Registration of employment on days off. Registration and payment for work on weekends and non-working holidays
As a general rule, work on weekends and non-working days holidays prohibited. But, as you know, there are exceptions to any rule. And in the situations listed by the Labor Code of the Russian Federation, subject to mandatory compliance with certain conditions, it is possible to legally attract an employee to work on a holiday*. For such “unscheduled” work, he, of course, is entitled to additional compensation. Instead of double pay, the employee may be given another day of rest at his request. Today we will talk about how to do this. Please note that the same rules and procedure will apply when granting an employee a day off for working on a day off.
Let us remind you that in accordance with Part 1 of Art. 153 of the Labor Code of the Russian Federation, as a general rule, work on a weekend or a non-working holiday is paid at least double the amount:
- 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;
- employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm working time, and in the 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 working time standard.
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 of the employer, adopted taking into account the opinion of the representative body of employees, or employment contracts. Remuneration for work on weekends and non-working holidays for creative workers can be determined on the basis of the listed documents.
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.
Let us highlight the conditions for providing another day of rest.
Condition 1. Another day of rest is provided only at the request of the employee.
The initiative to provide an employee with another day of rest instead of double pay for work should not come from the employer. It is the employee who must make such a request, and it is advisable that it be made in writing - in the employee’s application.
Condition 2. Another day of rest may be provided (but does not have to be provided) by the employer.
Another day of rest is provided at the request of the employee and with the consent of the employer. If the employer refuses to provide the employee with another day of rest, work on a non-working holiday must be paid at double the rate general rules. The head of the organization usually formalizes his decision with a resolution on the employee’s application.
Expert opinion
E.V. Orlova, Director of the Internal Audit Department of Komo LLC
About compensation for work on a non-working holiday
If an employee takes another day of rest for work on a holiday, then work on such a day is paid at a single rate and not at a double rate. Moreover, if an employee, despite another day of rest, works the standard working hours for the month, then in addition to the salary he needs to make a single additional payment for work on a holiday (Part 3 of Article 153 of the Labor Code of the Russian Federation).
That is, if an employee took another day of rest for working on a holiday in the same month in which the holiday occurred, then he worked the monthly standard working time. And the employer must pay him the normal salary for his work and another daily portion in addition to the salary for the holiday. In other words, a day of rest is not paid additionally, but wages for this day are retained.
If the employee takes another day of rest in another month, then for the month in which the employee worked on the holiday, he must receive the full salary plus a single daily portion of the salary. And for the month in which the employee took an additional day of rest, he receives the full salary, although he works one day less than normal.
Thus, an employee who has worked a monthly standard of working hours in each month must be paid according to the situation.
Situation 1. If another day of rest is taken in the same month as work on a holiday:
- payment to the employee for this month = salary + one daily part of the salary
Situation 2. If another day of rest is taken in another month:
- payment for the month in which there was work on a holiday = salary + one daily part of the salary;
- payment for a month with a day of rest = full salary, i.e. exactly as if he had taken another day of rest in the same month in which he worked on a holiday.
Condition 3. The employee is given a whole day of rest even if he worked for several hours on a non-working holiday.
Part 3 Art. 153 of the Labor Code of the Russian Federation does not make the duration of rest dependent on the duration of work on a holiday (see letter of Rostrud dated March 17, 2010 No. 731-6-1).
Condition 4. Work on a day off or a non-working holiday is paid in a single amount, and the rest day provided to the employee is not subject to payment.
Condition 5. The employee may request another day of rest in another month.
The Labor Code of the Russian Federation does not contain a rule stating that another day of rest must be used in the same month when the employee was involved in work on a non-working holiday. This means that the employee can use the day of rest at other times. But the employee must inform about his desire to use another day of rest in the same month when he was brought to work on the holiday, so that the employer has all the necessary data to accrue him wages. Moreover, when making such a request, the employee may indicate in advance the date of use of another day of rest, but may not do so.
Condition 6. The employee is given not an additional, but a different day of rest.
The total number of days off in a calendar period does not change (does not increase), and the day of rest is “transferred” from one day of the week (month) to another.
Let's see what actions need to be taken to provide an employee with another day of rest for working on a non-working holiday and what documents need to be drawn up for this.
Stage 1 Receiving an employee’s request to use another day of rest for working on a non-working holiday
Note! This stage is absent if the employee did not mention his desire to use another day of rest for work on a non-working holiday in documents such as: a notice of the need to be involved in work on a non-working holiday, a memo about the need to be involved in work on a non-working holiday or a notice on the right to refuse employment on a non-working holiday.
If the employee has submitted a written request to use another day of rest for working on a non-working holiday, see Step 2.
An employee’s request to use another day of rest for working on a non-working holiday can be formalized different ways, it all depends on the specific situation of being hired to work on a holiday and the HR rules adopted by the employer. Next we will consider only one option.
Receiving an employee’s request to use another day of rest for working on a non-working holiday on a notice of the need to be hired to work on a non-working holiday
If an employee has been notified or offered to work on a non-working holiday in situations where such involvement requires the employee’s written consent, then the employee may, when completing his consent to work, simultaneously declare his desire to use another day of rest in the future.
Step 1 We receive the employee’s mark on the notice of the need to be hired to work on a non-working holiday
Situation 1. The employee agrees to work on a non-working holiday and submits a request for another day of rest without specifying the exact date.
Situation 2. The employee agrees to work on a non-working holiday and submits a request for another day of rest, indicating the exact date.
Step 2 Submit the notification to the manager for review
To make a decision on engaging an employee to work on a non-working holiday, as well as on the possibility of providing the employee with another day of rest for such work, a notification is sent to the head of the organization or other official who has the right to regulate the working hours and rest times of employees.
Step 3. We receive a notification with the manager’s resolution
In his resolution on the notification, the head of the organization or other authorized official determines the actions that must be taken to attract the employee to work on a non-working holiday. Since in our example it is necessary to take into account the opinion of the elected body of the primary trade union organization, this needs to be reflected in the resolution. The consent of the employer’s representative to provide the employee with another day of rest is also recorded here.
Please note: if the employer does not agree to provide the employee with another day of rest, then this should be reflected in the resolution and pay double for work on the holiday.
Situation 1. The employee submitted a request for another day of rest without specifying the exact date.?
Situation 2. The employee submitted a request for another day of rest, indicating the exact date.
Stage 2 Receiving an employee’s application for another day of rest for working on a non-working holiday
Note! This stage is absent if the employee and the employer have verbally agreed to provide the employee with another day of rest for working on a non-working holiday. Also, there is no need for a statement if the parties have previously reached an agreement (see Stage 1) on the date the employee will use the rest day.
Step 1 We receive an application from the employee to provide him with another day of rest for working on a non-working holiday
Since another day of rest for work on a non-working holiday is provided only at the request of the employee, most often in practice the employee draws up a written application for this. It is advisable that in his application the employee indicates not only the date when he wishes to use the day of rest, but also the dates on which he was involved in work.
Step 2 We register the employee’s application for another day of rest for working on a non-working holiday
An employee’s application for another day of rest for working on a non-working holiday is registered in a special accounting form designed for registering internal documents, for example, in the Employee Application Register. In our example (see below), columns 1-4 are filled out in the Journal form.
When registering, a “Registration number” detail is provided on the application.
Step 3 We send the employee’s application for another day of rest for working on a non-working holiday to the head of the organization
To make a decision on the merits of the request, the application is sent to the head of the organization or other official who has the right to regulate the working hours and rest hours of employees.
Step 4 We receive an application from the employee to provide him with another day of rest for working on a non-working holiday with a resolution from the head of the organization
The head of the organization or another authorized representative of the employer formalizes the decision made as a resolution on the application. If the decision is positive, the resolution determines the employee responsible for preparing the draft order to provide the employee with another day of rest for working on a non-working holiday.
Step 5 We transfer the information from the manager’s resolution on the employee’s application to provide him with another day of rest for working on a non-working holiday to the Employee Application Register
After receiving an employee’s application with a request to provide him with another day of rest for working on a non-working holiday with the resolution of the head of the organization or another authorized representative of the employer, in our example, columns 5-8 are filled in in the Employee Application Log.
Step 6 We send the employee’s application for another day of rest for working on a non-working holiday to the case
A mark is placed in the lower left corner of the document regarding the filing of an employee’s application with a request to provide him with another day of rest for working on a non-working holiday.
Stage 3 Issuing an order to provide an employee with a day of rest for working on a non-working holiday
Providing an employee with another day of rest for working on a non-working holiday is formalized by an order of the employer regarding personnel. The order is issued in free text form on a personnel order form developed by the employer.
Step 1 We draw up a draft order to provide the employee with a day of rest for working on a non-working holiday
The employer’s order indicates the date of “time off” and the non-working holiday for which a day of rest is provided for work.
The basis for issuing an order is the completed documents - the employee’s application and (or) other documents listed in Stage 1.
Step 2 We sign an order granting the employee a day of rest for working on a non-working holiday
The order is signed by the head of the organization or another authorized official.?
Step 3 Register an order to provide an employee with a day of rest for working on a non-working holiday
The order must be registered in a special registration form, for example in the Register of Orders for Personnel.
The corresponding registration number and registration date are indicated on the order.
Step 4 We introduce the employees, upon signature, to the order to provide the employee with a day of rest for working on a non-working holiday
The employee must be familiarized with the order to provide a day of rest for work on a non-working holiday against signature.
All interested officials must also be familiar with this order. In our example, this could be the head of the exhibition center, chief accountant, etc.
Step 5 We send an order to provide the employee with a day of rest for working on a non-working holiday.
Orders for personnel are stored separately from orders for main activities. At the same time, orders for personnel that have different storage periods must be formed into separate files.
When sending an order to provide an employee with a day of rest for working on a non-working holiday, a note is made in the file in the lower left corner of the order.
Information about sending an order to the case may also be reflected in the registration form (see example above).
Stage 4: Registration of a time sheet
The employer is required to keep records of the time actually worked by each employee. Information about the employee’s use of a day of rest for work on a non-working holiday must be recorded in the time sheet.
To record the time actually worked by the employee until January 1, 2013, all employers used a time sheet for recording working hours and calculating wages or a time sheet for automated processing of accounting data, unified forms No. T-12 or No. T-13 of which were approved by a resolution of the State Statistics Committee of Russia dated 01/05/2004 No. 1.
After January 1, 2013, subject to requirements Federal Law dated 06.12.2011 No. 402-FZ “On Accounting”, unified forms are used by public sector organizations. Commercial organizations must use their own forms of primary accounting documents for recording labor and its payment, in particular forms of time sheets. When developing your forms personnel documents employers - commercial organizations can take previously used unified forms as a basis, processing them at their discretion.
In our example, working time recording is shown using form No. T-13.
Please note: in the time sheet, another day of rest granted to an employee should be indicated by the same code as a “regular” day off. In our example, this is code “B”. It is not allowed to use the code “NV” (additional day off (without pay)) in a situation where the employee is given not an additional, but another day of rest, as this will lead to a violation of labor legislation on providing the employee with compensation for work on non-working days. holiday.
Applications:
An example of a memo about the need to work on a day off
An example of a notification of salary changes
An example of an employee’s application for increased pay for work on a day off
An example of an employee’s application for provision extra day rest as compensation for working on a day off
An example of an order to hire someone to work on a day off
Reflection of information about work on weekends in the time sheet
Magazine: Personnel Directory, As of: 05/06/2013, Year: 2013, Number: No. 6
- Personnel records management and Labor law
Returning to work may occur due to production needs, urgent repair work, or the performance of a work assignment that requires complex nature. Yes, in the Labor Code Russian Federation the possibility of calling an employee is provided under the strict condition of consent on his part. In this article you will learn about all aspects of working on weekends, holidays or night hours. In addition, the reader has the opportunity to see a reflective sample order to work on weekends and read other documentation relevant to the current topic.
General information
Today, working on holidays and weekends for most structures is nothing more than a production necessity. In accordance with Russian legislation Currently, it is possible to carry out work activities on officially non-working days strictly for the following reasons:
- Certain requirements of a production and technical nature from the work process.
- There is an urgent need in the field of public services (cafes, restaurants, shops, transport, medicine, and so on).
- Loading and repair work of an urgent nature.
It is important to note that, in such serious circumstances, special rules regarding calling employees to carry out work activities are implied. In addition, their work, one way or another, is subject to compensation beyond the allotted time. What nuances must be kept in mind in any case? The answer to this question can be found in subsequent chapters.
When is it allowed and when is it prohibited?
Today work on weekends (Labor Code of the Russian Federation Art. 113 part 1) is prohibited in almost all cases. However, as with any rules, there are exceptions, according to which Russian legislation gives the employer the right to involve its employees in carrying out work activities on these days.
Thus, in view of the emergence of unforeseen work, the urgent execution of which under any circumstances determines the normal activity of the organization as a whole, but it was previously impossible for management to plan and predict it, the employer has the right to call the employee on the weekend. Nevertheless, the above situation necessarily requires the written consent of the employee in accordance with part two of Article 113 of the Russian Labor Code.
Eg, get to work on a day off Accounting staff are available during delivery financial statements. Thus, a few days before or on the eve of the expected departure, the employee undertakes to formalize his consent to carry out work activities on rest days in writing. It is important to add that the time period for which it is necessary to warn the employee is not currently established by law. Then, when the employer did not have time to receive written consent from the employee to carry out work activities (for example, the employee agreed, but only verbally), carry out this operation there is an opportunity and a necessity precisely on the day when he goes to work.
Strict Duty
In addition to the information above, there are currently situations where an employee undertakes to go to work on holidays or weekends even when he did not give his own consent to this. Among them are the following points:
- Going to work to eliminate or prevent consequences natural disaster, industrial accident or disaster.
- Work on weekends (TC) RF) to prevent damage or destruction of the employer’s property complexes, municipal or state property, as well as accidents.
- Going to work to carry out assignments, the need for which is determined by the introduction of a martial law or a state of emergency, as well as work of an urgent nature under extreme circumstances, that is, in the event of a disaster or its threat. This may include fire, flood, famine, earthquake, epidemic or epizootic. In addition to the listed circumstances, it is necessary to pay attention to other cases that in one way or another jeopardize normal conditions life or directly the life of society (its part). It must be added that procedure for hiring on weekends and holidays on in this case regulated by paragraphs 1-3 of part three of Article 113 of the Russian Labor Code.
Useful services and additional information
When is it possible at the legislative level? overtime work on weekends? Today, you can find out which day in the current 2017 is a holiday, a day off or a shortened day in the production calendar. It is through it that you can obtain information about the norm of working hours per quarter, month or week, subject to different durations working week.
It should be noted that working on Sunday or Saturday in accordance with the shift schedule does not imply equating work on weekends. Then, when the shift falls on a holiday, the application of the provisions of Article 113 of Russian labor legislation is relevant. Currently, the judicial authorities emphasize that holidays are such for absolutely all employees of various companies, which does not depend on whether work on these days is included in the shift schedule.
Thus, when a person working in shift mode on a holiday is involved in labor activities (even when this day is identified in accordance with the schedule as a working day), payment for work is made at increased rates.
Documentation relevant for calling an employee
Today, the main document that serves as the basis for attracting an employee to work on non-working days and weekends is order to work on weekends (sample presented above). This provision corresponds to part eight of article 113 of Russian labor legislation. It is important to note that its design is done in any form. Nevertheless, practice has shown that a holiday includes certain requirements that are relevant in the process of registration itself. Among them are the following points:
- Mandatory indication of the employee's last name, first name, and patronymic.
- Specific days on which the employee must work.
- Order to work on a day off also includes the structural unit where the employee will work.
In order to avoid possible disputes and disagreements, it is advisable to draw up the order in two copies and issue one paper to the employee for signature. So, the two parties will have documentary evidence of this call, and if necessary, the employer will be able to provide evidence that the employee was notified about the call on a weekend or holiday. In addition, you can ask the employee to issue agreement to work on a day off separate paper. It must be added that its compilation also corresponds to a free form.
Current forms today
It is important to note that today, as well as other conditions, are determined by an order drawn up in accordance with one of two forms:
- T-12 “Sheet for calculating wages and recording working hours.”
- T-13 “Work Time Sheet”.
By the way, there is currently a third option for placing an order, but it is used much less frequently. Thus, it is possible to provide in a paper drawn up directly by the manager two lines for the employee to sign: “Agree” and “Disagree.” The text of the order must include a quotation from part two of Article 113 of Russian labor legislation indicating the employee’s right to refuse to work on weekends or holidays. By the way, if the employee agrees, a compensation payment or time off for work on a day off (TC RF).
It should be noted that the employee’s work activities on holidays or weekends must also be reflected in the work time sheet (the unified forms given above). To do this, you need to enter a code consisting of the letters “РВ” or the numbers “03” in the appropriate column under the date at the top of the cell. He talks about the duration of work on holidays and weekends. At the bottom of the cell you need to indicate the specific number of hours that the employee worked that day.
Payment for work on a day off (Labor Code of the Russian Federation)
Currently, current legislation provides two options for compensating employees for work on holidays and weekends. Among them are the following points:
- Providing an additional day for rest and standard payment for the day.
- Double payment for work on a day off (Labor Code Art. 153).
It should be noted that the option of receiving compensation is chosen directly by the employee. He has the right to draw up a separate application document after a worked day off, holiday, or indicate the necessary information in the consent, which is drawn up in writing and submitted before going to work.
Additional payment for work
If we touch on the topic of the specific amount of additional payment, then it depends on the employee’s salary. Thus, in relation to piece workers, the compensation payment should be established in an amount equal to or exceeding double the piece rate, and in relation to those whose work is paid in accordance with daily (hourly) tariff rates - in an amount equal to or exceeding double rate. In addition, it is determined by the rules set directly by the employer. These provisions are regulated by part one of Article 153 of the current labor legislation of the Russian Federation.
It would be advisable to consider specific example how the employer undertakes to pay for work on a holiday for various categories workers when the latter chose a compensation payment rather than an additional day off.
Examples
So, to begin with, it will be useful to familiarize yourself with the calculation of the amount of compensation payment for work on holidays and weekends in the case of piecework payment. Employee X works as a courier. In May of this year he delivered commercial products according to 109 addresses. At the same time, he carried out his own labor duties on 05/01/2017 and 05/09/2017. It's no secret that these days are considered holidays. The courier made fourteen trips over two days. In this case, the payment for any departure is 250 rubles.
You can calculate the basic salary for May, excluding work on holidays, as follows: (109 - 14) x 250 = 23,750 rubles. The additional payment for labor activities on 05/01/2017 and 05/09/2017 is: 14 x 250 x 2 = 7000 rubles. So, the total salary of a courier is 30,750 rubles.
In addition, it would be advisable to calculate the amount of compensation for work on holidays and weekends in case of payment in accordance with the hourly tariff rate. In May of this year, the employee worked 151 hours. It is necessary to take into account that he also performed his own work duties on Saturday (05/20/2017) and worked eight hours. In this case, the hourly rate is 350 rubles per hour.
Thus, the basic salary plan for a monthly period, if you do not take into account work on a day off, is: (151 - 8) x 350 = 50,050 rubles. The additional payment for working on a day off is equal to: 8 x 350 x 2 = 5600. Thus, the total salary of the courier for May of the current year is 55,650 rubles.
It is necessary to note that the current labor legislation of the Russian Federation establishes only the minimum amount of additional payment for work on holidays and weekends. The structure has the right to establish a specific amount independently by specifying this provision in the labor (collective) agreement. In addition, Russian tax legislation allows the entire amount of the surcharge to be taken into account in salary expenses for calculating personal income tax.
Compensation as an additional day of rest
In the final chapter, it would be advisable to consider this option of compensating for work on a holiday or day off, as an additional day of rest. However, in this case it is necessary to take into account several nuances. Initially, it should be noted that in order to receive such compensation, the employee one way or another undertakes to express his own consent by completing the appropriate application in any form. It is necessary to add what to indicate up-to-date information It is also possible to provide written consent to work on a holiday or day off. The current labor legislation of the Russian Federation does not currently contain any direct guidance, but the judicial authorities emphasize that a simple signature in an order to call an employee on a holiday or day off is not enough to provide him with an additional day of rest.
In addition, it is the presence of consent in writing on the part of the employee to receive additional rest, one way or another will allow in the future to avoid possible disputes and disagreements with the employee, as well as confirm the fact that he has chosen this particular type of compensation. It is important to note that the current labor legislation of the Russian Federation does not strictly indicate when an employer must provide an employee with a day of rest. That is why the latter has the right to request absolutely any day at his own discretion.
In the event that an employee decides to quit, but working on a holiday or day off remains uncompensated for him with an additional day of rest or in financial terms, then he should be sent financial compensation. Then, when an employee arbitrarily took a “day off” without agreeing with the employer in advance, this behavior, as a rule, is recognized as absenteeism, which means we're talking about already about disciplinary action (usually in the form of an explanatory note directly from the offending employee). Here everything depends solely on the seriousness labor responsibilities employee, because the three main types of disciplinary sanctions that are known today (explanatory, reprimand or dismissal) are applied in different cases.
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 future claims against the employer and to avoid various unpleasant stories involving ignoring access to workplace, you need to clearly 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 in advance to do so. of this action. Required condition It is precisely the written form of consent, and not just oral. This point is provided for in Article 113 of the Labor Code. Among other things, given 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. General shape does not exist for him. 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, the employee does not pay special labor 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 formalize everything Required documents timely and correct.
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 standard is not exceeded; accordingly, the employee will definitely have the right to receive monetary reward for going out 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 in it stating that the compensation will be an 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 went out on after school 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 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 perform 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.
1. Is it legal to hire employees to work on weekends and non-working holidays?
2. What documents are used to document work on weekends and holidays?
3. What compensation are employees entitled to for working on weekends and holidays?
In accordance with the Labor Code of the Russian Federation, all employees have the right to rest on weekends and non-working holidays. Moreover, the legislation establishes a direct ban on work on such days. And only in exceptional cases can an employer involve employees in working on weekends and holidays. At the same time, in order to prevent violations of labor laws, employment on holidays and weekends must be properly formalized and paid at an increased rate. Read the article on how to do this correctly.
Which days are considered weekends and non-working holidays?
Weekend, that is, days of continuous weekly rest, are established by the internal labor regulations (Article 111 of the Labor Code of the Russian Federation). That is, it is not at all necessary that the generally accepted days off Saturday and Sunday will be days off for a specific employee of a specific organization. For example, if an employee is set shift work work and his work shifts fall on Saturday and Sunday, then for him these days are working days, and no special registration of work on these days is required. Or, if an employee has a six-day work week with one day off on Sunday, then for him Saturday will be a regular working day, and the employer does not need to arrange and pay for work on such a day in a special way. That is a special procedure for recruitment and payment will apply only if the employee goes to work on his day off, established by the internal labor regulations.
WITH holidays the situation is different: they are the same for all employees, regardless of work schedule. Respectively, work on such days in any case provides for increased pay and compliance with the procedure for recruitment.
The list of non-working holidays is established by Art. 112 of the Labor Code of the Russian Federation and it is closed:
- 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 some cases, additional non-working holidays may be established at the level of a constituent entity of the Russian Federation in connection with a religious holiday.
! Note: If a non-working holiday coincides with a day off, then the day off is transferred to the next working day after the holiday (Part 2 of Article 112 of the Labor Code of the Russian Federation). The key point here is that it is transferred day off day, and a holiday is tied to a specific date. For example, in 2015, the non-working holiday May 9 fell on a Saturday, so the day off was moved to May 11. Thus, if, according to the shift schedule, the employee had to work on May 11, work on such a day is formalized and paid in the usual manner, as on other working days. If work shift fell on May 9, that is, a non-working holiday, then the employer will have to comply with the conditions for attracting an employee to work on such a day and pay for the work at an increased rate.
Conditions for employment on weekends and holidays
In most cases, in order to engage an employee to work on a day off or a non-working holiday, the employer must obtain consent from him, and in writing. And only in exceptional cases is such consent not required.
The employee's written consent is not required
- If an employee is required to work on a day off or a non-working holiday in case of emergency(Part 3 of Article 113 of the Labor Code of the Russian Federation):
- to prevent a catastrophe, industrial accident or eliminate their consequences;
- to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
- to perform work caused by emergency circumstances (fires, floods, earthquakes, etc.).
- If an employee is hired on a non-working holiday in accordance with the established shift schedule(during your work shift) to carry out work (Article 103 of the Labor Code of the Russian Federation, Part 6 of Article 113 of the Labor Code of the Russian Federation):
- in continuously operating organizations;
- related to public services;
- urgent repair and loading and unloading operations.
The employee's written consent is required
- In addition to the listed cases, the employer has the right to involve employees in work on a day off or a non-working holiday. to perform urgent, unforeseen work, on the implementation of which the normal functioning of the organization (IP) depends. In this case, the employee’s consent is required, formalized in writing (Part 2 of Article 113 of the Labor Code of the Russian Federation).
The closest example to us: an accountant going to work during the January holidays to prepare annual reports, payroll, contributions, etc. And although in most cases accountants, like people with high degree responsibility, they themselves are the initiators of such “holiday” work, it is still necessary to obtain written consent. Otherwise, the employer faces liability for violation of labor laws.
- Regardless of the reason for which the employer invites employees to work on a day off or a non-working holiday, for certain categories of employees written consent is mandatory in any case. These categories include (part 7 of article 113, parts 2, 3 of article 259, article 264 of the Labor Code of the Russian Federation):
- disabled people;
- women with children under three years of age;
- mothers and fathers raising children under the age of five without a spouse;
- guardians of children under five years of age;
- other persons raising children under five years of age without a mother;
- workers with disabled children;
- workers caring for sick members of their families in accordance with a medical report.
In addition to written consent, to legally engage employees from the categories listed above, the following is required (Part 7, Article 113 of the Labor Code of the Russian Federation):
- notice of the right to refuse such work, with which the employee must be familiarized with signature;
- confirmation that the employee is not prohibited from working on such days for health reasons in accordance with a medical report.
! Note: Absenteeism from work on a day off or a non-working holiday in the absence of the employee’s written consent (in cases where its presence is required) is not a disciplinary violation and does not entail any consequences for the employee.
Prohibition of work on weekends and holidays
The Labor Code of the Russian Federation contains a direct prohibition on hiring the following categories of workers to work on weekends or non-working holidays (even with their consent):
- pregnant women (Part 1 of Article 259 of the Labor Code of the Russian Federation);
- workers under the age of 18 (Article 268 of the Labor Code of the Russian Federation), with the exception of athletes and creative workers.
Registration of written consent of the employee
The employee’s written consent can be drawn up either in a separate document or contained in a notice of engagement to work on a weekend or holiday. There are no standardized forms for such notification and written consent, so the employer has the right to develop and apply his own.
Notification of employment on a weekend or non-working holiday can be addressed to each employee individually or to a group of employees, indicating their full names and positions. The second option - notification to a group of employees - is convenient in the case when you plan to involve several employees in the work at once, so as not to “forget” to obtain the consent of each of them. It is advisable to include in the notice:
- date of planned recruitment;
- the reason that necessitated such involvement;
- the fact that the employee has read the notice;
- the fact of the employee’s consent (or refusal) to work on a weekend or non-working holiday;
- the fact that the employee is familiar with the right to refuse to work on a day off or a non-working holiday (mandatory for certain categories of employees);
- the form of compensation chosen by the employee: increased payment or an additional day of rest (indicating the date).
Registration of the manager's order
Involvement of employees to work on weekends and non-working holidays must be formalized by a written order of the employer (Part 8 of Article 113 of the Labor Code of the Russian Federation). There is no mandatory form for such a disposition (order), so each employer develops it independently.
The order is drawn up on the basis of a document expressing the employee’s consent to work on a day off or a non-working holiday (written consent or notice containing such consent). The order states:
- Full name and position of the employee(s) involved in work on a weekend or non-working holiday;
- date of hiring;
- the reason that necessitated such involvement;
- the form of compensation chosen by the employee: increased payment or an additional day of rest (indicating the date). If the form of compensation is not determined in advance, then it can be issued by a separate order after completion of the work.
Payment procedure for work on weekends and non-working holidays
For work on a day off or a non-working holiday, employees are entitled (Article 153 of the Labor Code of the Russian Federation):
- payment of at least double the amount;
- payment in a single amount with the provision of another day of rest.
Thus, the Code establishes only minimum payment amounts Therefore, the employer has the right to provide increased amounts of payment. For example, instead of double payment, the employer can set payment at triple rate, etc. Specific amounts of payment for work on weekends and holidays are fixed in collective agreement, a local regulatory act (for example, Regulations on remuneration) or in an employment contract.
! Note: The employee has the right, at his own discretion, to choose the form of compensation for work on a weekend or holiday: increased pay or single pay with the provision of another day of rest. An employer cannot “impose” a form of compensation. However, there is an exception to this rule: if the employee works according to urgent employment contract concluded for a period of up to two months. In this case, for work on a weekend or holiday, the only type of compensation is provided for him - payment of no less than double (Part 2 of Article 290 of the Labor Code of the Russian Federation).
So, we found out that work on a weekend or holiday is paid to the employee at least double or single, with the provision of another day of rest, which is not paid separately. At first glance, everything is quite simple, but in practice some difficulties may arise, since the specific procedure for calculating the “increased” payment depends on the remuneration system used.
For clarity, the specifics of calculating payment for work on a weekend or non-working holiday are reflected in the table.
|
Remuneration system |
Payment for work on a weekend or non-working holiday |
|
|
No other day of rest is provided |
Another day of rest is provided |
|
| Piecework | At least at double piece rates | At single piece rates |
| Time-based | At least double the daily or hourly tariff rate for each hour of work on such a day | At a single daily or hourly rate |
| Salary |
The monthly working hours are not exceeded(for example, the work shift fell on a non-working holiday) |
|
| At least at a single daily or hourly rate (part of the salary for one day or hour) in addition to the salary | In the amount of salary | |
|
Monthly working hours exceeded(for example, if an employee went to work on his day off) |
||
| At least at double the daily or hourly rate (part of the salary for one day or hour) in addition to the salary | At a single daily or hourly rate (part of the salary for one day or hour) in addition to the salary | |
! Note: If part of the working day (shift) falls on a weekend or non-working holiday, then the hours actually worked on that day are paid at double the rate. But if the employee chose another day of rest as compensation, then he is provided a whole day of rest, regardless of the number of hours worked on a weekend or holiday (letters from Rostrud dated March 17, 2010 No. 731-6-1, dated July 3, 2009 No. 1936-6-1, dated October 31, 2008 No. 5917-TZ).
As a rule, the main difficulties are caused by calculating payment for work on a weekend or non-working holiday if the employee has a fixed salary. In this case, as can be seen from the table, it is necessary to take into account the monthly working hours. Standard working hours per month calculated according to the schedule of a five-day work week with two days off on Saturday and Sunday based on the duration of daily work (shift) (Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n). For example, if an employee has a 40-hour work week, then the monthly working time in August 2015 is 168 hours (40 / 5 x 21).
Let's look at the procedure for calculating payment for work on a weekend or holiday in more detail using examples.
Example 1. Work on a weekend or non-working holiday is carried out within monthly working hours.
The operator of Pribor LLC, Yu.A. Mikhailov, who works in shifts, has a 40-hour working week and a salary of 41,750 rubles. per month. In June 2015, in accordance with the schedule, Mikhailov Yu.A. worked 20 shifts (8 hours each), one of which fell on a non-working holiday, June 12. Let's calculate the employee's salary for June 2015:
- The hourly rate in June is: 250 rubles. (RUB 41,750 / 167 hours)
- Number of hours worked in June: 160 hours (8 hours x 20 shifts)
- Salary for June: 40,000 rubles. (250 d. x 160 h.)
- Payment for a non-working holiday in addition to salary: 2,000 rubles. (250 rub. x 8 hours)
- Total salary for June: 42,000 rubles. (RUB 2,000 + RUB 40,000)
In this case, work on a non-working holiday is not paid additionally, that is, the salary for June will be equal to the salary and will be 40,000 rubles.
Example 2. Work on a weekend or non-working holiday is carried out above the monthly norm working hours.
Accountant of LLC "Balance" Voronina E.V. a 40-hour working week and a salary of 25,050 rubles are established. per month. In June 2015, all working days were worked in full, in addition to Voronina E.V. was involved in work on a non-working holiday, June 12 (8 hours). Let's calculate the employee's salary for June 2015:
- The employee chose increased pay for working on a non-working holiday without providing another day of rest.
- Monthly working hours in June: 167 hours (40 hours / 5 days x 21 days - 1 day (pre-holiday))
- The hourly rate in June is: 150 rubles. (RUB 25,050 / 167 hours)
- Number of hours actually worked in June: 175 hours (167 hours + 8 hours)
- Salary for June: RUB 25,050. (150 rub. x 167 hours)
- Payment for a non-working holiday in addition to salary: 2,400 rubles. (150 rub. x 8 hours x 2)
- Total salary for June: 27,450 rubles. (RUB 2,400 + RUB 25,050)
- The employee chose to provide another day of rest for working on a non-working holiday.
- Payment for a non-working holiday in addition to salary: 1,200 rubles. (150 rub. x 8 hours)
- Total salary for June: 26,250 rubles. (RUB 1,200 + RUB 25,050)
! Note: If an employee worked overtime on a non-working holiday (for example, instead of 8 hours he worked 9 hours), then all hours of overtime work are also considered work on a holiday. At the same time, for the entire period of work on a holiday, only one type of additional payment is accrued - for work on a non-working holiday. It is not possible to accrue additional pay for work on a holiday and for overtime at the same time.
Income tax, personal income tax, contributions from payment for work on weekends and holidays
Payments to employees for working on weekends and non-working holidays are part of the salary, so the following amounts:
- are included in the employee’s income and are subject to personal income tax in the general manner (clause 6, clause 1, article 208, clause 1, article 210 of the Tax Code of the Russian Federation);
- are subject to insurance contributions to the Pension Fund, Federal Compulsory Medical Insurance Fund, Social Insurance Fund in full (Part 1, Article 7 of Federal Law No. 212-FZ, Clause 1, Article 20.1 of Federal Law No. 125-FZ);
- are taken into account in income tax expenses and under the simplified tax system as part of labor costs (clause 3 of article 255, clause 6 of clause 1 of article 346.15 of the Tax Code of the Russian Federation).
In this case, the minimum amount of payment for work on a day off or a non-working holiday, accrued in the amounts established by the Labor Code of the Russian Federation, is clearly included in expenses for tax purposes: double the amount if another day off was not provided, and single amount if another day off is provided.
As for the inclusion of increased payment in expenses, in part exceeding the minimum established by the Labor Code of the Russian Federation, there is no clear position of the regulatory authorities on this matter. Thus, the Ministry of Finance spoke out against the inclusion in expenses of amounts paid for work on weekends and holidays that exceed those established by the Labor Code of the Russian Federation (Letter of the Ministry of Finance of Russia dated March 4, 2005 No. 03-03-01-04/1/88). However, the Federal Tax Service considers it possible to include in tax expenses the full amount accrued for work on weekends and holidays (Letter of the Federal Tax Service of Russia dated April 28, 2005 No. 02-3-08/93). Thus, the taxpayer has the opportunity to defend the legality of including in expenses the entire amount accrued for work on a weekend or holiday. At the same time, do not forget that expenses must be justified and documented. That is increased payment must be fixed in internal administrative documents, and the need for involvement should be reflected in the appropriate order.
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Normative base
- Labor Code of the Russian Federation
- Tax Code of the Russian Federation
- Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
- Federal Law of July 24, 1998 No. 125-FZ “On Mandatory social insurance from industrial accidents and occupational diseases"
- 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 the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week”
- Letter of the Ministry of Finance of Russia dated March 4, 2005 No. 03-03-01-04/1/88
- Letter of the Federal Tax Service of Russia dated April 28, 2005 No. 02-3-08/93
- Letters from Rostrud
- dated March 17, 2010 No. 731-6-1,
- dated 07/03/2009 No. 1936-6-1,
- dated October 31, 2008 No. 5917-TZ
Find out how to read the official texts of these documents in the section
♦ Category: , .The Constitution of the Russian Federation states the human right to work and rest. More specifically, the rules for their practical implementation are deciphered in the paragraphs of the Labor Code (LC). The law regulates the relationship between the employer and employees in certain situations. Thus, work on weekends according to the Labor Code is possible only with the consent of the parties to the contract.
How to apply for work on a holiday or official day off
Rest for workers is provided within the framework of paragraph 113 of the Labor Code. The text of the regulatory act contains a ban on involving the bulk of employees in the implementation of job responsibilities on such days:
- free from work (Saturday and Sunday);
- holidays (given in paragraph 112).
However, in the process of work, issues often arise that cannot be resolved without the involvement of hired workers. They are also provided for in paragraphs of the Labor Code. Rules of engagement production activities On weekends the employees are quite strict.
They are:
- It is possible to load a worker on his legal day of rest only with his consent:
- provided in writing;
- drawn up and signed personally;
- recruitment must be formalized by an administrative document:
- on the eve of the specified days off from work;
- indicating the method of compensation:
- additional payment;
- time off;
- The employee must be familiarized with the order in advance.
Important: it is prohibited to declare entry to workers for the following categories of citizens:
- pregnant women;
- minors (except for some professions).
Financial compensation
The law establishes a general rule for compensating employees for extracurricular work. They should be paid double for their work. A more specific calculation method depends on the rate used at the enterprise:
- salary;
- hourly;
- piecework.
Fundamentally, the method for determining a specific amount when using different rates has only one general moment- use of double tariff:
- in the salary system, the average hourly earnings are calculated and multiplied by two;
- doubles when hourly tariff rate, and the final amount is proportional to the hours worked;
- with piecework pricing, the rate for one item (product) also increases.
Attention: the final amount is formed in different ways:
- in the salary system it does not depend on labor productivity and working time;
- and when using the other two methods, it is closely related to the listed factors.
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Providing time off
An alternative option for compensating for off-hour participation in the production process is to provide time off. This is written down in the third part of paragraph 153 of the Labor Code. Moreover, the text of the article contains the following rules:
- work outside of school hours is paid as a regular day;
- for work outside of normal hours, rest is provided equal to the time of employment (one to one);
- time off is not financed by the employer (no earnings are accrued).
Rostrud issued a letter explaining the time off for workers. In particular, the document points out that the time of actual employment during the holiday period is unimportant. That is, an employee can perform his duties not for eight hours, but only for three. He still gets a day off.
Attention: the choice of the day of rest is up to the worker. He is obliged to perform the following actions:
- notify management that you will not come to work in advance in writing;
- familiarize yourself with the relevant order on granting time off.
Which compensation option to choose?
In practice, experienced administrators try to organize work so as not to have problems with inspection bodies. At privately owned enterprises, double payment is issued. But in the public sector this is rarely practiced. Employees working on holidays are given days off or an additional day for their next vacation.
Attention: the conditions for compensation for extracurricular participation in work activities are prescribed in local act- collective agreement. If such a clause is introduced, it is advisable not to deviate from its text.
The law recognizes both forms of compensation as equivalent (there are exceptions). Therefore, the employee is given the right to choose any one at his own discretion.
We arrange work on weekends and holidays
Documentary evidence of the employee’s consent should not raise doubts among regulatory authorities. Registration of work on a holiday begins with receiving a person’s application.
Consent must go through all the stages of a regular personnel application:
- receive a resolution from the boss: “To the order”;
- go to the personnel department to prepare a draft administrative document;
- return to the manager for signature;
- register in the appropriate journal;
- copies of the document are sent to:
- to accounting;
- into the employee's personal file.
In addition to the usual, the administrative document contains the following data:
- the reason for attracting the employee to work after hours;
- list of specialists in the format:
- job title;
- date of entry into service;
- compensation conditions:
- double pay;
- or providing time off at a convenient time;
- base:
- consent of the worker;
- collective agreement (if there is a corresponding clause);
- permission of the trade union organization;
- warning about the possibility of refusal (for some categories).
Procedure for calculating wages
The accountant is obliged to strictly adhere to the instructions of the manager. This means that he calculates the payment based on the order:
- If compensation is paid on time off, then the calculation method for a regular working day is used.
- If double payment is indicated, then it is necessary to proceed from the tariff method used for this employee.
Standard operating mode
If employee earnings are calculated based on a rate, then the following actions must be performed:
- determine the average hourly wage based on the data of the current month;
- calculate the weekend salary using:
- double the rate;
- a set number of hours of participation in the production process.
Example
The storekeeper is involved in servicing factory workers on their days off. To calculate the payment amount, the following data should be taken into account:
- salary 18,000.0 rub.;
- number of working days in a month - 20.
The calculation is:
- We determine the average earnings per hour:
- 18,000.0 rub. / 20 days / 8 hours = 112.5 rub.
- Credits for Saturday service:
- 112.5 rub. x 2×8 hours = 1,800.0 rub.
Shift work schedule
Calculation difficulties for shift workers lie in the fact that they work an unequal number of hours on normal days. This fact should be taken into account when determining the amount of compensation.
The accountant should perform the following operations:
- determine the number of hours of employment per month when working outside of school hours;
- calculate the average hourly rate;
- apply it for the period of after-hours employment, doubling it.
Example
A packer working 12-hour shifts (every two days) had to be brought in to replace a sick colleague. When determining compensation, the following data was used:
- salary - 15,000.0 rub.;
- the number of hours of work in the current month is 192.
Calculation order:
- hourly payment:
- RUB 15,000.0 / 192 hours = 78,125 rubles;
- double rate:
- RUR 78,125 x 2 = 156.25 rubles;
- Earned for extracurricular shifts:
- 156.25 rub. x 12 hours = 1,875.0 rub.;
- monthly earnings:
- 15000.0 rub. + 1,875.0 rub. = 16,875.0 rub.
The nuances of payment on a business trip
When arranging a worker’s business trip, the following features should be taken into account, as set out in government decree No. 749:
- The administrative document must indicate that the employee is subject to the work regime of the receiving party.
- Travel allowances are calculated from the date of departure. If the travel time falls on the weekend, then a double rate is applied or time off is provided.
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Who should not be hired to work on holidays/weekends?
The Labor Code contains a list of persons who are prohibited from being involved in performing duties outside of school hours. These include:
- pregnant women;
- minors.
Such a prohibition means that these employees cannot be involved even if their consent is obtained. Consequently, they will have to be replaced by colleagues.
In addition, the legislation provides a list of persons for whom a slightly different procedure is applied. These include:
All of the above-mentioned persons must be warned about the possibility of refusing to work on days off (paragraphs 153 and 259 of the Labor Code). This is done in writing:
- It is necessary to prepare a notification form indicating:
- Full name and position of the employee;
- the opportunity to refuse to go to work outside of school hours with reference to articles of legislation;
- familiarize the employee with the document and sign it.
The legislation specifies situations in the event of which employees cannot refuse employment during off-hour periods (3rd part of paragraph 113 of the Labor Code). They are: 
