Weekend work is prohibited. Holiday payment

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Article 153 of the Labor Code of the Russian Federation with comments and changes for 2016-2017.

Commentary on Article 153 of the Labor Code of the Russian Federation:

1. Article 153 of the Labor Code of the Russian Federation provides that specific amounts of remuneration for work on weekends and non-working holidays are established in a collective agreement, a local regulatory act, an employment contract. This provision emphasizes that the dimensions established by the commented article are minimal. They can be increased by agreement of the parties to the social partnership or the parties to the employment contract. This can also be done in a local regulatory act, which in this case should be adopted taking into account the opinion of the representative body of workers.

2. Work on a weekend or non-working holiday (see commentary to article 113) must be compensated. At the choice of the employee, this can be either an increased payment in the amount provided for by the collective agreement, local regulatory act, labor contract (and if this issue is not resolved in them, in the amount specified in the article), or the provision of an additional day of rest.

3. As a general rule, the rest day is not subject to payment, however, in a collective agreement, a local regulatory act, an employment contract, more favorable rules for employees may be established.

The time of using the day of rest is determined by agreement of the parties.

4. It is generally accepted that for creative workers and professional athletes there are special rules for paying for work on weekends and non-working holidays, but this is not entirely true. Part one of Article 153 of the Labor Code of the Russian Federation establishes the minimum amount of payment, which under no circumstances can be reduced. Part two for all employees establishes the same procedure for determining specific wages for work on a non-working day, as for creative workers - in a collective agreement, a local regulatory act, an employment contract. The only difference is that for all employees, except for creative ones, the local normative act is adopted taking into account the representative body of employees, if it is created (Article 8 of the Labor Code), and for creative ones - solely by the employer.

The list of professions of creative workers has not yet been approved.

Breaks at work. Weekends and non-working holidays

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

See Encyclopedias and other comments on article 113 of the Labor Code of the Russian Federation

Work on weekends and non-working holidays is prohibited, with the exception of cases provided for by this Code.

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

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

Read also: Dismissal to the reserve of conscripts

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 property of the employer, 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 situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it.

Engagement to work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations, is allowed in the manner established by the collective agreement, local regulation, employment contract.

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

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

Engaging disabled persons, women with children under the age of three to work on weekends and non-working holidays is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.

Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

Work on a weekend or non-working holiday is paid at least twice the amount:

pieceworkers - at least at double piecework 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) for a day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double 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 norm of working time.

Specific amounts of remuneration for work on a weekend or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Remuneration for work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be determined on the basis of a collective agreement, a local regulatory act, labor contract.

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

(see text in previous edition)

Registration and payment of work on weekends and non-working holidays

Activities on non-working days are prohibited by Russian law. But every rule contains exceptions.

It is possible to involve citizens in the labor process on weekends with their written consent in the event that an organization has unforeseen work in advance, the failure to perform which may adversely affect its activities in the future.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and for free !

Nuances of the Labor Code of the Russian Federation

Without the consent of employees, it is possible to involve them in work in 3 cases:

To prevent accidents and natural disasters.
To eliminate accidents and destruction of the property of the employer.
To work in a state of emergency or martial law, etc.

Read also: Letter of resignation at will

Attracting to work on weekends servants of creative professions is carried out in accordance with the list approved by the Government of the Russian Federation.

Article 113 of the Labor Code prohibits the use of such labor by disabled people and women with children under 3 years of age whose health condition is unsatisfactory (according to a doctor's opinion). Therefore, these categories of persons must be notified of the possibility of waiving the obligation to work on non-working days.

The Labor Code enshrines the obligation of the employer to pay double the amount of weekend work. in particular:

piecework workers - according to double norms;
persons whose wages are calculated by hours and days - at double tariff rates;
employees whose salary is calculated on the basis of the established salary - at least the daily rate (in the case of labor within the monthly standard) and at least twice the daily rate (in the case of labor activity exceeding the monthly standard).

The Labor Code of the Russian Federation provides for the establishment of certain amounts of remuneration for the conditions under consideration by collective and labor contracts. as well as other local acts of the organization.

At the written request of the employee who worked on the weekend, the employer may provide him additional day off. In this case, the remuneration is paid according to the following scheme: the amount of payment for the non-working day worked is calculated in the usual amount, and the day of rest is not paid.

You can learn more about all the nuances of such a process from the following video:

Compensation calculation

On piece-rate payment

The driver Nikolaev N. receives 150 rubles for each trip. In the reporting month, he made 190 trips. Nikolaev was brought to work on 2 days off, during which he made 20 trips. Determine the amount of his salary for the past month:

(190-20) * 150 \u003d 25,500 rubles;
20*150*2=6,000 rubles.

The total salary of Nikolaev will be 31,500 rubles.

With hourly pay

Locksmith Kirillov G. worked 130 hours a month, including 8 hours on Sunday. The hourly rate of a locksmith is 250 rubles. Let's determine the amount of Kirillov's salary for the past month:

The total salary will be 34,500 rubles.

At daily rate

Painter Stepanov P. worked 20 working days per month, including 2 days on holidays. Daily rate - 2000 rubles. Determine the amount of wages for the past month:

The amount to be paid to Stepanov is 44,000 rubles.

With the salary system (exceeding the established norm of working hours)

Watchman L. Kopylov worked 150 hours, including 5 hours on a day off. His salary is 20,000 rubles. Taking into account that the standard working time in this case is 143 hours, and based on the conditions it is exceeded, the compensation for the day off is payable at double the rate.

Determine the hourly rate. There are 3 ways to calculate it:

the ratio of salary to the norm of working time according to the production calendar;
the ratio of salary to the norm of working hours according to the schedule of the employee;
the ratio of 12 salaries to the norm of working hours per year.

The legislation does not clearly regulate the method of calculation. We use method 3. There are 1974 hours in a 40-hour work week in 2016, so:

(20,000 rubles * 12 months) / 1974 hours \u003d 121.58 rubles / hour.

Holiday pay will be:

With a salary system (no excess of the established norm)

Technician Mashkina G. worked 143 hours, including 2 hours on a day off. Her salary is 15,000 rubles. Taking into account that the norm of working time in this case is 143 hours, and based on the conditions it does not exceed the standard, then compensation for work for the day off is subject to payment in the usual amount.

First you need to determine the hourly rate. It is calculated similarly to example 4:

15,000 rubles * 12 months / 1974 hours = 91.19 rubles / hour.

What is an act of admission to the production of work - see this article.

How to write an application for connection to electronic document management - read here.

Registration procedure

It is necessary to exclude persons who, in accordance with the Labor Code, cannot be involved in the output work process. These include:
- pregnant women;
- minors under the age of 18 (except for creative workers, whose categories are approved by the Government of the Russian Federation, as well as athletes).
Notifying employees in writing. It should contain information on the dates of entry to work of a certain person, indicating his full name, position, as well as the name of the structural unit in which the citizen will be recruited.
The letter is being drawn up in 2 copies- one for the employer with the employee's mark of familiarization, the other - for the employee himself. This document is subject to registration in the log of registration of notifications. In case of refusal of a person to familiarize, an act is drawn up.
Obtaining the consent of the employee to engage in work, which is drawn up in writing. This paper is not regulated by law, therefore, it can be drawn up in a simple written form.
Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note exactly what the order is the main document that serves as the basis for involving employees in such work. Therefore, it must contain information about the employee, days of going to work, as well as information about his familiarization with the document. Details of familiarization is located at the bottom of the order. The citizen puts his signature and date.
In order to avoid further disputes, it is recommended to include in the text of the paper information about the possibility to refuse such work. If you refuse to familiarize yourself with the document, it is recommended to record this fact in the act.
Registration of paper in the register of orders for personnel with further familiarization of all employees of the organization.
Marking data on work in the time sheet. Information in the time sheet is entered as follows: in the appropriate column opposite the name of the citizen, the code "BP" or "03" is indicated, the number of hours worked is entered.
Compensation for the corresponding work with monetary compensation or the provision of a day of rest.

Payment for work on a day off - Labor Code regulates this issue in Art. 153 of the Labor Code of the Russian Federation. Labor these days is prohibited by law and is possible only in exceptional situations. A special payment procedure is an additional guarantee of the right of workers to rest.

In what situations is it possible to work on weekends and non-working holidays?

Art. 113 of the Labor Code of the Russian Federation prohibits calling citizens to work on weekends and holidays. This is the basis that employers should be guided by. The purpose of this legislative provision is the full rest of workers and care for the health of citizens. Exceptions are allowed under the following conditions:

the consent of the employee;
taking into account the opinion of the trade union (if any);
the occurrence of urgent work, on the implementation of which the further activities of the company depend.

In some situations, the law allows employees to be called to work on weekends and without their consent. In particular, it is allowed to work on weekends, aimed at preventing an accident. It is also possible to call employees in order to prevent dangerous situations and loss of property. In a situation of emergency or martial law, a threat to the entire population of Russia or part of it, the employer can also attract employees on weekends without their consent. Exceptions to this rule are the disabled, pregnant women and employees with young children. The legislation gives them the right to refuse such work and sets an additional condition for recruiting on weekends and holidays: a medical report does not prohibit engaging an employee to work on these days.

When engaging employees to work on weekends, it is necessary to understand How is a day off paid according to the Labor Code. This is necessary for the fair calculation of salaries for employees called to work on weekends.

How is work on a day off paid according to the Labor Code of the Russian Federation?

Let's consider a question like payment for work on a holiday - Labor Code of the Russian Federation requires the employer to pay double (Article 153 of the Labor Code of the Russian Federation) or provide the employee with additional unpaid rest at another time. The employee can independently choose the appropriate compensation option.

Double pay on weekends- monetary compensation for the lack of proper rest. Features of the calculation depend on the system adopted in the organization and the amount of time worked . Payment on holidays according to the Labor Code(part 1 of article 153) is carried out as follows:

under the piecework system, the worker can claim payments at double rates;
in organizations where salaries are calculated at tariff rates, weekend pay according to the Labor Code produced at double rates;
employees who receive a salary on a monthly basis and have worked weekend hours within the monthly allowance may count on a single rate per day or hour as a supplement to their salary;
those who performed their labor functions on weekends more than the norm for a month can count on a double rate in excess of the salary.

Payment on a day off in a double amount in accordance with the internal acts of the organization

The employer can set the rules on his own. In doing so, he must comply with Art. 8 of the Labor Code of the Russian Federation, which prohibits worsening the situation of employees by local acts of a legal entity in comparison with federal legislation. Pay for work on a day off in such a situation, it can only be changed upwards, for example, the employer has the right to set pay at a triple rate or more.

In what cases is an additional day of rest granted for working on weekends?

Additional rest is another option for compensation for, provided for in Part 3 of Art. 153 of the Labor Code of the Russian Federation. The conditions for its provision are as follows:

As noted by Rostrud in the letter “On providing time off to an employee ...” dated 10/31/2008 No. 5917-T3, the duration of additional rest does not depend on the time that the employee actually worked on his day off. For example, an employee worked on January 2 for 3 hours. In this case, he is entitled to a full day off. An employee can claim time off in any month. The main thing is to write an application in advance with a request to provide additional rest instead of double payment for work on weekends and holidays.

After receiving an application from the employee to replace the double payment with an additional day of rest, an appropriate order is issued. It indicates the details of the parties, the grounds for granting time off and the date. Also, the employer can issue the provision of time off in the form of a resolution on the application.

We arrange work on weekends and holidays

Download order form

Ch. 8 Art. 113 of the Labor Code of the Russian Federation requires that employees be involved in work on weekends in writing. The decision is made by the employer based on the needs of the company and the characteristics of the labor process in the organization.

In large organizations, it is advisable for department heads to draw up a memorandum addressed to the head, consisting of names and positions, indicating the reasons for attracting employees to additional work. Subsequently, on the basis of the reports, the head decides on the advisability of calling employees to work on a day off.

The decision of the employer is issued in the form of an order. The legislation does not provide for a unified form of the order, therefore it is drawn up in accordance with the rules and norms of personnel records management adopted by the company. But in any case, the document must indicate:

purpose of working on weekends;
dates of additional labor;
Ways to compensate for weekend work.

Employees should be familiarized with the document in advance for signature.

Additional weekend pay according to the Labor Code 2015-2016 and strict engagement rules these days are important guarantees for employees to protect them from abuse by management and ensure they have a good rest. At the same time, it is important to remember that, unless otherwise provided by local acts of the organization, double weekend pay simultaneously with leave not allowed.

Work on a weekend or non-working holiday is paid at least twice the amount: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double 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 norm of working time. Specific amounts of remuneration for work on a weekend or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract. At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Remuneration for work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be determined on the basis of a collective agreement, a local regulatory act, labor contract.

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

Alexander Sidorkin

The topic of my question is: Taxes and accounting (HR department, tax deduction, reporting) Tomorrow at 10:00 - 11:00

Alla Mikhailova

Hello. in our organization, employees have salaries, with a bonus of 70% and additional payments (classiness, intensity ...) for work on New Year's holidays, payment should be charged: in a single amount from the salary, hours, taking into account additional payments and bonuses, and plus a single salary? Or just double the salary?

Question answered by phone

Ludmila Novikova

I work on a shift, am I entitled to double pay on New Year's holidays?

Question answered by phone

Anna Alekseeva

I am a civil servant ... do they have the right to involve me in work on weekends and holidays without my written consent .. thanks.

Question answered by phone

Vera Timofeeva

Weekend worked 4 hours. As a day off, 4 hours or 8 hours. Write the article number in the labor code.

Lawyer's response:
According to Art. 153 of the Labor Code of the Russian Federation, at the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. The above article does not establish that the duration of additional rest should correspond to the duration of work on a day off. Therefore, even if an employee worked only 1-3 hours on a day off, he should be given a full day of rest.

Petra Pavlova

quote article 153 of the labor code ... Please ...

Lawyer's response:
- Lawyer's response:
  You are somewhat lost in the text of Art. 154 of the Housing Code of the Russian Federation, although these texts are also quite clumsy ... Payment for the USE of residential premises is provided only for the tenant lived. premises. And lived for the owner. premises, a fee is provided for the maintenance and repair of the residential premises, INCLUDING a fee for services and work on the management of the MKD, maintenance and current repairs of common property in the MKD. This word "INCLUDING" is not very successful, because. the content of the living itself. the owner-occupied space is NOT actually included. This follows from the text of paragraph 29 of the "Rules for the maintenance of common property in an MKD ..." (approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491), which clearly states that "The costs of MAINTENANCE AND REPAIR OF THE RESIDENTIAL PREMISES are determined in the AMOUNT THAT ENSURES THE MAINTENANCE OF THE COMMON PROPERTY ..." And nothing more ... Therefore, the maintenance and repair of EVERYTHING in apartment (except risers) - these are the costs of only the owner. But if your payment documents (except for the maintenance and repair of common property) include (in a separate line and ADDITIONALLY) also "payment for residential premises", then this is a clear violation of the legislation of the Russian Federation. You have a direct road to the GZhI (and you can go to the prosecutor's office, and even to the court) Good luck.

Situations where employees work on weekends or holidays are a very common phenomenon.

So that the work of employees on official holidays does not bring problems to the organization, it is necessary to think over in detail the documentary basis for what is happening. Otherwise, disputes with colleagues are not ruled out, which may end in court.

According to Art. 112 of the Labor Code of the Russian Federation, in our country there are several days that are officially recognized as holidays. For going to work on his day off or holiday, the employee has the right to count on the usual day off or double compensation.

The same rules apply when working on weekends. For example, the agreement specifies a 5-day or 6-day work week, and the employee left on days 6 and 7, respectively.

The Right Motivation

In order to count on an employee on his legal day off, you must obtain the appropriate consent from him in advance. The presence of this paper is a guarantor of compliance by the employer with Art. 113 of the Labor Code of the Russian Federation (part 2). In addition, it will be required to draw up an order.

According to Art. 113 of the Labor Code of the Russian Federation (part 3), it is possible to oblige an employee to go on a day off without taking into account his opinion. Such cases include:

Liquidation of the happened catastrophe or prevention of possible.
Prevention of injuries at work.
Implementation of urgent work that arose due to the state of emergency.

Since such situations happen relatively rarely, the employer will still have to agree with the employee on all the nuances.

The company independently decides how to warn employees about upcoming changes in the work schedule. In this case, it is worth reporting their date, time and reasons. The text of the document necessarily mentions the possibility of receiving remuneration and other compensation (day off on any day, etc.).

The employee confirms his familiarization with the paper with a signature. It is necessary to clarify with him in advance about the preferred option for compensation. If the worker has not yet decided, he can do so in the future.

Persons under 18 years of age.
Single mothers with a disabled child.
Disabled people.
etc.

By signing the document, they confirm their awareness of the privileges they are entitled to.

Issuing an order

Occurs when the employer has the consent of all the workers required on the day off. Sometimes the employer does not issue this order in order to deprive employees of the due compensation in the future.

The plaintiff (he is also an employee) can prove in court the performance of labor duties on a day off without any problems. The testimonies of witnesses, any documents of the organization, etc. are used. The plaintiff usually wins.

In order not to tarnish the reputation of the organization, the leader should initially do everything right.

Types of compensation

The Labor Code guarantees an employee to receive one of two compensation options in case of violation of his right to rest.

Material

Not every employee knows how his work on weekends is paid according to the labor code. According to the legislation, an employee can count on double pay (Article 153 of the Labor Code of the Russian Federation). If the employee's salary is fixed, there are two options for calculating and paying compensation:

One daily or fixed rate per hour of overtime work. This method is applicable if the employee has not yet exceeded the monthly hourly rate.
Similar to the first, but the rate is doubled. It is applied in case of working out of the established norm or its excess.

It is as simple as possible to make a calculation if during the last month the employee did not have business trips, extra days off, sick days. Often, the cash payment prevails over the additional time off.

extra day off

Sometimes an employee prefers to take an additional day off instead of monetary compensation. You can choose a date immediately or write an application later. The day off can be in any convenient month. In the order about the chosen decision of the employee there will be a certain mark.

The employee receives a full day off, regardless of the amount of time unscheduled spent at the workplace.

After satisfying the application for additional time off, the employer issues an appropriate order. The employee must be familiarized with it against signature. At the same time, payment for the selected day remains as for a working day, since this day off is compensatory.

It is important to correctly record the absence of the worker at the workplace. Then, in case of any incidents during this period, the employer is released from liability for his employee.

The right to choose

Any of the enterprises in the event of unscheduled working days is obliged to offer employees all compensation options. Each of the workers has the right to choose the most preferable.

In practice, there is often the provision of additional days off. Moreover, this happens not at the request of the workers, but at the discretion of the management. This situation is especially relevant for employees of budgetary organizations. Leaves can be arranged as:

Additional days to the employee's main vacation.
Like an independent day off.

The worker has the right to choose the most acceptable option for himself.

Sometimes the contract prescribes the conditions under which compensation for work on weekends or holidays takes place. If the employer has indicated the established norms in advance, the employee is not entitled to demand another option for compensation.

When applying for a job, you should discuss all such subtleties with a potential employer in advance. This will help in the future to avoid conflict situations and infringement of someone's rights.

Holiday worknot the most joyful occupation for employees, and in order to motivate them, the employer can increase wages during this time. But at the legislative level, wages on holidays are also regulated, and the employer must take into account the established minimums.

What days are considered holidays

The days that the legislator recognizes as non-working holidays are listed in Art. 112 of the Labor Code of the Russian Federation: January 1-8, February 23, March 8, May 1 and 9, June 12 and November 4. At the same time, in certain territories, at the request of religious associations, other days can also be declared holidays.

Another thing to keep in mind is that public holidays can fall on weekends. In this case, the day off is transferred to the first working day after the holiday. Moreover, when calculating wages, you need to remember that it is the day off that is transferred, and the holiday payment falls on the date that is marked as red in the calendar.

Holiday pay for shift work

Issues of payment for work on holidays for all categories of employees are regulated by Art. 153 of the Labor Code of the Russian Federation - and shifters are no exception. The difference between shift work is that a holiday in this case is not additional work in excess of the norm, but a regular shift within the framework of the monthly schedule. It's just that the schedule was drawn up in such a way that someone got the job on the holiday.

However, the fact that work on a holiday was foreseen in advance, and was not the result of an emergency situation, does not mean that this should not affect the salary. As a general rule, work on a holiday is paid double, and for shift workers this rule is the same, only implemented a little differently.

For work on a public holiday, such an employee receives his/her daily/hourly rate (for regular work), plus at least one daily/hourly rate (for work on a holiday). The result is a double payout.

Payment for holidays with a shift work schedule is done something like this: Ivanov works 10 shifts a month with a salary of 30,000 rubles (the daily rate is 30,000 / 10 = 3,000 rubles), he worked all 10 shifts in a month, but one of them fell on a holiday. As a result, he receives his 30,000 rubles (monthly salary) + 3,000 rubles (daily rate) for work on a holiday - a total of 33,000 rubles.

Remuneration of employees working according to the standard schedule

All employees who work according to the standard schedule rest on holidays, because for them they are non-working. It is possible to call such an employee to work on a holiday only after a prior order from the management and only in emergency situations. Paid to go to work on a holiday, according to the same Art. 153 of the Labor Code of the Russian Federation, in double size.

For those employees who receive piecework wages, double piecework rates apply on a public holiday. For example: Ivanov receives 100 rubles for making 1 part, on a holiday he managed to make 10 parts. The payment for this will be 10 × 100 × 2 = 2000 rubles. On a normal day, he would have received only 1,000 rubles for the same amount of work done.

Employees who were called to work on a holiday, whose work is paid according to the daily / hourly wage rates, receive double the rate on that day. Also here it should be borne in mind that such a day should not have been counted as a working day in the month at all.

For example: Ivanov worked 21 days in a month where there were only 20 working days (that is, 1 day was a holiday) at a daily rate of 2,500 rubles. This means that for the holiday he is entitled to 2500 × 2 = 5000 rubles, and for the whole month - 20 × 2500 + 1 × 5000 = 55 000 rubles.

Night work on holidays and its payment

Another feature of working during the holidays is the fact that an employee can be involved in work at night. Here, when calculating wages, allowances are taken into account both for night time and for a holiday. In accordance with the Government Decree “On the minimum amount of wage increases for night work” No. 554 of July 22, 2008, the answer to the question of how work on holidays at night is paid is as follows: from 10 pm to 6 am, 20% is added to the hourly tariff rate.

Here again there are two options:

Those employees who went to work at night hours of a holiday according to the schedule (i.e., within the framework of the monthly labor norm) receive an additional payment of 100% for going to work on a holiday and an additional payment of 20% of the hourly rate for night time.
Those employees for whom work on a holiday was not scheduled receive a double tariff rate, taking into account the allowance for night time.

At the same time, it should be noted that 20% is just the minimum level of the allowance. The management of the enterprise may well make it even higher, fixing such a decision in a collective agreement and other local act.

Replacing pay with time off

Instead of receiving monetary compensation for working on a holiday, an employee has the right to take a day off. In this case, the holiday is paid as a normal day, doubling the payment is canceled, and the selected day is not paid.

The legislator has not regulated the procedure for choosing a day of rest instead of a worked holiday, but do not forget that the employee must notify the manager or accounting department of his choice before the end of the month (after all, by default, he will simply be charged double payment). In addition, the rest day itself must be agreed with the management.

Registration of work on holidays according to the schedule of 2017-2018

As mentioned above, if work on a holiday is caused by an emergency, then they are involved in it by written order of the head. This can be done, for example, in the form of an order, which is presented to the employee against signature. In this case, the signature under the order will simultaneously serve as confirmation of the employee's consent to go to work on a holiday. Although such consent may well be formalized in a separate statement.

An employee responsible for recording working hours uses a time sheet in the unified form T-13 (it is not mandatory from January 1, 2013, but continues to be used in most enterprises) to mark going to work on a holiday. The time sheet is a primary reporting document and is subsequently used for payroll.

Holiday processing

According to the rules of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day preceding the holiday is reduced by 1 hour. Thus, if an employee has to work a standard amount of time that day, then the last hour will be counted as overtime. Also, this hour will be considered overtime for employees working in shifts who, due to the specifics of their activities, cannot finish work earlier.

Compensation for this hour can be of two types:

In the form of providing additional rest time (for example, going to work one day an hour later).
In the form of monetary compensation, the amount of which is calculated as per hour of overtime work.

Overtime pay means that the worker receives one and a half hourly wages for the first two hours of overtime and double the rate for each subsequent hour.

Who can be called to work on weekends and holidays?

The rules of the article Art. 113 of the Labor Code of the Russian Federation regulates the procedure for engaging in work on a holiday. There are two ways to organize a workflow here:

Continuous production or 24/7 service. In such companies, the work of employees (all or only part of the team) is usually built on a shift basis.
A typical work schedule is when employees work five days a week, working eight hours each day. Although there may be options with a six-day week or an extended / shortened working day.

If an employee is arranged to work in shifts, then even before signing the employment contract, he is warned about the need to work on holidays, if so provided by the schedule.

For the rest of the employees, going to the workplace on a holiday is an exceptional situation, which is possible only after a written order from the management and obtaining the written consent of the employee himself.

IMPORTANT! Pregnant women and minors cannot be involved in work on public holidays. Women with children under the age of 3, disabled children of any age, as well as single mothers with children under 5 years of age can be asked to go to work on a holiday only if they have no medical contraindications for this.

For work on holidays, the employee is guaranteed to receive compensation. It can be expressed in the provision of time off instead of a worked holiday or in doubling wages for going to work. The management of the company can increase the amount of monetary compensation and offer the employee more pay. In this case, the corresponding procedure for calculating salaries on holidays should be fixed in the local act of the company. But what days are considered holidays in the state is established only at the legislative level.