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Non-working holidays in the Russian Federation are established. Non-working holidays

Introduction……………………………………………………………………..…….2

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation………...3

1.1. Features of the legal regulation of weekends and non-working holidays …………………………………………………...3

1.2. Cases of involving employees to work on weekends and (or) non-working holidays ……………………………….……...11

1.3. Rules for attracting and formalizing engagement to work on weekends and (or) non-working holidays ………………… 17

1.4. Pay on weekends and (or) holidays …………….20

Conclusion………………………………………………………………………….24

List of legal acts and literature…………………………...26

Introduction

Rest time - the time during which the employee is free from performance job duties and which he may use as he pleases. But Article 113 of the Labor Code of the Russian Federation provides for cases when the employer has the right to involve employees in work on weekends and non-working holidays. These cases are the subject of my term paper.

The purpose of writing a term paper is to conduct comprehensive research issues of legal regulation of rest time under Russian law.

The achievement of this goal is facilitated by the solution of the following tasks:

Determination of the general theoretical provisions of weekends and non-working holidays in accordance with the Labor Code of the Russian Federation;

Analysis of the procedure for remuneration on weekends and non-working holidays;

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation.

1.1. Features of the legal regulation of weekends and non-working holidays.

Weekends are a form of rest time. Their hallmark is that they are provided to employees for uninterrupted rest between working days.

The concept of "rest" in this case in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do what they wish, or, in other words, free time. international organization(ILO) drew the attention of employers in its early years to the fact that a well-directed use of leisure time, by enabling workers to pursue more diverse interests and by providing a break from the stress of daily work, can increase productivity and output, and thus can contribute to getting the most out of the working day.

In Russian legislation, the regulator of working hours during the week is article 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest for all employees.

The duration of the working week is provided for by the working hours and is established by the collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Sunday is proclaimed part of the second article 111 of the Labor Code of the Russian Federation as a general day off. Moreover, the second day off with a 5-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, however, other options are possible, since part two of Article 111 of the Labor Code of the Russian Federation provides that both days off, “usually ", are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with uninterrupted leisure time “to the extent possible”, employers are left with the choice of establishing days off, taking into account the requirements of various sectors of the economy, local customs and the differing abilities and skills of various groups of workers. This principle was reproduced in the third part of Article 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide employees with days off on different days of the week in turn to each group of employees in accordance with the rules of the internal labor organization schedule.

According to article 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. Legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social well-being of workers. After all, the lack of free time may ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activity of the state. In addition, the very size of the minimum period of uninterrupted free time reflects not only the social side labor activity, but also the level of economic development of society - in developed countries it is more, and in developing countries it is less.

The beginning of the period specified in Article 110 of the Labor Code of the Russian Federation is calculated from the moment the employee finishes work on the last day of the calendar or working week (when working according to the shift schedule), and the end, respectively, from the moment he enters work on the first day of the new calendar or working week.

By the way, it is precisely for the purposes of complying with the established standard of time for weekly rest that part three of Article 95 of the Code establishes a limit on the duration of work on the eve of days off with a 6-day working week - no more than 5 hours.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Holidays”, in others, holidays are introduced and canceled by separate acts (for each specific day), in third - holidays are established by general regulatory legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by article 112 of the Labor Code of the Russian Federation. After making changes to it federal law dated December 29, 2004 No. 201-FZ, non-working holidays in the Russian Federation are:

Without going into an analysis of the legitimacy of these holidays from the point of view of the correspondence of the above articles of the Constitution of the Russian Federation and articles 5, 6 and 112 of the Labor Code of the Russian Federation, we note that article 112 of our main Code is festive non-working days are not exhausted.

According to the second part of Article 112 of the Labor Code of the Russian Federation, if a non-working holiday falls on a day off, then the day off is transferred to the next working day after the holiday.

Here it is necessary to pay attention that for public holidays, which are established by the legislation of the constituent entities of the Russian Federation, the legislative acts introducing these holidays provide for a similar transfer procedure: if the day off and holidays coincide, the day off is transferred to the next working day after the holiday.

The clarification, in particular, provides that the transfer of days off coinciding with holidays is carried out in organizations that use different work and rest regimes, in which work is not performed on holidays. This equally applies to work modes with both constant days of the week fixed on the days of the week, and with sliding days of rest.

For work and rest regimes that provide for work on holidays (for example, in continuously operating organizations or related to daily public services, round-the-clock duty, etc.), this provision on the postponement of days off does not apply.

In addition to the automatic transfer of days off, part five of Article 112 of the Labor Code of the Russian Federation provides that in order to rational use employees of weekends and non-working holidays The Government of the Russian Federation has the right to transfer days off to other days. A draft resolution on such a transfer is being prepared by the Russian Ministry of Health and Social Development. The Government of the Russian Federation considers it and either accepts the proposals of the Ministry and issues a resolution, or edits them.

In practice, the decision to postpone the day off is made by the Government of the Russian Federation when 1 working day is formed between the holiday and the day off and it is required to choose: in which direction to shift the uninterrupted rest of employees - i.e. start it already from the holidays or only from the weekend. For example, by Decree of the Government of the Russian Federation of December 27, 2004 No. 845 “On the transfer of a day off in 2005”, this year the day off from Saturday March 5 was moved to Monday March 7.

Here it is also necessary to pay attention to the Clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 “On the duration of work on a day off, transferred to a working day due to a holiday” (approved by the Resolution of the Ministry of Labor of Russia dated February 25, 1994 No. 19), according to which “in those cases when, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day on which the day off is transferred.

The duration of work on the eve of the holiday is not reduced in the cases established by the second part of Article 95 of the Labor Code of the Russian Federation. So, in a continuously operating organization, this is impossible due to the fact that with a decrease in the duration of work of one employee, the duration of another (shifter) increases, for the reason that the labor function of an employee cannot be terminated by specifications(for example, the driver cannot stop the train). Can't finish an hour early certain types works (for example, when the technological cycle of manufacturing products necessitates the presence of an employee at the workplace for a strictly established time).

From the first part of Article 152 of the Labor Code of the Russian Federation, it follows that the employer, when deciding on compensation for overtime, must pay or offer the employee the provision of additional rest time, and Article 95 of the Code, on the contrary, that he, without consulting the employee, must compensate for overtime by providing additional rest time , but to pay for processing, he will need the consent of the employee. Since article 95 of the Labor Code of the Russian Federation is prevailing to resolve the issue of compensation for processing on the pre-holiday day, employers should be guided by its norms.

The employer can obtain the employee's consent to "paid" compensation immediately before payroll. The amount of compensation is determined in the manner prescribed by part one of Article 152 of the Labor Code of the Russian Federation: overtime work is paid for the first 2 hours of work at least one and a half times, for subsequent hours - at least double the amount. What else the employer needs to think about on the eve of public holidays is the payment of wages. According to part eight of Article 136 of the Labor Code of the Russian Federation, if the day of payment coincides with a non-working holiday, payment of wages is made on the eve of this day. The transfer of payment of wages to post-holiday days is not provided for by law.

1.2. Cases of involving employees to work on weekends and (or) non-working holidays.

According to the first part of Article 113 of the Labor Code of the Russian Federation, work on weekends and public holidays is, as a rule, prohibited. At the same time, Article 113 of the Labor Code of the Russian Federation itself provides for exceptions to this general “rule”.

The first exception. According to the second part of Article 113 of the Labor Code of the Russian Federation, the involvement of employees to work on weekends and non-working holidays is carried out with their written consent in the following cases:

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

2) to prevent accidents, destruction or damage to property;

3) to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual divisions depends in the future.

The list of these cases is closed and is not subject to broad interpretation.

Judicial practice shows that in order to legally engage in work on a weekend and non-working holiday, it is not enough for the employer to simply indicate the relevant case: for each group of circumstances listed in the article 113 of the Code considered in part two, there are legally significant criteria that determine the possibility of such involvement .

These criteria in general view are:

a) the reality (reality) of the event, the consequences that have occurred, as well as the causal relationship between them;

b) the need for an urgent response from the employer;

c) the adequacy of the response to the current situation.

Let us consider each group of circumstances indicated in the second part of Article 113 of the Labor Code of the Russian Federation in detail.

1. Prevention of an industrial accident, catastrophe, elimination of the consequences of an industrial accident, catastrophe or natural disaster. This group cases consists of two independent subgroups:

1.1. Prevention of industrial accidents, catastrophes. For this subgroup, the necessary condition for recognizing the actions of the employer as lawful in attracting employees to work on a non-working day are:

a) the reality of the threat of an industrial accident or catastrophe;

b) the adequacy of the employer's response, that is, the effectiveness and appropriateness of the response chosen by the employer to eliminate this threat;

1.2. Elimination of the consequences of a production accident, catastrophe or natural disaster. In these cases, the employer must justify:

a) the reality (reality) of an industrial accident, catastrophe or natural disaster and the consequences that have occurred, as well as the causal relationship between them;

b) the need for an emergency response by the employer (i.e. the need to act immediately, for example, to prevent even greater negative consequences);

c) the adequacy of the response to the current situation (whether it was necessary to involve all the employees of the organization or, for example, it was possible to limit the use of only maintenance personnel).

2. Prevention of accidents, destruction or damage to property. For this group of cases, the legally significant conditions for attracting employees to work on weekends and (or) non-working holidays are:

a) objectivity (reality) of the threat of accidents, destruction or damage to property; b) the adequacy of the employer's response, that is, the effectiveness and expediency of the response method chosen by the employer to eliminate this threat.

For the cases specified in paragraphs 1 and 2, it must be borne in mind that under the prevention of accidents, catastrophes (as well as accidents), etc. is understood as a whole range of organizational or technical measures taken in advance and aimed at preventing the occurrence or minimizing the risk of the occurrence of these situations as much as possible, as well as at preserving the health and life of people, reducing the amount of damage to the environment. natural environment and material losses in case of their possible occurrence. This means that if a dispute arises in connection with the application of part two of Article 113 of the Labor Code of the Russian Federation, the actions of the employer to attract employees to work on weekends and (or) non-working holidays will also be assessed from this point of view. Based on this, an employer who, for example, on June 12, attracted all employees to perform their job duties due to a production accident that occurred in one of their workshops, will have to explain how the employees of the accounting department or the personnel training department eliminated the consequences of this accident.

3. The performance of unforeseen work in advance, on the urgent implementation of which the normal operation of the organization as a whole or its individual divisions depends in the future. This group of circumstances is most often arbitrarily interpreted by employers.

When engaging employees to work on a weekend and (or) non-working holiday for this reason, the employer must justify that:

a) the work to which he attracts workers could not be predicted and planned in advance, and, therefore, performed in advance;

b) the need for urgent execution of work became apparent only on the eve of a weekend or non-working holiday;

c) the normal work of the organization or its individual divisions depended on the immediacy of the execution of work.

The second exception. Part three of Article 113 of the Labor Code of the Russian Federation provides that it is allowed to involve creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, mass media, professional athletes to work on weekends and non-working holidays.

The third exception. Part four of Article 113 of the Labor Code of the Russian Federation provides that engagement to 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 trade union body of this organization. Thus, the employer can send employees to work on weekends and holidays in cases where it considers it appropriate and fulfills two conditions:

1) obtain the written consent of the employees;

2) hold preliminary consultations with the elected trade union body of the organization and take into account its opinion.

It follows that the involvement of workers in these types of work is not associated for the employer with additional actions - obtaining the written consent of the workers and taking into account the opinion of the elected trade union body. But at the same time, it cannot be said that in this case the employer is given the opportunity for arbitrariness and attracting all employees of the organization to work on holidays.

As already noted, part four of Article 112 of the Labor Code of the Russian Federation does not oblige employers to obtain the written consent of employees for each involvement of them in work on a non-working holiday. But still, they need to obtain consent in principle to involve employees in work on holidays, and such consent is formally obtained when hiring and concluding an employment contract. Having put his signature in the employment contract, which stipulates that the specifics of the work entrusted to the employee provides for work on weekends and non-working holidays in accordance with shift (work) schedules, the employee thereby gives his consent to work on holidays.

Despite the fact that the exception in question provides for the possibility of working on a non-working holiday for more simple rules, payment for such work must be made in the manner prescribed by Article 153 of the Labor Code of the Russian Federation.

1.3. Rules for attracting and processing attraction to work on weekends and (or) non-working holidays

Articles 112 and 113 of the Labor Code of the Russian Federation define the rules for attracting employees to work on weekends and non-working holidays.

Regardless of the circumstances in connection with which employees are involved in work on weekends and (or) non-working holidays, the employer is obliged to issue a written order (instruction). This follows from the sixth part of Article 113 of the Labor Code of the Russian Federation, according to which the involvement of employees to work on weekends and non-working holidays is carried out by the written order of the employer.

This requirement also applies to some cases specified in the fourth part of Article 112 of the Labor Code of the Russian Federation. If the procedure for attracting the main production personnel of continuous production organizations is defined in local regulations, then a specific list of employees working on weekends and non-working holidays is determined in work (shift) schedules.

As already noted, obtaining the written consent of the employee in the cases provided for by part four of Article 112 of the Labor Code of the Russian Federation is not provided for by the Code itself.

Based on the provisions of Article 113 of the Labor Code of the Russian Federation, the employer must:

a) obtain the written consent of employees to involve them in work on a weekend and (or) non-working holiday;

b) issue a written order (instruction) to involve employees in work on a day off and (or) non-working holiday.

Here, office work can be organized according to the following schemes:

Stage 1, the management (represented by the head of the organization) decides on the need to work on a day off and (or) a holiday non-working day. This decision can be communicated to the personnel department. different ways, for example, in the form of a separate order (instruction), which states the need and (or) a holiday, groups of personnel (and not a specific list of names) that should be involved in work are determined, and an order is given to obtain written consent from employees to work on a day off and/or holiday. Such an order (instruction) may contain conditions for remuneration for work on weekends and holidays;

Stage 2: the personnel service, based on the decision of the management, begins the procedure for obtaining the consent of employees to work on a day off and (or) a holiday. When compiling the lists of employees who need to be involved, it is necessary to single out those categories for which the legislation provides for certain guarantees. Written consent can be obtained from an employee in a variety of ways. The most common is that an employee submits an application for consent to be hired on a weekend and (or) non-working holiday. To facilitate this procedure, the personnel department can make template application forms in which employees will only need to indicate the date and sign.

Stage 3: on the basis of the written consent received to work on a weekend and (or) non-working holiday, the personnel department prepares a specific order, which contains an order to involve agreed employees to work on a weekend and (or) non-working holiday (a specific list is provided employees) and an order from the accounting department to pay for work on that day. It is desirable to formulate the first administrative paragraph of such an order as established in article 113 of the Labor Code of the Russian Federation.

It is possible to simplify the described procedure by omitting the 1st stage and immediately issue an order (instruction) to attract employees to work on a weekend and (or) non-working holiday. However, this does not exempt personnel officers from familiarizing employees with the order (instruction) and obtaining their written consent.

As for putting marks on familiarization with the order (instruction) on engagement to work on weekends and (or) non-working holidays directly in the text of the order (instruction), here one should take into account the position of state labor inspectors, which consists in the fact that marks about familiarization with the order (instruction) does not mean the consent of the employee to work on a holiday. If one employee is involved in work on a holiday non-working day, this issue can still be resolved by putting a mark in the order (instruction) by the employee, but not on familiarization, but on consent to work on a holiday.

1.4. Payment for non-working holidays.

Since January 1, 2005, Article 112 of the Labor Code of the Russian Federation has been applied in a new edition - with a new part three included in Article 112 by Federal Law No. 201-FZ of December 29, 2004.

According to the specified norm wage employees are not reduced due to non-working days”; “pieceworkers for non-working holidays are paid, the amount of which is determined by the local regulatory act of the organization, adopted taking into account the opinion of the elected trade union body, the collective agreement, agreements, employment contract».

The first sentence of the new part three of Article 112 of the Labor Code of the Russian Federation should be regarded as a warning to employers against attempts to reduce the wages of employees receiving a monthly salary due to excessively long holidays. But the second proposal is a new provision for Russian labor legislation.

To resolve issues with the payment of such days to pieceworkers in the organization, a single local regulatory act should be adopted, designed for repeated use. If the organization has an elected trade union body, such an act should be adopted taking into account its opinion; in the absence of such - by approval by the head of the organization.

Issues of payment to pieceworkers on non-working holidays can be resolved in a separate local regulatory act, for example, in the “Regulation on the payment of non-working holidays” or in the general local regulatory act in force in the organization on the remuneration of employees.

The new norm of Article 112 of the Labor Code of the Russian Federation provides for several ways to resolve the issue of paying non-working holidays and is not limited only to local regulations.

So, the employer can set the amount of payment to pieceworkers for non-working days in a collective agreement.

If this issue is resolved in an agreement that applies to the employer, then the adoption of a separate local act will not be required.

Finally, given that the changes to Article 112 of the Labor Code of the Russian Federation are of an unlimited nature, the employer, guided by the new part three of this article, can make appropriate changes to employment contracts with pieceworkers, setting directly in them the amount and terms of payment for non-working holidays.

However, it seems that this payment should be appropriately justified.

To resolve the issue of establishing the amount of this payment in a particular organization, it is necessary first of all to be guided by its financial capabilities and, in addition, proceed from its economic meaning: payment for non-working holidays is not wages, since the employee does not produce products, but a guarantee or rather compensation .

Therefore, even the most minimum payment will also be considered the fulfillment by the employer of the obligation provided for by part three of Article 112 of the Labor Code of the Russian Federation, provided that its amount is determined in the manner prescribed by law.

With a good financial base and a large number accountants for piecework workers can be kept average earnings. However, this technique is acceptable for large organizations, whose accounting departments may perform the additional duty of calculating average earnings for each non-working holiday. For smaller organizations with a limited staff of accountants, this approach may seem overly burdensome.

Representatives of all-Russian associations of trade unions have prepared recommendations for employers to pay in the amount of 2/3 of the tariff rate (salary) - as for downtime for reasons beyond the control of the employer and employee.

Conclusion.

According to Article 37 of the Constitution of the Russian Federation - “everyone has the right to rest”, and along with fixing the main forms of rest (weekends and holidays, paid annual leave), it guarantees the duration of working hours established by federal law to a person working under an employment contract.

Article 106 of the Labor Code of the Russian Federation defines rest time as the time during which the employee is free from the performance of labor duties and which he can use at his own discretion.

Since the weekly days off are mostly “tied” to the calendar week, in connection with this, situations arise almost every year in the country when days off coincide with non-working holidays.

Part two of Article 95 of the Labor Code of the Russian Federation proceeds from the fact that overtime compensation should begin with an offer to the employee of additional rest time. How long this rest should be - the named article is silent. However, Article 152 of the Code answers this question: “overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.” In order to avoid misunderstandings with employees, we recommend that you define the conditions for providing this time in the local regulatory act of the organization, including, for example, providing for the possibility of summing up these hours until full time off.

Since both representatives of all-Russian associations of trade unions and representatives of all-Russian associations of employers are aware that the lack of clarity on the application of part three of Article 112 of the Labor Code of the Russian Federation can lead to labor conflicts, they decided to prepare a draft law on introducing appropriate changes to Article 112 of the Labor Code of the Russian Federation.

Regulations

1. The Constitution of the Russian Federation was adopted at a popular vote on 12/12/1993 // Rossiyskaya Gazeta dated 12/25/1993 No. 237.

2. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ // SZ RF 2002. No. 1. Art. 3.

3. Commentary (item-by-article) to Labor Code Russian Federation official bodies / Ed. Yu.A. Vasina. – M.: Index Media, 2006. – P. 878.

4. Commentary on the Labor Code of the Russian Federation / Otv. Ed. Yu.P. Orlovsky. - M.: Infra-M, 2006. - S. 563.

5. Commentary on the Labor Code of the Russian Federation (item-by-article). New edition / O.V. Smirnov; ed. M.O.Buyanova, I.A.Kostyav. - 5th ed., revised. and additional -M: KNORUS, 2006. S. 315.

6. Commentary on the Labor Code of the Russian Federation (item-by-article) / Ed. ON THE. Diamond. - M.: TK Velby, 2005. - S. 824.

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Non-working holidays in the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by the Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Art. 2127);

(Part one as amended by the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27)

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article (as amended by the Federal Law dated April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, item 2127).

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. The amount of expenses for the payment of additional remuneration for non-working holidays refers to labor costs in full ; as amended by the Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Article 2878).

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) . 2878).

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the normative legal act The Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the established day off (as amended by Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, item 2878; Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, item 2127).

(Parts three and four are considered parts four and five, respectively, on the basis of the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, art. 27)

The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing work modes and shift schedules. The duration of the weekly uninterrupted rest is calculated from the end of work on the eve of the day off and until the start of work on the next day after the day off. The calculation of the duration depends on the mode of working time: the type of working week, shift schedules. With a five-day working week, two days off are provided, with a six-day working week - one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Weekends are usually given consecutively.

Weekend

Weekends are a form of rest time. Their distinguishing feature is that they are provided to employees for uninterrupted rest between working days.

The concept of "rest" in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time.

The International Labor Organization (ILO) drew the attention of employers in its early years to the fact that the well-directed use of leisure time, by enabling workers to pursue more diverse interests and by providing a break from the stress of daily work, can increase productivity and thus can contribute to getting the most out of the working day.

It is this scientific and social approach to the establishment of rest time that currently prevails in developed countries, where the length of working time is limited by law or otherwise, i.e., mandatory uninterrupted rest time is established.

In Russian legislation, Art. 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest for all employees.

The duration of the working week is provided for by the working time regime, five days with two days off, six days with one day off, work week with the provision of days off on a staggered schedule, and is established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part 2 of Art. 111 of the Labor Code of the Russian Federation, Sunday is declared a general day off. Moreover, the second day off with a five-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with uninterrupted leisure time as far as possible, employers are left with the choice of establishing days off, taking into account the requirements of various sectors of the economy, local customs and the differing abilities and skills of various groups of workers. This principle was reproduced in Part 3 of Art. 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week in turn for each group of employees in accordance with the internal labor regulations of the organization.

According to Art. 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. Legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social well-being of workers. After all, the lack of free time may ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activity of the state.

In addition, the very size of the minimum period of uninterrupted free time reflects not only the social side of labor activity, but also the level of economic development of society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.

The beginning of the specified in Art. 110 of the Labor Code of the Russian Federation of the period is calculated from the moment the employee finishes work on the last day of the calendar or working week, when working according to the shift schedule, and the end, respectively, from the moment he enters work on the first day of the new calendar or working week. The specific duration of the weekly uninterrupted rest depends on the operating mode established in the organization, i.e. on the type of week: 5-day, 6-day or shift schedule, and on the employer's calculations.

By the way, it is precisely for the purpose of complying with the established standard of time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of days off with a 6-day working week - no more than 5 hours.

Non-working holidays

Every country in the world has its own official holidays, when the population is not involved in work, but rests.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Holidays”, in others - holidays are introduced and canceled by separate acts for each specific day, in others - Holidays are established by general regulatory legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by Art. 112 of the Labor Code of the Russian Federation. After amendments to it by the Federal Law of December 29, 2004 No. 201-FZ, non-working holidays in the Russian Federation are:

January 1, 2, 3, 4 and 5 - New Year holidays;
January 7 - Christmas;
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 - Day of Russia;
November 4 is National Unity Day.

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

Let us consider situations when an employer can involve employees to work on weekends and holidays, the amount of additional payments for these days, depending on the wage system used at the enterprise, the features of paying a day off or a holiday to a seconded employee and creative workers.

MODE OF WORK AND REST

The employer has the right to independently establish the regime of work and rest, the system of remuneration in accordance with labor legislation, taking into account the specifics of the organization's activities, its needs for labor resources.

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

At enterprises with a continuous cycle of work, where the suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the calendar week in turn to each group of workers in accordance with the rules of internal labor regulations. In this case, most often the total accounting of working hours is kept.

In addition to weekends, employees are provided with holidays. In accordance with Art. 112 Labor Code of the Russian Federation non-working holidays in the Russian Federation are:

FOR YOUR INFORMATION

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

In accordance with Part 5 of Art. 112 of the Labor Code of the Russian Federation, in order to rationally use weekends and non-working holidays by employees, days off can be transferred to other days in the next calendar year by a regulatory legal act of the Government of the Russian Federation. Information about their transfer is subject to official publication no later than one month before the corresponding calendar year.

CONDITIONS FOR INVOLVING TO WORK ON WEEKENDS AND HOLIDAYS

By general rule enshrined in Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. The exceptions are certain situations provided for by law.

The employer can involve employees to work on weekends and holidays only with the written consent of the employee in the following cases:

the production and technological cycle in the organization is not interrupted;
specialists of the organization perform work caused by the need for constant continuous service to the population;
there was a need for urgent loading and unloading operations.

Sometimes obtaining the consent of the employee to perform work duties on weekends is not required. This is possible under the following conditions specified in Part 3 of Art. 113 of the Labor Code of the Russian Federation:

to prevent or eliminate the consequences of an industrial accident, natural disaster, catastrophe;
to prevent accidents, destruction and damage to the property of enterprises;
to perform work, the need for which arose in connection with an emergency, including a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in work on weekends and holidays (Article 259 of the Labor Code of the Russian Federation). It is forbidden to use the work of minors on weekends, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation). Creative workers under the age of 18 may be involved in work at night and on weekends and holidays.

FOR YOUR INFORMATION

Night time is considered from 22:00 to 06:00.

The performance of work on weekends by disabled people or women who have children under three years of age is possible with their written consent and in the absence of medical contraindications to work overtime.

Work on weekends and non-working holidays must be properly documented. Necessary:

obtain written consent from the employee to go to work during holidays or weekends;
familiarize the employee against receipt with the conditions of exit, including the right to refuse to work in their free personal time;
notify the trade union body (if any);
issue an overtime order. The order must indicate the date and reason for going to overtime work, the duration of work, the list of persons involved.

NOTE

In the event of an emergency, going to work on weekends and holidays can also occur by oral order of the management (before the issuance of the order).

All additional conditions for going to work on weekends and holidays can be prescribed in the internal regulation on remuneration.

The form of the document confirming the receipt of the consent of the employee to go to work in extra time is not legally approved. Each enterprise has the right to develop it independently. Let's take an example of this form:

Notification

dated 19.05.2017 No. 5

Need to work on weekends

Dear Oleg Ivanovich!

Due to production needs (unloading perishable goods), we ask you to come to work on the day off 05/20/2017 (from 9:00 to 13:00).

Weekend work will be paid double in accordance with Art. 153 of the Labor Code of the Russian Federation.

At your request, you can get another day of rest at no additional charge.

Please make a note of consent or refusal to go to work.

Director of Ritm LLC Klimanov V. M. Klimanov

Back side of the notice

Acquainted with the notice.

Agree to go to work 20 » May 2017

Exit conditions: Double pay for weekend work .

Medical contraindications for work: I do not have .

Storekeeper Ivanov O.I. Ivanov 19.05.2017

PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS

Remuneration for work on weekends and holidays is carried out in accordance with Art. 153 of the Labor Code of the Russian Federation. The amount and terms of payment are presented in Table. 1.

Table 1. The amount and conditions of remuneration on a day off and a holiday
Wage system	Payment amount	Terms of payment
Official salary	The amount of one salary	If work on a weekend or holiday was carried out within the monthly norm of working time
Official salary	Double salary rate	If the work was done in excess of the monthly norm of working hours
Time payment	At least double the daily or hourly rate
Piece-work payment	Not less than double piece rates	In all cases when working on weekends and holidays

Labor legislation establishes minimum guarantees for wages on non-working holidays, which the employer can increase through contractual or local regulation. The employer has the right to establish specific amounts of remuneration for work on a weekend or holiday and prescribe them in a collective agreement, an internal local regulatory act, an employment contract. This is expressly stated in Art. 153 of the Labor Code of the Russian Federation.

IT IS IMPORTANT

The amount of payment for work on a weekend or non-working holiday, prescribed in the collective agreement, local regulations of the company and the employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing labor law norms (Article 149 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 granted another day of rest. If the employee requested to provide time off, he must write an appropriate application. In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not payable.

If the amount of wages on a non-working holiday is less than the amount of wages established by labor legislation, then the employee has the right to apply to the State Labor Inspectorate. Based on the results of the audit, the employer may be held administratively liable for violation of labor laws. Officials face a fine in the amount of 1,000 to 5,000 rubles. legal entities- from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For partial non-payment of wages for more than three months, criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation). However, according to statistics, employees rarely turn to the State Labor Inspectorate with such complaints.

Payment for work on a weekend and a holiday to a salary employee

For employees who have a salary, wages in excess of the monthly norm are calculated based on the daily or hourly rate (in excess of the salary).

daily rate is determined by dividing the employee's salary by the number of working days in a month according to the production calendar for which the salary is calculated.

For calculation hourly rate two options can be used.

Option 1: the employee's salary is divided by the number of working hours in a month according to the production calendar, for which wages are calculated:

Hourly rate \u003d Salary / Monthly standard according to the production calendar.

Option 2: the employee's salary (monthly tariff rate) is divided by the average monthly number of working hours:

Hourly rate \u003d Salary / (Average annual standard / 12).

Average monthly working hours is the result of dividing the annual norm of time by 12.

The official salary of engineer Surikov O. B. is 60,000 rubles. For him, a 40-hour work week is set, weekends are Saturday and Sunday.

In fact, O. B. Surikov worked 15 days in May, including one holiday: due to production needs, he worked on May 9. The norm of working hours in May 2017 is 20 days. Let's calculate the payment of Surikov O. B. for May 2017

1. Let's set the daily rate. To do this, we divide the employee's salary by the number of working days in May 2017 according to the production calendar:

60 000 rub. / 20 days = 3000 rubles.

2. We will calculate the payment on a holiday.

Surikov O. B. worked on a holiday. At the same time, he did not exceed the working time standard (20 days) established for May 2017. This means that his payment on the holiday on May 9 will be equal to the daily rate - 3000 rubles.

3. We calculate the payment for the rest of the time actually worked in May. Multiply the daily rate by the number of working days worked:

3000 rub. × 14 days = 42,000 rubles.

4. Let's do the payroll for May. The salary of Surikov O. B. for May 2017 will be:

42 000 rub. + 3000 rub. = 45,000 rubles.

E. V. Akimova, auditor

The material is published in part. You can read it in full in the magazine.

1. Part 1 of Article 112 of the Labor Code of the Russian Federation establishes a list of public holidays on the territory of the Russian Federation.

In order to provide each employee with the opportunity to use annually, in addition to days off, 12 non-working holidays, part 2 of the commented article provides for the rule to transfer the day off coinciding with the holiday to the next working day after the holiday. This rule should also apply when the day off, which is due to the employee in accordance with the internal labor regulations, coincides with a non-working holiday. With such a coincidence, the day off for the employee will be the next working day after the holiday.

The transfer of days off coinciding with non-working holidays should also be carried out in organizations that use different modes of work and rest, in which work is not performed on holidays. This applies equally to the modes of operation both with constant days off, fixed by the days of the week, and with "sliding" days of rest.

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

2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. At the same time, it is specifically indicated that the amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of funding.

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

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

In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day on which the day off is transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 4 , approved by Decree of the Ministry of Labor of Russia of February 25, 1994 N 19 // BNA RF. 1994. N 5).

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