When you work on a day off. We arrange work on weekends and non-working holidays

In almost any organization there may be a need to call employees to work on a weekend or holiday. Typically, this situation is associated with high urgency, and the personnel department is notified of changes in the schedule only the day before, when there is no time left to prepare the accompanying documentation. As you know, the forms of documents for carrying out work on a day off are not unified, so it makes sense to develop appropriate templates in advance - taking into account all the nuances of labor legislation.

According to Art. 111 of the Labor Code of the Russian Federation, days off must be provided to all employees. Sunday is considered a general day off. With a five-day work week, employees are entitled to two days off - usually Saturday and Sunday. The list of non-working holidays is established by Article 112 of the Labor Code of the Russian Federation; there are 12 of them per year: January 1, 2, 3, 4, 5 and 7, February 23, March 8, May 1 and 9, June 12, November 4. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. To solve unforeseen production problems, employees can be involved in work on such days, but only with their consent. However, part 3 of Art. 113 of the Labor Code of the Russian Federation establishes cases when employees are required to perform their job duties on weekends and holidays, and their consent is not required. Such situations include:

• preventing a catastrophe, industrial accident or eliminating their consequences, as well as the consequences of a natural disaster;
• prevention of accidents, as well as destruction or damage to the employer’s property;
• performing work the need for which is due to the introduction of a state of emergency or martial law.

It should also be taken into account that the involvement of disabled people and women with children under 3 years of age in additional work on a weekend or holiday is possible if such activity is not prohibited for them due to health reasons (prohibition, according to Part 7 of Article 113 of the Labor Code of the Russian Federation, must be confirmed by a medical report). Such employees should be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

The Labor Code of the Russian Federation defines categories of employees who are strictly prohibited from being employed on weekends and non-working holidays:

• persons under 18 years of age, with the exception of creative workers in the media, cinematography organizations, as well as television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and performance of works (Article 268 of the Labor Code of the Russian Federation );
• athletes under the age of 18 (part 3 of article 348.8 of the Labor Code of the Russian Federation);
• pregnant women (Part 1 of Article 259 of the Labor Code of the Russian Federation).

In accordance with Part 2 of Art. 113 of the Labor Code of the Russian Federation, an employee’s consent to work on a weekend or holiday must be in writing; a verbal agreement alone is not enough. The need for work must be justified - for this, a corresponding memo is sent to the head of the organization. As a rule, it is compiled by the head of the department. The memo must indicate the name of the work, the date and time of its implementation, as well as the employee who is involved in it (Appendix 1).

Based on the memo, the HR department prepares a written notice for the employee, which explains the type of work, the time of its completion and the reasons for its need (Appendix 2). It is worth including in the notice information about the employee’s rights, indicating possible options for compensation for working on a day off. Disabled people and women with children under 3 years of age must be notified, against signature, of the right to refuse to work on weekends and non-working holidays (Part 7 of Article 113 of the Labor Code of the Russian Federation).

According to Art. 153 of the Labor Code of the Russian Federation, work on a day off must be paid at least double the amount. Please note: if earnings are accrued to employees on a piece-rate basis or based on daily and hourly tariff rates, in each case the prices will need to be increased by at least 2 times. But employees receiving a salary should be paid for work on a day off in the amount of at least a single daily or hourly rate in addition to the salary, taking into account that the work was carried out within the monthly working hours. If the monthly norm is exceeded, payment is calculated in the amount of at least double the daily or hourly rate per day or hour of work in excess of the salary.

Working time standards are regulated by Article 91 of the Labor Code of the Russian Federation and Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n “On approval of the procedure for calculating working time standards for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week.” When calculating working time, it should be assumed that its normal duration cannot exceed 40 hours per week. However, there is no document that would define the reasons why working time standards may not be fully worked out. Let’s say a salaried employee was on vacation or absent due to temporary disability. Under such conditions, he is unlikely to be able to fully work out the norm in a month. This means that by engaging him to work on a day off, he can be paid at least a single daily or hourly rate in addition to his salary. Please note: if local regulations, such as a collective agreement or internal labor regulations, state that work on weekends and non-working holidays is paid at double rate, you will not be able to pay the employee a single daily or hourly rate for working on weekends, even if he worked less than normal working hours. To avoid misunderstandings, employees should be notified in advance about possible or planned options for remuneration for work on weekends, indicating the payment rates in the notice of engagement.

Since part 1 of Art. 153 of the Labor Code of the Russian Federation establishes only minimum prices for work on weekends and holidays, we can conclude that, at the request of the employer, compensation can be increased. Moreover, the amount of appropriate remuneration must be determined in the employer’s internal regulatory document, for example, in the internal labor regulations or a collective agreement.

Instead of increased pay, the employee has the right to choose another day of rest, in accordance with Part 3 of Art. 153 Labor Code of the Russian Federation. It should be noted that such an additional day of rest is not subject to payment, and a day off or holiday on which the employee will work must be paid as a regular worker - in a single amount. The employee can report his decision (increased pay or another day of rest) in a statement (see Appendices 3 and 4) or leave the corresponding entry directly in the notice of the need to work on a day off. It is very important to obtain written confirmation from the employee of the choice of compensation, because... it is the only evidence of his consent and will avoid disputes later.

If an employee wants to receive an additional day of rest, he will have to agree on the date with the employer. Since the legislation does not specify exactly when such a day of rest should be provided, the employee and the employer must come to a decision acceptable to each of the parties. “Free” can be Monday after a working day off, or any other day. At the request of the employee, such “time off” can even be added to vacation. The legislation does not indicate during what period of time (for example, a calendar year) an employee can exercise this right. Please note: the employee is provided with a full day of rest - regardless of the number of hours worked on the day off (Rostrud Letter No. 731-6-1 dated March 17, 2010).

If an employee does not agree to work on a day off and records his refusal in writing in a notice or a separate statement, then it is impossible to attract such an employee to work, unless the need for work on a day off is due to emergency circumstances established by Part 3 of Art. 153 Labor Code of the Russian Federation. Moreover, refusal to work on a day off or a non-working holiday does not serve as grounds for bringing an employee to disciplinary action.

After the employee confirms in writing his consent to work on weekends and non-working holidays, it is necessary to prepare an order or instruction in accordance with Part 8 of Art. 113 of the Labor Code of the Russian Federation (see Appendix 5). The employer’s administrative document should include all essential conditions: the type of work, the reasons that necessitated their implementation, the date and time. It is extremely important to indicate operating hours, because... An employee may be hired not for a full working day, but for part of it - for example, for 4 or 6 hours. Also, the order must determine the method of compensation for work on a weekend or non-working day - double payment or indicating the date of granting another day off. The basis of the order should list all related documents: a memo about the need to work on a day off, notification to the employee, written consent of the employee. The employee must familiarize himself with the order before starting work.

Let's consider situations when an employer can involve employees in work on weekends and holidays, the amount of additional payments for these days depending on the remuneration system used at the enterprise, the specifics of paying a business trip employee and creative workers for a day off or a holiday.

WORK AND REST MODE

The employer has the right to independently establish a work and rest schedule and a wage system in accordance with labor legislation, taking into account the specifics of the organization’s activities and its needs for labor resources.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

At enterprises with a continuous cycle of work, where suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the calendar week in turn to each group of employees in accordance with the internal labor regulations. In this case, most often they keep total records of working hours.

In addition to weekends, employees are provided with holidays. In accordance with Art. 112 Labor Code of the Russian Federation non-working holidays in the Russian Federation are:

FOR YOUR INFORMATION

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

In accordance with Part 5 of Art. 112 of the Labor Code of the Russian Federation, for the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days in the next calendar year by a regulatory legal act of the Government of the Russian Federation. Information about their transfer is subject to official publication no later than a month before the start of the corresponding calendar year.

CONDITIONS OF EMPLOYMENT TO WORK ON WEEKENDS AND HOLIDAYS

According to the general rule enshrined in Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. The exception is certain situations provided for by law.

An employer may involve employees to work on weekends and holidays only with the written consent of the employee in the following cases:

• the production and technological cycle in the organization is uninterrupted;
• the organization’s specialists perform work caused by the need for constant continuous service to the population;
• there was a need for urgent loading and unloading operations.

Sometimes obtaining the employee's consent to perform work duties on weekends is not required. This is possible if the following conditions are met, specified in Part 3 of Art. 113 Labor Code of the Russian Federation:

• to prevent or eliminate the consequences of an industrial accident, natural disaster, catastrophe;
• to prevent accidents, destruction and damage to enterprise property;
• to perform work the need for which arose in connection with an emergency situation, including caused by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in work on weekends and holidays (Article 259 of the Labor Code of the Russian Federation). It is prohibited to use minors on weekends and labor, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation). Creative workers under 18 years of age may be employed to work at night, on weekends and holidays.

FOR YOUR INFORMATION

Night time is considered to be from 22:00 to 6:00.

Work on weekends by disabled people or women who have children under three years of age is possible with their written consent and in the absence of medical contraindications to working overtime.

Work on weekends and non-working holidays must be documented accordingly. Necessary:

• obtain the employee’s written consent to go to work during holidays or weekends;
• familiarize the employee, against signature, with the conditions of severance, including the right to refuse work in his free personal time;
• notify the trade union body (if there is one);
• issue an order to perform overtime work. The order must indicate the date and reason for overtime work, the duration of work, and the list of persons involved.

NOTE

In the event of emergency situations, going to work on weekends and holidays can also occur by verbal order of management (before the order is issued).

All additional conditions for going to work on weekends and holidays can be specified in the internal regulations on remuneration.

The form of the document confirming the receipt of the employee’s consent to work extra time is not approved by law. Each enterprise has the right to develop it independently. Let's imagine an example of this form:

Notification

dated 05/19/2017 No. 5

The need to work on days off

Dear Oleg Ivanovich!

Due to production needs (unloading perishable goods), we ask you to come to work on the day off May 20, 2017 (from 9:00 to 13:00).

Work on a day off will be paid double in accordance with Art. 153 of the Labor Code of the Russian Federation.

At your request, you can get another day of rest without additional payment.

Please make a note indicating your consent or refusal to go to work.

Director of LLC "Rhythm" Klimanov V. M. Klimanov

Reverse side of the notice

I have read the notification.

I agree to go to work " 20 » May 2017

Exit conditions: Double pay for work on days off .

Medical contraindications for work: I do not have .

Storekeeper Ivanov O.I. Ivanov 05/19/2017

PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS

Payment for work on weekends and holidays is carried out in accordance with Art. 153 Labor Code of the Russian Federation. The amount and terms of payment are presented in table. 1.

Labor legislation establishes minimum wage guarantees on non-working holidays, which the employer can increase through contractual or local regulation. The employer has the right to establish specific amounts of remuneration for work on a weekend or holiday and stipulate them in the collective agreement, internal local regulations, or employment contract. This is explicitly stated in Art. 153 Labor Code of the Russian Federation.

IT IS IMPORTANT

The amount of payment for work on a day off or a non-working holiday, prescribed in the collective agreement, local regulations of the company and the employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing labor law norms (Article 149 of the Labor Code of the Russian Federation).

At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. If the employee requests to provide time off, he must write a corresponding statement. In this case, work on a weekend or holiday is paid in a single amount, and a day of rest is not subject to payment.

If the amount of remuneration on a non-working holiday is less than the amount of remuneration established by labor legislation, then the employee has the right to apply to the State Labor Inspectorate. Based on the results of the inspection, the employer may be held administratively liable for violating labor laws. Officials face a fine of 1,000 to 5,000 rubles, legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For partial non-payment of wages for more than three months, criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation). However, according to statistics, workers rarely turn to the State Labor Inspectorate with such complaints.

Payment for work on weekends and holidays for a salaried employee

For employees who have a fixed salary, wages in excess of the monthly norm are calculated based on the daily or hourly rate (in excess of the salary).

Daily rate is determined by dividing the employee’s salary by the number of working days in the month according to the production calendar for which the salary is calculated.

For calculation hourly rate two options can be used.

Option 1: the employee’s salary is divided by the number of working hours in a month according to the production calendar for which wages are calculated:

Hourly rate = Salary / Monthly standard according to the production calendar.

Option 2: the employee’s salary (monthly tariff rate) is divided by the average monthly number of working hours:

Hourly rate = Salary / (Average annual standard / 12).

Average monthly working hours is the result of dividing the annual time standard by 12.

The official salary of engineer Surikov O.B. is 60,000 rubles. He has a 40-hour work week, with days off on Saturday and Sunday.

In fact, Surikov O.B. worked 15 days in May, including one holiday: due to production needs, he worked on May 9. The standard working time in May 2017 is 20 days. Let's calculate Surikov O.B.'s payment for May 2017.

1. Let's determine the daily rate. To do this, divide the employee’s salary by the number of working days in May 2017 according to the production calendar:

60,000 rub. / 20 days = 3000 rub.

2. We calculate payment on a holiday.

Surikov O.B. worked on a holiday. At the same time, he did not exceed the standard working time (20 days) established for May 2017. This means that his payment on the holiday of May 9 will be equal to the daily rate - 3,000 rubles.

3. We will calculate payment for the remaining time actually worked in May. We multiply the daily rate by the number of working days worked:

3000 rub. × 14 days = 42,000 rub.

4. Let's calculate wages for May. O.B. Surikov’s salary for May 2017 will be:

42,000 rub. + 3000 rub. = 45,000 rub.

E. V. Akimova, auditor

The material is published partially. You can read it in full in the magazine

When you read the norms of the Labor Code regarding overtime work, as well as work on weekends, they seem extremely simple. However, in practice their use causes numerous difficulties.

What is written in the Labor Code...

So, let's first look at what is written in the Labor Code.

Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period (in accordance with Part 1 of Article 99 of the Labor Code of the Russian Federation).

Part 5 of the same Article 99 of the Labor Code of the Russian Federation states that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year.

Article 152 of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least double the rate.

According to Article 153 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is paid at least double:

• for piece workers - no less than double piece rates;
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;
• for employees receiving a monthly salary - in the amount of no less than a single daily or hourly rate in excess of the salary, if work on a weekend or non-working holiday was carried out within the monthly working time standard, and in an amount of no less than double the hourly or daily rate in excess of the salary, if the work was produced in excess of the monthly norm.

Let's explain these rules using simple examples.

So, we have cited the norms of the Labor Code. Now we will try to explain using simple examples how to apply these provisions.

What is overtime work

So, overtime work is work performed by an employee at the initiative of the employer outside the established working hours:

• daily work (shift) (see Example 1), as well as
• working in excess of the normal number of working hours during the accounting period (see Example 2).

Restrictions on overtime work

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. In this norm, too, at first glance, everything is simple.

Overtime pay

Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours at least twice the rate. Well, here too everything seems very simple.

Continuation of Example 3

Continuation of Example 4

Continuation of Example 2

Payment on weekends

Work on weekends and non-working holidays is paid at least double the amount:

• for piece workers - no less than double piece rates (see Example 8);
• employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate (see Example 9);
• for employees receiving a monthly salary - in the amount of no less than a single daily or hourly rate in excess of the salary, if work on a weekend or non-working holiday was carried out within the monthly working time standard, and in an amount of no less than double the hourly or daily rate in excess of the salary, if the work was produced in excess of the monthly norm (see Example 10).

Using simple examples, we explained how the law works. Now let’s look at the “tasks” that are more complicated.

Are overtime and weekend work the same thing?

So, it would seem that everything is simple, but in fact the norms of our legislation are drawn up in such a way that we often do not know how to apply them. Let's think about whether the concepts of “overtime work” and “work on weekends” are identical? If you try to answer this question, you will find that in some cases we equate these concepts with each other, and in others we consider them different from each other. Moreover, we are usually guided by common sense, and not by the literal rule of law. Let's give a specific example.

The situation is even more complicated when it comes to paying for work on weekends. In simple situations, everything is really clear: if a person works overtime on weekdays, then we pay the first two hours of work at one and a half times the rate, and the next - at double the rate. If a person is hired to work on weekends, then wages for all hours will be calculated at a double rate. Reading the rules regarding payment on weekends and for overtime work, we are absolutely sure that these are different things and such work must be paid in different ways. However, usually, if an organization hires employees to work on weekends, then they work 8 hours (the same as on weekdays), which are paid double, but not 13, as written in the letter. In this case, the dispute appears to be as follows. The workers, who appear to work 8-hour shifts over a five-day work week, were brought in to work on weekends. The organization of the enterprise, having read that Article 153 of the Labor Code of the Russian Federation states that work on weekends and non-working holidays is paid at least double, and multiplied the hourly tariff rate for payment by 2. The State Labor Inspectorate considered 5 hours that were worked outside 8 hours of normal working time, overtime. Therefore, in her opinion, overtime for the first two hours should be paid according to the formula: double payment for a day off is multiplied by one and a half for overtime work, plus for the next three hours payment is made according to the formula: double payment (for a day off) multiplied by 2 (for overtime work). The logic seemed strange to the organization, since at first glance it seems that the double amount for working on a day off already includes payment for the fact that the employee works extra time. Of course, this situation is controversial from the point of view of legal assessment, because the legislation in this case can be turned this way or that way.

Let us turn again to Article 99 of the Labor Code of the Russian Federation, according to which overtime is considered work performed at the initiative of the employer outside of:

1. Normal working hours.
2. Daily work (shift).
3. Working in excess of the normal number of working hours during an accounting period.

On the one hand, the logic of the labor inspectorate seems correct. After all, if the duration of daily work (shift) is 8 hours, then all the remaining time that exceeds this limit is work outside the daily work (shift). That is, it must be regarded (see point 2 of the list) as overtime work and paid according to the rules of Article 152 of the Labor Code of the Russian Federation, which states that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least than double the size. On the other hand, work on a weekend is always work outside the normal working hours (see point 1). After all, in this case the person will work more than 40 hours a week. But no one says that the first two hours of work on a day off must first be paid at double the rate, multiplied by one and a half, and the subsequent hours at double the rate, multiplied by two. But if the number of hours worked by him does not deviate from the normal duration of the work shift, there is no conversation about payment for that day according to the rules of Article 152.

Since there is no judicial practice in applying this article, and there is no explanation on this issue, it is impossible to say which of the parties is absolutely right. After all, the legislation here can be turned in one direction or the other. In addition, it is not clear: if the extra 5 hours were regarded as overtime, why this was not classified as an offense, because, in accordance with Article 99 of the Labor Code of the Russian Federation, overtime work should not exceed four hours for each employee for two days in a row. Well, on my own behalf, I can advise: to prevent such disputes with the labor inspectorate from arising, do not force an employee to work on a day off longer than the normal working hours on weekdays.

How to pay for overtime work and work on weekends when recording working hours?

Document fragment

Problems often arise with the payment of overtime work and work on weekends when recording working hours together. So, let's try to figure out how payment occurs using simple examples.

Typically, summarized recording of working hours is carried out at enterprises with a shift work schedule. In this case, as a rule, either a year or a month is taken as the accounting period. If in the accounting period the number of hours exceeds the normal working hours, then the first two such hours are paid at one and a half times the rate, the rest - at double.

When drawing up a work schedule, you should take into account two norms of the Labor Code. Firstly, the norm according to which work for two shifts in a row is not allowed, and secondly, the norm according to which continuous rest must be at least 42 hours a week.

Sometimes, according to the schedule, the working day of an employee working in shifts falls on a generally recognized weekend or holiday. The question arises: how to pay for work on such days, at double or single rates? The answer to this can be given as follows: if such an employee’s working day falls on a holiday, he must be paid at double rates (even if the number of hours in the accounting period does not exceed the normal number of hours).

As for weekends, the relevant norm of the Labor Code of the Russian Federation refers to the days off of specific employees, and not about generally accepted days off in general. In other words, if, for example, an employee’s working day falls on Sunday, he must be paid in a single amount, but if you ask a person to go out on the day when he is scheduled to rest, then this work must be paid in double size (even if the number of hours in the accounting period does not exceed the normal number of hours).

At some enterprises, management and personnel officers sincerely believe that if a production facility keeps a summary record of working time, then a person can be forced to go on his scheduled day off, and if the number of hours in the accounting period does not go beyond normal, he can be paid such work in a single size. This approach is absolutely wrong. And if on a generally recognized day off the work of the “shift worker” is paid in a single amount, then on his own - with compensation for such injustice - in double.

Let's try to understand the situation described by the author of the letter. If we look at the production calendar, we see that in January the normal working hours are 128 hours. A work schedule was drawn up, according to which the employee had to work 156 hours, including 32 hours of holidays. As we can see, the employee, according to the schedule, must work significantly more than normal working hours in January. But since the accounting period is a year, in subsequent months, in theory, such overtime should be compensated (that is, the person drawing up the schedule should try to make sure that the employee works less than the normal number of hours in February, March, etc.) . If a person worked according to the schedule, then we would pay him double for 32 holiday hours, and single pay for the remaining hours (156 - 32 = 124 hours). And at the end of the year we would look to see if our employee has “extra” hours. If they were available, an appropriate additional payment would be made (taking into account that the first two hours of overtime work are paid at a single rate, and the next - at a double rate). However, the employee worked 184 hours instead of the 156 hours scheduled, that is, 28 hours more! Of all the hours worked, 48 are holidays. In this case, a number of questions arise: why did it happen that the employee did not work according to schedule? With such a number of hours, was it possible to comply with the legal requirements, according to which continuous weekly rest must be at least 42 hours and working in two shifts is not allowed? Without seeing the work schedule and time sheet, one can only assume that the employee went to work on his days off. Accordingly, both 48 hours on holidays and 28 hours on weekends in this case must be paid at double the rate. The remaining hours of work are paid in a single amount. You will determine at the end of the year whether there is any processing that needs to be paid at an increased rate.

Work processes cannot always proceed strictly within the framework of a strictly established schedule.

Sometimes an employer simply needs to call one or more employees on weekends to perform urgent work. Of course, such work is paid above the established standards and, moreover, it allows you to receive not only payment, but also time off.

Registration of work on weekends, as well as its further compensation in the form of time off, is regulated by the Labor Code of the Russian Federation.

Article 153 of the Labor Code of the Russian Federation indicates that work performed on a weekend or holiday must be paid according to other criteria. The main thing for the employer is to clearly understand what is meant by the concept of a day off.

Each hired employee has his own established one. This measure is not unnecessary, because several regimes can operate within the same organization. When an employee works in an office job and has a five-day work week, Saturday and Sunday are considered days off, unless there have been official government shifts. All holidays that are prescribed in the Labor Code, as well as those that are officially announced for the next year, are also considered weekends. For employees who have special work schedules, for example, floating or rotational, days off are determined according to an individually established schedule. On holidays, they work or rest according to previously established criteria, and cannot claim to leave the workplace due to a red date on the calendar.

An employee can be engaged to work on his legal day off only with his consent and when a production need arises. However, it is worth remembering that any such involvement will result in increased payments for the employer himself, regardless of the reason for calling the employee to work after hours.

Payment amount

Payment of time off for work on a weekend is a separate article of the Labor Code of the Russian Federation, namely.

According to its standards, payment for work performed on a legal day off or holiday is made in the following minimum amounts:

1. Those receiving piecework payments should be charged no less than double rates.
2. For those who are billed hourly or daily, the double rate is calculated for one hour or one day.
3. Recipients should calculate the share of the salary for the time worked above the norm and multiply it by two. If the work was performed within the established monthly norm, then payments are made in a single amount.

Article 153 of the Labor Code of the Russian Federation establishes the obligation of double payment for all hours of work that fall on weekends or holidays. But it also contains a clause that states that other standards can be established by the employer in the collective agreement. The clauses of the collective agreement must be agreed upon with representatives of the work collective and not conflict with legislative norms. The norms prescribed in the Labor Code of the Russian Federation cannot be reduced, but they can be increased at your discretion in an unlimited amount.

Workers in creative professions usually work on weekends and holidays; Article 153 of the Labor Code does not apply to them.

The article itself states that the amount of payment for creative people is determined by the Russian Tripartite Commission, as well as local documentation, taking into account the List of Professions approved by the Government of the Russian Federation.

Which is preferable: time off or pay?

If the employee himself expresses such a desire, the employer is obliged to provide him with. You can take time off for a period equivalent to the hours worked, but no more.

When solving the dilemma of what is preferable – time off or payments, you should pay attention to the rules for providing both:

1. Increased pay is made for all hours of overtime work performed on weekends or holidays. It is calculated in accordance with the general procedure when calculating wages, and is paid together with it.
2. is taken at the request of the employee and does not cancel payment for work performed. However, payments when taking time off are accrued in a single amount.

The advantage of time off is that it can be taken as needed. However, the legislation allows no more than one calendar year for sampling accumulated hours of compensatory time off. If the right to rest is not exercised, then when the new calendar year begins, it is lost. Most employers do not give employees the right to choose and assign either increased pay or time off. It should be clearly understood that this state of affairs is a severe violation of the rights of a working person.

Many enterprises have adopted an unspoken law that days off that last less than 4 hours are usually not formalized, but are simply paid at an increased rate.

Procedure for granting time off

The employer must issue an order for going to work after hours. Only the presence of a written order will allow the employee to subsequently take advantage of all the benefits specified in Article 153. If there is no order, then the law will consider that the employee entered the workplace without permission, and such an exit does not provide grounds for increased payments and time off.

When writing an order, the employer can, in agreement with the employees, immediately specify the date of the days off provided in return. If such a note is present in the order, then on the appointed day the employee does not go to his workplace, and a mark about official time off is placed on his time sheet.

When the order does not have a strictly established day off or does not stipulate compensation at all, the employee writes, in which he expresses a request for a free day or hours in return for those worked.

The date of the free day must be previously agreed upon with the immediate supervisor. If he does not object to the absence of the employee on the specified day, he must put his resolution on this. The endorsed application is sent for signature to the director of the enterprise and only after its approval is considered approved. The submitted application is confirmed by an issued order, indicating the date of the extra-curricular day off and the reason for its provision.

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