Going to work on holidays. Categories of citizens who are prohibited from being called to work on weekends and holidays

Labor law obliges the company to pay double or provide another day of rest if the employee went to work on a weekend and non-working holiday. An application from an employee on whether he will take time off must be received before the end of the month in which he went to work on a weekend and a holiday. There is no right to choose compensation if individual concluded labor contract for a period of up to two months - in this case, only double payment is provided for work on weekends and holidays.

How to pay for work on a weekend and a non-working holiday for an employee with piecework pay?
In this case, it all depends on whether the employee takes a day off or chooses double pay. If the employee took a day off, the day worked must be paid in a single amount, the day off is not payable. Otherwise, if the employee refused extra day rest, the employer is obliged to pay a day of work in double the amount or in a larger amount, which is established local act firms, collective or labor contract.
For example, piecework workers Romashkin and Rozanov were recruited on May 1, 2015. On the holiday, Romashkin and Rozanov washed 6 cars each, and 500 rubles are provided for washing one car. Romashkin chose a day off, Rozanov refused to provide an additional day off. So, Romashkin is entitled to an additional payment for work on a holiday of 500 rubles * 6 cars = 3000 rubles. Suppose that in such cases the company has established double payment, then Rozanov is entitled to 500 rubles * 6 cars * 2 \u003d 6,000 rubles.

How to pay for work on weekends and holidays for an employee with an hourly wage?
The procedure is similar to payment for piecework payment labor, so we immediately proceed to consider an example. Promoters Komarov and Pchelkina were brought to work on February 23, 2015 and worked 7 hours each. The hourly rate is paid in the amount of 150 rubles. Komarov refused an extra day of rest, and Pchelkina decided to take a day off. In this case, Komarov additional payment will be made in the amount of 150 rubles. *7 hours *2 = 2,100 rubles. Pchelkina's additional payment for work on February 23 will be 150 rubles. * 7 hours = 1,050 rubles.

How to pay for work on weekends and holidays for a salary employee?
Such employees are paid a day off and a holiday in addition to the established salary. The amount of the surcharge depends on the following factors:

• the employee worked within or in excess of the monthly norm of working hours;
• Will he take an extra day off for that day?

The average monthly number of working hours is calculated using the following formula:

Example. Drivers Antonovsky, Garanin, Tikhonov, Kravchenko were involved in work on a day off for 8 hours in September 2015. Antonovsky and Garanin took time off for work on a day off in September 2015, while Tikhonov and Kravchenko decided not to take time off. Tikhonov also took administrative leave for 1 day in September. The salary of drivers is 30,000 rubles. The annual norm of working hours is 1971 hours (since 60 hours a week). Average monthly working hours 1972 hours / 12 months = 164.25 hours
So, let's reflect the surcharge in the tabular version:

Driver		Work performed within normal working hours	Day off work allowance
Antonovsky		Yes, within normal limits
		Over working hours	30 000 rub. / 164.2 hours * 8 hours \u003d 1461.63 rubles.
		Over working hours	30 000 rub. / 164.25 hours * 8 hours * 2 \u003d 2,922.37 rubles.
Kravchenko		Yes, within normal limits	30 000 rub. / 164.2 hours * 8 hours = 1461.63 rubles

Additional payment for work on weekends and holidays is subject to personal income tax and insurance premiums and is taken into account in labor costs in accounting and tax accounting.
AT accounting there will be the following lines:

Debit 70 Credit 68 - personal income tax calculated and withheld from wages.
Debit 68 Credit 51 - personal income tax is transferred to the budget.
Debit 20 (23, 25, 26, 44) Credit 69- accrued insurance premiums from wages.
Debit 69 - corresponding subaccount - Credit 51- insurance premiums are transferred to the budget.
Debit 70 Credit 50 (51)- the employee is paid wages.

In conclusion, I would like to note that the specific amount of wages on weekends and holidays can be established by a collective, labor agreement and local regulatory act of the company, which is consistent with the opinion of the representative body of employees.

The company's desire for financial prosperity in modern business conditions, unfortunately, is not always consistent with the calendar. Therefore, management is forced to periodically call employees to work on unspecified days. And since for an extracurricular invitation to production, the authorities will need the consent of the employee himself, not the last argument in the conversation will be the thesis that he expects increased pay for work on weekends or holidays.

Work on a day off according to the Labor Code of the Russian Federation

The right of a working person to sleep longer on a weekend or a holiday and not think about the affairs of the enterprise protects. It allows the employer to disturb employees only in extraordinary cases:

1. Carrying out measures to prevent or mitigate the consequences of accidents and disasters.
2. Implementation of measures to prevent accidents and property damage.
3. Work in connection with the declaration of martial law or emergency situations, including natural disasters.
4. With the consent of the employees themselves, by written order of the head.

But even in this case, there are categories of workers who may not worry that their weekend plans will be violated. Under no circumstances will an employer be able to call pregnant women (Article 259 of the Labor Code) and minors (Article 268 of the Labor Code) to overtime work, even if they have expressed their readiness to take up their duties at any time.

Working conditions on weekends and holidays

In order to be able to meet with team members on rest days, you need not only to find a good reason, but also to get a positive response from each of those invited to work on weekends and holidays, certified by his own handwritten signature. But this is not the only obstacle that can stand in the way of an employer who decides that the holidays can wait:

Reason for working weekends	Employee category	Necessary working conditions on weekends according to the Labor Code
Recruitment is driven by the desire of management		The consent of each individual specialist. Additionally, you also need to ask the trade union if it is organized at the enterprise.
		In addition to confirming a positive response to the offer to work, you also need to look into the personal file and make sure that the employee has no medical contraindications for such work. In addition, the consent of the trade union will be mandatory. It is also better to get a separate receipt stating that the employee knew about his right not to go to work on the weekend.
		No way. Having allowed such colleagues to work, the employer will then not be able to defend himself or “unsubscribe” from the inspectors.
Emergencies listed in Art. 113 TK	Adult employees without any "special" statuses	The employee will not even be asked for consent. But to confirm the extraordinary circumstances will require a serious documentary support and the presence of evidence of "emergency", for example, a certificate from the Chamber of Commerce and Industry of the Russian Federation.
	Disabled people and parents with young children	Written agreement. Union opinion. medical clearance
	Pregnant women and minors	The employer has no reasons or documentary grounds to call them.

Separately, it must be said that obtaining the consent of the employee, set out on paper and sealed with a personal signature, may not be enough. After all, not every employee really correctly assesses the state of affairs at the enterprise and the onset of those unfavorable circumstances that threaten the safety of production and its performance. Any arguments given by the employer to justify the need for an extraordinary return to work must be valid and documented (a document from the Chamber of Commerce or an accident investigation report).

In most cases, engaging in work on legal rest days will require the written consent of the employee, Art. 113 TK.

Indeed, later a situation may arise when the employee deceived by the employer finds out that the circumstances were not so catastrophic, and there was no threat to production either, and the boss simply took advantage of the employee's responsiveness. In this case, the employee will have every reason to contact the labor inspectorate and initiate an inspection. The consequences for the enterprise will depend on what supporting papers it can present.

How are you paid for working on a day off?

The norm of Article 153 of the Labor Code is called upon to help negotiate with the employee about an unexpected return to work. It is she who establishes the minimum financial guarantees for conscientious and trouble-free employees. The law says that the payment for work on weekends in 2019 will not be less than double the usual rate for a particular enterprise. The very size of this rate and the method of its calculation are the prerogative of the enterprise. Usually, this technique is developed and fixed in the collective agreement, but this can also be done in a separate order ().

The minimum amount of additional payment for work on holidays and weekends will be 100% of the regular rate specified in the employment contract, Art. 153 TK . It also says that the employer has the right to set a higher rate. The method of payment directly depends on the chosen payroll system.

At fixed salary

With the most common salary system, it is customary to calculate the average daily or average hourly rate based on the static salary figure and the norm of hours of work. A feature of this calculation can be considered that the amount of payment can greatly depend on what standard of working time will be taken as a basis. For example, when working on weekends in May and August 2017, pay can be very different:

Salary - 30,000 rubles / month

It is worth noting that the state has not set a period for calculating the “average”, so both options will become legal: both within a month and within a year. But the most fair in relation to employees will still be the method of calculating the annual rate. Thus, the employer is unlikely to achieve savings in the salary of employees, but can significantly reduce the likelihood of disputes between them. After all, there will be much more applicants for working out in May than in August.

On the "piecework"

Payment for work on a day off according to "piecework" will also be different for everyone who went to work on a day off. Here, the dependence is directly proportional to the output, no matter what it is expressed in (the number of products or parts, the volume of output, or the number of customers served). The amount accrued, based on the output, should also be multiplied by two.

At daily or hourly rate

The most simple and understandable for both parties labor relations payroll scheme at daily or hourly rates. Their size is indicated in the employment contract, and the employee is well aware that at a daily rate (for 8 hours) of 2,000 rubles, he will receive 4,000 rubles for conscientious work on a holiday.

It will be more difficult to calculate in the case of round-the-clock operation of the enterprise. Indeed, in this case, only part of the shift may fall on the weekend (from 0 to 24 hours). Here, care will be required from the timekeeper, who enters the data into the T-13 form. At the same time, one should not forget about the surcharge for night time. To the hours spent at work from 22.00 to 6.00 in the morning, at least another 20% of the rate should be added, art. 154 TK . However, contrary to the dreams of workers, 20% will be calculated from a single rate. It will turn out something like this:

Hourly rate - 200 rubles.

On a holiday worked from 12.00 to 24.00

Payment for extracurricular activities 12*200*2+2*200*0.2= 4880.00 rubles.

Extra rest

The Code reserves the right for the employee to choose the method of compensation for the day off spent in the interests of the employer. According to the rules of Art. 153 of the Labor Code, he can independently choose double pay or time off.

Not every employee is ready to sacrifice his free day and communication with his family on holidays in order to get paid for work on a day off. Many tend to choose time off instead of money. This possibility is provided for by Article 153 of the Labor Code. It is better to choose a method of such compensation before an order is issued, then it will be more correct to coordinate a specific day of rest for work on a day off according to the calendar.

As often happens in cases of practical application of the provisions of legislative acts, in real life there is a conflict between the parties. The point is that Art. 153 of the Labor Code indicates that choosing a day off for work on a day off is the unconditional right of the employee, but nowhere is there an indication that he is free to determine its date without agreement with the employer. Reach an agreement in this issue and fixing it in an order or other document is of interest, first of all, to the employee himself. After all, absenteeism workplace on a day determined by the employee independently, it can be qualified as absenteeism.

For those who agree to a simple transfer of the day of rest to another date, information on the method of payment for work on a day off according to the Labor Code in such a situation will become relevant. The employee will no longer receive a double rate. The employer will be required to pay the actual number of hours worked at a single rate. A positive moment for an employee may be that he can take a full day off, even if he was called on a holiday for only a couple of hours.

In addition, the employee must understand that the legislator did not give the employer the right to compensate for the lost day off exclusively with time off. Only the worker has the right to choose between remuneration or replacement with another day of rest. In fact, the authorities may verbally insist on going to work for the day off. An employee can take such a step only on a voluntary basis; it is illegal to force him to refuse the monetary equivalent.

Registration procedure

The need to gather a team or individual colleagues on holidays or legal rest should be dictated by a really serious occasion or incident. From this moment, the procedure for applying for employment on a day off begins:

1. Memorandum describing the circumstances or reasoning for the urgency of the work.
2. Familiarization with its content of those employees who are planned to be involved.
3. Obtaining written consent or refusal. In cases of emergencies, accidents or disasters, confirmation of the desire to work should be obtained only from “special” employees whose health status may be in doubt, Art. 113 TK.
4. Publication of the order on work on the day off. In addition to the date and time, it indicates the method and amount of compensation for ruined vacation (money or time off).
5. Familiarization with the order not only for specialists who will come to work on weekends, but also for those who are obliged to ensure the safety of work, the material base, if necessary, as well as accounting for time and payment.
6. Instruction on safety and labor protection in connection with after-hours work or non-standard features of the conditions for its performance.
7. Recording and payment of hours worked.
8. Issuance of an order on the time of transferring the rest, for those employees who refused monetary compensation.

In the process of registration, a few more points may be added, for example, on the issuance of a work order for work in extra time or another document. Everything will depend on the nuances of production processes, as well as on the regulations approved by the enterprise itself.

The main documents to ensure the legality of labor in non-working days will be the consent of the employees involved and a detailed order on the need for work and the method of payment.

Sample letter of consent to work on a day off

Since natural disasters and catastrophes, fortunately, are less common than other unforeseen situations, the main document that gives impetus to the start of substantive planning for weekend work can be considered written agreement workers to attract them to it.

From the point of view of security during an inspection or conflict, it is better for HR officers to prepare a consent statement template in advance and ask the called employees to sign under it. It must be mentioned:

• release date and day of the week;
• nature of unplanned circumstances;
• a clear and unambiguous indication that the employee understands the scope of work and gives the go-ahead for his involvement;
• additional data that the employee is healthy and has no contraindications from a medical point of view;
• a wish for a form of compensation (money or time off);
• a statement that the employee has been notified and correctly aware of his right to refuse the offered job;
• confirmation that compensation options have been explained to him.

Under the written must be signed and dated.

Receiving such a detailed document will become a kind of insurance for the management of the enterprise. However, a simpler form can also be used. The employee can express his consent by putting an appropriate mark on this on the memorandum on the scope of work planned for the day off.

Work occupies a rather important place in a person’s life, and not everyone can afford to simply ignore a reasonable request from management for an unscheduled meeting at work. That is why it is important to know that the consent of an employee, by law, cannot and should not be left without remuneration, at least at the rates of the Labor Code of the Russian Federation.

Bar lawyer legal protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Labor legislation provides for the right of employees to rest, incl. to provide them with days off and non-working holidays. And if the holiday turned out to be a working day (paragraph 5 of article 2, paragraph 6 of part 1 of article 21 of the Labor Code of the Russian Federation)? We will tell you how to pay for such time in our consultation.

Payment on the eve of a non-working holiday

The list of non-working holidays is given in Art. 112 of the Labor Code of the Russian Federation. The duration of the working day or shift immediately preceding a non-working holiday is reduced by 1 hour (part 1 of article 95 of the Labor Code of the Russian Federation). In this case, payment for this day is made as for a fully worked day.

In the case of a going concern and certain types work, when it is impossible to reduce the duration of work (shift) on the holiday day, processing must be compensated. For this, the employee is provided with additional rest time or, with the consent of the employee, he is paid according to the norms that are established for (part 2 of article 95 of the Labor Code of the Russian Federation).

When is paid rest on a non-working holiday

For employees receiving a salary, the presence of non-working holidays in the month does not reduce the amount of salary (part 4 of article 112 of the Labor Code of the Russian Federation).

Another thing is non-salary workers (for example, pieceworkers). After all, a large number of non-working holidays, for example, in new year holidays can lead to the fact that monthly earnings will be significantly lower than usual. In such cases, the Labor Code provides that such employees are paid for non-working holidays on which they were not involved in work. additional remuneration. Its size and payment procedure are determined by a collective or labor agreement, a local regulatory act of the organization (part 3 of article 112 of the Labor Code of the Russian Federation).

How to pay for "holiday" work

For work on a non-working holiday, payment is due at least twice the amount (part 1 of article 153 of the Labor Code of the Russian Federation):

• pieceworkers - at least at double piecework rates;
• workers who are paid on a daily and hourly basis tariff rates, - in the amount of not less than double the 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 non-working holiday was carried out within the monthly norm of working time, and in an amount of at least double daily or hourly rates (parts 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.

Specific amounts of payment for work on a non-working holiday may be established by a local regulatory act of the organization, a collective or labor agreement.

Instead of increased pay, rest

For work on a non-working holiday, at the request of the employee, payment can be made in a single amount, however, the employee must be given another day of rest, which is no longer payable (part 3 of article 153 of the Labor Code of the Russian Federation).

Features of payment for shift work

If the employee works in accordance with the shift schedule and his shift coincided with a non-working holiday, such a day is also subject to payment in an increased amount. The difference in payment for processing with a shift work schedule is that if such work was carried out within the limits of the employee’s working time for the corresponding period, it will not be possible 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 dated 02.06. 2014).

But if such work is done in excess of the norm of working time, the employee decides for himself - double pay or “single pay + rest”.

When calculating earnings for employees of an enterprise, an accountant often has to face difficulties. Indeed, in the case of accrual of disability benefits, additional payments for part-time jobs, payment for work according to the schedule, accounting for payments and additional payments for weekends and holidays established by the state, many nuances prescribed in the legislation must be taken into account. However, among all of the above, payment for holidays takes the first place in terms of complexity.

Russian legislation regulating wages on public holidays

The main document regulating relations in the sphere of labor between an employee and the head of an organization is the Russian Constitution. Part 3 of Article 37 contains a provision according to which discrimination in the field of wages is prohibited, and wages must meet or be higher than the minimum amount established by the law of the Russian Federation.

Article 2 of the Russian Labor Code it is also stated that the employee's wages must be fair and sufficient to provide himself, as well as his family, with everything necessary for a normal life in society.

Documentation of work on holidays

According to the norms of the Russian Labor Code, it is impossible to attract an employee of an organization to work on a holiday or day off without issuing special documents. To do this, you need to draw up an appropriate order. Payment on holidays is made on the basis of it. The order must contain the following information:

• Date of preparation;
• place of compilation;
• Document Number;
• Full name of persons involved in work on a day off or on a holiday;
• end and start dates of work, and sometimes the length of the working day;
• date and signature with a transcript of persons familiar with and agreeing with the order;
• signature of the head with a transcript;
• signature of the official making the payment.

Only after the order is signed by all the employees specified in it, it can be considered that working on a weekend or on a holiday will not lead to penalties for the employer from the labor inspectorate, the prosecutor's office, the tax service and other authorities.

Features of paperwork at shift work schedule

When working on a shift schedule, an order is not required. Payment for weekends and holidays in this case is made on the basis of a schedule approved and signed by the head of the organization, which contains:

• surname, name and patronymic of each shift worker;
• duration of their work in hours and days;
• the number of days off in a month;
• number of working days in a month.

Payment of disability benefits on public holidays

Not always holidays for an employee of an organization can be associated with work or rest, sometimes they can coincide with the time of illness. In the latter case, payment for holidays is also made in accordance with federal law No. 255 (part 1 of article 6), based on the average daily earnings obtained as a result of calculation using a simple formula.

When calculating disability benefits for a sick leave issued to an employee in 2015, it is necessary to divide his earnings for 2014 and 2013 by a factor of 730, i.e. amount calendar days for the previous 2 years.

It is necessary to exclude from earnings all amounts that were not subject to contributions: benefits up to 1.5 years, accruals on sick leave, benefits for pregnancy and childbirth, a one-time allowance for the birth of a child, etc.

For example, an employee of the company in March brought sick leave. She was ill from March 2 to March 10, 2015, i.e. the period of disability was 9 days (including March 8 - a holiday), of which the first three days will be paid at the expense of the enterprise, and the remaining six - at the expense of the social insurance fund. Over the past two years (2013-2014), she worked only at this enterprise, and her earnings during this time amounted to 212 thousand rubles in 2013 and 250 thousand rubles in 2014.

We find the average daily earnings according to the formula: (212,000 + 250,000) / 730 \u003d 632.88 (rubles). This means that the benefit from the employer will be 632.88 x 3 \u003d 1898.64 (rubles), and the benefit from the social insurance fund will be equal to 632.88 x 6 \u003d 3797.28 (rubles), provided that the employee's experience is 10 years and the allowance will be paid at 100% of earnings.

To calculate maternity benefits, from the coefficient 730 it is necessary to subtract the time the woman spent in maternity leave(for pregnancy and childbirth and childcare up to 1.5 years old), on sick leave and downtime, when insurance premiums were not charged on the amount of earnings.

Thus, payment for sick leave on holidays is made in the same way as on other calendar days of the month, on a general basis. It is worth noting the fact that when calculating disability benefits, weekends are also paid, the number of working days in a month does not affect the amount of charges. Only calendar days are taken into account, regardless of whether they were weekends or holidays.

Holiday pay during vacation

Payment for non-working holidays while the employee is on annual or additional paid leave is not made. These days increase the duration of rest, but not the amount of vacation pay, because they are deducted from the total number of calendar days in the calculation.

Such an algorithm of actions contains article 120 of the Russian Labor Code. For example, an employee goes on vacation for 2 weeks from June 1, 2015. During the vacation (from June 1 to June 14, 2015) there is 1 holiday - June 12, which extends the vacation, but does not affect the calculation of vacation pay and their value. Only the vacation period in the application will need to be indicated from June 1 to June 15, 2015, while the number of its calendar days will not change, it will remain equal to 14.

How to pay for the "New Year holidays" of employees

Payment for holidays in January is made in accordance with the norms of working days and hours indicated in the production calendar on this year. For various systems wages applied in the enterprise, it will be different.

What days should consider holidays in January

According to Article 112 of the Russian Labor Code, in the first month of the new year, non-working holidays are the numbers from 1 to 5. If a holiday and a day off coincide, then the latter is postponed one day ahead.

Federal Law No. 35 of April 23, 2012 established as additional holidays related to the New Year holidays, the 6th and 8th of the first month of the year.

Article 111 of the Russian Labor Code states that all employees have the right to rest on weekends. Moreover, with a five-day week of work, it should be equal to two days off, and with a six-day one - one. In any case, one day off must always be on Sunday, and the second can be set in local normative documents with the consent of the employee.

Payment of holidays when calculating salaries according to the official salary

Article 153 of the Russian Labor Code states that work on the day of the holiday must be paid at least twice the amount, based on the average hourly or average daily earnings. This rule applies to those employees who receive an official salary, but only if in the month of payment the norm of working hours, days to production calendar. If the duration of work does not exceed the established norm, then payment for holidays is made in a single amount.

Calculation of earnings for holidays in the case of a shift work schedule

Not all employees are doing their job. official duties within a five or six day work week. Basically, according to the salary and salary-bonus system of remuneration, the salaries of office employees or administrative staff, specialists and management are calculated. For other categories of employees of the organization, a shift work schedule can be established, allowing the enterprise to work without interruptions (round the clock) within the framework of production process. These include predominantly workers or low-skilled professionals, such as salespeople, cashiers, consultants, maids, waiters, cleaners, dishwashers, laundresses, loaders, etc.

For such employees, payment for holidays according to the schedule is made in accordance with internal documents in the organization approved by the director. The amount of earnings and additional payments for this category of employees usually contain both a collective and an employment contract. Thus, all holidays that fall according to the work schedule, in any case, are payable in the amount established staffing, and remuneration on holidays, in addition to a fixed monthly amount, involves an additional payment for these days in a single amount in excess of the norm.

Payment for work on the day of the holiday, followed by the provision of time off

There is one exception in Russian law. So, the calculation of holiday pay for an employee who subsequently takes time off will be different. Due to the fact that on account of work on holidays, the employee will be given days off equal in number to the holidays worked, these days of the holiday will not be paid double, because they will be counted when calculating wages as ordinary workers.

At the same time, it should be said that payment for work on holidays, followed by the provision of time off, must be documented in the order and described in detail.

Responsibility of employers for violations of legislation in the field of payment labor

There are 3 types of liability for violations of Russian laws on the procedure for calculating and paying wages to employees. These include:

• administrative (provides for the imposition of a fine (in some cases, suspension from work) both on the organization and on officials for violation or incomplete payment of earnings);
• civil law (implies the employee's demand for full payment of wages, as well as penalties for moral damage caused);
• criminal (possible in the event of serious consequences for the employee or members of his family).

Tougher punishment for employers for non-payment of wages in 2015year

In 2015, with the help of legislative acts at various levels, the state increasingly began to stand up for the interests of employees in cases of violations of the accrual and payment of wages at the enterprise. Therefore, even if only double payment on holidays is not made in the organization, the employer will still have to answer for this.

New version of article 5.27 Russian Code on Administrative Offenses now contains a detailed description of the types of non-compliance with the rules in the field of payroll and delimits the punishment for each of them.

Yes, since 2015 individual entrepreneurs may pay up to 40 thousand rubles for their negligence in this matter, organizations may be punished in the form of suspension of activities for up to three months or pay a fine from 50 to 200 thousand rubles.

By the way, due to the fact that the fine is now paid for each employee of the organization, this amount can increase significantly. The employer may be punished within a year from the date of the violation.

Changes in Labor code in 2015

Since 2015, thanks to the introduction of a new chapter 50.1, foreign citizens began to have the same rights and obligations when hiring as compatriots. An employment contract is also concluded with them, which specifies the amount of monthly earnings, payment for holidays, validity period, etc. In addition, now employers are obliged to provide him with medical care up to and including dismissal.

Based on the above material, it should be noted that holidays are always paid. Shift work however, is no exception. Depending on the circumstances, the amount of additional charges may be different, but the employer is obliged to make it, otherwise he will be liable, up to criminal liability, for non-compliance with Russian legislation in the field of wages.

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 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 regulatory 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.