The employee worked on holidays. Order to work on a day off: sample

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 moment 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 tariff rate 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 financial compensation turns out to be more profitable than additional time off. It is important, however, that the amount of compensation is calculated correctly, especially when it comes to hourly pay. Question about working on weekends shift schedule is also topical.

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. Working norm in this case 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 in this case his earnings will be equal to his full salary plus one day of compensation. If an employee has expressed a desire to take time off in September, then in both August and September he will have full wage 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.

According to Art. 113 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is prohibited. However, this legal norm has a number of exceptions that make it possible to attract an employee to work on a weekend or holiday in certain cases and subject to a number of conditions. Let's take a closer look.

On non-working holidays the following are allowed:

— 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;

— urgent repair and loading and unloading work.

It should be noted right away that there are categories of workers who are strictly prohibited from being hired to work on weekends and non-working holidays, even if they have expressed their consent. This:

— pregnant women (Article 259 of the Labor Code of the Russian Federation);

- workers under the age of 18, with the exception of creative employees of the media, cinematography organizations, as well as television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and performance of works (Article 268 of the Labor Code RF).

You also need to take into account that hiring on weekends and non-working holidays:

— disabled people;

- women with children under 3 years of age are allowed only if this is not prohibited for them for health reasons in accordance with a medical report. At the same time, they must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday (Article 113 of the Labor Code of the Russian Federation).

Similar legal requirements are also established:

- for mothers and fathers raising children under 5 years of age without a spouse;

— in relation to employees with disabled children;

- in relation to employees caring for sick members of their families in accordance with a medical report (Article 259 of the Labor Code of the Russian Federation).

Weekends and non-working holidays

Days off (weekly uninterrupted rest) must be provided to all employees. With a five-day work week, two days off are given per week; with a six-day week, there is 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. In this case, both days off are provided, as a rule, in a row (Article 111 of the Labor Code of the Russian Federation).

If suspension of work on weekends is impossible due to production, technical and organizational conditions(shift work; work performed on a rotational basis), then days off can be granted on different days of the week in accordance with internal labor regulations. In this case, employees should also be involved in work on their non-working days in accordance with the requirements of Art. 113 of the Labor Code of the Russian Federation, i.e. how to work on weekends.

Non-working holidays are listed in Art. 112 Labor Code of the Russian Federation.

Reasons for hiring

Employees are involved in work on weekends and non-working holidays if it is necessary to perform unforeseen work, the urgent implementation of which subsequently determines the normal operation of the organization as a whole or its individual structural divisions, individual entrepreneur(Article 113 of the Labor Code of the Russian Federation). Here, the written consent of the employees is sufficient.

But in other cases, the employer is obliged to take into account the opinion of the elected trade union body. If the organization has not created one, the employer makes the decision to work on such days independently.

Exception from general rule established for creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, as well as professional athletes. The involvement of this category of workers is permitted in the manner established by collective agreements, local regulations and employment contracts.

In addition, it is allowed to attract employees to work on weekends and non-working holidays without their consent 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.

Please note that involvement in such work is only possible in situations that threaten the life or normal living conditions of the entire population or part of it.

Employer's actions

Based on Art. 113 of the Labor Code of the Russian Federation, the involvement of employees in work on weekends and non-working holidays is carried out by written order of the employer. Such a decision has the right to be made only by an authorized person: the head of the organization or a person specially vested with such right in the manner established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments , constituent documents of the employing organization and local regulations (Part 6 of Article 20 of the Labor Code of the Russian Federation).

But so that this authorized person can decide on the need to involve an employee in work, usually in practice a report/memo is drawn up in his name from the immediate supervisor of the employees who need to be involved in work.

Such a document must contain not only a list of involved workers and deadlines, but also circumstances justifying the need to perform work on a weekend or non-working holiday (industrial accident, industrial accident, the need to perform unforeseen work, etc.).

An employee’s written consent to work on a day off or a non-working holiday can be obtained in several ways:

- in the form of an application;

— by putting a mark on familiarization and consent to being hired to work on a weekend or non-working holiday on a report/service note;

— by placing a mark on familiarization and consent to being hired to work on a weekend or non-working holiday on the notice of the need to work on such a day.

If employees are not familiar with the report/service memorandum on recruitment to work and have not expressed consent or belong to the category of persons who must be informed by signature of their right to refuse work on a day off or a non-working holiday (disabled people, women with children under the age of 3 years, etc.), then, based on a note with the manager’s resolution, it is necessary to prepare written notifications, which include information about the employee’s rights, indicating possible options for compensation for work on a day off or a non-working holiday.

Involvement of employees to work on a day off or a non-working holiday is formalized by an order (instruction) of the employer for personnel in free form, developed by the employer. The basis for preparing the order will be a report/service note, as well as other documents confirming the written consent of employees (personal statements of employees, notices of recruitment).

If unforeseen situations arise that may adversely affect people or the production process, we recommend issuing an order for the company’s core activities, which will regulate actions to eliminate or eliminate the possibility of negative factors arising.

Please note that despite the fact that the legislation of the Russian Federation does not determine at what point in time a written order of the employer must be issued, in any case, based on the meaning of Art. 113 of the Labor Code of the Russian Federation, all documents on engaging an employee to work on a day off must be prepared in advance, before the start of work on his day off, and not on the working day following the day off. Therefore, an order to hire employees to work on weekends and non-working holidays cannot be issued later than the date on which the employees were actually hired to work.

To summarize, we can draw several conclusions:

1. The report/service note may contain the signatures of employees confirming their familiarization with and consent to being hired to work on weekends or non-working holidays. In this case, there is no need to request statements from employees confirming their consent to being hired and to send them notices of hiring.

2. For categories of employees who must be made aware of the right to refuse to work on a day off or a non-working holiday against a signature, notifications about inviting employees to work on a day off or a non-working holiday must be made to inform them of this right. Employees can record their consent or refusal both in the notification itself and in the form of a separate application addressed to the head of the company.

3. If, on the basis of Art. 113 of the Labor Code of the Russian Federation allows employees to be recruited to work without their consent, so requesting written consent is not required. The exceptions are disabled people, women with children under 3 years of age, mothers and fathers raising children under 5 years of age without a spouse, workers with disabled children and caring for sick family members in accordance with a medical report. Moreover, they have the right to refuse this work, since the legislation of the Russian Federation does not provide for any exceptions that limit their right. And such a refusal cannot serve as a basis for bringing the employee to disciplinary liability.

4. If, for health reasons, in accordance with a medical report, it is prohibited for disabled people and women with children under 3 years of age to be employed on weekends and non-working holidays, then they automatically fall into the category of workers (pregnant women and minors), who cannot be involved in such work, even if they agree.

5. If it is not necessary to obtain the written consent of employees, then it is possible not to send notifications to employees provided that they have read the report/memorandum or order (instruction) of the manager regulating actions to eliminate or eliminate the possibility of negative factors arising, where deadlines are indicated and employees are listed, hired to work on weekends and non-working holidays.

6. If an employee is nevertheless brought to work on a day off without issuing a written order/instruction from the employer and without obtaining the written consent of the employee, then the employer will be held administratively liable (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Salary

Work on weekends and non-working holidays is considered work under conditions deviating from normal ones, which means that the employee is paid accordingly for such work (Article 149 of the Labor Code of the Russian Federation).

According to Art. 153 of the Labor Code of the Russian Federation, work on weekends and non-working holidays must be paid at least double the amount. If employees, as part of shift work, have a shift that falls on a holiday, no special registration is required, but payment must also be made at an increased rate:

- 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.

Salaried employees should be paid for work on a day off in the amount of at least a single daily or hourly rate in addition to their salary, if the work was carried out within the monthly working hours. If the monthly norm is exceeded - in the amount of at least double the daily or hourly rate per day or hour in excess of the salary.

In addition, 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.

Thus, the law provides for two options for compensation for work on weekends or non-working holidays. Therefore, the employee has the right to choose how such work will be rewarded.

To avoid future labor disputes with employees, it is advisable to request from them a written decision on how they should be compensated for such work.

Suppose we need to notify writing about hiring S.V. Petrov and G.D. Sidorov to work on a day off. We write in the notice: “...Based on Art. 153 of the Labor Code of the Russian Federation, work on a day off can be paid double or another day of rest can be provided. In this case, work on a day off or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment...”

Both employees must disclose how they may be compensated for this work. Let us remind you: an employee can indicate his desire (double payment or another day of rest) in a written statement or make an entry directly in a report/memorandum or in a notification. In this case, written confirmation of the choice of compensation will subsequently avoid misunderstandings and labor disputes.

In this case, all responsible employees listed in the order must be familiarized with it under their personal signature.

For your information. Please note that an employer’s violation of the procedure established by law for attracting employees to work on a day off or a non-working holiday (lack of a written order or failure to receive the employee’s written consent) cannot be grounds for depriving them of wages guaranteed by the legislation of the Russian Federation for such work.

The employer must be guided by the requirements of the labor legislation of the Russian Federation in terms of minimum wages, i.e. payment for such work is made in amounts not lower than those established by the Labor Code of the Russian Federation, but this does not mean that the employer cannot provide in the collective agreement, local regulations (internal rules) labor regulations, regulations on wages, etc.) more tall size payment.

Providing a day of rest

When choosing a form of compensation for work on weekends and non-working holidays, each employee decides for himself what is more profitable for him. Let's say an employee was planning some events for the weekend, but he was invited to work and he agreed. But what was planned then remains unachieved, so he needs another day off for this. And if there are no plans for a day off and the employee is ready not to rest, then he chooses to be paid double and is left without a legal day off. It turns out that instead of a day off, he worked on some day and chose to receive payment not in double amount, but in single amount. But instead of this day off, which he was entitled to by law, he decided to rest on another day - the one that is a working day for him, i.e., he thereby moved his day off to another day. According to Art. 153 of the Labor Code of the Russian Federation, it is not paid.

If the employee requires an additional day of rest, he must agree with the employer on a date that is acceptable to both parties. This can be any working day or such a day can be added to vacation.

In the situation of providing another day of rest in the current month, employers often have a question: “Will the standard working hours and the employee’s wages for this month change due to the fact that the day of rest is not subject to payment?” A commentary on this issue is contained in the Letter of Rostrud dated 02/18/2013 N PG/992-6-1. Thus, according to the general rules, when calculating the norm of working hours for the accounting period, the time during which the employee was released from work is excluded. labor responsibilities. As officials note, the day of rest provided in accordance with Art. 153 of the Labor Code of the Russian Federation, should be excluded from the working time norm. Thus, if an employee chooses a day of rest, work on a weekend or non-working day is paid in a single amount, and wages in the month when the day of rest is used are paid in full.

When analyzing the text of the Letter, the answer to the question posed earlier is clearly visible. Since the employee asks for a day of rest in the same month when he is involved in work on his day off, therefore, taking into account the transfer of a day off paid in a single amount, to another day the employee will work his full standard hours and receive wages in full volume.

If we consider the situation when a day of rest will be provided in the next month, then the norm of working time for the next month will be less, and the current one - accordingly, more by one day off, paid at a single rate.

In any case, when an employee chooses the option of providing another day of rest, “NV” is marked on the working time sheet and this day is not paid.

Example 6. In September 2014, 22 working days (176 people/hour in a 40-hour work week), the employee worked on his day off on September 14 (8 people/hour) and rested instead on September 15 (8 people/hour), accordingly: 22 working days (176 people/hour) plus 1 day off (8 hours) minus 1 day of rest (8 people/hour) equals 22 working days (176 people/hour). The norm remained unchanged.

Consequently, we can clearly see that in a month when an employee was involved in work on a day off and chose to be paid in a single amount plus a day of rest, the norm of working days is maintained by working on a day off and providing rest on another day instead.

Example 7. In September 2014, 22 working days (176 people/hour). The employee worked on his day off on September 14 (8 people/hour) and rested instead the next month - October 6, 2014 (8 people/hour). In October 2014, the standard working time was 23 working days (184 people/hour).

Calculation: 22 working days worked (176 people/hour) plus 1 day off (8 people/hour) ultimately equals 24 days actually worked (184 people/hour), which, of course, exceeded the standard working time in September 2014. In November, with a standard working time of 23 working days (184 people/hour) minus 1 day of rest used by the employee (8 people/hour), in fact the number of days worked by the employee was 22 working days (176 people/hour). Therefore, the standard working time when using extra day rest in another month decreased.

Taking the total of two months (September and October 2014), we get a working time balance of 45 working days (360 people/hour).

However, as practice shows, some employers, misunderstanding the above principle, take time off applications from employees for time previously worked and, recording working hours in the time sheet, pay for them. Firstly, it should be noted that the concept of “time off” is not provided for by the labor legislation of the Russian Federation. And secondly, such actions without issuing an order (instruction) can lead to negative consequences for the employer, because if an accident occurs with an employee on such days, the employer will have nothing to confirm the reason for his absence from the workplace.

Letter of the Ministry of Labor of Russia dated 03/11/2013 N 14-2/3019144-1157 can also serve as confirmation of the correctness of the given examples for calculating working hours and remuneration of employees receiving a salary.

Please note: an employee can be involved in work not only for a full working day, but also for part of it (for example, 4 hours), which must be reflected in the order (instruction) of the employer. However, regardless of the number of hours worked on a day off, the employee must be given a full day of rest that does not involve work on that day (Letter of Rostrud dated March 17, 2010 N 731-6-1).

Reflection in the time sheet

In accordance with Art. 9 Federal Law dated 06.12.2011 N 402-FZ “On Accounting”, all business transactions carried out by an organization must be documented with supporting documents. The primary document confirming the implementation labor function according to the contract, is a time sheet. Therefore, the employer is obliged to keep records of the time actually worked by each employee and to record in the time sheet the attendance at work on weekends or non-working holidays.

Since 2013, organizations may not use the unified forms N N T-12 or T-13, but develop their own report card form and approve it in the organization’s accounting policies. But in any case, there must be a report card, because in its absence, the tax authorities will exclude your labor costs from expenses, since they will consider them undocumented.

And if any violations related to incorrect filling out of the time sheet are detected during inspections labor inspectorate Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability.

Symbols of worked and unworked time that can be used in the time sheet:

“RW” - payment for work on a day off;

“I” – showing up for work;

"B" - day off;

“NV” is an unpaid day off.

Thus, it is possible to attract employees to work on weekends or non-working holidays, but certain conditions must be observed and the established procedure must be followed. Moreover, work on rest days should not be systematic and can occur from time to time (episodically), if it is necessary to perform unforeseen tasks in advance. If in continuously operating organizations such work is carried out regularly, then it is advisable to review the work schedule (as an option, establish shift work).

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

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

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

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

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

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

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

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

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

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

Payment for work on a day off: Labor Code

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

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

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

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

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

If a day off or holiday is not fully worked

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

Instead of double pay - a day off

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

Work on weekends or holidays with a shift schedule

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

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

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

Constitutional Court on pay for work on a day off

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

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

What is written in the Labor Code...

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

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

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

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

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

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

Let's explain these rules using simple examples.

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

What is overtime work

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

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

Restrictions on overtime work

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

Overtime pay

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

Continuation of Example 3

Continuation of Example 4

Continuation of Example 2

Payment on weekends

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

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

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

Are overtime and weekend work the same thing?

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

Part 5 of Article 99 of the Labor Code of the Russian Federation states that overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year. Agree when we read the first half this proposal, we assume that working on weekends and working overtime are completely different things. And the rule according to which an employee must work no more than 4 hours for 2 days in a row has nothing to do with weekends. After all, an employee usually works on Saturday or Sunday for 8 hours. But when we read the second half of the sentence (overtime should not exceed 120 hours per year for each employee), most of us proceed from the diametrically opposite premise, according to which overtime and working on weekends are the same thing. And 120 hours includes work on weekends. What guides us in doing this? Common sense! Although, in order to consider ourselves absolutely right in this situation, part 5 of Article 99 of the Labor Code of the Russian Federation should have been formulated as follows: overtime work should not exceed four hours for each employee for two days (if we are talking about working days) in a row and 120 hours per year.

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

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

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

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

Because judicial practice There is no application of this article, nor is there any explanation on this issue; it is impossible to say which side is absolutely right. After all, the legislation here can be turned in one direction or the other. In addition, it is not clear: if the extra 5 hours were regarded as overtime, why this was not classified as an offense, because, in accordance with Article 99 of the Labor Code of the Russian Federation, overtime work should not exceed four hours for each employee for two days in a row. Well, on my own behalf, I can advise: to prevent such disputes with the labor inspectorate from arising, do not force an employee to work on a day off longer than the normal working hours on weekdays.

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

Document fragment

Article 104 of the Labor Code of the Russian Federation “Summarized recording of working time” In organizations or when performing certain types of work, where, due to production (work) conditions, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized recording of working time so that the working time for the accounting period (month) , quarter and others) did not exceed the normal number of working hours. The accounting period cannot exceed one year. The procedure for introducing summarized recording of working time is established by the internal labor regulations of the organization.

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

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

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

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

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

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

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