If a day off or a public holiday turned out to be a working day. Work on weekends and holidays: regulations and documents in accordance with the Labor Code of the Russian Federation (Labor Code)

Activities on non-working days are prohibited by Russian law. But any rule contains exceptions.

It is possible to involve citizens in the labor process on weekends with their written consent in the event that an unforeseen work has arisen in the organization in advance, the failure of which may adversely affect the activity in the future.

Nuances of the Labor Code of the Russian Federation

Without the consent of employees, it is possible to involve them in work in 3 cases:

• For the prevention of accidents and natural disasters.
• To eliminate accidents and damage to the employer's property.
• For work in a state of emergency or martial law, etc.

Involvement of ministers of creative professions to work on weekends is carried out in accordance with the list approved by the Government of the Russian Federation.

Article 113 of the Labor Code prohibits the use of such labor by disabled people and women with children under 3 years of age, whose health condition is unsatisfactory (according to the doctor's opinion). Therefore, these categories of persons should be notified of the possibility of waiving the obligation to work on non-working days.

The Labor Code establishes employer's obligation to pay double the amount of day off work, in particular:

• employees - at double rates;
• persons whose wages are calculated by hours and days - at double tariff rates;
• employees whose salary is calculated on the basis of the established salary - not less than the daily rate (in the case of work within the monthly standard) and at least twice the daily rate (in the case of work that exceeds the monthly standard).

The Labor Code of the Russian Federation provides for the establishment of certain amounts of remuneration for the conditions under consideration and, as well as other local acts of the organization.

At the written request of the employee who worked on the weekend, the employer can provide him with additional day off... In this case, the remuneration is paid according to the following scheme: the amount of payment for the non-working day worked is calculated in the usual amount, and the day of rest is not paid.

You can learn more about all the nuances of such a process from the following video:

Calculation of compensation

With piecework payment

The driver N. Nikolaev receives 150 rubles for each trip. In the reporting month, he made 190 visits. Nikolaev was recruited to work on 2 days off, during which he made 20 trips. Let's determine the amount of his salary for the past month:

• (190-20) * 150 = 25,500 rubles;
• 20 * 150 * 2 = 6,000 rubles.

Total Nikolaev's salary will be 31,500 rubles.

With hourly wages

Locksmith Kirillov G. worked 130 hours in a month, including 8 hours on Sunday. The locksmith's hourly rate is 250 rubles. Let's determine the amount of Kirillov's wages for the past month:

• (130-8) * 250 = 30,500 rubles;
• 8 * 250 * 2 = 4,000 rubles.

The total salary will be 34,500 rubles.

At a daily wage rate

Painter Stepanov P. worked 20 working days in a month, including 2 days on holidays. The daily rate is 2,000 rubles. Let's determine the amount of wages for the past month:

• (20-2) * 2000 = 36,000 rubles;
• 2 * 2000 * 2 = 8,000 rubles.

The amount to be paid to Stepanov is 44,000 rubles.

With a salary system (exceeding the established norm of working hours)

The watchman L. Kopylov worked 150 hours, including 5 hours on a day off. His salary is 20,000 rubles. Taking into account that the norm of working time in this case is 143 hours, and on the basis of the conditions it is exceeded, the compensation for the day off is payable in double amount.

Let's determine the hourly tariff rate. There are 3 ways to calculate it:

• the ratio of salary to the norm of working time according to the production calendar;
• the ratio of the salary to the standard working time according to the employee's schedule;
• the ratio of 12 salaries to the standard working time per year.

The method of calculation is not clearly regulated by the legislation. We use method 3. There are 1974 hours in a 40-hour workweek in 2016, so:

• (20,000 rubles * 12 months) / 1974 hours = 121.58 rubles / hour.

The weekend supplement will be:

• 121.58 * 5 * 2 = 1 215.8 rubles.

With a salary system (no excess of the established norm)

Technician Mashkina G. worked 143 hours, including 2 hours on a day off. Her salary is 15,000 rubles. Taking into account that the norm of working time in this case is 143 hours, and based on the conditions it does not exceed the norm, then compensation for work for the day off is subject to payment in the usual amount.

First, you need to determine the hourly rate. It is calculated similarly to example 4:

• 15,000 rubles * 12 months / 1974 hours = 91.19 rubles / hour.

Additional payment:

• 91.19 * 2 = 182.37 rubles.

Registration procedure

• It is necessary to exclude persons who, in accordance with the Labor Code, cannot be involved in the exit work process. These include:
  • pregnant women;
  • minors under the age of 18 (with the exception of creative workers, the categories of which are approved by the Government of the Russian Federation, as well as athletes).
• Written notification to employees. It should contain information on the dates of the start of a certain person, indicating his full name, position, as well as the name of the structural unit in which the citizen will be involved in work.
  The letter is drawn up in 2 copies- one for the employer with the employee's mark of familiarization, the other for the employee himself. This document is subject to registration in the notification log. If the person refuses to get acquainted, an act is drawn up.
• Obtaining the consent of the employee to engage in work, which is drawn up in writing. This paper is not regulated by law, therefore it can be drawn up in simple writing.
• Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note that exactly the order is the main document that serves as the basis for attracting employees to such work... Therefore, it must necessarily contain information about the employee, the days of going to work, as well as information about his acquaintance with the document. The acquaintance requisite is located at the bottom of the order. The citizen puts his signature and date.
  In order to avoid further disputes, it is recommended to include in the text of the paper information about the possibility to refuse such work. If you refuse to familiarize yourself with the document, it is recommended to fix this fact in the act.
• Registration of paper in

Work on weekends according to the Labor Code the general rule is prohibited, but there are exceptions - they are stipulated in this article. It also pays attention to the concept of a day off and a list of holidays, and also considers the case of a citizen's requirement to cancel a non-working holiday.

The concept of a day off according to the Labor Code of the Russian Federation

High-quality performance of work is not least due to the good rest of the worker. An employee is entitled to several types of rest time:

• vacation (including leave without pay);
• holidays and weekends;
• daily breaks and rest between shifts.

Days off, as stated in Art. TK 111 is an uninterrupted rest provided weekly.

The minimum period of the day off under Art. 110 TC - 42 hours. At the same time, a different duration is set for workers in certain industries. For example, according to the Regulations on the specifics of the working hours and rest hours of communications workers, approved. By order of the Ministry of Communications of the Russian Federation of 08.09.2003 No. 112, for workers working in shifts, the minimum period of rest is 24 hours, but the average time of weekly rest for the reporting period should not be less than 42 hours.

This applies not only to communications workers. So, Rostrud, in the letter "On the possibility of reducing the duration ..." dated 01.20.2014 No. PG / 13281-6-1, explained that the use of summing up the rest time and deriving the average time for the reporting period, by analogy with the provisions of Order No. 112, is also allowed for other categories employees, provided that the establishment of a different time of rest is impossible due to production conditions. Moreover, such a summation should be enshrined in the local act of the employing organization.

What days are considered days off: Saturday, Sunday or another day?

NOTE! In accordance with paragraph 17 of the resolution of the plenum of the Supreme Court "On the application of legislation regulating the work of women ..." dated 28.01.2014 No. 1, 4 additional days off when caring for a disabled child can be divided between parents at their discretion. That is, for example, the mother can use 1 day off, and the father can use the other 3.

At the same time, in the Rules for the provision of additional paid days off for the care of disabled children, approved. Government Decree No. 1048 of 13.10.2014 states that unused additional days off next month cannot be used.

Article 112: non-working holidays in the Russian Federation are ...

The Labor Code has established 14 non-working days:

As stated in part 7 of Art. 4 "On freedom of conscience and on religious associations" of the law of September 26, 1997 No. 125-FZ, additional non-working holidays can be declared in the constituent entities of Russia.

The procedure for establishing an additional non-working day is reduced to the fact that a religious organization appeals to state bodies with a request to declare a day falling on a religious holiday non-working. The state body considers the application and makes a decision either on the introduction of an additional day in the region, or on the refusal to satisfy the application.

For example, in the Republic of Tuva, the law "On Holidays ..." dated 12.02.1999 No. 143 establishes non-working days for the period of the Shagaa and Nadym holidays. The Law of the Republic of Buryatia "On Holidays ..." dated December 23, 2008 No. 675-IV established a non-working day for the Sagaalgan holiday.

Incident: in 2011, a citizen appealed to the Supreme Court of the Republic of Bashkortostan, who considered that the effect of Art. 1 of the law of Bashkiria "On holidays and memorable days, professional holidays and other significant dates in the Republic of Bashkortostan" dated 02.27.1992 No. ВС-10 / RB infringes upon his rights.

The article established additional non-working days during the celebration of Eid al-Adha and Eid al-Adha. The citizen referred to the fact that the article violates the rights of those professing other religions and atheists, and therefore the establishment of a day off due to the celebration of a religious holiday causes him moral harm and violates the right to work on the day of the holiday.

By the decision of the Republican Supreme Court in the case of June 27, 2011 No. 3-43 / 2011, the citizen was denied the application. At the same time, the court noted that the publication of the norm on additional non-working days improves the situation of the employee, which is not a violation of the right to work. The rights of persons professing a different religion are not violated by law.

What to do if weekend and holidays coincide?

How installed TC, work on weekends and holidays, with some exceptions, is not allowed. In this regard, the question arises: what should the employer do if a non-working holiday coincides with a day off? The answer is contained in Art. 112 TC: in such a situation, the day off is shifted to a different date. At the same time, 2 transfer options are installed:

1. Applicable for January holidays, i.e. Christmas and New Year holidays.
   The transfer of coincident days off is carried out by the Government of the Russian Federation. At the same time, it notifies the population of the days of the transfer by issuing the decree, which is published no later than November 1 of the previous year. For example, the decree "On the transfer of days off in 2017" dated 04.08.2016 No. 756 has already been issued.
2. Applies to the rest of the holidays.
   In accordance with part 2 of the Procedure for calculating the norms of working hours, approved. By order of the Ministry of Health and Social Development of 13.08.2009 No. 588n, the day off is postponed to the next working day after the holiday.

The possibility of postponement is not dependent on the work schedule, whether it is a fixed or a rolling schedule, but it depends on which work plan is being carried out by the workers. The Order notes that in production that operates continuously, or when serving the population, performed daily, that is, under special organizational, technical or production conditions, the day off is not postponed.

Article 113 of the TC - work on weekends and non-working holidays is usually prohibited

Work on rest days is prohibited. The exceptions are cases when the work is caused by certain circumstances:

Introduction ………………………………………………………………… .. …… .2

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation ……… ... 3

1.1. Peculiarities of legal regulation of weekends and non-working holidays ……………………………………………… ... 3

1.2. Cases of attracting employees to work on weekends and (or) non-working holidays ………………………………. …… ... 11

1.3. Rules for attracting and registering employment on weekends and (or) non-working holidays …………………………………………………………………………………… 17

1.4. Remuneration for work on weekends and (or) holidays ...………… .20

Conclusion ……………………………………………………………………… .24

List of normative legal acts and literature ………………………… ... 26

Introduction

According to Article 37 of the Constitution of the Russian Federation - "everyone has the right to rest" - and along with securing the main forms of rest (weekends and holidays, paid annual leave) guarantees the working hours established by federal law for those working under an employment contract.

Rest time - the time during which the employee is free from work duties and which he can use at his own discretion. But article 113 of the Labor Code of the Russian Federation provides for cases when the employer has the right to attract employees to work on weekends and non-working holidays. These cases are the object of my term paper.

The purpose of writing a term paper is to conduct a comprehensive study of the issues of legal regulation of the time of rest under Russian law.

The achievement of this goal is facilitated by the solution of the following tasks:

Determination of general theoretical provisions on weekends and non-working holidays in accordance with the Labor Code of the Russian Federation;

Analysis of the procedure for remuneration on weekends and non-working holidays;

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation.

1.1. Features of legal regulation of weekends and non-working holidays.

Weekends are a type of rest time. Their distinguishing feature is that they are provided to employees for uninterrupted rest in the interval between working days.

The concept of "rest" in this case, in addition to the time required for sleep, includes a sufficient amount of time during which workers could do what they want, or, in other words, free time. The International Labor Organization (ILO), in its early years, drew the attention of employers to the fact that well-directed use of leisure time by providing workers with opportunities to pursue more diverse interests and by providing rest from the pressures of day-to-day work can increase productivity and production, and thus can help you get the most out of your day.

In Russian legislation, the regulator of working hours during the week is Article 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest to all employees.

The duration of the working week is stipulated by the working hours and is established by the collective agreement or the rules of the organization's internal labor regulations in accordance with the Labor Code of the Russian Federation.

Part two of Article 111 of the Labor Code of the Russian Federation proclaimed Sunday as a general day off. Moreover, the second day off with a 5-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, however, other options are also possible, since part two of Article 111 of the Labor Code of the Russian Federation provides that both days off, “as a rule "Are provided in a row.

In line with the ILO's general principle of providing workers with uninterrupted free time “whenever possible,” employers are left with a choice of days off, taking into account the requirements of different sectors of the economy, local customs and the differing abilities and skills of different groups of workers. This principle was reproduced in part three of Article 111 of the Labor Code of the Russian Federation, which enshrined the right of employers in organizations where the suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide weekends to employees on different days of the week to each group of employees in turn in accordance with the rules of internal labor the organization's routine.

According to article 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. The legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social well-being of workers. After all, the lack of free time can ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, are the activities of the state. In addition, the very size of the minimum period of continuous free time reflects not only the social side of work, but also the level of economic development of society - in developed countries it is higher, and in developing countries - less.

The beginning of the period specified in Article 110 of the Labor Code of the Russian Federation is calculated from the moment the employee finishes work on the last day of the calendar or work week (when working according to the shift schedule), and the end, respectively, from the moment he starts work on the first day of the new calendar or work week.

By the way, precisely for the purpose of observing the established standard of time for weekly rest, part three of Article 95 of the Code establishes a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.

Giving the day the status of an official holiday and, importantly, defining its character as non-working is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called "On Holidays" or "On Holidays", in others, holidays are introduced and canceled by separate acts (for each specific day), in third, holidays are established by general regulatory legal acts governing public administration.

In the Russian Federation, the list of public holidays is determined by Article 112 of the Labor Code of the Russian Federation. After amending it, Federal Law No. 201-FZ of December 29, 2004, non-working holidays in the Russian Federation are:

Without going into the analysis of the legality of these holidays from the point of view of the correspondence of the above articles of the Constitution of the Russian Federation and Articles 5, 6 and 112 of the Labor Code of the Russian Federation, we note that Article 112 of our main Code does not exhaust public holidays.

According to the second part of Article 112 of the Labor Code of the Russian Federation, if a non-working holiday falls on a day off, then the day off is transferred to the next working day after the holiday.

Here it should be noted that for public holidays, which are established by the legislation of the constituent entities of the Russian Federation, the legislative acts introducing these holidays provide for a similar transfer procedure: if the weekend and holidays coincide, the day off is transferred to the next working day after the holiday.

The clarification, in particular, provides that the transfer of days off coinciding with holidays is carried out in organizations that use various modes of work and rest, in which work on holidays is not performed. This applies equally to the modes of operation with both constant fixed weekends and sliding days of rest.

For work and rest regimes that provide for work on holidays (for example, in continuously operating organizations or associated with daily services to the population, round-the-clock duty, etc.), the specified provision on the transfer of days off does not apply.

In addition to the automatic transfer of weekends, part five of Article 112 of the Labor Code of the Russian Federation provides that in order to efficiently use weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer weekends to other days. The draft resolution on such a transfer is being prepared by the Ministry of Health and Social Development of Russia. The Government of the Russian Federation considers it and either accepts the proposals of the Ministry and issues a resolution, or revises them.

New edition of Art. 112 of the Labor Code of the Russian Federation

Non-working holidays in the Russian Federation are:

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of weekends that coincide with the non-working holidays specified in the second and third paragraphs of the first part of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with the non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner prescribed by part five of this article.

Employees, with the exception of employees who receive a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, labor contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are referred to expenses for the full remuneration of labor.

The presence of non-working holidays in a calendar month is not a reason for reducing the wages of employees receiving a salary (official salary).

For the purpose of rational use of weekends and non-working holidays by employees, weekends may be postponed to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the onset of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during a calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Commentary on Article 112 of the Labor Code of the Russian Federation

Article 112 of the Labor Code of the Russian Federation contains a list of non-working holidays.

Another commentary on Art. 112 of the Labor Code of the Russian Federation

1. Part 1 of Art. 112 of the Labor Code of the Russian Federation establishes all-Russian non-working holidays. Taking into account the delineation of powers between the federal bodies of state power and the bodies of state power of the constituent entities of the Russian Federation in the field of labor relations and other relations directly related to them, the constituent entities of the Federation have the right to establish additional non-working holidays in addition to those established by Part 1 of Art. 112 of the Labor Code of the Russian Federation. This is of particular importance in a multinational and multi-confessional state such as the Russian Federation. Replacing individual non-working holidays stipulated by federal law for other days would contradict the Labor Code of the Russian Federation (see article 6 of the Labor Code of the Russian Federation and a commentary to it).

2. In accordance with Part 3 and 4 of Art. 112 of the Labor Code of the Russian Federation, non-working holidays are subject to payment. Employees whose remuneration system provides for a monthly salary (official salary), if there are non-working holidays in the calendar month, the amount of wages for that month is not reduced. Under other systems of remuneration (piece-rate, time-based, time-bonus, remuneration on a commission basis, etc.), additional remuneration is paid to them for non-working holidays, on which employees were not involved in work. Its size and procedure for payment are determined by the collective agreement, agreements, local regulations adopted by the employer, taking into account the opinion of the elected body of the primary trade union organization, labor contract.

Non-working holidays in the Russian Federation are:

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of weekends that coincide with the non-working holidays specified in the second and third paragraphs of the first part of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with the non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner prescribed by part five of this article.

Employees, with the exception of employees who receive a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, labor contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are referred to expenses for the full remuneration of labor.

The presence of non-working holidays in a calendar month is not a reason for reducing the wages of employees receiving a salary (official salary).

For the purpose of rational use of weekends and non-working holidays by employees, weekends may be postponed to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the onset of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during a calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Commentary on Article 112 of the Labor Code of the Russian Federation

1. At the request of religious organizations, the relevant state authorities of the Russian Federation have the right to declare religious holidays as non-working (holidays) days in the respective territories (clause 7 of article 4 of the Federal Law of September 26, 1997 N 125-FZ "On freedom of conscience and on religious associations ").

2. On non-working holidays, employees are released from work. On these days, only work in continuously operating organizations is allowed to perform urgent repair and loading and unloading operations, as well as work related to the need to service the population. Moreover, they are involved in such work without the consent of the elected body of the primary trade union organization.

For other cases of involvement in work on non-working holidays, see Art. 113 TC and commentary to it.

3. In continuously operating organizations, as well as in the case of summarized accounting of working time, work on non-working holidays is included in the monthly norm of working time.

4. Some constituent entities of the Russian Federation have established additional holidays. So, in the Republic of Bashkortostan, a public holiday is October 11 - Republic Day, December 24 - Constitution Day of the Republic of Bashkortostan.

5. Work on a non-working holiday is paid at least double. At the request of an employee who worked on a non-working holiday, he may be given another day of rest.

6. If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

7. According to Art. 268 of the Labor Code, it is prohibited to attract employees under 18 years of age to work on weekends and non-working holidays; an exception is established only for creative workers (for example, theater workers, etc.).

8. In accordance with Art. 290 of the Labor Code, employees who have entered into an employment contract for a period of up to 2 months may, within this period, be involved with their consent to work on weekends and non-working holidays. This work is compensated for by him not with a day off, but in monetary form at least in double the amount.

9. The employer is obliged to pay additional remuneration to employees, except for those receiving a salary (official salary), for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, labor contract. The cost of paying such remuneration is charged to the cost of wages and salaries in full.

10. The employer does not have the right to reduce the wages of employees receiving a salary (official salary), due to the presence of non-working holidays in the calendar month.

11. Public holidays, professional holidays and anniversaries are listed below.