The company's desire for financial prosperity in modern business conditions, unfortunately, is not always consistent with the calendar. Therefore, management is forced to periodically call employees to work on unspecified days. And since management will need the consent of the employee himself for an after-hour invitation to production, not the last argument in the conversation will be the thesis that he will receive increased pay for work on weekends or holidays.

Working on a day off according to the Labor Code of the Russian Federation

The right of a working person to sleep longer on a weekend or holiday and not think about the affairs of the enterprise is protected. It allows the employer to disturb employees only in extraordinary cases:

1. Carrying out measures to prevent or mitigate the consequences of accidents and disasters.
2. Implementation of measures to prevent accidents and property damage.
3. Work in connection with the declaration of martial law or an emergency, including a natural disaster.
4. With the consent of the employees themselves, by written order of the manager.

But even in this case, there are categories of workers who may not worry that their weekend plans will be disrupted. Under no circumstances will the employer be able to call pregnant women (Article 259 of the Labor Code) and minors (Article 268 of the Labor Code) to work after hours, even if they have expressed their readiness to begin their duties at any time.

Working conditions on weekends and holidays

In order to be able to meet with team members on rest days, you need not only to find a good reason, but also to receive a positive response from each of those invited to work on weekends and holidays, certified by his own signature. But this is not the only obstacle that may stand in the way of an employer who decides that the holidays can wait:

Reason for working on weekends	Employee category	Necessary working conditions on weekends according to the Labor Code
Going to work is determined by the desire of management		Consent of each individual specialist. Additionally, you need to ask the trade union if it is organized at the enterprise.
		In addition to confirming a positive response to the offer to work, you also need to look into your personal file and make sure that the employee has no medical contraindications for such work. In addition, the consent of the trade union will be mandatory. It is also better to obtain a separate receipt stating that the employee knew about his right not to go to work on his day off.
		No way. Having allowed such colleagues to work, the employer will then be unable to defend himself or “unsubscribe” from the inspectors.
Emergency cases listed in Art. 113 TK	Adult employees without any “special” status	The employee will not even be asked for consent. But to confirm emergency circumstances, serious documentary support and evidence of “extraordinary circumstances” will be required, for example, a certificate from the Chamber of Commerce and Industry of the Russian Federation.
	Disabled people and parents with young children	Written agreement. Union opinion. Medical clearance
	Pregnant and minors	The employer has no reasons or documentary grounds to call them.

Separately, it must be said that obtaining the employee’s consent, written down on paper and sealed with a personal signature, may not be enough. After all, not every employee really correctly assesses the state of affairs at the enterprise and the onset of those unfavorable circumstances that threaten the safety of production and its performance. Any arguments given by the employer to justify the need for an extraordinary return to work must be valid and documented (a document from the Chamber of Commerce and Industry or an accident investigation report).

In most cases, involvement in work on days of legal rest will require the written consent of the employee, Art. 113 TK.

After all, a situation may subsequently arise when an employee deceived by his employer finds out that the circumstances were not so catastrophic, and there was no threat to production either, and the boss simply took advantage of the employee’s responsiveness. In this case, the employee will have every reason to contact the labor inspectorate and initiate an inspection. The consequences for the company will depend on what supporting documents it can present.

How is work on a day off paid?

The provision of Article 153 of the Labor Code is intended to help negotiate with the employee about unexpected return to work. It is she who establishes minimum financial guarantees for conscientious and trouble-free employees. The law states that payment for work on weekends in 2019 will not be less than double the normal rate for a particular enterprise. The very size of this rate and the method of calculating it are the prerogative of the enterprise. Usually, this methodology is developed and enshrined in the collective agreement, but this can also be done in a separate order ().

The minimum amount of additional payment for work on holidays and weekends will be 100% of the regular rate specified in the employment contract, Art. 153 TK. It also says that the employer has the right to set a higher rate. The payment method directly depends on the chosen payroll system.

At a fixed salary

With the most common salary system, it is customary to calculate the average daily or average hourly rate based on a static salary figure and standard hours of work. A feature of this calculation can be considered that the amount of payment can greatly depend on what standard of working time is taken as a basis. For example, when working on weekends in May and August 2017, payment may differ significantly:

Salary – 30,000 rub/month

It is worth noting that the state has not established a period for calculating the “average”, so both options will be legal: within a month and within a year. But the method of calculation based on the annual rate will still be the most fair to employees. In this way, the employer is unlikely to achieve savings in employee salaries, but can significantly reduce the likelihood of disputes between them. After all, there will be much more applicants for work in May than in August.

At the "piecework"

Pay for work on a day off based on piecework will also be different for everyone who goes to work on a day off. Here the dependence is directly proportional to the output produced, no matter what it is expressed in (the number of products or parts, the volume of output or the number of customers served). The amount accrued based on production must also be multiplied by two.

At daily or hourly rate

The simplest and most understandable scheme for calculating wages at daily or hourly rates for both parties to the labor relationship. Their size is indicated in the employment contract, and the employee understands perfectly well that with a daily rate (for 8 hours) of 2,000 rubles, for conscientious work on a holiday he will receive 4,000 rubles.

The calculation will be more difficult if the enterprise operates around the clock. Indeed, in this case, only part of the shift may fall on the day off (from 0 to 24 hours). Here, attentiveness will be required from the timekeeper who enters data into the T-13 form. At the same time, we must not forget about the surcharge for night time. To the hours spent at work from 22.00 to 6.00 in the morning, at least another 20% of the rate should be added, Art. 154 TK. However, contrary to the dreams of workers, 20% will be calculated from a single rate. It will look something like this:

Hourly rate – 200 rub.

On holidays work from 12.00 to 24.00

Payment for after-hours departure 12*200*2+2*200*0.2= 4880.00 rub.

Additional rest

The Code leaves the employee the right to choose the method of compensation for a day off spent in the interests of the employer. According to the rules of Art. 153 TK, he can independently choose double pay or time off.

Not every employee is ready to sacrifice their free day and communication with family on holidays in order to receive payment for work on a day off. Many people tend to choose time off instead of money. This possibility is provided for in Article 153 of the Labor Code. It is better to choose the method of such compensation before the order is issued; then it will be more correct to agree on the calendar a specific day of rest for working on a day off.

As often happens in cases of practical application of the provisions of legislative acts, in real life a conflict arises between the parties. The fact is that in Art. 153 of the Labor Code states that choosing time off for work on a day off is the employee’s unconditional right, but nowhere is there any indication that he is free to determine its date without agreement with the employer. It is primarily the employee himself who is interested in reaching an agreement on this issue and enshrining it in an order or other document. After all, absence from work on a day determined by the employee independently can be classified as absenteeism.

For those who agree to simply transfer the day of rest to another date, information about the method of payment for work on a day off according to the Labor Code in such a situation will become relevant. The employee will no longer receive a double rate. The employer will be required to pay the actual number of hours worked at a single rate. A positive thing for an employee may be that he will be able to take a full day off, even if he was only called in for a couple of hours on a holiday.

In addition, the employee must understand that the legislator did not give the employer the right to compensate for lost days off solely with time off. Only the worker has the right to choose between remuneration or replacing it with another day of rest. In fact, bosses may verbally insist that you go to work on time off. An employee can only take such a step voluntarily; it is illegal to force him to give up the monetary equivalent.

Registration procedure

The need to gather a team or individual colleagues on holidays or legal rest should be dictated by a truly serious reason or incident. From this moment the procedure for applying for work on a day off begins:

1. A memo describing the circumstances or arguing the urgency of the work.
2. Familiarization with its contents of those employees who are planned to be involved.
3. Obtaining written consent or refusal. In cases of emergency, accidents or disaster, confirmation of the desire to work should be obtained only from “special” workers whose health status may raise doubts, Art. 113 TK.
4. Publication of an order to work on a day off. In addition to the date and time, it indicates the method and amount of compensation for a ruined vacation (money or time off).
5. Familiarization with the order not only of specialists who will come to work on weekends, but also of those who are obliged to ensure the safety of work, material resources, if necessary, as well as accounting for time and payment.
6. Instruction on safety and labor protection in connection with unscheduled work or non-standard features of the conditions of its performance.
7. Accounting and payment of hours worked.
8. Issuance of an order on the time of rescheduling rest for those employees who refused monetary compensation.

During the registration process, several more points may be added, for example, about issuing a work order for work in additional time or another document. Everything will depend on the nuances of production processes, as well as on the regulations approved at the enterprise itself.

The main documents for ensuring the legality of work on non-working days will be the consent of the employees involved and a detailed order on the need for work and the method of payment.

Sample consent to work on a day off

Since natural disasters and catastrophes, fortunately, occur less frequently than other unforeseen situations, the main document that gives impetus to the beginning of substantive planning for work on weekends can be considered the written consent of employees to be involved in it.

From a security point of view during an inspection or conflict, it is better for personnel officers to prepare a consent statement template in advance and ask the called employees to sign it. It must be mentioned:

• release date and day of the week;
• the nature of unplanned circumstances;
• a clear and unambiguous indication that the employee understands the scope of work and gives the go-ahead for his involvement;
• additional information that the employee is healthy and has no contraindications from a medical point of view;
• request for a form of compensation (money or time off);
• a statement that the employee has been notified and correctly understands his right to refuse the proposed work;
• confirmation that compensation options have been explained to him.

What you write must be signed and dated.

Receiving such a thoroughly drawn up document will become a kind of insurance for the management of the enterprise. However, you can use a simpler form. The employee can express his consent by putting an appropriate mark on this on the report on the scope of work planned for the day off.

Work occupies a rather important place in a person’s life, and not everyone can afford to simply ignore a reasonable request from management for an unscheduled meeting at production. That is why it is important to know that the employee’s consent, by law, cannot and should not remain without remuneration, at least at the rates of the Labor Code of the Russian Federation.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Despite the fact that the labor legislation of the Russian Federation prohibits employees from working on weekends and holidays, nowadays it is not uncommon to be hired to work on such days. As a general rule, this is done strictly in exceptional cases and with the consent of the employees. However, a particularly interesting issue in this case is the payment for such work.

The concept of "weekends and public holidays"

In order to fully analyze the process of attracting workers to work on weekends and holidays, it is necessary to study these concepts, since in practice employers often do not always define them correctly.

The Constitution of the Russian Federation enshrines the right to rest. A person working under an employment contract is guaranteed the length of working hours established by federal law, weekends and holidays, and paid annual leave.

In accordance with Art. 111 of the Labor Code of the Russian Federation, all employees are provided with days off (weekly uninterrupted rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off. At the same time, the general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row. For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations.

According to Art. 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays during the New Year holidays and Christmas. In this case, the Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays to other days in the next calendar year. In this case, 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 a 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 permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

It is important to note that employees, with the exception of those who receive 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 payment of 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 an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

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

In addition, at the request of religious organizations, the relevant government bodies in the Russian Federation have the right to declare religious holidays as non-working (holiday) days in the relevant territories.

Thus, weekends are days off from work, which are provided to the employee for weekly continuous rest, and non-working holidays are days off from work, established by law for all employees, regardless of the organizational and legal form of the employing organization.

It is also important to note that professional holidays and memorial days are not non-working holidays and do not refer to types of rest time during which the employee is exempt from performing work duties and which he can use at his own discretion. Professional holidays and memorable dates are established by regulations of the Government of the Russian Federation or the federal executive body authorized by it, or another federal government body.

Legal basis for hiring people to work on weekends and holidays

The labor legislation of the Russian Federation establishes the duration of weekly uninterrupted rest at least 42 hours. The duration of rest is calculated from the end of work on the eve of the day off until the start of work (shift) on the next working day after the day off. It should be noted that when recording working hours in aggregate, the duration of weekly continuous rest in certain weeks can be reduced, but for the accounting period it must be at least 42 hours. Moreover, such a possibility is established in regulatory legal acts.

In addition, the labor legislation of the Russian Federation provides for the duration of weekly continuous rest in relation to workers in specific industries: for example, in relation to ship crew members - ship officers (with the exception of a doctor) and the ship's crew (floaters), etc.

The day off may not coincide with the general day off (Sunday) and may be provided on other days of the week. This possibility is provided if a single day of rest for all employees of the enterprise may disrupt the production process or the organization of work. In this case, the internal labor regulations establish the order of provision of weekly rest for different groups of workers on different days of the week.

An employee’s work and rest schedule may include work on non-working holidays (shift work). In this case, the employee’s day off, which coincides with a non-working holiday, is not transferred. It is important to note that shift work usually involves working on traditional weekends (Saturday and Sunday). If work on such days is provided for by the shift schedule, then it is not subject to increased pay. In addition, during shift work, days off are provided exactly according to the shift schedule. Therefore, each employer should include this provision when drawing up internal labor regulations.

In accordance with Art. 113 of the Labor Code of the Russian Federation, the involvement of employees in work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

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

1. to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2. to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3. to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

It is important to note that the involvement of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of ) works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, are allowed in the manner established by the collective agreement, local regulations, or employment contracts.

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

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

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

Also, employees are recruited to work on weekends and non-working holidays by written order of the employer.

An exception to the provisions prohibiting work on weekends and holidays are FIFA employees, FIFA subsidiaries, FIFA counterparties, confederations, national football associations, the Russian Football Union, the Russia 2018 Organizing Committee, its subsidiaries, whose work activities are related to the implementation of events on the preparation and holding of sports competitions in the Russian Federation - the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.

It is important for every employer to remember that weekends for a particular organization, depending on its needs and the specifics of production, are established in the Internal Labor Regulations, which indicate which specific days are weekends and holidays. At the same time, it should be noted that if the organization provides for different working hours, then for each category of employees the conditions for days off are determined separately. It is also important not to forget that employees must be familiarized with the Internal Labor Regulations against signature before signing an employment contract.

If the employee’s rest time regime differs from the general rules in force for the employer, then rest time may be provided as a mandatory condition for inclusion in the employment contract.

Involvement in work on weekends and holidays occurs on the basis of the relevant order of the employer, which must contain the following provisions:

— a holiday or day off on which employees of the organization must work;

- the department that performs the work;

- last names, first names, patronymics of employees who must work on a holiday (day off), as well as their positions and the amount of additional payment.

It should be noted that if the method of compensation is not determined in advance, then after completion of the work an order (instruction) is issued either to pay at least double the amount or to provide another day of rest. If an employee who has agreed to work on a day off or a non-working holiday refuses to familiarize himself with the order, then this fact is recorded in the act. Also, if the necessary procedures for recruitment to work were followed in relation to the employee, but he did not start work, the employee may be subject to disciplinary action.

Features of remuneration on weekends and holidays

Having defined the concepts of “weekends and holidays” and the procedure for attracting workers to work on these days, we can move on to the legal regulation of payment for such work. According to Art. 153 of the Labor Code of the Russian Federation, work on a day off or a non-working holiday is paid at least double the amount:

- piece workers - no less than double piece rates;

- employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

- employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out on within the limits of the monthly working time standard, and in an amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working time standard.

Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.

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

Remuneration for work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.

It is important to note that the above standards of payments for work on weekends and non-working holidays are the minimum that can be established for employees of an organization. The employer can assign an amount greater than the established standard, indicating this, respectively, in the employment or collective agreement.

Employees receiving an official salary are not provided with payment for non-working holidays. They are paid a full salary for the standard working hours established for this category of workers. Thus, these employees retain their full salary regardless of the number of non-working holidays in the month.

When paying employees on a time-based basis, additional remuneration is paid for non-working holidays, and its calculation depends entirely on how the employee’s wages are calculated:

1) from the hourly rate

If an hourly wage rate is established for an employee of an organization, then the amount of additional payment should be calculated using the formula:

Additional payment amount = (Hourly rate) x (Number of hours worked on a weekend/holiday) x 2

2) from the daily rate

If an employee of your organization has a daily wage rate, then the amount of additional payment is calculated as follows:

Additional payment amount = (Daily rate) x (Number of hours worked on a weekend/holiday) x 2

3) with piecework wages

The surcharge is calculated as follows:

Amount of additional payment = (Quantity of products produced on a holiday) x (Price per unit of product) x 2

The time worked by each employee of the organization (enterprise) is recorded using standardized forms N T-12 or N T-13. In addition, wages on a weekend (holiday) day:

— subject to personal income tax and insurance contributions (clause 6, clause 1, article 208 of the Tax Code of the Russian Federation);

— taken into account in labor costs in accounting and tax accounting (clause 3 of Article 255 of the Tax Code of the Russian Federation).

Features of providing additional days off

The labor legislation of the Russian Federation provides for the possibility of providing additional days off, but they are provided only to limited categories of workers, namely:

1. One of the parents with a disabled child (guardian, trustee, other person raising a disabled child without a mother).

This category of workers, upon written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided among themselves at their discretion (Article 262 of the Labor Code of the Russian Federation). Payment for each additional day off is made in the amount of average earnings and in the manner established by federal laws. The procedure for providing these additional paid days off is established by the Government of the Russian Federation.

The working parent is required to provide the employer with a certificate from the other parent’s place of work stating that at the time of application, additional paid days off in this calendar month have not been used or have been partially used.

When documenting the lack of care for a disabled child by another parent (in the event of his death, deprivation of parental rights, restrictions on parental rights, recognition as missing, incompetent (partially capable), inability for health reasons to personally raise and support the child, serving a sentence in institutions executing punishment in the form of imprisonment, evasion from raising children or from protecting their rights and interests, and in other cases of lack of care), a working parent is provided with four additional paid days off without presenting a certificate from the other parent’s place of work.

If one of the child’s parents is in an employment relationship with the employer, and the other is not in such a relationship or independently provides himself with work (individual entrepreneur, private notary, lawyer, head or member of a peasant farm, tribal, family community of indigenous peoples of the North engaged in traditional economic sectors, etc.), four additional paid days off per month for caring for disabled children are provided to a parent who is in an employment relationship with the employer upon presentation of a document confirming that the other parent is not in an employment relationship or is a person who provides himself with work.

Additional days off are not provided to a working parent during his next annual paid leave, unpaid leave, or parental leave until the child reaches the age of one and a half years. At the same time, the other working parent retains the right to an additional paid day off.

If one of the working parents partially uses additional paid days off in a calendar month, the other working parent in the same calendar month is provided with the remaining additional paid days off for care.

It is important to note that additional days off in this case are provided both at the employee’s main place of work and when working part-time (Part 2 of Article 287 of the Labor Code of the Russian Federation).

2. Women working in rural areas.

In accordance with Art. 262 of the Labor Code of the Russian Federation, this category of workers may be granted, upon their written application, one additional day off per month without pay. The procedure for submission is the same as discussed above.

In this case, an additional day off is also provided both at the employee’s main place of work and when working part-time.

3. One of the parents (guardian, trustee, foster parent and other person raising a child without a mother) working in area Far North or equivalent area and having a child under the age of 16 years.

Such employees, upon their written application, are granted one additional day off per month without pay. The procedure for provision is similar (Article 319 of the Labor Code of the Russian Federation). This category of workers is provided with additional days off only at their main place of work.

It must be taken into account that it is not a disciplinary offense for an employee to use additional days off if the employer, in violation of the statutory obligation, refused to provide such days.

Additional days off are provided by order.

Thus, having studied the legal basis for hiring people to work on weekends and holidays in accordance with the labor legislation of the Russian Federation, it should be concluded that this process has a number of features. Each employer must carefully approach the issue of regulating this process, observing all procedural norms.

So, today we will be interested in the principle of remuneration on non-working holidays, as well as weekends. After all, no one will simply work hard when everyone has the right to rest. This means that employees need to be rewarded somehow. This is written in Art. 153 (Labor Code of the Russian Federation). It is he who will help us understand today's issue. In general, wages are a difficult moment. And it requires certain knowledge of employees so that they do not get deceived. Yes, in Russia the norms provided for in Art. 153 RF TC. But they do happen. And conscientious organizations will never go against the rules.

From payment and activity

The thing is that the main feature of payment on non-working days, holidays, and weekends is the dependence of exact calculations on how exactly your salary is calculated. That is, you will have to pay special attention to this factor. You can’t just go ahead and say exactly how your salary will be paid for the days you work. Several factors will need to be taken into account.

The second point is your activity. In some cases, according to Art. 153 of the Labor Code, payment for non-working days and weekends is not allocated at all. Either it is not compensated, or it has some peculiarities. So again, quickly drawing a conclusion about the amount you are entitled to will not be so easy. But if you carefully study the paragraphs of Art. 153, you can get answers to all your questions. What do you need to prepare for?

Typical case

For example, to the most common scenario. The point is that, according to Art. 125 of the Labor Code of the Russian Federation, payment for non-working holidays, as well as weekends, is made at double the rate. That is, if, for a number of reasons, you went to work when you were not supposed to, you can demand double pay. Of course, only for those days that you worked on holidays and weekends. The rest of the time is paid according to the usual scheme. This is exactly what modern Russian legislation says. True, the law has certain features. Everyone needs to know about them.

Piece workers

For example, you can often find piecework wages. Such workers also have their own payment rules. They, as you might guess, differ little from the generally accepted norm.

So, if you believe the text of Art. 153 of the Labor Code of the Russian Federation (with or without comments), then piece workers also receive double pay. More precisely, it is charged at a double rate. This method is also called piecework double pricing. If you are offered work on a weekend or holiday at regular rates, you have every right to refuse it. This is a direct violation of your rights.

Daytime and hourly

What to do if only daily and hourly rates are used in calculations? Everything is also easy and simple. If you look at the text of our article today, you will notice what is written there regarding this issue.

Employees who work at daily or hourly rates must receive at least double their salary for time worked on a weekend or holiday. It is quite possible to earn more, but less is, again, a direct violation of the rights and the Labor Code of the Russian Federation. You can demand that holidays and weekends be paid at least at double rates. And it doesn’t matter whether they are daily or hourly.

When processing

It often turns out that working on holidays and weekends means overwork. Such work should also be paid decently. And not only in the form of salary. This process has its own characteristics. And they, of course, are spelled out in Art. 153 (Labor Code of the Russian Federation).

The thing is that employees who remain at work on weekends and non-working holidays should receive not only double wages. When it comes to overtime, they are required to be paid double the salary above the base salary. Depending on what kind of calculation you have - hourly or daily, the amount will vary. Many citizens note that sometimes paying by the hour is much more profitable than by the day. But this is not written in the laws.

Culture and media

Well, special attention should be paid to citizens who are engaged in the fields of cultural and organizational activities, as well as in the media and journalism. These people usually work not as established by the rules, but when necessary. As a matter of fact, their salaries are also calculated according to different principles. And remuneration on non-working days, as well as on holidays, has several features.

Firstly, as has already been said, all work in our current case must be paid in double amounts. Just not always. Under certain circumstances, an increase of several times is possible.

Secondly, citizens who work at exhibitions, organize events, and also work in the media and journalism usually pay special attention to the signed employment contract. And it is right. It is there that the basic rules that must be observed are prescribed. Payment on non-working holidays and weekends is included here. Just look at what conditions were set in this or that case. This is where the norms provided for in Art. 153 (Labor Code of the Russian Federation).

Agreement

Another feature provided for by our current law is, as in the previous case, an employment contract. Often, it is there that the standards that are laid down for calculating wages on non-working days or holidays are prescribed.

It does not matter what agreement was concluded - collective or not. The fact remains: all the rules that must be observed when calculating wages in one case or another are specified in the contract. The main thing is to pay attention to the fact that on weekends and holidays you should in any case receive a salary of at least double the amount. If such a clause is not provided, think about the employer’s integrity. According to modern legislation of the Russian Federation, double pay is the minimum for employees who work when they should not.

Day off

Art. 153 of the Labor Code of the Russian Federation also provides for special cases. For example, how will an employee be paid if he wants to rest for a day worked at another time. There are different rules for this. They are extremely easy to understand.

After all, if an employee takes time off for a weekend or holiday worked in a different period of time, he will not see any double salary. It turns out that work time will be paid only as it should be on a regular day. And the holiday will simply be postponed for you. It will be as if one time period is being replaced by another. And in this case you have no right to demand double salary. Only if otherwise specified in the employment contract. In practice, there were almost no such cases.

Peculiarities

In 2016, some features regarding specific employees became known. And they have already entered into legal force. Maybe everything will change, but for now there is no talk of this. For example, it is worth noting that employees who are associated with the preparation and organization of events for the FIFA World Cup in 2018 and the Confederations Cup in 2017 do not have any special features of remuneration on weekends and holidays (non-working days). That is, to them art. 153 has nothing to do with it.

What does it mean? Receipt of salary will occur according to the usual principle, which is usually done. That is, a one-time size and nothing more. Only if the labor contract specifies the specifics of wage calculation will they be observed. In principle, it is not yet known whether these norms will continue to apply. But for now they are the ones we should rely on.

As you can see, Art. has many nuances. 153 Labor Code of the Russian Federation. Payment for holidays and weekends, according to it, has several features. But it still remains simple for citizens to understand. Remember the main rule - you have the right to double salary if you do not want to replace a worked day with a day off in another period of time. If your rights are violated, do not be afraid to file a complaint. It’s not just that there are laws in the Russian Federation!

Working conditions on a holiday, a non-working day, differ from normal conditions; according to this, work on a holiday should be paid no less than double (Article 153 of the Labor Code of the Russian Federation). In the article we will look at whom an employer can hire to work on a holiday, as well as how they pay for work on holidays. Depending on the remuneration system used, payment for work on holidays will vary:

Double wages per day off is the minimum amount. Companies have the right to set a larger size. In this case, the amount of payment is prescribed in the labor or collective agreement and the local regulatory act of the organization.

Important! If you pay for work on a day off in less than what is provided for by labor legislation, then the company will be fined in the amount of 50,000 rubles.

Amount of time worked

Until recently, organizations paid for the hours an employee worked on a day off, or for the entire day, even if he worked only a few hours. Exactly how to pay was prescribed in the company’s internal documents. Currently, hours worked by an employee on a day off are paid, even if they exceed one shift.

Double payment

Payment for a holiday is calculated based on the salary or tariff rate, and allowances and additional payments are not taken into account. With the exception of employees who work in harmful and dangerous working conditions. When calculating pay for a holiday, not only the salary is taken into account, but also additional payments established in connection with harmful working conditions.

Only the hours worked by the employee are paid for the holiday, that is, it is determined how many hours (from 0 to 24) were worked on that day.

Weekend replacement

Payment for work on a holiday

Work on holidays is marked on the report card with the abbreviation “RV”. When calculating wages, all days marked in this way are paid twice. The following formula is used for calculation:

Orv = O / Nm x V x 2, where

ORV - payment for work on days off;

O – salary;

N – standard working hours per month;

В – time that the employee worked on the day off.

If an employee chooses another day of rest, this is marked on the timesheet with the abbreviation “B” and is not paid.

Let's take a closer look at an example:

Ivanov I.I. works at the company LLC "Continent". Ivanov’s salary is 30,000 rubles. On February 23, 2018, Ivanov went to work on a public holiday and worked 6 hours. The wage regulations of Continent LLC provide for payment for work on a holiday in double the amount based on the salary. Let's calculate the employee's salary for February 2018:

Based on the work time sheet in February, 19 working days (152 hours). Ivanov worked 19 days according to schedule (152 hours) and 1 day (6 hours) - work outside the schedule.

For February the salary will be:

(30,000 / 19 x 19) + (30,000 / 152 x 6 x 2) = 32368.42

Now let’s look at an example where an employee has hourly recording of working hours:

Petrov O.P. works at LLC Continent as a part-time employee. He works 4 hours a day and his salary is 15,000 rubles. Petrov worked on the day off February 23, 2018 for 3 hours. Let's calculate his salary for February:

In February, Petrov’s norm is 19 working days (76 hours). Petrov worked 20 days (79 hours), of which 19 days (76 hours) were on schedule and 1 day (3 hours) was off schedule.

(15,000 / 76 x 76) + (15,000 / 76 x 3 x 2) = 16,184.21 rubles.

If work on a holiday is scheduled

Let's look at an example:

In Kolosov G.I. in February the standard working time is 152 hours. Moreover, one work shift began on February 23 at 10:00 pm and ended on February 24 at 10:00 am, that is, part of the shift fell on a holiday day off. The employee had two breaks during this shift: from 2 to 3 o'clock and from 5 to 6 o'clock. Kolosov’s salary is 45,000 rubles, according to the wage regulations, the additional payment for 1 hour of work at night is 25% of the hourly rate, and the hourly rate is calculated from the salary and the standard hours per month.

Let's calculate the salary for a shift equal to 10 hours:

We determine the hourly rate: 45,000 rubles. / 152 hours = 196.05 rubles

Salary per shift based on salary: 196.05 rubles x 10 hours = 1,960.50 rubles;

Additional payment for night hours – 196.05 rubles x 6 hours x 25% = 294.08 rubles;

Additional payment for hours worked on a holiday: 196.05 rubles x 2 hours = 392.10 rubles

Total salary per shift: 1,960.50 + 294.08 + 392.10 = 2,646.68 rubles

Amendments to regulatory documents

How the organization pays for work on a holiday is established in the labor or collective agreement, or in the regulations on remuneration. If it is necessary to make changes to regulatory documents, companies proceed as follows: after negotiations with employee representatives, an additional agreement to the collective agreement is drawn up, after which the additional agreement is sent to the labor inspectorate for registration, and then the additional agreement is presented to the organization’s employees under the signature.

If payment for work on a holiday is established in the wage regulations, then an order is issued to change it. There is no special form for such an order; the main thing is that an acquaintance sheet is attached to it, on which all employees put their signature confirming familiarization.

If the conditions for payment for a working holiday are provided for in the employment contract, then when changes are made, an additional agreement to it is drawn up.

The wording on remuneration for work on a holiday or day off in the company’s regulatory documents will be as follows: “for work on weekends and non-working holidays, payment is made for the hours actually worked. Employees who have a fixed salary are accrued in addition to their salary:

• a single hourly rate for each hour worked, if work on a weekend or holiday was carried out within the monthly working hours;
• double hourly rate if work on a weekend or holiday was carried out in excess of the monthly working hours.”