Work on weekends according to the Labor Code (nuances). Work on weekends and holidays: how to apply and pay

Every working person has the right to rest days: holidays and weekends. They are characterized by the fact that the employee is exempt from labor responsibilities and can use this time for his own personal purposes.

What is a day off

A day off is time interval, designed for relaxation between working days. The duration of continuous rest cannot be less than 42 hours. A day off is considered to be the end of the working day before the day off and the start of a new work shift.

All organizations are required to comply with this rule, regardless of the type of activity applied. An employee's rest days depend on the shift schedule and work schedule. An employee’s right to a day off is determined by the employment contract and internal labor regulations.

If the organization operates on a 5-day basis working week, then employees have the right to two days off, and with a 6-day day - one day. For any number of working days per week, the total day of rest is Sunday.

The organization determines another day off in local regulations, before or after Sunday. But they can prescribe it on any other days.

Working on weekends may be only in exceptional cases. In this situation, rest is provided on any other day over the next two weeks.

What days are considered holidays?

Every working person dreams of long weekends and holidays. Calculate time to visit relatives, go out of town, participate in small trips and pay more attention to your loved ones and family. Our legislators are counting on this by providing the working population with at least 3 days of rest in a row throughout the year.

2018 consists of 365 calendar days. These include:

• working days – 247;
• holidays and weekends – 118 (20 holidays, 98 weekends).

Let's celebrate the holidays next dates:

1. New Year and Christmas holidays from 12/30/2017 to 01/08/2018
2. Holiday in honor of Defenders of the Fatherland from 23.02 – 25.02.2018
3. We celebrate International Women's Day from 03/08 – 03/11/2018.
4. Days of rest in honor of the Spring and Labor Festival from 04/29 – 05/02/2018
5. Holiday Victory Day – 05/09/2018
6. Celebration in honor of Russia Day from 10.06 – 12.06.2018
7. Weekend for National Unity Day from 03.11 – 05.11.2018

If a holiday coincides with a weekend, the rest day is transferred to the next working day.

Before the start of each holiday, the working day is considered shortened. List of shortened workdays:

• 02.2018;
• 03.2018;
• 04.2018;
• 05.2018;
• 06.2018;
• 12.2018.

At the legislative level, holidays are specified in the Labor Code in Art. 112. The Ministry of Labor also provided for the postponement of holidays falling on weekends in 2018.

For a better distribution of rest, it is proposed to swap rest days with working days, based on Government Decree No. 1250 of October 14, 2017:

• from Saturday 6.01 to Friday 9.03;
• from Sunday 7.01 to Wednesday 2.05.

Saturdays become working days, and Mondays become rest days in the following cases:

• from Saturday 28.04 to Monday 30.04;
• from Saturday 9.06 to Monday 11.06;
• from Saturday 29.12 to Monday 31.12.

The procedure for calculating wages for workers on rest days and holidays is regulated by Art. 153 Labor Code of the Russian Federation.

Conditions for hiring

Art. 113 of the Labor Code of the Russian Federation prohibits involving employees in performing work duties on holidays, but there are exceptions subject to certain conditions. The recommendations of Rostrud on the issue of working hours on holidays and weekends give following conditions:

1. If the employer has a reason to involve an employee in performing work duties on rest days, which is provided for in current legislation.
2. Order in writing from the employer.
3. A written application from the employee for consent to go to work in free time.
4. If there is a trade union at the enterprise, the act of taking into account the opinions of trade union members.

An employer’s basis for inviting an employee to work in his free time may be: following criteria:

1. An organization working with a continuous production cycle.
2. Those engaged in activities in the field of public services.
3. Organizations engaged in loading and unloading operations and construction and installation works.

But Special attention to work on weekends some categories of employees. These are disabled people, employees with children under three years of age. They apply following conditions:

1. For medical reasons, it is not prohibited to work on weekends.
2. Information message to the employee about the right to refuse to work on holidays.
3. Mandatory personal consent of the employee to perform work duties on holidays or weekends.
4. Specify in the order the reasons, duration and list of employees involved in performing work duties on holidays.

By law, employers do not have the right to call pregnant women and minors to work during their free time.

But there are cases when employee consent is not required. According to Art. 113 Labor Code of the Russian Federation, with following conditions:

1. Prevention unforeseen circumstances that can cause harm and damage to the organization’s property.
2. Carrying out work in connection with emergency, as a result natural disaster or military action.

If an enterprise expects to call an employee to work in his free time, then it must be stipulated in the collective agreement and other internal regulations.

Remuneration with formulas and examples

IN Russian legislation compensation is provided for work in free time. These include:

1. An increase of double or more in salary.
2. Providing extra day time off (at the discretion of the employee).

Here are examples of calculating wages on weekends.

Piecework

Tailor Mikhina M.A. within a month, due to production needs, she was called to work on Saturday and Sunday to sew 3 suits. The price of one suit is 650 rubles. In a month (except for going out in her free time), she sewed 12 suits.

Formula for calculating piecework wages on weekends:

12 * 650 = 7800 rub. – salary accrued for 12 suits

3 * 650 * 2 = 3900 rub. – double salary accrued for work on weekends

7800 + 3900 = 11,700 rub. – monthly salary accrued

Official salary

During the month worked, the accountant worked on holidays from January 4 to January 6. The accountant's salary is 32,000 rubles, 17 working days.

32,000 / 17 * 2 = 3,765 rubles. – double wages for one day off

3765 * 3 days = 11,295 rub. – wages for holidays

32,000 + 11,295 = 43,295 rubles. – salary for the month worked

If an employee performed his work duties on a half-day holiday, then he has the right to a full day of rest.

Hourly

Sales Managers Popov A.M. and Melikhova R.A. were called to work on March 8 and worked 5 hours each. Tariff rate(hourly) is 200 rubles. Popov A.M. refused time off, and Melikhova R.A. I decided to take advantage of the extra day of rest. Let's calculate the salaries of both managers:

For Popov, the salary was: 5 * 200 * 2 = 2000 rubles.

For Melikhova R.A., the salary was: 5 * 200 = 1000 rubles.

Performing work duties on holidays should not be in permanent form. This can only happen sporadically, with the registration of all conditions and procedures enshrined in the collective agreement and legal internal acts.

About overtime work, work on holidays and weekends - in this video.

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which work time does not turn on.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 109. Special breaks for heating and rest

For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Workers who work in the cold season in the open air or in closed, unheated rooms, as well as loaders engaged in loading and unloading operations, and other workers in necessary cases special breaks for heating and rest are provided, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Weekends

All employees are provided with days off (weekly continuous rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of workers in accordance with the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 112. Non-working holidays

Non-working holidays V Russian Federation are:

(Part one as amended by Federal Law dated December 29, 2004 N 201-FZ)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with 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 established by part five of this article.

(as amended by Federal Law No. 35-FZ dated April 23, 2012)

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

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

In order to rational use For employees on weekends and non-working holidays, days off may be transferred to other days federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, 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 a month before the corresponding date. 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 the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated April 23, 2012 N 35-FZ)

Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, the urgent implementation of which subsequently determines the normal work of the organization as a whole or its individual structural divisions, or an individual entrepreneur.

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Attracting creative workers to work on weekends and non-working holidays mass media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission social and labor relations, is permitted in the manner established by a collective agreement, local regulations, or employment contract.

(as amended by Federal Law No. 13-FZ dated February 28, 2008)

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Non-working holidays in the Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with 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 established by part five of this article.

Employees, with the exception of employees receiving 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, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

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

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred 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 a month before the start 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 the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Unlike other holidays, professional holidays and memorable dates No work is performed on non-working holidays.

2. Attracting employees to work on non-working holidays is possible with the payment of additional remuneration in the amount and manner determined by this article, and only in exceptional cases (see commentary to Article 113 of the Labor Code of the Russian Federation).

3. The transfer of weekends and non-working holidays to other days is carried out in the manner established by the Government of the Russian Federation.

Second commentary to Article 112 of the Labor Code

1. Except for parts 1 and 2 of Art. 112 has been radically changed. Its new edition provides details regarding remuneration for work on non-working holidays, the procedure for determining its size, attributing these payments to labor costs, and the procedure for transferring days off if they coincide with non-working holidays.

2. The coincidence of a non-working holiday with a day off entails the transfer of the day off to the next working day after the holiday. Resolutions of the Government of the Russian Federation, which, as a rule, are adopted for the next calendar year, contribute to a uniform solution to the issue of postponing holidays.

Article 112 provides that the transfer of days off to other days due to the coincidence of non-working holidays is carried out for the purpose of rational use of these days by employees.

The commented article now provides that 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 a month before the start of the corresponding calendar year. The adoption of regulations on the transfer of days off to other days during the calendar year is not excluded. It is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off. This rule will allow employees, members of their families and other citizens to plan and organize the use of free time on such days in advance.

3. The above rule for transferring days off is applied in organizations where work is not carried out on these days.

If the work and rest regime in an organization provides for work on holidays (in continuously operating industries, in organizations associated with daily services to the population, etc.), then weekends are not transferred (see Explanation of the Ministry of Labor of the Russian Federation dated December 29, 1992 N 5 // Bulletin of the Ministry of Labor of the Russian Federation. 1993. N 3).

4. In continuously operating organizations, as well as in the case of cumulative accounting of working hours, work on holidays is included in monthly norm working hours (see paragraph 1 of the Explanation of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions of August 8, 1966 N 13/P-21 // Bulletin of the State Committee for Labor of the USSR. 1966. N 10) (in accordance with Part 1 of Article 423 of the Labor Code of the Russian Federation legal acts USSR are applied insofar as they do not contradict Labor Code).

5. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on non-working holidays is, as a rule, prohibited. Exceptions to this rule are contained in the same article.

Due to the need to serve the population, they establish, for example, store opening hours on holidays.

6. In Russia, where the population adheres to different religions, the establishment Orthodox holiday- The Nativity of Christ - led to the need to secure the right of adherents of other religions to also have their own holidays. Moreover, it guarantees freedom of religion, including the right to profess, individually or together with others, any religion. The legislation does not and cannot have any obstacles to the exercise of this right: corresponding non-working days can be established by the constituent entities of the Russian Federation in connection with holidays characteristic of other religions.

At the same time, it seems that the issue of non-working holidays introduced for religious reasons should be resolved at the level of federal law.

7. In addition to holidays, non-working days, Russia also has holidays that are not associated with the mandatory release of workers from work. These are, first of all, numerous professional holidays. The list of holidays, professional holidays and memorable days celebrated in the Russian Federation in 2004 was published in the Bulletin of the Ministry of Labor of the Russian Federation (see Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 10. P. 52; 2005. N 7. Art. 560).

Procedure for consideration of proposals federal bodies executive power on the establishment of professional holidays and memorable days was approved by Decree of the Government of the Russian Federation of March 16, 2000 N 225 (SZ RF. 2000. N 12. Art. 1299; 2005. N 7. Art. 560). In accordance with it, proposals to establish professional holidays are submitted to the Government of the Russian Federation, taking into account consultations with all-Russian associations of employers, all-Russian associations of trade unions (Part 4 of Article 3 of the said Resolution).

Exemption from work on such days is often provided for in industry agreements and collective agreements.

8. Part 3 of Art. 112 for the first time provides for payment for non-working holidays not only for employees receiving wages on the basis of a fixed salary (official salary), the amount of which non-working days falling within the paid period did not and do not affect, but also for those whose wage is carried out based on actual output and labor costs. The inability to work on statutory non-working holidays (and work on these days is usually prohibited - see Article 113) reduces their wages. Which is unfair in comparison with those whose work is paid on the basis of salaries (official salaries) and for whom the presence of non-working holidays in a calendar month is not grounds for a reduction in wages (see Part 4 of Article 112).

New edition of Part 3 of Art. 112 provides that employees, with the exception of employees receiving 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 its payment are determined by the collective agreement or agreement. These issues can be resolved by a local normative act adopted taking into account the opinion of the elected body of the primary trade union organization (see Article 372). These issues can also be resolved in the employment contract. Apparently, with the help of an employment contract (i.e., individually), these issues can be resolved in the absence of corresponding norms in a collective agreement, agreement, or local regulatory act.

1. Part 1 of Article 112 of the Labor Code of the Russian Federation establishes a list of holidays and non-working days on the territory of the Russian Federation.

In order to ensure that each employee has the opportunity to annually use 12 non-working holidays in addition to weekends, Part 2 of the commented article provides for a rule on transferring a day off that coincides with a holiday to the next working day after the holiday. This rule should also apply when the day off, which the employee is entitled to in accordance with the internal labor regulations, coincides with a non-working holiday. In case of such a coincidence, the employee’s day off will be the next working day after the holiday.

The transfer of days off that coincide with non-working holidays should also be carried out in organizations that apply different work and rest regimes, in which work is not carried out on holidays. This applies equally to work modes with both permanent days off and “sliding” days off.

According to established practice, in cases where the work and rest regime provides for work on non-working holidays (in continuously operating organizations or those associated with daily services to the population, round-the-clock duty, etc.), the rule on the transfer of days off does not apply (clarification of the Ministry of Labor of Russia dated 29 December 1992 N 65 “On some issues arising in connection with the transfer of days off that coincide with holidays” // BNA RF. 1993. N 3).

2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), of 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, and an employment contract. At the same time, it is specifically stated that the amount of expenses for the payment of additional remuneration for non-working holidays relates to labor costs in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of financing.

3. An additional guarantee is provided for employees receiving a salary (official salary). In accordance with Part 4 of Article 112 of the Labor Code of the Russian Federation, the presence of non-working holidays in a calendar month is not grounds for reducing their wages. In other words, for employees receiving a salary (official salary), their wages in a calendar month are retained in full, regardless of the number of non-working holidays in that month.

4. Part 5 of Article 112 of the Labor Code of the Russian Federation gives the right to the Government of the Russian Federation to postpone weekends to other days, adding them to the nearest non-working days, for the purpose of rational use by employees of weekends and non-working holidays. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of weekends to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than 2 months before the calendar date of the established day off. This clarification allows both employees and employers to plan in advance appropriate activities related to the organization of work and rest.

In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 , approved by Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 // BNA RF. 1994. N 5).