home · Planning · How do you pay for exit? How is work on weekends and holidays paid according to the Labor Code of the Russian Federation? How is work on a day off paid according to the Labor Code of the Russian Federation?

How do you pay for exit? How is work on weekends and holidays paid according to the Labor Code of the Russian Federation? How is work on a day off paid according to the Labor Code of the Russian Federation?

On June 28, 2018, the Constitutional Court issued Resolution No. 26-P, in which it clarified the procedure for remuneration of civilian personnel of military units and organizations of the Armed Forces of the Russian Federation on weekends and holidays. Based on this resolution, Rostrud employees presented new clarifications on payment for work on weekends and holidays, as well as overtime and night work. During the consultation, we will familiarize you with the recommendations of officials, which are listed on the website https://onlineinspektsiya.rf.

Payment for work on weekends and non-working holidays

According to Art. 153 of the Labor Code of the Russian Federation, work on a day off or a non-working holiday is paid at least double the amount:

    for piece workers - at no less than double piece 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;

    for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.

In this case, specific amounts of payment for work on a day off or a non-working holiday can be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.

For your information: All employees are paid at an increased rate for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or holiday, the hours actually worked on that day (from 0 to 24 hours) are paid at an increased rate.

Let us remind you that according to Part 1 of Art. 129 of the Labor Code of the Russian Federation (employee remuneration) consists of:

    from remuneration for labor depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed by him;

    from compensation payments (additional payments and bonuses of a compensatory nature, including for work in conditions deviating from normal, special climatic conditions and in territories exposed to radioactive contamination, and other payments of a compensatory nature);

    from incentive payments (additional payments and incentive allowances, bonuses and other incentive payments).

Rostrud employees base their new clarifications on payment for work on a day off or a non-working holiday on Resolution of the Constitutional Court of the Russian Federation No. 26-P.

In paragraph 3.5 of the said resolution it is noted: Art. 153 of the Labor Code of the Russian Federation, considered in the system of current legal regulation, does not in itself imply that work on a day off or a non-working holiday performed by employees whose remuneration system, along with the tariff part, includes compensation and incentive payments, will be paid based on only one component wages - salary (official salary), and these employees, when calculating the amount of payment for work performed by them on a weekend or holiday, may be arbitrarily deprived of the right to receive appropriate additional payments, which leads to an unacceptable reduction in the remuneration due to them for work compared to payment of similar work performed on a normal working day.

Thus, when paying for work on a day off, the employer must take into account not only the tariff part of the salary, regional coefficients and percentage bonuses, but also compensation and incentive payments, as well as bonuses. This interpretation of Art. 153 of the Labor Code of the Russian Federation is given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P.

In addition, Rostrud noted: despite the fact that the court ruling deals with civilian personnel of military units, it also states that the interpretation of Art. 153 of the Labor Code of the Russian Federation is generally binding; this conclusion of the Constitutional Court of the Russian Federation applies to all employers without exception.

Payment for overtime and night work

Article 152 of the Labor Code of the Russian Federation regulates wages for overtime work. It says 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 twice the rate. Specific amounts of overtime pay may be determined by a collective agreement, local regulations or employment contract.

For your information: at the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.

Regarding payment for night work, according to Art. 154 of the Labor Code of the Russian Federation, each hour of work at night is paid at an increased rate compared to work in normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.

For your information: Currently, the Government of the Russian Federation Resolution No. 554 of July 22, 2008 is in force, which establishes that the minimum increase in wages at night (from 10 p.m. to 6 a.m.) is 20% of the hourly tariff rate (salary (official salary) calculated per hour work) for each hour of night work.

Rostrud indicated that the approach to wages presented in Resolution No. 26-P of the Constitutional Court of the Russian Federation is the same for all workers and employers and concerns not only double pay for work on weekends and holidays, but also increased pay for overtime work and night work , since otherwise this leads to an unacceptable reduction in the remuneration due to employees for work compared to payment for similar work performed on a regular working day.

How are bonuses taken into account when paying workers on weekends and holidays?

Article 135 of the Labor Code of the Russian Federation stipulates that an employee’s salary is established by an employment contract in accordance with the employer’s remuneration systems. At the same time, remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements and agreements , local regulations in accordance with labor legislation and other regulations containing labor law norms.

Rostrud employees explained that when paying wages on a day off, the employer must take into account all bonuses. Thus, if the remuneration system and the employment contract establish monthly bonuses, the amounts of which are predetermined, they are components of the employee’s salary.

Note: does not meet these criteria, it is not possible to take it into account when calculating wages on a day off.

Thus, if the amount of the monthly bonus is known in advance, it is taken into account when paying for work on a day off. In this case, the payment period of the bonus itself does not matter. It must be charged double.

In its explanations, Rostrud noted that the employer can provide other compensation payments, such as payment for food and travel, compensation for the cost of gasoline and car washing, and financial assistance for vacation. As already mentioned, when paying for work on a day off, the employer must take into account not only the tariff part of the salary, regional coefficients and percentage bonuses, but also compensation and incentive payments, including bonuses. However, compensation for the cost of food and travel, including the cost of gasoline and car washing, financial assistance for vacation are not components of wages, do not relate to compensation and incentive payments, therefore, when calculating wages on a day off, as well as average earnings during a business trip, it is not are taken into account.

Is additional payment for work under irregular working hours taken into account when calculating wages on a weekend or holiday?

According to Art. 101 of the Labor Code of the Russian Federation is a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is provided for by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

Please note that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations. However, it cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation).

At the same time, the introduction of an irregular working day for employees does not mean that they are not subject to the rules determining the start and end times of work, the procedure for recording working hours, etc. These employees are generally exempt from work on weekly rest days and holidays.

Thus, the involvement of employees who have an irregular working day to work on weekends and non-working holidays should be carried out using the provisions of Art. 113 and 153 of the Labor Code of the Russian Federation. Such clarifications are presented in the Letter of Rostrud dated 06/07/2008 No. 1316-6-1.

Labor legislation does not provide for monetary compensation (additional payment) for work on irregular working hours. However, the employer can establish such an additional payment in a collective agreement or local regulation.

So, if an organization has established an additional payment for work under irregular working hours, when paying for work on a day off or a non-working holiday, the employer must take into account not only the tariff part of the salary, but also all compensation and incentive payments, including this additional payment. This interpretation of Art. 153 of the Labor Code of the Russian Federation, given in the Resolution of the Constitutional Court of the Russian Federation No. 26-P, applies to all employers and employees without exception.

In conclusion, we repeat that with increased wages on weekends, holidays, overtime and night work, it is necessary to take into account not only the tariff part of the salary, but also compensation and incentive payments that are included in the wage system. This procedure for paying for work on weekends had to begin to be applied from June 30, since the decisions of the Constitutional Court are final, not subject to appeal and come into force from the date of official publication (Part 1 of Article 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ , clause 4 of the Resolution of the Constitutional Court of the Russian Federation No. 26-P), and the resolution in question was published on June 29, 2018.

All employees must be provided with uninterrupted weekly rest. We are talking about weekends. Depending on the working hours, there are two days off (if there is a five-day working week) or one (if there is a six-day working week) (Part 1 of Article 111 of the Labor Code of the Russian Federation).

The general day off is Sunday. And the second day off in a five-day working week is established by a collective agreement or internal labor regulations. As a rule, both days off are provided in a row. Usually the second day off is Saturday (Part 2 of Article 111 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation also distinguishes the concept of “non-working holidays”. These include (Article 112 of the Labor Code of the Russian Federation):

  • January 1, 2, 3, 4, 5, 6 and 8 — New Year holidays;
  • January 7—Christmas Day;
  • February 23 - Defender of the Fatherland Day;
  • March 8—International Women's Day;
  • May 1 - Spring and Labor Day;
  • May 9 - Victory Day;
  • June 12—Russia Day;
  • November 4 is National Unity Day.

In general, work on weekends and non-working holidays is prohibited (Part 1 of Article 113 of the Labor Code of the Russian Federation). However, exceptions are possible. We will remind you about them, as well as the procedure for paying for work on weekends and holidays, in our consultation.

When can I be hired to work on weekends and holidays?

As a general rule, in the case of unforeseen work, on the urgent completion of which the normal work of the organization or its structural divisions depends, as well as in other cases, taking into account the opinion of the elected body of the primary trade union organization, the employee may be required to work on a weekend or holiday. But this will require the written consent of the employee (Part 2 of Article 113 of the Labor Code of the Russian Federation).

You can do without the employee’s consent to work on holidays or weekends if the employee is involved in work to prevent a disaster, industrial accident, natural disaster or their consequences and in other similar force majeure circumstances (Part 3 of Article 113 of the Labor Code of the Russian Federation).

We remind you that disabled people and women with children under 3 years of age can be recruited to work on weekends and non-working holidays only if this is not prohibited for them due to health reasons in accordance with a medical certificate. In addition, such persons will need to be informed, against signature, of their right to refuse to work on weekends or holidays (Part 7 of Article 113 of the Labor Code of the Russian Federation).

If there are circumstances that allow the employer to involve employees in work on weekends or holidays, the employer must issue an appropriate notice.

Payment for work on a day off: Labor Code

For “holiday” work or work on weekends, payment according to the Labor Code of the Russian Federation provides for the use of at least double tariffs. The above means that such work is paid (Part 1 of Article 153 of the Labor Code of the Russian Federation):

  • for piece workers - no less than double piece 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;
  • for employees receiving a salary - in the amount of no less than a single daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary, if work on a weekend or holiday was carried out within the monthly working time norm, and in an amount of not less than double the daily or hourly rate (part of the salary per day or hour of work) in addition to the salary, if the work was performed in excess of the monthly working time standard.

Let's show this with an example. The employee's salary is 50,000 rubles. The number of working days in a month is 23. In fact, the employee worked 21 working days, and also worked 1 day on a day off. At the same time, the employee was not provided with another day of rest for working on a day off.

An employee’s salary for a month (including work on a day off, which “fits” into the standard working hours) is 47,826.09 rubles. (50,000 / 23 * (21 + 1)). The additional payment for working on a day off will be RUB 2,173.91. (50,000 / 23 * 1). The total monthly salary will be 50,000 rubles (47,826.09 + 2,173.91).

Please note that specific wages on weekends or holidays may be higher than those indicated above. The procedure applied must be established by a collective agreement or a local regulatory act of the employer (Part 2 of Article 153 of the Labor Code of the Russian Federation).

If a day off or holiday is not fully worked

Increased payment is made to the employee for hours actually worked on a weekend or holiday. Therefore, if an employee worked on a day off or a holiday for more than a whole day or shift, then the increased payment will also be made not for the whole day, but in proportion to the time actually worked (Part 3 of Article 153 of the Labor Code of the Russian Federation).

Instead of double pay - a day off

If an employee who worked on a weekend or holiday wishes, he may be given another day of rest in exchange for a working day off (holiday). In this case, work on a weekend or holiday is paid at a single rate, but a day of rest is not paid (Part 4 of Article 153 of the Labor Code of the Russian Federation).

Work on weekends or holidays with a shift schedule

When an employee works on a shift schedule and his shift coincides with a day off, such a day is paid as a regular working day, that is, in a single amount.

But if it turns out to be a holiday, payment should also be made at an increased rate (at least double). Moreover, when work on a holiday was carried out within the normal working hours of the employee for the corresponding period, it is impossible to replace this day with the consent of the employee with a single payment and a day of rest (Recommendations of the Federal Service for Labor and Employment of 06/02/2014).

What if work was done at night on holidays? We talked about the features of paying for night hours on holidays.

Constitutional Court on pay for work on a day off

When an employer pays an employee for work on a day off or holiday and for such work the employee was not given another day of rest, payment for a working day off should be calculated not only based on salary, but also taking into account compensation and incentive payments, regional coefficients, and percentage bonuses. The Constitutional Court came to this conclusion in its

In the next two months, by order of our superiors, our enterprise will temporarily switch to an enhanced operating mode. You will have to go to work several times on weekends according to your schedule. This, of course, is not very convenient; the only good thing is the special double pay that the managers promised us for every day off worked. Is this topic close to your heart? Interested in:

  • How is payment for work on a day off carried out according to the labor code?
  • What does the law say?
  • How is work processed on weekends and holidays?

Review the information in this article. I answered all these questions clearly and clearly.

The question of how to pay for performing work duties on a day off is regulated by modern labor legislation, Article 153 of the Labor Code of the Russian Federation. In standard mode, work on weekends and holidays is prohibited. Activities are only possible in the most exceptional situations.

Every employee who returns to work during such a period has the right to compensation - double pay or additional time off.

The ban on a person working on weekends has been adopted by law. The main purpose of this provision is to provide workers with quality, complete rest, and it is aimed at preserving their health.

If, due to certain circumstances, it is necessary to organize work activities on weekends or holidays, the manager is required to comply with certain conditions:

  • Availability of official consent from the person being called to work;
  • Obtaining official approval from the trade union, if one operates at the enterprise.

There are certain situations in which an employee may be called in without obtaining his or her prior consent and without complying with the conditions described above. We are talking about special urgent work on which the success of the enterprise’s development directly depends:

  1. Preventing a complex emergency.
  2. Professional elimination of consequences from an accident or disaster.
  3. Preventing loss or damage to tangible property.
  4. Adoption of a state of emergency or martial law, in which there is a threat to the population of the Russian Federation.

If such situations arise, all employees working at the enterprise, without exception, may be called to work on weekends. Professional orientation depends on the current situation. The exceptions are employees of the following categories:

  • Pregnant women;
  • Employees with disabilities;
  • Parents with small dependent children.
Calling specialists to work on days of rest is possible only with properly organized compensation.

Rules for compensation for work during rest

Compensation for going to work at such times can be of two types:

  1. Double payment for busy time.
  2. Providing an additional day off with full salary retention.

In many organizations, the employee independently chooses the optimal compensation option for himself. To make an informed choice, it is worth studying each option in more detail.

Double payment

Features and calculation rules will depend on the payment system adopted at the enterprise and on the amount of time worked. Here are some payment rules:

  • Piecework wages – receiving a salary at double rates;
  • Tariff rates – double tariff;
  • Salary – a monetary addition to the established salary in the form of a single rate for a full day or in the form of an hourly payment;
  • The double rate worked out in excess of the required salary is awarded to those who worked during the rest period more than the minimum norm established for the month.
Double payment for work activities must fully comply with the internal regulations of the company.

The head of the company has the right to independently set rules for payment for weekend leave. In this case, the director is obliged to be guided by the Labor Code, Article 8. It prohibits worsening the general situation of employees by internal local acts. Also, the manager has every right to change the payment situation. This can be done exclusively in the direction of increase, for example, pay triple the amount or even more.

Additional day off

Providing an additional day off is another option for legal compensation for going to work on holidays. This rule is provided for by Article 153 of the Labor Code of the Russian Federation. Such vacation is provided under the following conditions:

  1. One day of rest is given for each additional day off worked.
  2. In this case, work is paid at the normal rate.
  3. Time off is paid.

As soon as an official request is received from an employee to replace double pay with a day of rest, the organization issues a corresponding order. It must contain information such as:

  • Initials and positions of the two parties;
  • Grounds for granting a day off;
  • Preferred number, which can be changed as desired.
The duration of the day off provided for compensation does not depend on the time worked during an urgent call!

For example, a person went to work on January 3 and worked for about 4 hours. As due legal compensation, he has the right to take a full paid day off. Time off can be taken not only in the month when the urgent return to work took place, but at other times. There are no strict restrictions here. The most important thing is to write a statement with the corresponding request in advance.

Time off or compensation?

As practice has shown, employers very often have problems choosing what to provide - additional time off or double pay. It is easier for many organizations to fully comply with the rules and requirements of Rostrud. According to these requirements, a working day on a scheduled day off is paid in a single amount and, as an addition, a day off is given with full preservation of earnings. Paying a double rate for days off worked is much less common.

Very often, compensation in the form of additional rest is used in modern budget organizations. Such a policy allows companies to avoid various problems and friction with employees, with all the ensuing consequences, including litigation.

If employees choose additional compensatory time off, they can be established in advance and provided separately, and they can be added to annual leave. If necessary, days are provided to the employee upon individual request.

In some organizations, work activities on weekends, and compensation for this, are completely regulated by managers. In other words, employees do not have the right to choose between double pay and additional time off. This is not a violation of the law. The main thing is to ensure that the rights of workers in such a settlement are not violated.

Registration of work activities on weekends

Attracting and calling employees to work on holidays and weekends requires mandatory written documentation. This must be an agreement and a special official decision. It is accepted and formalized by the manager based on the goal set and the features of standard work activity.

At large enterprises, when registering a working day off, department heads must draw up a memo addressed to the director. It contains information such as:

  1. Names of employees who are called to work.
  2. The positions they hold.
  3. Reasons for attracting specialists to perform work activities.

Based on the submitted application, the boss makes the final decision on the advisability of working during the rest period. If the head of the enterprise agrees, he issues a corresponding order.

The law does not establish a unified form for drawing up and filling out this paper. The document is drawn up in full compliance with the rules and regulations adopted by the enterprise. Despite a certain freedom in compilation, the following data must be indicated:

  • Goals set by the manager for the working weekend;
  • Exact date of return to work;
  • Options for compensation for working during the rest period.
Employees who are called to work during the rest period must study such a document and put a personal signature.

Summing up

Double pay and provision of additional time off under Labor Code are important guarantees for employees of modern companies and organizations. This is the protection of employees from various possible abuses by their superiors. Specialists receive a guarantee that they will receive adequate rest. Only under such conditions can a manager involve employees in working on holidays and weekends.

Work on a weekend or a non-working holiday is paid at least double the rate: for piece workers - at least at double piece 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; for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time. Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract. 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. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment. Remuneration for work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical 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 workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.

Legal advice under Art. 153 Labor Code of the Russian Federation

    Anastasia Nikolaeva

    Good evening! For work on Sunday you are entitled to double pay or single pay plus a day off. I can’t understand why this day off will not be paid?

    Yakov Fedkin

    Good evening! The question is this. On Saturday you go to work on a day off, is it possible to pay in a single amount and take one day off, paid?

    • Question answered over the phone

    Oleg Volosevich

    I work at a state of emergency. Dairy plant. Can my employer not pay for shifts on holidays?? And can he, without warning in advance, reduce the premium?

    • Question answered over the phone

    Maria Andreeva

    Hello! I work 12 hour shifts (y/n). Should New Year's holiday weekends be paid double?

    • Question answered over the phone

    Vera Timofeeva

    Worked 4 hours on weekends. How time off is provided, 4 hours or 8 hours. Write the article number in the labor code.

    • Lawyer's answer:

      According to Art. 153 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. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment. The above article does not establish that the duration of additional rest must correspond to the duration of work on a day off. Therefore, even if an employee worked only 1-3 hours on a day off, he should be given a full day of rest.

    Petra Pavlova

    quote Article 153 of the Labor Code...Please...

    • Lawyer's answer:
      • Lawyer's answer:

        You are somewhat lost in the text of the article. 154 Housing Code of the Russian Federation, although these texts are also quite clumsy... Payment for the USE of residential premises is provided only for the tenant of the premises. premises. And he lived for the owner. premises, a fee is provided for the maintenance and repair of residential premises, INCLUDING fees for services and work on managing the apartment building, maintenance and routine repairs of common property in the apartment building. This word “INCLUDING” is not very good, because... the contents of the vein itself. premises owned by the owner occupant are actually NOT included. This follows from the text of paragraph 29 of the “Rules for the maintenance of common property in apartment buildings...” (approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491), which clearly states that “COSTS FOR MAINTENANCE AND REPAIR OF RESIDENTIAL PREMISES are determined in the AMOUNT ENSURING THE CONTENT OF COMMON PROPERTY..." And nothing more... Therefore, the maintenance and repair of EVERYTHING in the apartment (except risers) are the expenses of the owner only. But if your payment documents (in addition to the maintenance and repair of common property) also include (in a separate line and ADDITIONALLY) “payment for residential premises,” then this is a clear violation of the legislation of the Russian Federation. You have a direct route to the State Housing Inspectorate (or maybe to the prosecutor’s office, and even to the court) Good luck.

Quite often, managers are forced, due to certain circumstances, to involve employees in work on their legal rest days, including weekends and holidays. In order to avoid any further claims against the employer and to avoid various unpleasant stories involving people not going to work, it is necessary to document all the nuances of payment for work on a day off, making it legally correct. If this is not done, then in the future this may lead to conflict situations with company employees, which, in turn, will cause litigation.

When to celebrate is decided from above

The legislation provides for an officially approved schedule of holidays, which are non-working days in our country. The list of days off is approved annually. If an employee needs to work on one of the holidays or weekends during a five-day work week prescribed in the contract, then the employee has the right to receive extraordinary paid time off or pay for work at a double rate.

How is work on a day off paid? Let's explore the topic in more detail.

Recruitment to work on non-working days

In order for an employee to go to work on an official day off, you must obtain his written consent to perform this action in advance. A prerequisite is that consent must be in writing, and not just verbal. This point is provided for in Article 113 of the Labor Code. Among other things, this consent will ensure the content of the order to attract the employee to work on a day off.

When is a positive response not required?

There are situations provided for by law when his consent is not required to involve an employee in work unscheduled. These types of circumstances include:

1. Preventing the occurrence of a disaster or eliminating the consequences of an accident that has already occurred.

2. Prevention of accidents at work.

3. The need to carry out urgent work, the need for which arose due to the declaration of martial law or a state of emergency in a certain area.

Obviously, these circumstances are few and far between and, fortunately, occur quite rarely. Therefore, in most cases, it will be necessary to obtain the voluntary consent of the employee to involve him in work on a legal day off or holiday.

Ways to notify about work activity

How is work on a day off paid? This depends on a number of circumstances.

The organization has the right to independently determine the form in which the employee will be notified of the need to work on a day off. The most common form is a proposal or notice. The notification document must specify the reasons for going to work, time and date, and compensation options. After reviewing the document, the employee endorses the document with his signature. If necessary, you can specify the chosen method of payment for work on a day off. If the choice falls on an additional day off, but the employee cannot specifically indicate the date, then in the future he will write another application.

Who has the right to refuse?

There are categories of citizens, including disabled people, minors, single mothers raising children with disabilities, who should be highlighted in a separate column, since, in addition to signing the consent to pay for work on weekends and non-working holidays, they also confirm their awareness of the possibility refuse to go to work at this time in principle.

Making an order

Having received the employee’s written consent to be hired to work on a day off, the employer can issue a corresponding order. There is no general form for it. Sometimes an employer may decide that it is not necessary to issue an order. This occurs due to the employer’s reluctance to keep double records of work on a day off or provide him with an additional day off. However, this practice is quite destructive and fraught with unpredictable consequences.

In judicial practice, the vast majority of such conflicts are resolved not in favor of the employer. As a rule, it is not difficult for an employee to prove the fact of working on a legal day off. The evidence base can be witness testimony, documents, oral instructions from the employer, etc.

Resolving such conflicts in court in favor of the employee is fraught with certain consequences for the employer in the form of large fines. To avoid such consequences, you should complete all necessary documents in a timely and correct manner.

Financial compensation

The Law on Working on Weekends stipulates that if the employee is off during this time, compensation must be guaranteed, since such circumstances violate his rights to legal rest as prescribed in the Constitution. Compensation, as mentioned above, can be either monetary (double the amount) or in the form of paid time off.

How is work on a day off paid? We'll talk about this further. Legislation will serve as our basis.

Article 153 of the Labor Code of the Russian Federation suggests that for going to the workplace on a day off you should be rewarded twice as much. Thus:

1. Piece-rate employees receive double pay for the time worked.

2. Hourly employees receive double pay for working on a weekend or holiday.

If an employee works for a fixed monthly salary, then two payment methods are possible in accordance with Article 153 of the Labor Code of the Russian Federation:

1. If the standard hours in the current month are not exceeded, then compensation is calculated based on one daily fixed rate, which is paid in excess of the established salary.

2. If the monthly norm is exceeded, the amount of compensation will not be lower than double the fixed rate.

A statement will not be superfluous

If an employee expresses a desire to take time off as compensation, but cannot specify the exact date, then he will need to write a statement. It is believed that additional statements are not needed to receive compensation, but they will not be superfluous and will help to avoid misunderstandings with the employer. More often than not, monetary compensation turns out to be more profitable than additional time off. It is important, however, that the amount of compensation is calculated correctly, especially if we are talking about hourly wages. The issue of working on days off with a shift schedule is also a pressing issue.

The easiest way to calculate compensation is for those employees who did not go on sick leave or go on business trips during the month of work. In this case, the working norm is not exceeded; accordingly, the employee will definitely have the right to receive a monetary reward for going on a day off. Many people are interested in information about working on a day off on a business trip.

Time off compensation

How is work on a day off paid, other than monetary remuneration?

Not all employees who are given the opportunity to choose between compensation and extraordinary time off choose the former. There are also those who would prefer an additional day of rest at any time convenient for them.

As mentioned above, an employee has the right to indicate a convenient date for time off already at the stage of reviewing and signing consent to be hired to work on a weekend or holiday. In this case, when filling out the order, the employer will include a clause stating that the compensation will be additional free time on a certain date. If the employee is not ready to name a specific number of days off, then before the required day he will write a corresponding application for a day off as compensation. The application must be signed by the employer.

Article 153 of the Labor Code states that no matter how many hours an employee works on a weekend or holiday, he is still entitled to a full day of leave. Rostrud also adheres to this policy. The employee must be familiarized with the order to provide an additional day off by signature.

Despite the fact that the employee will be absent from work on an additional day off, this day is paid in accordance with the Labor Code. This additional day is compensation for when the employee worked outside of work hours. If this rule were different and the pay was not maintained, it could not be considered compensation, since it would be considered leave at one's own expense.

It is especially important how the employer marks the day of absence of the employee in the time sheet. The corresponding note is made in a special program or report card. Otherwise, an incorrectly documented absence of an employee may cause unpleasant consequences for the employer.

When to take time off?

You can take time off either in the current month, when you went out on a free day, or at any other time. The law does not provide strict restrictions in this regard. Let's give an example: an employee worked one working Saturday in August, but in the same month he did not go on vacation. In this case, his earnings will be equal to his full salary plus one day of compensation. If an employee expresses a desire to take time off in September, then in both August and September he will have his full salary without any deductions.

All of the above calculations are made based on actual time worked. If the standard has not been worked out, then the calculation is made according to the Labor Code, taking into account each specific case.

Time off or compensation?

In practice, it turns out that employers have many problems with providing an additional day off and paying the employee for the month. For many companies, it is easier to maintain solidarity with Rostrud and pay a single rate per working day plus additional time off while maintaining wages. In some cases, the employer pays for a day off at double the rate.

Such a policy will help the organization avoid disputes with employees and their filing lawsuits. The most problems with compensation payments arise with employees from budget support. For unknown reasons, such organizations prefer to give time off rather than pay for work on a day off at double the rate. Most often, compensatory time off is added to annual leave or given to the employee upon request.

Sometimes a collective agreement prescribes a certain procedure for providing compensation, and the employee does not have the right to demand any other option. If such rules are not provided, then the choice remains with the employee. The situation in the economy now is such that, whenever possible, employees prefer to take double pay for going to work on a free day.

It is important to clearly understand your rights and responsibilities and ensure that your work activities are properly formalized and regulated. Only if you comply with all legal rules and regulations can you claim compensation for working on a day off.

Summarizing all of the above, we can conclude that the employer has the right to invite an employee to work on a day off only with his written consent or in exceptional cases described in the law. That is, the employee has the right to refuse to comply with this condition. This is especially true for the categories of citizens listed above who have preferential working conditions. The choice of compensation is also the prerogative of the employee, unless otherwise provided by the terms of the contract with the employer.