153 article Labor Code The Russian Federation acts as a legal standard that regulates the process of labor activity during the weekend. Per labor activity payment is made according to staffing organizations and is regulated by labor laws. Labor activity during holidays or weekends is paid at several rates, which has a legal basis. Labor legislation regulates the relationship of both participants in the process. Legal side and obligations, billing is regulated in accordance with established rules and laws.

Specifics of Article 153

Double pay on weekends and holidays is the minimum that is required by all citizens according to the law. Employment during a public holiday or weekend is stipulated in the Labor Code. Legal regulations and the prescribed remuneration are mandatory for the employer, evasion of payments entails penalties and administrative punishment.

The nuances are defined by law and consist of the following aspects:

1. Payment to the pieceworker is made at a double salary according to the established, approved rates.
2. For an ordinary employee, work during rest is paid according to the rate. The rate consists of a tariffication, which includes an hourly or shift salary established by the general rules.
3. An employee who receives a fixed salary has the right to receive additional payments when going to work outside working time. The amount of the payment does not exceed the established tariffication of the hourly or daily salary, which is provided by the governing bodies.

Payment is made according to the law, the employee works over time or goes to work on a day off, then the employer is obliged to pay the output in two times.

Each organization and company with a permanent staff makes up a collective labor contract. The document has legal force and has specific powers, which are determined on general meetings by voting. The point of payment for labor activity is negotiated at the meeting. With the help of voting, you can set the due payments.

The contract controls the main aspects of the activity, with the help of the document, the employees themselves are able to set standards in accordance with current law and regulate payments, compensation. The employee has the right to financial reward get a day off, coordinating the nuances with the management. The choice to go to work on a weekend or a holiday is paid with one salary, and the day of rest is not payable.

Control Rules

Citizens who are engaged in creative activities: actors, theater workers, television employees, those citizens also work on weekends, their remuneration is determined by a local regulatory act. Different areas of activity have their own control levers, which not only regulate the process of payments, but also resolve controversial issues related to processing.

Basic rules governing activities:

1. The main thing that a citizen should know is that payment is made in double size. If necessary, in coordination with the authorities, employees receive time off on any day. The possibility of obtaining a day off depends on the type of activity and the reality of such a replacement.
2. The laws provide only a minimum amount of payments. Different amounts are assumed for the employee and employer, and payments are also adjusted using a collective agreement.
3. The amount is formed with the help of a general meeting, clarifications are written in the employment contract when applying for a job. The collective agreement controls the execution of the order.
4. For creative professions, labor legislation provides for payments for work on weekends. Local normative document contains information on a specific type of activity and indicates a fixed cost of processing during the weekend.

Payments are controlled not only by the accounting department, but also by the controlling tax authorities, which monitor the correctness of the transfers. The rules are the same for all organizations, but there may be deviations from uniform format. These clarifications are included in about internal organization or company documentation. The nuances are approved by the accounting department and the commission.

The schedule of a citizen is purely individual, it is determined by a labor document. The distribution of working time occurs in advance, regulated by labor documentation. If the work schedule is irregular, then this item is included in the contract for signing when applying for work as agreed by both parties. In this situation, the time of weekly working off cannot exceed the limits established by law.

An incomplete work schedule is formulated in several ways:

• the employee is engaged in activities for several hours throughout working week;
• The employee works several days a week.

The schedule is drawn up according to the established internal regulations organizations. The citizen, following the instructions, distributes his working time according to the established labor framework.

A part-time work schedule can create difficult situations due to the lack of accurate working hours. The employer leaves the employee to complete his duties for a time after the past work schedule, this is considered processing, but due to the lack of a schedule, it is difficult to prove the right to receive payments.

There is no strict clause in the legislation in relation to irregular working hours, because most citizens work in several jobs at the same time for a predetermined amount.

According to the law, irregular overtime applies only to employees who work several days a week under an employment contract. Fundamentally, for a person who works every day, but not the full number of hours, an irregular schedule does not apply.

The legislation provides for clarifications to the usual articles and bills. Changes are made according to the session or order, which is a clarification to the previously adopted law. Labor legislation fully controls all areas of relationships between employees and company management.

The clarifications relate to different parties and suggest the following points:

1. A citizen, entering a job, signs an employment contract, which explains all the nuances, duties and powers of the activity of a particular employee. The prescribed amounts are minimal, payments are increased through a joint agreement, securing compensation by a collective agreement.
2. Compensation is a prerequisite for calling an employee after hours. The employee independently chooses incentive measures. The collective agreement provides for the amount of payments.
3. The collective agreement provides for loyal benefits for all citizens who go to work on their day off; the document regulates payments and amounts.
4. The first part of Article 153 establishes a minimum wage, which is added to the salary when the schedule is revised. Athletes, artists receive compensation in accordance with the standards. The only difference between an ordinary worker and an artist is the fact that a local regulatory act is drawn up: artists and creative people sign the document alone.

Article 153 has clarifications that relate to different areas human activities that affectand the amount of the salary due to the specifics of their activities.

The article is amended, according to which only specific hours are paid. The processing time is entered into the internal journal of the organization and noted by the manager and employee.

Before the amendments, a citizen, when going to work on a day off, received payments for an 8-hour working day. Today, the amendment has changed these points, the employee receives money only for a predetermined time.

To save your money, this option is more acceptable to the employer. The process of labor activity during non-working hours occurs in the following order:

• the employer calls the employee on the day off, specifying the range of his work;
• a note is made in the internal journal about the number of hours worked;
• the employee receives remuneration when receiving a salary.

Such frameworks have become tougher in relation to employees, but their work is paid by the hour, which is provided for by law. Changes are regularly made to the Labor Code. The amendments are influenced by many factors, both external and internal, which regulate the process of human labor activity.

Updates are regularly added to Labor Code. They are regulate hourly wages for providing their services outside of working time . The recycling process shouldbe confirmed by a document drawn up on the basis of the work done overtime and signed by the employee. Without a document, the employee does not have the right to agree to overtime.

Cancellation of overtime during holidays

Article 152 indicates that when recalculating overtime hours, processing for a day off is not paid. Under such circumstances, the possibility of receiving double payment is excluded. Prior to the amendments, an employee, having worked more time on a day off than established by law, more than 8 hours, received not only the established rate, but also for the overtime hours that he worked on his day off. Previously, there was uncertainty about this issue, with the amendment everything has changed.

Today, such a working day is paid twice the amount, excluding overtime. Latest updates:

1. Payment is made hourly.
2. Processing more than 8 hours is not paid extra.
3. Overtime has been cancelled.

Amendments to the law were made in 2017, since then there has been a single law for the payment of overtime.

Payment depends on the standard established by the Labor Code. The legislation provides only compensation for overtime, there are no other preferential categories.

The state also does not provide for incentive provisions that can stimulate employees to interact as needed.

If a citizen is faced with injustice towards him during the processing of the allotted time, then his actions:

• contact the administration with a request;
• apply to the court by filing a claim;
• for a favorable outcome, they provide supporting information, records, the internal journal of the organization.

Violation of workers' rights is described in a separate article in labor legislation. Processing is paid in without fail in accordance with the standards established by law.

Litigation is an extreme measure that is used when a leader evades the performance of established duties. The statement of claim is filed by the employee personally, indicates briefly the reasons for his actions, attaches documents, facts that will help resolve the dispute.

Reinstatement through the court Xia violated rights, but managers try to avoid such a fate and carry out all the required procedures legal.

in particular article 153,regulates compensation, payments for going to work on a day off. The citizen independently chooses the method of encouragement: this is an additional day off or payment of the rate in two times the calculation. Involve an employee in such labor activity by means of a written approval of a legislative decision. When drawing up a written agreement, the boss and employee prescribe all aspects of labor activity, including the method of remuneration.

If the employee has chosen double payment, then there is an order for the formation of the amount of payment:

1. Piecework payment is used regularly in many enterprises. During processing, the employee receives payments in the amount of an increased piece rate.
2. Hourly pay for labor activity is provided for by the documentation of the organization, this amount is doubled and paid to the employee when leaving for the workplace on holidays.
3. The time-based wage system with a monthly salary assumes an established standard. If labor activity was carried out within a month, then an additional payment in the amount of the established salary is added to the salary. tariff rate.
4. If the company has a fixed monthly salary or hourly wage, then the employee, having worked more time than expected, receives a double bonus at the end of the month. The amount depends on the hourly, daily billing.

The specific amount is established by the internal documents of the organization, the collective agreement or the local agreement of a particular employee. In the absence of such documents or the blurring of data regarding paymentpayments are made in accordance with article 153 TK RF.

Changes since 2017 have made adjustments to the calculation for the processing of time holidays. Hours that have been overtime overtime are not considered overtime.

Overtime is the activity that is performed after the end of the established schedule. If we specify the concept, then any labor activity is overtime if it is initiated by the boss. At the same time, a document is concluded that describes all aspects of processing.

Processing is paid without fail, because the employee spends personal time on the implementation of tasks. Article 152 contains information regarding payment for overtime work:

• for the first two hours of processing, the payment increases by one and a half times;
• subsequent processing time at a double rate.

Such rules are acceptable for those organizations that do not have other amounts entered in the collective agreement, labor document. The employee receives overtime compensation along with salary. Payments are part wages, so the accounting department calculates according to the established tariffication.

Night work also has its own specifics, each hour is paid with at least a 20% surcharge of the established hourly amount. Processing at night is compensated by a higher surcharge, which is provided and controlled by law.

The Labor Code regulates various aspects of labor activity, which are provided for by laws and legal regulations. Remuneration is made in accordance with the adopted internal document. Processing is paid in double the amount according to the processed time.

Payment is charged for each hour, this nuance was introduced through recent changes in labor law. The night shift is paid based on the established standard. Payment amounts are controlled by collective agreements, local documents or labor documentation signed by the employee.

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 roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 18 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. A crime is committed out of self-interest, if the perpetrator performs the substitution of a 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 event that a child is removed without replacement, 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.

In June 2018, the Constitutional Court passed an important ruling. If your organization has a practice of requiring employees to work on weekends or holidays, pay attention to the ordinance. The legal position of the Constitutional Court of the Russian Federation concerns the procedure for remuneration on weekends.

From this article you will learn

Download related documents:

Article 153 of the Labor Code of the Russian Federation

Article 153 of the Labor Code of the Russian Federation in the current version has been in force for quite a long time. This rule establishes the procedure for settlements for weekends or holidays. General rules quite familiar, they have been applied since the beginning of the adoption of the Labor Code of the Russian Federation, a similar procedure was in place in earlier times, when employers were guided by the Labor Code in their activities.

The main rule established by Article 153 of the Labor Code Russian Federation- Remuneration on a day off is made at least twice the amount. At the same time, the specific procedure for calculating payments under Art. 153 of the Labor Code of the Russian Federation will depend on the remuneration system used in the organization.

• Atpiece system , an employee for work on his day off will receive a double piece rate.
• or daily payment the calculation is based on a double rate. To calculate the salary for a day off, multiply the established hourly (daily) tariff rate by two.
• With fixed salary system, the amount of remuneration will depend on whether work is performed in excess of the norm of working hours or within the limits of this norm.

Answer prepared in collaboration with the editors

Answered by Nina Kovyazina
Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia

How to comply with the requirements established by Article 153 of the Labor Code of the Russian Federation?

The court concludes that the provisions of Article 153 of the Labor Code of the Russian Federation do not contradict, that is, they comply with the Constitution. But at the same time, the Constitutional Court of the Russian Federation draws an important conclusion. Based on the legal position of the Constitutional Court of the Russian Federation, when calculating the amount of accrual for work on weekends or non-working holidays, it is necessary to take into account not only tariff rates (salaries), but also other compensation and incentive payments provided for in the organization.

Important! Article 153 of the Labor Code of the Russian Federation establishes the minimum amount of guarantees, but if an employee is paid compensation or incentive payments in addition to the salary (tariff rate), they must be taken into account when paying for work on a day off.

What should an employer do in this situation? Provide a specific procedure for calculating the payment for the day off in local act organizations, for example,

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 the monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Specific amounts of 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.

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

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

Related publications

In accordance with Article 153 of the Labor Code of the Russian Federation, wages on weekends and non-working holidays are paid at least twice. Article 153 of the Labor Code of the Russian Federation also states that instead of double payment, an employee may be given an additional day off at his request. Based on Article 153 of the Labor Code of the Russian Federation, remuneration on weekends and non-working holidays for creative workers in the media, cinematography organizations, theaters and a number of others in accordance with the lists approved by the Government of the Russian Federation is determined by a collective agreement, a local normative act or an employment contract.

The functioning of any company takes place according to a certain schedule, which takes into account the specifics of the organization's activities. Accordingly, the same principle applies to the people working in it. Each of them performs functional responsibilities with a certain frequency and has a period for rest and recovery.

Article 153 of the Labor Code of the Russian Federation stipulates the features of payment and compensation professional activity people during the rest period, namely on personal days off and days declared general non-working.

Circumstances in the presence of which it becomes necessary to involve workers in their personal time arise regularly. Such situations can be both unforeseen and planned.

Any excess amount of work must be compensated by the company, including work performed during the rest period. This is stated in article 153 of the Labor Code.

Each worker is provided. This possibility is determined by the current regulations.

According to article 113 of the Labor Code of the Russian Federation, it is prohibited to engage in labor during rest and recovery. To call a person to work in private time, his consent is required. Everyone, with rare exceptions, can refuse to work on a day off.

It is possible to oblige to perform work during a person’s rest if the following conditions are met:

• the consent of the person;
• familiarization of the employee with the reasons for the call, as well as his ability to refuse;
• informing trade union body about such a fact;
• issuance of an order of appropriate content.

It is allowed to be called to work without the prior consent of the person:

• elimination of the consequences of a catastrophe or accident;
• avoidance of accidents, damage or loss of property of the organization;
• a threat to the life and health of others, when it is necessary to immediately carry out a set of certain measures to eliminate it.

• raising children under the age of three;
• handicapped workers, if their status is confirmed by a medical certificate;
• employed, the duration of the agreement with which does not exceed two actual months.

Some workers are not allowed to be called at the time of rest, even despite this consent. This includes persons under the age of eighteen.

What days are considered non-working days?

Article 112 of the Labor Code of the Russian Federation establishes a list of dates on which people are not allowed to perform their professional duties.

Such days are established by decision of government structures. These include:

• break due to New Year holidays – New Year, Christmas;
• specific dates - the holiday of labor, the day of women, and the defenders of the Fatherland, the day of the country, and the unity of peoples.

Article 111 of the Labor Code of the Russian Federation established such a thing as a day off. Sunday is such a common day. Another day off is determined by the internal rules of the company.

If the day off and non-working days coincide, the day off is automatically transferred to the next working day.

By decision of the Government, days off may be postponed to other days, in order to rational use labor.

It should be noted that these rules do not apply to everyone without exception, since there are instances whose functioning cannot be interrupted. These include law enforcement and military structures, emergency institutions medical care, organizations that provide the supply of electricity, gas, water, food.

How is the payment done?

Features of remuneration in their personal time are determined by Art. 153 of the Labor Code of the Russian Federation. Any specialist can be involved in labor, if he is not included in the category of workers for whom the ban is established.

But each of the workers different types professional activity. Such differences lie in the specifics of the work performed. Accordingly, the principles of payment differ from each other.

General provisions have established the following forms of evaluation and payment for work:

1. Partial form. In this case, the worker receives money for a specific amount of work performed, for example, for the number of manufactured products.
2. Hourly payment. It lies in the fact that the time during which a person was at his place of work and performed his functional duties is taken into account.
3. Fixed salary for position. Man receives a certain amount, for periodically staying in his place and fulfilling the established minimum of duties.

The main principle of payment, which applies to all categories, is the production of payments in double size, based on the amount that is taken as a unit of calculation.

Another prerequisite is the fulfillment of one's duties precisely in personal time, since in companies with, working hours may fall on a day off.

With piecework pay

Article 153 of the Labor Code of the Russian Federation consolidated the principle of double pay in personal time for all employees.

This also applies to those to whom payments are made on a piece-rate basis. Its essence lies in the fact that a person receives money for the volume actually performed. The duration of the time period spent on this is not taken into account.

This principle is applicable to those specialists whose activities can be evaluated on a quantitative basis, for example, order picker, turner, digger, feller.

For such and similar positions, peculiar units of calculation are established. Examples may be the number of orders collected, parts manufactured, land area cultivated.

If such a specialist performs work in his own time, the double unit of the established calculation will be taken as the basis for calculating the payment.

With time wages

The time-based payroll principle applies to most positions. It lies in the fact that the employee receives money not for the actual volume, but for the time spent at his place of work, during which he is obliged to fulfill his functional duties.

This principle is characterized by accounting for labor time. For workers in this case, the cost of a unit of time is determined, which can be taken as one hour or a day. This also includes incentive payments, which are made in the case of the conscientiousness of the specialist.

But the principle of double payment applies in this case as well. That is, if an employee left during their personal time, the calculation will be based on twice the cost per unit of time, and the final result will depend on the total duration of functioning during personal time.

Providing another day of rest

In addition to payment, article 153 of the Labor Code of the Russian Federation provided for another type of compensation - providing a person who, another day for rest and recovery.

It should be noted that such a period is provided to a person only in case of his personal desire.

The Code does not determine in what form the request should be drawn up, but it is more correct to draw up a written request, because if this is not done, the head may pay and not provide an additional day off.

In his application, the interested person must indicate which day he wants to take for personal purposes. If an agreement is reached, the work will be paid at the usual rates, but will not be paid.

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