Holidays are loved by everyone, except for those who are forced to work these days. And how is work paid when you go to work on weekends and holidays And does the employer have the right to oblige to work at this time?
Work on weekends and holidays
There are categories of citizens who under no circumstances (even with their consent) can not be called to work in holiday time and weekends. These are pregnant women and employees under 18, excluding people creative professions. In other cases, the law does not prohibit setting a work schedule on holidays, but restrictions exist.
- The employer is obliged to warn the employee about the need to work on public holidays. Written consent of the employee is required. The decision of the employer to establish a special work schedule on holidays is formalized by order.
- If you wish to make weekends or holidays working days for an employee, the employer must take into account the opinion of the elected trade union body companies.
- It is possible to involve disabled people and women with small children (under 3 years old) to work on weekends and holidays only taking into account their state of health, and with a warning that they have the right to refuse to work on such days.
- The law stipulates special cases when the employer has the right to involve employees to work on holidays. For example, if there is a need to perform unforeseen work, on which further successful work enterprises. In this case, the consent of the employee is required.
- The consent of the employee to work on holidays is not required if it is shift work. Because in this case, the employee has already given his consent during employment and signing the employment contract.
- Some religious holidays are non-working, as they are included in the number of state holidays or are defined at the regional level. Work on other church holidays is carried out as usual. In Ukraine, if an employee does not profess Orthodoxy, he can take a day off during the holiday (no more than 3 per year) with subsequent working off.
Payment for work on public holidays
Naturally, we are most interested in the issue of payment for work on holidays, are there any allowances? Even as it should be, because we spend time at work, depriving ourselves of a legitimate and necessary rest. In how to pay for work on weekends and holidays, the legislation of Russia and Ukraine express full agreement.
They clearly describe which days are considered weekend, and which festive.
Days off are those days on which the employee is provided with his legal right to rest. Usually one of those days is Sunday.
With a five-day working week they may be Saturday and Sunday, with a six-day - only Sunday. But, depending on the type of activity of the enterprise and its internal rules, the days may change, and they may fall on weekdays.
Holidays are those dates for which a state or religious holiday is legally approved. When a holiday and a day off overlap each other, the latter is transferred to next business day after the holiday.
Engage employees to work on weekends and holidays forbidden. But there are a number of cases where allowed. About them will be written separately.
Required minimum documents
If there is a need to involve an employee on weekends or holidays, then it is necessary to draw up a certain set of documents that this employee must sign.
Overtime on public holidays
The first step is to define what overtime is. This is a type of work in which the worker recycles the rate of your hours.
This is discussed in more detail in.
When drawing up a notice of engagement on a weekend, the employer may clarify employee desired shape compensation for lost rest time: payment or time off.
At the same time, for the legislation it is completely no matter how long the employee worked when he workplace on a weekend or holiday: an hour or the whole shift. Leave is provided for all day.
Labor Code not provided proportional dependence of the duration of the day off on the duration of work on the day off.
It is very important for employees to understand that going out on holidays is all the same will be paid or they will be given another day off day.
Many employees are clearly impressed by this policy of our state: it gives opportunity to earn a little more than usual or not be present at the workplace on a day when the employee has a need to be elsewhere.
Thus, thanks to the Labor Code, work in non-working days is not an infringement workers.
In any case, employees of firms and specialists personnel department it is necessary to understand this issue, so that later at the company there were no unpleasant situations associated with the receipt by employees wages far from expectation.
In conclusion, watch a helpful video on the topic.
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: a medical report does not prohibit engaging an employee to work on these days.
When engaging employees to work on weekends, it is necessary to understand How is a day off paid? 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 — financial compensation for 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:
- at piece system the employee may qualify for 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.
AT large organizations it is advisable for heads of departments 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.
After considering the issue, we came to the following conclusion:
Engaging employees with their consent to work on all weekends during the month is not a violation of labor laws. There are no restrictions on the frequency or frequency of involving employees to work on weekends.
Rationale for the conclusion:
According to part one of the Labor Code of the Russian Federation, all employees are provided with days off - weekly continuous rest, the duration of which cannot be less than 42 hours (Labor Code of the Russian Federation). The general day off is Sunday, the second day off with a five-day working week is established by the collective agreement or the rules of the internal work schedule. Both days off are provided, as a rule, in a row (part two of the Labor Code of the Russian Federation).
By general rule work on weekends and non-working holidays is prohibited. The exception is cases directly established by the Russian Federation (Part One of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation provides for cases when it is allowed to involve an employee to work on weekends and non-working holidays without his consent (part three of the Labor Code of the Russian Federation), with written consent employee (part two of the Labor Code of the Russian Federation), with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization (if any) (part five of the Labor Code of the Russian Federation). There are no restrictions on the frequency or frequency of attracting employees to work on weekends by law. At the same time, the legislation guarantees increased pay for work on weekends and holidays (Labor Code of the Russian Federation).
It follows from the meaning of these norms that the provisions of the Labor Code of the Russian Federation on the minimum duration of weekly uninterrupted rest must be observed by the employer when establishing the working hours for the employee and drawing up work schedules. It should be noted that it will not be possible to comply with the rule of the Labor Code of the Russian Federation when exercising the right of the employer granted by the Labor Code of the Russian Federation even if they are hired on one of the days off, and in this case, the duration of the weekly uninterrupted rest of the employee will be less than 42 hours. In view of the foregoing, in our opinion, part five of the Labor Code of the Russian Federation is a special norm in relation to the Labor Code of the Russian Federation and the employer has the right to involve an employee to work on weekends for two days in a row, as well as on weekends for two or more weeks in a row, subject to the conditions provided for by the Labor Code of the Russian Federation , despite the fact that at the same time the requirements for the duration of a weekly uninterrupted rest are not met by him.
Labor legislation does not establish any restrictions on the frequency or frequency of attracting employees to work on weekends. The total number of hours of work on weekends per year for each employee is not limited by regulatory legal acts. Part six of the Labor Code of the Russian Federation limits the duration overtime(4 hours for 2 days in a row and 120 hours a year), and the corresponding restrictions do not apply to work on weekends and holidays, therefore, the time worked on a day off is not taken into account in the overtime limit established by the Labor Code of the Russian Federation (Supreme Court of the Russian Federation of 05/21/2010 N GKPI10-182, Cassation Collegium of the Supreme Court of the Russian Federation dated 07/06/2010 N KAS10-309).
Therefore, the involvement of an employee with his consent to work even on all weekends during the month is not a violation of labor laws.
At the same time, it should be borne in mind that, according to the Labor Code of the Russian Federation, providing employees with days off is the responsibility of the employer. This is also confirmed by part one of the Labor Code of the Russian Federation, which establishes a ban on working on weekends. As follows from this rule, an employee can be involved in work on weekends, but only in cases provided for by the Labor Code of the Russian Federation. Along with specific circumstances that may serve as a reason for engaging an employee to work on a day off, the Labor Code of the Russian Federation contains an indication of other cases of engaging an employee to work on a day off, that is, those that are not provided for by the Labor Code of the Russian Federation. It is obvious that it is impossible to foresee all cases when an employer requires work to be done on a day off in the Russian Federation, however, the very title of the article allows us to conclude that in the absence of the circumstances specified in parts one and two of the Labor Code of the Russian Federation, we are talking about attracting employees can go to work on a day off only in exceptional cases, while the exclusivity of each individual case is determined by the employer himself. In our opinion, such an approach to the interpretation of part three of the Labor Code of the Russian Federation ensures that the employer complies with the requirements of part one of the Labor Code of the Russian Federation, part one of the Labor Code of the Russian Federation, the Labor Code of the Russian Federation, part two of the Labor Code of the Russian Federation, as well as the general legal principle of the inadmissibility of abuse of the right.
At the same time, we were not able to find court decisions on bringing an employer to administrative responsibility only for regularly involving an employee to work on weekends, while observing the procedure for registering the performance of such work and providing the employee with appropriate guarantees and compensation. However, in judicial practice, there are examples that in the event of labor disputes, the actions of the employer to attract employees to work on weekends for a long period of time, along with other circumstances, can be regarded as a violation of the rights of employees (see, for example, the Federal Arbitration Court of the Ural District dated 17.09.2009 N Ф09-7004 / 09-С1, of the Twentieth Arbitration Court of Appeal dated 05.05.2008 N 20AP-1375/2008, Arbitration Court Ryazan region dated November 28, 2005 N A54-8394 / 2005C4).
Prepared answer:
Legal Consulting Service Expert GARANT
Naumchik Ivan
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria
The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.
All employees must be provided with weekly uninterrupted rest. It's about weekends. Depending on the mode of working time, there are two days off (if a five-day working week) or one (if a six-day working week) (part 1 of article 111 of the Labor Code of the Russian Federation).
The general day off is Sunday. And the second day off with a five-day working week is established by a collective agreement or internal labor regulations. As a rule, both days off are provided in a row. Usually the second day off is Saturday (part 2 of article 111 of the Labor Code of the Russian Federation).
Also, the Labor Code of the Russian Federation highlights the concept of "non-working holidays". These include (Article 112 of the Labor Code of the Russian Federation):
- January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
- January 7 - Christmas;
- February 23 - Defender of the Fatherland Day;
- March 8 - International Women's Day;
- May 1 - Spring and Labor Day;
- May 9 - Victory Day;
- June 12 - Day of Russia;
- November 4 is National Unity Day.
In general, work on weekends and non-working holidays is prohibited (part 1 of article 113 of the Labor Code of the Russian Federation). However, exceptions are possible. We will remind you about them, as well as about the procedure for paying for work on weekends and holidays in our consultation.
When can I get hired on weekends and holidays?
As a general rule, in the event of unforeseen work, from urgent implementation on which the normal operation of an organization or its structural divisions, as well as in other cases, taking into account the opinion of the elected body of the primary trade union organization, the employee may be involved in work on a weekend or holiday. But this will require the written consent of the employee (part 2 of article 113 of the Labor Code of the Russian Federation).
You can do without the consent of the employee to work on holidays or weekends if the employee is involved in work to prevent a catastrophe, industrial accident, natural disaster or their consequences, and in other similar force majeure circumstances (part 3 of article 113 of the Labor Code of the Russian Federation).
We remind you that it is possible to involve disabled people, women with children under the age of 3 to work on weekends and non-working holidays, only if this is not prohibited to them for health reasons in accordance with a medical report. In addition, such persons will need to be familiarized against signature with their right to refuse to work on weekends or holidays (part 7 of article 113 of the Labor Code of the Russian Federation).
If there are circumstances that allow the employer to involve employees in work on weekends or holidays, the employer must issue an appropriate one.
Payment for work on a day off: Labor Code
For "holiday" work or work on weekends, payment under the Labor Code of the Russian Federation provides for the use of at least double tariffs. The foregoing means that such work is paid (part 1 of article 153 of the Labor Code of the Russian Federation):
- 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 daily or hourly tariff rate;
- employees receiving a salary - in the amount of at least a single daily or hourly rate (part of the salary for a day or hour of work) in excess of the salary, if work on a weekend or holiday was carried out within the monthly norm of working hours, and in an amount of at least double daily or hourly rate (part of the salary for a day or hour of work) in excess of the salary, if the work was performed in excess of the monthly norm of working time.
Let's show this with an example. The employee's salary is 50,000 rubles. The number of working days in a month is 23. In fact, the employee worked 21 working days, and also 1 day was involved in work on a day off. At the same time, the employee was not provided with another day of rest for working on a day off.
The salary of an employee for a month (taking into account work on a day off, which "fits" into the norm of working hours) is 47,826.09 rubles. (50,000 / 23 * (21 + 1)). Surcharge for work on a day off will be 2,173.91 rubles. (50,000 / 23 * 1). The total monthly salary will be 50,000 rubles (47,826.09 + 2,173.91).
Please note that specific amounts of wages on weekends or holidays may be more than those indicated above. The applicable procedure must be established by a collective agreement or a local regulatory act of the employer (part 2 of article 153 of the Labor Code of the Russian Federation).
If the weekend or holiday is not fully worked out
The increased payment is made to the employee for hours actually worked on a weekend or holiday. Therefore, if the employee did not work the whole day or shift on a weekend or holiday, then the increased payment will also be made not for the whole day, but in proportion to the time actually worked (part 3 of article 153 of the Labor Code of the Russian Federation).
Instead of double payment - day off
If an employee who worked on a day off or a holiday wishes, he may be given another day of rest instead of a working day off (holiday). In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not paid (part 4 of article 153 of the Labor Code of the Russian Federation).
Work on weekends or holidays with a shift schedule
When an employee is working shift schedule and his shift coincided with a day off, such a day is paid as a normal working day, that is, in a single amount.
But if it turned out to be a holiday, payment should also be made in an increased (at least double size). At the same time, when work on a holiday was carried out within the limits of the employee’s working time for the corresponding period, it is impossible to replace this day with the consent of the employee with a single payment and a day of rest (Recommendations of the Federal Service for Labor and Employment of 06/02/2014).
And if work on holidays was done at night? We talked about the features of paying for night hours on holidays.
Constitutional Court on payment for work on a day off
When an employer pays an employee for work on a day off or a holiday and the employee was not provided with another day of rest for such work, payment for a working day off should be calculated not only on the basis of salary, but also taking into account compensation and incentive payments, regional coefficients, percentage allowances. This conclusion was reached by the Constitutional Court in its
