Non-working holidays are set. Holidays and days off according to the Labor Code of the Russian Federation
Most workers are aware that there are days on the calendar that extend the period of temporary retirement. A festive day during a vacation is an opportunity to take a longer walk. Therefore, workers tend to choose a time for rest that falls on the official red date. However, not everyone knows how periods are taken into account in the calculation of vacation pay.
We will analyze if the vacation falls on a holiday, how this affects payment. Is it profitable to "extend" the holidays at the expense of red dates. How these magical days are defined, giving the right to take a longer walk.
Rules for granting annual leave
The list of holidays is defined in Art. Article 112 of the Labor Code (LC) Russian Federation. They never change. However, the Government of the country may postpone the weekend for a different time. This fact is also taken into account when calculating the vacation.
In Art. 114 of the Labor Code, a rule is prescribed, according to which the employer is obliged to release the worker from service to recuperate and rest. According to the law, for this period, the employee retains:
- average earnings (vacation);
- work place.
Such a privilege is provided on a mandatory basis to all employees, regardless of the form of employment:
- permanent;
- temporary;
- pieceworkers;
- seasonal and others.
In addition, according to the law the employer is obliged to approve the vacation schedule no later than 14 days before the end of the reporting year. That is, periods of departure from business are planned in advance. The personnel department is responsible for compiling the document. As a rule, an experienced specialist takes into account all the nuances of the next year (the presence of holidays and weekends).
The schedule is allowed to be drawn up in different options. There are two forms that have taken root in practice:
- with affixing the dates of the beginning of the vacation period;
- with the inclusion in the calendar of only the month of rest of the employee.
Holidays
Special dates that affect the length of vacation time are listed in Art. 112 TK. They are:
Non-working public holidays in the Russian Federation are:
- January 1, 2, 3, 4, 5, 6 and 8 - 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 - Day national unity.
The rule for taking them into account in calculating the retirement period is simple - they are skipped. For example, if a worker decides to take annual basic leave (EOO) from 12/31/17 for 14 days, then the days from January 1 to January 8 are simply skipped. Counting continues from 01/09/18:
- 12/31/17 - the first day;
- 01/09/18 - the second and so on.
In this paragraph, there is another important norm for vacationers. She talks about the transfer of a holiday that falls on a weekend to the next day. This rule does not apply to New Year and Christmas holidays.
Hint: A holiday is a day of rest, just like EOO time. Therefore, no extension is made. Holidays are excluded from the calculations.
An important subtlety of counting
Despite the fairly precise wording of the legislation, there is a lot of confusion with the holidays. It's all about the correctness of the application for the EOO. In the Russian Federation, it is customary to indicate the start and end dates in the document holiday period. That way:
- releases the employer from postponing holidays to the next day;
- does not give the worker the right to walk longer.
For example, if the application contains a request to provide an EEO from 12/31/17 to 01/14/18, then the date of entering the service is 01/15/18. The same application can be made differently. That is, ask to be released from work from 12/31/17 for 15 days. Then, according to the norms of the legislation, the employer is obliged:
- exclude New Year holidays and Christmas from the entire period;
- to extend the period of temporary withdrawal from business;
- You will need to leave the service on 01/23/18.
- official holidays are excluded;
- weekends are taken into account.
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Is it possible to start a vacation from the red day of the calendar
There are no prohibitions in the TC on this matter. A person has the right to start rest from any day, at his discretion. At the same time, it is up to the accountant and personnel officer to conduct the correct calculation of the period and vacation pay.
The concept of a production calendar
Leading specialists personnel office work and accounting, came up with aid- production calendar. Such an informal document is drawn up at the beginning of the calendar year. It specifies the days:
- workers;
- weekends, including postponed;
- holiday.
The form of the directory is chosen independently, taking into account the specifics of production. The data is given in days and hours. The tool helps to take into account all the nuances of the current calendar in the calculations.
Vacation pay calculation
The rules for determining the amount of payment are given in Art. 139 of the Labor Code, and also explained in the Regulations approved by Decree of the Government of the Russian Federation No. 922 of 12/24/07. The amount is determined on the basis of the average daily earnings calculated for the previous year of work.
Download for viewing and printing:
When calculating, the question arises of inclusion in the period of red days. The confusion here is introduced by subparagraph "a" of the fifth paragraph of the Regulations. According to its text, the time of the previous EGS (and funds for it) is excluded from the period for calculating the cash benefit.
The Ministry of Labor of the Russian Federation dismantled this difficult topic. In a letter dated December 15, 2016 No. 14-1 / B-351, the department explained to employers the following:
- holidays are not excluded when determining the average daily salary;
- they should be taken into account in general order.
Additional leave
Calculation of periods and payment of additional leave is carried out according to the same rules as the EOO. The days specified in Art. 112 of the Labor Code are excluded, and other days off are taken into account. Payment is made based on the indicator of the average daily wage of the worker for the previous year.
At your own expense
Another requirement to provide a period of retirement to resolve personal problems. Such "simple" is not paid. Its definition is given in Art. 128 TK. In particular, the text states that the purpose of such non-participation in labor activity is not rest. Based on the logic of the legislator, holidays are not excluded from the period of leave without pay.
Download for viewing and printing: Tip for workers: it is unprofitable to write a statement at your own expense before the red days of the calendar. It is necessary to indicate the exact dates of departure and return to service, which do not coincide with those specified in Art. 112.
Educational and maternity
These types of official absence from the workplace are associated with the performance of certain duties:
- training;
- taking care of the baby.
Due to the fact that both terms are not related to rest, holidays are not taken into account when calculating them. That is, these types of vacations are provided for a period specified in the application.
sick leave
In Art. 183 of the Labor Code, a rule was written on maintaining the maintenance of sick employees. The rules for calculating such are given in Art. 7 of Law No. 255-FZ. At the same time, the rest period is increased by the number of days of sick leave. In addition, if a public holiday falls at the same time, it is rescheduled. That is, in general, the period of absence of a person in the service increases by the number of such days:
- temporary disability;
- official holidays listed in Art. 112.
For example, Ivanova S. took EOO from 06/11/18 for 14 days. On the same date, she fell ill and issued a disability certificate for 4 days. By order, Ivanova S. was supposed to go to work on 06/26/18. (06/12/18 is skipped). She provided the administration with a certificate of incapacity for work. The employee's period was recalculated. Ivanova S. began her official duties on 07/02/18 (since 06/30/18 is Saturday, and 07/01/18 is Sunday).
Hint: in the time sheet, it is necessary to really reflect the reason for the absence of the worker at work. For example, days of absence at one's own expense are marked with the symbol "НВ" or the code "28". Download for viewing and printing:
Vacation pay example
Prokofiev V. decided to take a break at the beginning of the year. He turned to the personnel officer with a request to explain how best to draw up a statement and not miscalculate. The specialist made an approximate calculation of the vacation pay due. Starting conditions:
- the beginning of the holiday from 01.01.18;
- term - 14 days;
- average daily earnings - 1,800.0 rubles.
If Prokofiev V. indicates the end date of the holiday on 01/14/18, then he will go to work on 01/15/18. Get your hands on:
- 6 days (from 1 to 8 are excluded) x 1,800.0 rubles. = 10,800.0 rubles
If he indicates in the application that he wants to receive an EOO for 14 days, he will enter the service on 01/23/18. The benefit will be:
- 14 days x 1,800.0 rubles = 25,200.0 rubles
Rules for replacing EOO with money
The norms of the Labor Code are based on the text of the Constitution of the Russian Federation. The Basic Law guarantees people the right to rest. Therefore, employers are prohibited from replacing the established minimum in cash. Besides, Every year, the employee must take at least 14 days off in a row. The rest can be transferred to another time.
Pieces of basic and additional holidays tend to accumulate. Employees are asking for compensation. This operation should be done with extreme caution. It should be borne in mind that annually, the employee must actually recuperate for 28 days. Replace given time cash is strictly prohibited. For violation of this rule, the head faces a fine.
If a person is entitled to any type of paid additional allowance, then it is allowed to compensate him. An exception is the additional days provided for work in harmful and dangerous conditions.
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 a calendar month is not a basis for reducing them 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 provides the Government of the Russian Federation with the right to transfer days off to other days, adding them to the nearest non-working days, in order to rational use employees on weekends and non-working holidays. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of 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).
Weekend work for Labor Code not allowed. However, there are some exceptions when it is permissible to involve employees in the implementation job duties weekends with or without their consent. Let's talk about them in our article.
Work on a day off according to the Labor Code of the Russian Federation
Every employee has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their days off. Involving them in additional labor activity is possible if consent to exit in writing is obtained in advance. However, employees may refuse additional processing during the off-hours.
Overtime work must be properly documented. Necessary:
- obtain written consent from the employee to go to work during holidays or weekends;
- familiarize the employee with the conditions of exit, including the right to refuse work in their free personal time;
- notify the trade union body (if any);
- issue an order to perform overtime work, indicating the reasons, duration and involved persons.
Sometimes obtaining the consent of the employee to perform work duties on weekends is not required. These are possible under the following conditions in accordance with Art. 113 of the Labor Code of the Russian Federation:
- if it is necessary to prevent the occurrence of unforeseen circumstances that can lead to catastrophic consequences, including accidents or damage to the company's property;
- the need to perform the work arose in connection with an emergency situation caused, among other things, by a natural disaster or martial law.
An exception is made for pregnant women. They to similar works cannot be involved (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with young children under 3 years old) are involved in overtime work only with their consent. It is forbidden to use on weekends and labor of minors.
Possible options for employment in free time it is required to register in the collective agreement and other internal local acts.
You will learn information about the execution of other local documents at the enterprise from the article "Agreement on collective liability - sample-2017" .
Working conditions on weekends and holidays
If there is a need for overtime work, the management issues an order to involve employees who have agreed to perform the work. It fixes the date of entry to overtime work on weekends. 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).
The performance of work on weekends by disabled people or women who have children under 3 years old is possible not only with their written consent, but also in the absence of medical contraindications to work overtime.
NOTE! If an employee works under a fixed-term employment contract lasting up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent even in case of emergency (Article 290 of the Labor Code of the Russian Federation).
Pay for work on a day off
For the use of personal time spent on overtime, employees are entitled to compensation. They have a choice:
- or take an additional day off and receive payment for work on the day off in a single amount;
- or agree to double monetary compensation based on the current tariff rate or upon piecework payment (Article 153 of the Labor Code of the Russian Federation).
Those employees who are entitled to a fixed monthly salary are paid for work on weekends and holidays based on the daily or hourly norm, if the monthly norm of working time (according to the Labor Code of the Russian Federation) is not exceeded. If the working time limits for a month are exceeded, the payment for additional labor activity on holidays and weekends is calculated at a double rate.
If the employee requested the provision of time off, he must write a corresponding application.
The rules for calculating additional compensation for weekends and holidays do not apply to those whose normal schedule includes the possibility of working on holidays and weekends: employees with irregular working hours, shift work.
All additional conditions can be spelled out in the internal regulation on remuneration, the procedure for filling which you will learn from the article "Regulations on the remuneration of employees - sample-2018" .
Sample letter of consent to work on a day off
The forms of the document confirming the receipt of the consent of the employee to go to work in extra time are not legally approved. Each enterprise has the right to develop its own form.
A sample written consent of an employee to work on weekends and holidays can be downloaded on our website.
Results
In some situations labor activity during periods intended for rest (holidays, weekends), it is necessary to maintain the normal operation of the enterprise. However, in most cases, employees must voluntarily agree to perform work duties outside of working hours. Additional work on weekends for some categories of employees (pregnant women, minors) is prohibited.
How to correctly take into account holidays, in accordance with Article 112 of the Labor Code of the Russian Federation, and correctly draw up vacation and work schedules taking into account these days - read the article.
From the article you will learn:
Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays. Holidays that are mandatory throughout Russia are listed in Part 1 of this article. According to its provisions, officially established holidays and, therefore, non-working holidays in Russia are:
- New Year holidays falling on January 1, 2, 3, 4, 5, 6 and 8;
- Christmas - January 7;
- Defender of the Fatherland Day - February 23;
- International Women's Day - March 8;
- Holiday of Spring and Labor - May 1;
- Victory Day - May 9;
- Russia Day - June 12;
- National Unity Day - 4 November.
How holidays are transferred that coincided with a regular weekend
If a non-working holiday falls on a regular day off, then the day off is transferred to the working day following the holiday. However, for this rule, legislators have established an exception: weekends that fall on public holidays listed in paragraphs 2 and 3 of part 1 of Art. 112 of the Labor Code of the Russian Federation (New Year holidays and Christmas).
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In order to rationally use non-working days weekend may be postponed to other days by a separate regulatory legal act of the Government or federal law. The relevant document must be officially published no later than one month before the calendar year to which it refers.
If the calendar year has already begun, during it the adoption of similar regulatory legal acts of the Government of the Russian Federation on the transfer weekend other days are also possible. But for this, the condition of their official publication must be observed no later than two months before the calendar date of the established day off. More information about the transfer of holidays, according to the Labor Code of the Russian Federation, with an indication of the relevant laws and regulations, can be found in .
Is it necessary to extend the annual leave of employees for a regional holiday
Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays for both 2017 and 2018, mandatory for the whole country. However, the law grants the right to the subjects of Russia to establish additional non-working holidays, not mentioned in Art. 112 of the Labor Code of the Russian Federation.
Public authorities in a separate subject have the right to declare some regional holidays as non-working days in the event of:
- the holiday has a religious orientation;
- a corresponding request was received from a religious organization;
- the decision was made by the state body of the subject.
For example, in Chuvash Republic by a separate act, June 24 was declared a holiday throughout the constituent entity of the Russian Federation - the Day of the Republic of Chuvashia, which is not included in Art. 112 of the Labor Code of the Russian Federation.
By general rule in this case, it is necessary to renew the annual vacation employees, unless the law of the subject provides for a different procedure. Similar explanations are contained in the letter of Rostrud dated September 12, 2013 No. 697-6-1.
Is it possible to indicate in the local act for the enterprise that only time off is provided for work on a holiday?
Labor Code of the Russian Federation in Art. 112 expressly states that the employer, as a general rule, must compensate for work in weekend and non-working holidays, first of all, additional payment. The amount and procedure for paying the said remuneration is determined by:
- collective agreement;
- employment contract;
- local normative act adopted taking into account the opinion of the elected body of the primary trade union organization;
- agreements of the parties of social partnership.
Note! The cost of paying remuneration for non-working holidays in full is attributed to labor costs.
If the employee himself expresses a desire, work on holidays can be compensated with a day off. However, in this case, keep in mind that the employee is given a full day of rest, regardless of the number of hours actually worked in day off or public holiday.
Thus, the employer does not have the right to prescribe a provision in the local act for the enterprise that only time off is provided to employees for work on a holiday.
How is the granted time off for work on a holiday reflected in the salary of an employee
In the Labor Code of the Russian Federation, Article 112 establishes the procedure for compensating an employee for work on a holiday in the form of an additional payment. However, the employee, at will, can replace it with a day off.
Instead of increased pay, at the request of the employee, another day of rest may be provided. In this case, work on a non-working day is paid in a single amount, and the day of rest is not payable. This means that an employee who receives a salary, if they use a day of rest as compensation, does not have their salary reduced. At the same time, it is not taken into account whether the employee uses the day of rest in the current month or in subsequent ones.
Thus, time off provided for work on a holiday should be excluded from the norm of accounting for working time. IN report card this day is indicated as a holiday by the code "B" or the digital "26" when using unified forms No. T-12 or No. T-13.
Important! Employees working on piecework pay need to be paid extra for non-working holidays when they were not involved in the work.
On what date to dismiss an employee if the dismissal coincided with the holidays
Receiving a letter of resignation from an employee on the eve of holidays often becomes a problem for a personnel officer. After all, the date of dismissal may fall on holidays according to the Labor Code of the Russian Federation, and the employee may in principle not want to transfer it.
If the last day of any period falls on a non-working day, then its end is postponed to the next business day (Article 14 of the Labor Code of the Russian Federation). You can move the date of dismissal, which fell on a holiday or weekend, only if this day is not a working day for the employee. In practice, this situation is solved as follows. If the day of dismissal is non-working for both the personnel officer and the employee, then the date of dismissal can be postponed to the next working day. The courts agree with this in the case of dismissal for fixed-term contract and downsizing. This rule can be extended to dismissal of one's own free will.
At the same time, the day of dismissal is the last day of work. As a result, it may turn out that you need to fire an employee on a day off for the personnel officer. At the same time, this day will be a working day for the employee. This often happens when an employee works on a rotating or shift schedule. If the day for the dismissed worker, then in order to formalize the dismissal, an employee of the personnel department is involved in work on a holiday. As a more convenient option, they agree with the employee to postpone the date of dismissal.
HIs it necessary to pay sick leave if an employee falls ill on holidays?
In general, sick leave benefits are paid for all calendar days of sickness. At the same time, non-working holidays, according to Article 112 of the Labor Code, do not need to be excluded from the calendar days of illness, since they do not belong to excluded periods for which benefits are not paid.
Important! If the days of illness coincided with non-working days, then the sick leave benefit must be paid on them in the general manner. This provision follows from part 8 of article 6, part 1 of article 9 of the Law of December 29, 2006 No. 255-FZ.
It is important for a personnel officer to take into account that labor legislation in the general case guarantees the preservation of the level of remuneration of personnel who are not working on holidays. Any exceptions to general rule must be legally justified.
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
According to the 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 for working 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 |
|
Double salary rate |
If the work was done in excess of the monthly norm of working hours |
|
|
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 company and the employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing norms labor law(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. It has a 40 hour time limit. work week 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.
