced not only in the maternity hospital, but also on the way home from the maternity hospital, on the street, in a store, at the place of residence, etc. At the same time, the perpetrator counts on the fact that the child was not remembered by his parents and other persons.

4. The crime is considered completed at the time of the replacement of the child.

5. From the subjective side, the crime is characterized by guilt in the form of direct intent.

6. An obligatory sign of the subjective side is the motive - self-interest or other vile motives.

6.1. The crime is committed out of self-interest, if the perpetrator performs the substitution of the child, wishing to receive in return money, other valuables, services of a property nature, or to avoid material costs.

6.2. Under other base motives is understood the substitution of a child out of revenge, jealousy, hatred, the desire to get a physically healthy child, to raise your child in someone else's prosperous family, etc.

7. The subject of the criminal encroachment is a physical sane person who has reached the age of 16. At the same time, most often the replacement of the child is carried out by employees of maternity hospitals.

Another commentary on Art. 153 of the Criminal Code of the Russian Federation

1. The objective side of the crime is expressed in the substitution of a child, which means the unlawful removal of a child and replacing it with another. In the case when a child is removed without replacing it, criminal liability arises not for the replacement of the child, but for kidnapping (clause "d" part 2 of article 126 of the Criminal Code of the Russian Federation).

2. The crime has a formal composition and is considered completed from the moment of the actual substitution of the child.

3. An obligatory sign of the subjective side is the motive - selfish or other vile motives. Selfish motives suggest the desire of the guilty person to extract some material benefit.

New edition Art. 153 of the Labor Code of the Russian Federation

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

pieceworkers - at least at double piecework rates;

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

Commentary on Article 153 of the Labor Code of the Russian Federation

Performance of work on weekends and non-working holidays in accordance with applicable law also applies to work in conditions that deviate from normal. By general rule work on weekends and non-working holidays is also prohibited.

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

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

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

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

3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, 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 work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

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

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

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

In accordance with Article 153 of the Labor Code of the Russian Federation, work on a weekend or holiday is paid at least twice the amount. Employees who are paid according to the time system are paid for work on weekends or non-working holidays at double hourly or daily rates. Workers-pieceworkers produced on a day off or a holiday must be paid at least at double piece rates. Employees receiving monthly salary, work on a day off or a non-working holiday is paid in the amount of at least a daily or hourly rate in excess of the salary, and if the work was performed in excess of the monthly norm, at least twice the hourly or daily rate in excess of the salary.

A collective and labor agreement may provide for higher wages on public holidays. If the work falls on a holiday partially, then it is paid in an increased (double) amount only for those hours that were included in the holidays (from 0 to 24 hours). At the request of the employee, the increased payment for work on holidays can be compensated by providing another day of rest, but with payment in a single amount. In this case, the day off is not payable.

Remuneration of work on weekends and non-working holidays for 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, professional athletes in accordance with the lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

Another commentary on Art. 153 of the Labor Code of the Russian Federation

1. For the procedure for engaging in work on weekends and non-working holidays, see it.

2. Article 153 of the Labor Code of the Russian Federation establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest.

The right to choose the type of compensation belongs to the employee. Since involvement in work on weekends and non-working holidays is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application from the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made.

3. When an employee chooses an increased payment, it is made at least in double the amount. The procedure for determining the amount of payment depends on the system of remuneration:

With a piecework payment system, piecework rates are applied, increased by at least two times;

With a time-based payment system using hourly or daily tariff rates the relevant rates are increased by at least two times;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working time, an additional payment in the amount of at least an hourly or daily tariff rate is established to the official salary;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was performed in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily wage rate is established to the official salary.

The specific amount of payment for work on weekends or non-working holidays is established in accordance with Part 2 of Art. 153 of the Labor Code of the Russian Federation in a collective agreement, a local regulatory act or in an employment contract. If such amount is not established by contract, payment should be made in accordance with Art. 153 of the Labor Code of the Russian Federation in double size.

In any case, hours actually worked on a weekend or non-working holiday are subject to increased payment.

4. When an employee chooses compensation in the form of providing another day of rest, the time for using this day must be agreed with the employer. The use of another day of rest without the consent of the employer should be considered as a violation of labor discipline by the employee.

Since work on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an entire additional day of rest should be provided. An additional day of rest is not payable.

5. Special rules for remuneration on weekends and non-working holidays are established for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance ( exhibiting) works of professional athletes. On the one hand, the nature of the activities of such workers and such organizations involves their work on weekends and holidays, on the other hand, these workers are equally subject to guarantee norms. labor law. Based on this, part 4 of Art. 153 of the Labor Code of the Russian Federation provides that an increase in the wages of these persons on weekends and non-working holidays is established by an employment contract, a collective agreement or local regulations organizations, but minimum size is not limited.