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

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double 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) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working hours.

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

An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.

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

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

Commentary on Art. 153 Labor Code of the Russian Federation

1. Compensation established by law for work on weekends and non-working holidays may be in the form of additional payment or provision of additional rest time.2. Only the lowest limit of wages for work on weekends and non-working holidays is legally established - separately for pieceworkers and separately for time workers, taking into account the varieties of the time-based wage system (hourly, daily or monthly) .3. Specific amounts of remuneration for work on weekends and non-working holidays are established collectively and individually by agreement, by a local normative act, adopted taking into account the opinion of the representative body of workers (see commentary to Article 372 of the Labor Code). In accordance with the List of professions and positions of creative workers, the remuneration of these persons on weekends and non-working holidays can be determined on the basis of a collective agreement, a local normative act, an employment contract (see also the commentary to Article 351 of the Labor Code).

Judicial practice under article 153 of the Labor Code of the Russian Federation

Determination of the Supreme Arbitration Court of the Russian Federation of November 10, 2008 N 14325/08 in case N A42-4563/2007

Recognizing the representation in the disputed part as illegal, the courts, as a result of analyzing the provisions of Articles 11, 33 of the Law of the Russian Federation of February 19, 1993 N 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Localities", articles, the Labor Code of the Russian Federation, came to the conclusion that the fact of misuse budget funds not proven, contested submission in terms of imposing the obligation to pay to the budget Money violates the applicant's rights.

Determination of the Supreme Court of the Russian Federation of May 21, 2010 N 8-B10-2

As can be seen from the case file and established by the court when resolving the dispute, T. from June 1, 1990 has been working as a teacher of technological labor in the Municipal educational institution"Kamennikovskaya secondary school", since June 1, 2006, the plaintiff also acts as a part-time watchman, works in a 12-hour work shift according to the schedule approved by the defendant. The official salary (tariff rate) for the watchman's work performed by T. is 1,913 rubles, which corresponds to the tariff rate (salary) of the 2nd category of the Unified tariff scale for remuneration of employees of municipal institutions of the Rybinsk municipal district. Additional payments for work at night and holidays were made to the plaintiff in accordance with the Regulations on the remuneration of employees of the MOU Kamennikovskaya secondary secondary school and the provisions of Art. Art. , Labor Code of the Russian Federation. The law does not contain a prohibition to establish an official salary less than the minimum wage. Additional payments to the plaintiff for work at night and on holidays are legitimately calculated in relation to the salary, while the monthly salary of the plaintiff as a watchman is not less than the minimum wage, violations of the plaintiff's labor rights were not allowed.

Determination of the Constitutional Court of the Russian Federation of December 8, 2011 N 1622-О-О

By the decision of March 1, 2011, his claims were partially satisfied: having established that in 2009 A.N. Gorkunov worked 108 hours of overtime, of which 48 hours were compensated for him by providing additional rest time, 60 hours were payable, and in total he was to be paid 2,930 rubles. 21 kop., Usolsky City Court of the Irkutsk region came to the conclusion that, taking into account the amounts already paid to the plaintiff, 632 rubles should be recovered in his favor. 86 kop. - payment for overtime work, 15,000 rubles. - the cost of paying for the services of a representative and 1500 rubles. - Compensation for moral damage. Determining the amount due to the plaintiff for hours of overtime, the court, referring to the provisions of the articles and the Labor Code of the Russian Federation, indicated that when paying for overtime, only the salary for the position held is subject to accounting, and other components wages should not be taken into account. Determination of the Judicial Collegium for Civil Cases of the Irkutsk Regional Court dated April 29, 2011 this decision left unchanged.

Determination of the Supreme Court of the Russian Federation of February 15, 2013 N 81-KG12-8

Considering that, in accordance with the article of the Labor Code of the Russian Federation, payment for work on weekends or holidays should be made at least twice the amount, the plaintiff asked the court to recover in his favor for 50 days of work ... rubles, based on average daily earnings. .. rub., ... kop.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 25, 2015 N 5-KG14-161

Refusing to satisfy the claims of Sokolova F.R. regarding the collection of funds for the admission of patients under the system of compulsory medical insurance, the court of first instance, referring to the Regulations on the remuneration of employees of the Federal State Budgetary Institution "Polyclinic N ...", came to the conclusion that payment for the number of performed medical appointments in FGBU "Polyclinic N ..." is not provided. In addition, the court of first instance, guided by the article of the Labor Code of the Russian Federation, indicated that the plaintiff's fulfillment of his job duties on Saturdays, based on the mode of operation of the polyclinic for a six-day working week and the monthly norm of working time, is not subject to additional payment.

Determination of the Constitutional Court of the Russian Federation of July 16, 2015 N 1626-O

As regards the disputed provision of the Article of the Labor Code of the Russian Federation, by giving an employee who worked on a day off or non-working holiday the opportunity to receive a day of rest in exchange for increased pay, it cannot be regarded as restricting the applicant's right to rest, also taking into account the fact that E.V. Kozlov, as follows from the court rulings, filed his application for rest days in exchange for work on weekends and non-working holidays after the date from which he would like to receive these rest days.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated November 21, 2016 N 56-KG16-22

Resolving the dispute and making a decision on partial satisfaction of the claims of Zelikov A.I., the court of first instance, with reference to the articles,,, of the Labor Code of the Russian Federation and the order of the Ministry of Defense of the Russian Federation dated April 23, 2014 N "On measures for the implementation in the Armed Forces of the Russian Federation Decree of the Government of the Russian Federation dated August 5, 2008 N "approving the Regulations on the wage system civilian personnel military units and organizations of the Armed Forces of the Russian Federation, came to the conclusion that the actions of the FKU "UFO MO RF for the Primorsky Territory" to pay the plaintiff for work on weekends and non-working holidays, without taking into account the incentive and compensation payments accrued to him, provided for by the named Regulations on the system remuneration, do not comply with applicable law and violate it labor rights.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of December 12, 2016 N 56-KG16-28

Resolving the dispute and deciding on partial satisfaction of the claims of Kobzarev P.K., the court of first instance, with reference to the articles,,, of the Labor Code of the Russian Federation and the order of the Ministry of Defense of the Russian Federation dated April 23, 2014 N "On measures for the implementation in the Armed Forces of the Russian Federation of the Decree of the Government of the Russian Federation dated August 5, 2008 N ", which approved the Regulations on the system of remuneration of civilian personnel of military units and organizations of the Armed Forces of the Russian Federation, came to the conclusion that the actions of the FKU "UFO RF Ministry of Defense in Primorsky Krai" on payment to the plaintiff for work on weekends, without taking into account the incentive and compensation payments accrued to him, provided for by the named provision, do not comply with current legislation and violate his labor rights.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of December 12, 2016 N 56-KG16-30

Resolving the dispute and deciding on partial satisfaction of the claims of Balura G.B., the court of first instance, with reference to the articles,,, of the Labor Code of the Russian Federation and the order of the Ministry of Defense of the Russian Federation dated April 23, 2014 N "On measures for the implementation in the Armed Forces of the Russian Federation of the Decree of the Government of the Russian Federation dated August 5, 2008 N ", which approved the Regulations on the system of remuneration of civilian personnel of military units and organizations of the Armed Forces of the Russian Federation, came to the conclusion that the actions of the FKU "UFO RF Ministry of Defense in Primorsky Krai" on payment to the plaintiff for work on weekends and non-working holidays, without taking into account the incentive and compensation payments accrued to him, provided for by the named provision, do not comply with current legislation and violate his labor rights.

Pay extra for work on weekends and holidays in 2020 or provide time off. In the article you will find the procedure for processing and paying for work on weekends and holidays in 2020.

How to pay for work on weekends and holidays in 2020

According to the rules of the Labor Code, for work on a weekend or holiday, an employee is paid a salary of at least double the amount (Article 153 of the Labor Code). But note that the employer must double not only the salary, but all compensatory and incentive payments that are included in the wage system. For example, a monthly seniority bonus. But don't count quarterly and annual bonuses. Take into account the payments accrued for the month in which the employee processed. You can calculate payments to employees in the Bukhsoft program.

Hours of work in excess of the norm of working time on a weekend or non-working holiday are not paid according to the rules for overtime. The company has already increased the pay for these hours by at least twice the rules for weekends and holidays. The employee is not allowed to re-index processing.

Overtime work on a normal day is paid as follows:

• the first two hours of processing at least one and a half times;
• subsequent hours are no less than double.

Who can be attracted to work on weekends and holidays in 2020

Management may ask an employee to come to work on a weekend or holiday. To do this, you need to issue a written order. In addition, it is necessary to obtain the written consent of the employee (Article 113 of the Labor Code of the Russian Federation). Read more about how to issue an order for an employee to work on a day off, experts from the Glavbukh System told.

The Labor Code has a special article 113, which gives the employer the right in some cases to call an employee on a weekend or non-working holiday. For example, if on a weekend you need to complete an urgent task, on the completion of which the normal work of the organization depends.

IN emergency situations the consent of the employee to work on a day off is not required (part 3 of article 113 of the Labor Code of the Russian Federation). So, the employee is obliged to go to work to prevent industrial accidents and accidents, to eliminate the consequences of a fire, flood or other emergency. In all other cases, it is the right of the employee to refuse to work on the day of rest.

There are categories of employees who need to be asked to go on a day off special rules. Namely (Articles 113 and 259 of the Labor Code of the Russian Federation): disabled people, women with children under three years old, single mothers or fathers with children under five years old, workers with disabled children or caring for a sick family member. They can work on weekends or holidays only if three conditions are met. First, the employee is aware of his right to refuse additional work. Secondly, a written consent was received from him to work on the day off. And finally, the third condition is that work is not prohibited to a person for health reasons.

Commentary on Article 153

1. On the procedure for engaging in work on weekends and public holidays, see Art. 113 TC and commentary to it.

2. Article 153 of the Labor Code establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest.

The right to choose the type of compensation belongs to the employee. Since involvement in work on weekends and non-working holidays is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application by the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made.

3. When an employee chooses an increased payment, it is made at least in double the amount. The procedure for determining the amount of payment depends on the system of remuneration:

With a piecework payment system, piecework rates are applied, increased by at least two times;

With a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice;

With a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working time, to official salary an additional payment is established in the amount of at least an hourly or daily tariff rate;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was performed in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily wage rate is established to the official salary.

The specific amount of payment for work on weekends or non-working holidays is established in accordance with Part 2 of Art. 153 of the Labor Code in a collective agreement, a local regulatory act or in an employment contract. If such amount is not established by contract, payment should be made in accordance with Art. 153 TC in double size.

In any case, hours actually worked on a weekend or non-working holiday are subject to increased payment.

4. When an employee chooses compensation in the form of providing another day of rest, the time for using this day must be agreed with the employer. The use of another day of rest without the consent of the employer should be considered as a violation of labor discipline by the employee.

Since work on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an entire additional day of rest should be provided. An additional day of rest is not payable.

5. Special rules for wages on weekends and non-working holidays are established for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance ( exhibiting) works of professional athletes. On the one hand, the nature of the activities of such workers and such organizations involves their work on weekends and holidays, on the other hand, these workers are equally covered by the guarantee norms of labor legislation. Based on this, part 4 of Art. 153 of the Labor Code provides that an increase in the wages of these persons on weekends and non-working holidays is established by an employment contract, a collective agreement or local regulations of the organization, but is not limited to a minimum amount.

Article 153 of the Labor Code of the Russian Federation acts as a legal standard regulating the process of labor activity during the weekend. Behind labor activity payment is made according to staffing organizations and regulated labor laws. Labor activity during holidays or days off is paid at several rates, which has a legal basis. Labor legislation regulates the relationship of both participants in the process. Legal side and obligations, billing is regulated in accordance with established rules and laws.

Specifics of Article 153

Double pay on weekends and holidays is the minimum required by law for all citizens. Employment during a public holiday or weekend is stipulated in the Labor Code. Legal regulations and the prescribed remuneration are mandatory for the employer, evasion of payments entails penalties and administrative punishment.

The nuances are defined by law and consist of the following aspects:

1. Payment to the pieceworker is made at a double salary according to the established, approved rates.
2. For an ordinary employee, work during rest is paid according to the rate. The rate consists of a tariffication, which includes an hourly or shift salary established by the general rules.
3. An employee who receives a fixed salary has the right to receive additional payments when going to work outside work time. The amount of the payment does not exceed the established tariffication of the hourly or daily salary, which is provided by the governing bodies.

Payment is made according to the law, the employee works overtime or goes to work on a day off, then the employer is obliged to pay the output in two times.

Each organization and company with a permanent staff makes up a collective employment contract. The document has legal force and has specific powers, which are determined by general meetings by voting. The point of payment for labor activity is negotiated at the meeting. With the help of voting, you can set the due payments.

The contract controls the main aspects of the activity, with the help of the document, the employees themselves are able to set standards in accordance with current law and regulate payments, compensation. The employee has the right to receive time off instead of material remuneration, having agreed on the nuances with the management. The choice to go to work on a weekend or a holiday is paid with one salary, and the day of rest is not payable.

Control Rules

Citizens who are engaged creative views activities: actors, theater workers, television employees, those citizens who work on weekends, their remuneration is determined by a local regulatory act. Different areas of activity have their own control levers, which not only regulate the process of payments, but also resolve controversial issues related to processing.

Basic rules governing activities:

1. The main thing that a citizen should know is that payment is made in double size. If necessary, in coordination with the authorities, employees receive time off on any day. The possibility of obtaining a day off depends on the type of activity and the reality of such a replacement.
2. The laws provide only minimum amount payments. Different amounts are assumed for the employee and employer, and payments are also adjusted using a collective agreement.
3. The amount is formed with the help of a general meeting, clarifications are written in the employment contract when applying for a job. The collective agreement controls the execution of the order.
4. For creative professions, labor legislation provides for payments for work on weekends. Local normative document contains information on a specific type of activity and indicates a fixed cost of processing during the weekend.

Payments are controlled not only by the accounting department, but also by the controlling tax authorities, which monitor the correctness of the transfers. The rules are the same for all organizations, but there may be deviations from the uniform format. These clarifications are included in about internal organization or company documentation. The nuances are approved by the accounting department and the commission.

The schedule of a citizen is purely individual, it is determined by a labor document. The distribution of working time occurs in advance, regulated by labor documentation. If the work schedule is irregular, then this item is included in the contract for signing when applying for work as agreed by both parties. In this situation, the time of weekly working off cannot exceed the limits established by law.

An incomplete work schedule is formulated in several ways:

• the employee is engaged in activities for several hours throughout working week;
• The employee works several days a week.

The schedule is drawn up according to the established internal regulations of the organization. The citizen, following the instructions, distributes his working time according to the established labor framework.

A part-time work schedule can create difficult situations due to the lack of accurate working hours. The employer leaves the employee to complete his duties for a time after the past work schedule, this is considered processing, but due to the lack of a schedule, it is difficult to prove the right to receive payments.

There is no strict clause in the legislation in relation to irregular working hours, because most citizens work in several jobs at the same time for a predetermined amount.

According to the law, irregular overtime applies only to employees who work several days a week under an employment contract. Fundamentally, for a person who works every day, but not the full number of hours, an irregular schedule does not apply.

The legislation provides for clarifications to the usual articles and bills. Changes are made according to the session or order, which is a clarification to the previously adopted law. Labor legislation fully controls all areas of relationships between employees and company management.

The clarifications relate to different parties and suggest the following points:

1. A citizen, entering a job, signs an employment contract, which explains all the nuances, duties and powers of the activity of a particular employee. The prescribed amounts are minimal, payments are increased through a joint agreement, securing compensation by a collective agreement.
2. Compensation is a prerequisite for calling an employee after hours. The employee independently chooses incentive measures. The collective agreement provides for the amount of payments.
3. The collective agreement provides for loyal benefits for all citizens who go to work on their day off; the document regulates payments and amounts.
4. Part one of Article 153 establishes minimum payment, which is added to the salary when the schedule is revised. Athletes, artists receive compensation in accordance with the standards. The only difference between an ordinary worker and an artist is the fact that a local regulatory act is drawn up: artists and creative people sign the document alone.

Article 153 has clarifications that relate to different areas human activities that affectand the amount of the salary due to the specifics of their activities.

The article is amended, according to which only specific hours are paid. The processing time is entered into the internal journal of the organization and noted by the manager and employee.

Before the amendments, a citizen, when going to work on a day off, received payments for an 8-hour working day. Today, the amendment has changed these points, the employee receives money only for a predetermined time.

To save your money, this option is more acceptable to the employer. The process of labor activity during non-working hours occurs in the following order:

• the employer calls the employee on the day off, specifying the range of his work;
• a note is made in the internal journal about the number of hours worked;
• the employee receives remuneration when receiving a salary.

Such frameworks have become tougher in relation to employees, but their work is paid by the hour, which is provided for by law. Changes are regularly made to the Labor Code. The amendments are influenced by many factors, both external and internal, which regulate the process of human labor activity.

Updates are regularly added to Labor Code. They regulate hourly wages for providing their services outside of working time . The recycling process mustbe confirmed by a document that is drawn up on the basis of the overtime work done and signed by the employee. Without a document, an employee does not have the right to agree to overtime hours.

Cancellation of overtime during holidays

Article 152 indicates that when recalculating overtime hours, processing for a day off is not paid. Under such circumstances, the possibility of receiving double payment is excluded. Prior to the amendments, an employee, having worked more than 8 hours on a day off than established by law, received not only the established rate, but also for the overtime hours that he worked on his day off. Previously, there was uncertainty about this issue, with the amendment everything has changed.

Today, such a working day is paid twice the amount, excluding overtime. Latest updates:

1. Payment is made hourly.
2. Processing more than 8 hours is not paid extra.
3. Overtime has been cancelled.

Amendments to the law were made in 2017, since then there has been a single law for the payment of overtime.

Payment depends on the standard established by the Labor Code. The legislation provides only compensation for overtime, there are no other preferential categories.

The state also does not provide for incentive provisions that can stimulate employees to interact as needed.

If a citizen is faced with injustice towards him during the processing of the allotted time, then his actions:

• contact the administration with a request;
• apply to the court by filing a claim;
• for a favorable outcome, they provide supporting information, records, the internal journal of the organization.

Violation of workers' rights is described in a separate article in labor law. Processing is paid in without fail in accordance with the standards established by law.

Litigation is an extreme measure that is used when a leader evades the performance of established duties. The statement of claim is filed by the employee personally, indicates briefly the reasons for his actions, attaches documents, facts that will help resolve the dispute.

Reinstatement through the court Xia violated rights, but managers try to avoid such a fate and carry out all the required procedures legal.

in particular article 153,regulates compensation, payments for going to work on a day off. The citizen independently chooses the method of encouragement: this is an additional day off or payment of the rate in two times the calculation. Involve an employee in such labor activity by means of a written approval of a legislative decision. When drawing up a written agreement, the boss and employee prescribe all aspects of labor activity, including the method of remuneration.

If an employee chooses double payment, then there is an order for the formation of the payout amount:

1. Piecework payment is used regularly in many enterprises. During processing, the employee receives payments in the amount of an increased piece rate.
2. Hourly pay for labor activity is provided for by the documentation of the organization, this amount is doubled and paid to the employee when leaving for the workplace on holidays.
3. The time-based wage system with a monthly salary assumes an established standard. If labor activity was carried out within a monthly time, then an additional payment in the amount of the established tariff rate is added to the salary.
4. If the company has a fixed monthly salary or hourly wage, then the employee, having worked more time than expected, receives a double bonus at the end of the month. The amount depends on the hourly, daily billing.

The specific amount is established by the internal documents of the organization, the collective agreement or the local agreement of a particular employee. In the absence of such documents or the blurring of data regarding paymentpayments are made in accordance with article 153 TK RF.

Changes since 2017 have made adjustments to the calculation for the processing of time holidays. Hours that have been overtime overtime are not considered overtime.

Overtime is the activity that is performed after the end of the established schedule. If we specify the concept, then any labor activity is overtime if it is initiated by the boss. At the same time, a document is concluded that describes all aspects of processing.

Processing is paid without fail, because the employee spends personal time on the implementation of tasks. Article 152 contains information regarding payment for overtime work:

• for the first two hours of processing, the payment increases by one and a half times;
• subsequent processing time at a double rate.

Such rules are acceptable for those organizations that do not have other amounts entered in the collective agreement, labor document. The employee receives overtime compensation along with salary. Payments are part of the salary, so the accounting department calculates according to the established tariffication.

Night work also has its own specifics, each hour is paid with at least a 20% surcharge of the established hourly amount. Processing at night is compensated by a higher surcharge, which is provided and controlled by law.

The Labor Code regulates various aspects of labor activity, which are provided for by laws and legal regulations. Remuneration is made in accordance with the adopted internal document. Processing is paid in double the amount according to the processed time.

Payment is charged for each hour, this nuance was introduced through recent changes in labor law. Night shift paid based on the established standard. Payment amounts are controlled by collective agreements, local documents or labor documentation signed by the employee.

In June 2018, the Constitutional Court passed an important ruling. If your organization has a practice of requiring employees to work on weekends or holidays, pay attention to the ordinance. The legal position of the Constitutional Court of the Russian Federation concerns the procedure for remuneration on weekends.

From this article you will learn

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Article 153 of the Labor Code of the Russian Federation

Article 153 of the Labor Code of the Russian Federation in the current version has been in force for quite a long time. This rule establishes the procedure for settlements for weekends or holidays. General rules quite familiar, they have been applied since the beginning of the adoption of the Labor Code of the Russian Federation, a similar procedure was in effect in more early times when employers were guided by the Labor Code in their activities.

The main rule, which is established by Article 153 of the Labor Code of the Russian Federation, is that wages on a day off are not less than double. At the same time, the specific procedure for calculating payments under Art. 153 of the Labor Code of the Russian Federation will depend on the remuneration system used in the organization.

• Atpiece system , an employee for work on his day off will receive a double piece rate.
• or daily pay the calculation is based on a double rate. To calculate the salary for a day off, multiply the established hourly (daily) tariff rate by two.
• With fixed salary system, the amount of remuneration will depend on whether work is performed in excess of the norm of working hours or within the limits of this norm.

Working within normal working hours	Overtime work
If the employee’s schedule is drawn up in such a way that it falls on a holiday, but in general this schedule corresponds to the norm of working hours, the employee will receive an additional single wage rate (hourly or daily) for work on that day for the entire time of work on a holiday. This payment is made in excess of the established salary.	If an employee goes to work on his day off according to the schedule, he receives an additional . This payment is also made on top of salary. This situation is the most common and applies to cases where, for example, employees with a standard five-day work week schedule go to work on Saturday, Sunday or on a holiday.

Answer prepared in collaboration with the editors

Answered by Nina Kovyazina
Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia

How to comply with the requirements established by Article 153 of the Labor Code of the Russian Federation?

The court concludes that the provisions of Article 153 of the Labor Code of the Russian Federation do not contradict, that is, they comply with the Constitution. But at the same time, the Constitutional Court of the Russian Federation draws an important conclusion. Based on the legal position of the Constitutional Court of the Russian Federation, when calculating the amount of accrual for work on weekends or non-working holidays, it is necessary to take into account not only tariff rates (salaries), but also other compensation and incentive payments provided for in the organization.

Important! Article 153 of the Labor Code of the Russian Federation establishes the minimum amount of guarantees, but if an employee is paid compensation or incentive payments in addition to the salary (tariff rate), they must be taken into account when paying for work on a day off.

What should an employer do in this situation? Provide a specific procedure for calculating the payment for the day off in the local act of the organization, for example, in