home » Staff » Article 112 of the Labor Code of the Russian Federation. If the vacation fell on a weekend or holiday, how to calculate vacation pay

Article 112 of the Labor Code of the Russian Federation. If the vacation fell on a weekend or holiday, how to calculate vacation pay

1. Is it legal to hire employees to work on weekends and non-working days? holidays.

2. What documents are used to document work on weekends and holidays.

3. What compensation is due to employees for working on weekends and holidays.

In accordance with the Labor Code of the Russian Federation, all employees have the right to rest on weekends and non-working holidays. Moreover, the legislation establishes a direct ban on working on such days. And only in exceptional cases, the employer can involve employees to work on weekends and holidays. However, in order to prevent violations labor law, attraction to work on holidays and weekends must be properly executed and paid at an increased rate. How to do it right - read the article.

What days are weekends and non-working holidays

Weekend, that is, days of uninterrupted weekly rest, are established by the rules of the internal work schedule(Article 111 of the Labor Code of the Russian Federation). That is, it is not at all necessary that the generally accepted days off Saturday and Sunday will be days off for a particular employee. specific organization. For example, if an employee has shift work work and his work shifts fall on Saturday and Sunday, then these days are working days for him, and no special registration of work on these days is required. Or, if an employee has a six-day work week with one day off Sunday, then Saturday will be a normal working day for him, and the employer does not need to arrange and pay for work on such a day in a special way. That is a special procedure for engaging in work and payment will be valid only if the employee goes to work on his day off, established by the internal labor regulations.

WITH public holidays the situation is different: they are the same for all employees, regardless of the work schedule. Respectively, work on such days in any case provides for increased pay and compliance with the procedure for attracting to work.

The list of non-working holidays is established by Art. 112 of the Labor Code of the Russian Federation and it is closed:

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 is National Unity Day.

In some cases, additional non-working holidays may be established at the level of a constituent entity of the Russian Federation in connection with a religious holiday.

! Note: If a non-working holiday coincides with a day off, then the day off is transferred to the next working day after the holiday (part 2 of article 112 of the Labor Code of the Russian Federation). The key point here is that it is transferred exactly day off day, and the holiday is tied to a specific date. For example, in 2015, a non-working holiday on May 9 fell on Saturday, so the day off was moved to May 11. Thus, if, according to the shift schedule, the employee had to work on May 11, work on such a day is processed and paid in the usual manner, as well as on other working days. If the work shift fell on May 9, that is, on a non-working holiday, then the employer will have to comply with the conditions for attracting an employee to work on such a day and pay an increased amount for work.

Conditions for employment on weekends and holidays

In most cases, in order to attract an employee to work on a weekend or non-working holiday, the employer needs to obtain consent from him, and in writing. And only in exceptional cases such consent is not required.

The written consent of the employee is not required.

If an employee is called to work on a weekend or non-working holiday in case of emergency(part 3 of article 113 of the Labor Code of the Russian Federation):

to prevent a catastrophe, industrial accident or eliminate their consequences;
to prevent accidents, destruction or damage to the property of the employer, state or municipal property;
to perform work caused by emergency (fires, floods, earthquakes, etc.).

If an employee is involved on a non-working holiday in accordance with scheduled shifts(on their own shift) for the performance of work (Article 103 of the Labor Code of the Russian Federation, part 6 of Article 113 of the Labor Code of the Russian Federation):

in continuously operating organizations;
related to public services;
urgent repair and loading and unloading operations.

The written consent of the employee is required

In addition to the above cases, the employer has the right to involve employees to work on weekends or non-working holidays to perform urgent, unforeseen work, on the implementation of which the normal functioning of the organization (IP) depends. In this case, the consent of the employee, drawn up in writing (part 2 of article 113 of the Labor Code of the Russian Federation), is necessary.

The closest example to us: going to work for an accountant on the January holidays to compile annual reports, charges wages, contributions, etc. And although in most cases accountants, as people with a high degree of responsibility, are themselves the initiators of such "holiday" work, it is still necessary to issue a written consent. Otherwise, the employer faces liability for violation of labor laws.

Regardless of the reason for which the employer attracts employees to work on a weekend or non-working holiday, for certain categories of employees written consent is mandatory in any case. These categories include (part 7 of article 113, part 2, 3 of article 259, article 264 of the Labor Code of the Russian Federation):

disabled people;
women with children under the age of three;
mothers and fathers raising children under the age of five without a spouse;
guardians of children under the age of five;
other persons raising children under the age of five without a mother;
workers with disabled children;
employees caring for sick members of their families in accordance with a medical report.

In addition to written consent, for the legal involvement of employees from the categories listed above, it is required (part 7 of article 113 of the Labor Code of the Russian Federation):

notification of the right to refuse such work, with which the employee must be familiarized against signature;
confirmation that the employee is not prohibited from working on such days for health reasons in accordance with the medical report.

! Note: Absence from work on a weekend or non-working holiday in the absence of the written consent of the employee (in cases where it is mandatory) is not a disciplinary violation and does not entail any consequences for the employee.

Work ban on weekends and holidays

The Labor Code of the Russian Federation contains a direct ban on employing the following categories of workers on weekends or non-working holidays (even with their consent):

pregnant women (part 1 of article 259 of the Labor Code of the Russian Federation);
workers under the age of 18 (Article 268 of the Labor Code of the Russian Federation), with the exception of athletes and creative workers.

Written consent of the employee

The written consent of the employee can be issued as separate document, and be contained in the notice of engagement to work on a weekend or holiday. unified forms there is no such notification and written consent, therefore the employer has the right to develop and apply their own.

A notice of engagement to work on a weekend or non-working holiday may be addressed to each employee individually or to a group of employees, indicating their full names and positions. The second option - notification to a group of employees - is convenient when it is planned to involve several employees at once in order to "remember" to obtain the consent of each of them. The notice should include:

the date of the planned employment;
the reason for the need for such involvement;
the fact of acquaintance of the employee with the notification;
the fact of consent (or refusal) of the employee to work on a weekend or non-working holiday;
the fact that the employee is familiarized with the right to refuse to work on a weekend or non-working holiday (mandatory for certain categories of employees);
the form of compensation chosen by the employee: payment in an increased amount or an additional day of rest (indicating the date).

Issuing an executive order

Engaging employees to work on weekends and non-working holidays must be formalized in writing by the employer (part 8 of article 113 of the Labor Code of the Russian Federation). The mandatory form of such an order (order) is not provided, therefore, each employer develops it independently.

The order is drawn up on the basis of a document in which the employee's consent is expressed to work on a weekend or non-working holiday (a written consent or a notification containing such consent). The order states:

Full name and position of the employee (employees) involved in work on a weekend or non-working holiday;
date of recruitment;
the reason for the need for such involvement;
the form of compensation chosen by the employee: payment in an increased amount or an additional day of rest (with an indication of the date). If the form of compensation is not predetermined, then it can be issued by a separate order after completion of work.

Payment procedure for work on weekends and non-working holidays

For work on a weekend or non-working holiday, employees are entitled (Article 153 of the Labor Code of the Russian Federation):

payment of at least double the amount;

payment in a single amount with the provision of another day of rest.

Thus, the Code establishes only minimum payment amounts Therefore, the employer has the right to provide for increased wages. For example, instead of double payment the employer can set the pay at a triple rate, etc. Specific amounts of payment for work on weekends and holidays are fixed in a collective agreement, a local regulatory act (for example, the Regulations on wages) or in an employment contract.

! Note: The employee has the right, at his own discretion, to choose the form of compensation for working on a weekend or holiday: increased pay or pay in a single amount with the provision of another day of rest. An employer cannot "impose" a form of compensation. However, there is an exception to this rule: if the employee works on urgent employment contract concluded for up to two months. In this case, for work on a weekend or holiday, the only type of compensation is provided for him - payment of at least double the amount (part 2 of article 290 of the Labor Code of the Russian Federation).

So, we found out that work on a weekend or holiday is paid to the employee at least twice the amount or in a single amount with the provision of another day of rest, which is not paid separately. At first glance, everything is quite simple, but in practice some difficulties may arise, since the specific procedure for calculating the “increased” payment depends on the wage system used.

For clarity, the features of calculating payment for work on a weekend or non-working holiday are reflected in the table.

Wage system	Payment for work on a weekend or non-working holiday
Wage system	No other rest day provided	Another rest day provided
piecework	Not less than double piece rates	Single piece rates
Time	Not less than double the daily or hourly rate for each hour worked on such day	Single daily or hourly rate
Salary	The monthly norm of working time is not exceeded(for example, the work shift fell on a non-working holiday)
	At least at a single daily or hourly rate (part of the salary for one day or hour) in excess of the salary	In the amount of salary
	Monthly working hours exceeded(for example, if the employee went to work on his day off)
	Not less than double the daily or hourly rate (part of the salary for one day or hour) in excess of the salary	At a single daily or hourly rate (part of the salary for one day or hour) in addition to the salary

! Note: If part of the working day (shift) falls on a weekend or non-working holiday, then the hours actually worked on that day are paid double. But if the employee chose another day of rest as compensation, then he is given whole day of rest regardless of the number of hours worked on a weekend or holiday (Rostrud letters dated 17.03.2010 No. 731-6-1, dated 03.07.2009 No. 1936-6-1, dated 10.31.2008 No. 5917-TZ).

As a rule, the main difficulties are caused by the calculation of payment for work on a weekend or non-working holiday, if the employee has a salary. In this case, as can be seen from the plate, it is necessary to take into account the monthly norm of working time. Monthly working hours calculated according to the schedule of a five-day working week with two days off on Saturday and Sunday based on the duration daily work(shifts) (Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n). For example, if a worker has a 40-hour working week, then the monthly norm of working time in August 2015 is 168 hours (40 / 5 x 21).

In more detail, we will consider the procedure for calculating the payment for work on a weekend or holiday using examples.

Example 1. Work on a weekend or non-working holiday is carried out within monthly working hours.

Yu.A. Mikhailov, the operator of Pribor LLC, who works in shifts, has a 40-hour working week and a salary of 41,750 rubles. per month. In June 2015, in accordance with the schedule, Mikhailov Yu.A. worked 20 shifts (8 hours each), while one of them fell on a non-working holiday on June 12. Let's calculate the employee's salary for June 2015:

The hourly rate in June is: 250 rubles. (41,750 rubles / 167 hours)
Number of hours worked in June: 160 hours (8 hours x 20 shifts)
June salary: 40,000 rubles. (250 days x 160 hours)
Payment for a non-working holiday in excess of salary: 2,000 rubles. (250 rubles x 8 hours)
Total salary for June: 42,000 rubles. (2,000 rubles + 40,000 rubles)

In this case, work on a non-working holiday is not additionally paid, that is, the salary for June will be equal to the salary and will amount to 40,000 rubles.

Example 2. Work on a weekend or non-working holiday is carried out over monthly working time.

To the accountant of OOO "Balance" Voronina E.V. a 40-hour working week was established and a salary of 25,050 rubles. per month. In June 2015, all working days were fully worked out, in addition, Voronina E.V. was involved in work on a non-working holiday on June 12 (8 hours). Let's calculate the employee's salary for June 2015:

The employee chose an increased pay for work on a non-working holiday without providing another day of rest.

Monthly norm of working time in June: 167 hours (40 hours / 5 days x 21 days - 1 day (pre-holiday))
The hourly rate in June is: 150 rubles. (25,050 rubles / 167 hours)
Number of hours actually worked in June: 175 hours (167 hours + 8 hours)
Salary for June: 25,050 rubles. (150 rubles x 167 hours)
Payment for a non-working holiday in excess of salary: 2,400 rubles. (150 rubles x 8 hours x 2)
Total salary for June: 27,450 rubles. (2,400 rubles + 25,050 rubles)

The employee chose to provide another day of rest for work on a non-working holiday.

Payment for a non-working holiday in excess of salary: 1,200 rubles. (150 rubles x 8 hours)
Total salary for June: 26,250 rubles. (1,200 rubles + 25,050 rubles)

! Note: If an employee worked overtime on a non-working holiday (for example, instead of 8 hours he worked 9 hours), then all overtime hours are also considered holiday work. At the same time, for the entire time of work on a holiday, only one type of surcharge is charged - for work on a non-working holiday. At the same time, it is impossible to accrue additional payment for work on a holiday and for overtime work.

Income tax, personal income tax, contributions from pay for work on weekends and holidays

Accruals to employees for work on weekends and non-working holidays are part of the salary, therefore, the following amounts:

included in the income of the employee and subject to personal income tax in general order(clause 6, clause 1, article 208, clause 1, article 210 of the Tax Code of the Russian Federation);
are subject to insurance premiums to the PFR, FFOMS, FSS in full (part 1 of article 7 of Federal Law No. 212-FZ, clause 1 of article 20.1 of Federal Law No. 125-FZ);
are taken into account in income tax expenses and under the simplified tax system as part of labor costs (clause 3 of article 255, clause 6 of clause 1 of article 346.15 of the Tax Code of the Russian Federation).

At the same time, it is clearly included in expenses for tax purposes. minimum amount payment for work on a weekend or non-working holiday, accrued in the amounts established by the Labor Code of the Russian Federation: double if another day off is not provided, and in a single amount if another day off is provided.

As for the inclusion of increased payment in expenses, in the part exceeding the minimum established by the Labor Code of the Russian Federation, there is no unambiguous position of the regulatory authorities on this matter. Thus, the Ministry of Finance spoke out against including in expenses the amounts of payment for work on weekends and holidays in excess of those established by the Labor Code of the Russian Federation (Letter of the Ministry of Finance of Russia dated 04.03.2005 No. 03-03-01-04 / 1/88). However, the Federal Tax Service considers it possible to include in tax expenses the full amount accrued for work on weekends and holidays (Letter of the Federal Tax Service of Russia dated April 28, 2005 No. 02-3-08 / 93). Thus, the taxpayer has the opportunity to defend the legitimacy of including in the expenses the entire amount accrued for work on a weekend or holiday. At the same time, do not forget that the costs must be justified and documented. That is higher pay in without fail must be fixed in internal administrative documents, and the need to involve reflected in the relevant order.

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Normative base

Labor Code of the Russian Federation
Tax Code of the Russian Federation
Federal Law No. 212-FZ dated July 24, 2009 “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”
Federal Law No. 125-FZ of July 24, 1998 “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”
Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n “On approval of the procedure for calculating the norm of working hours for certain calendar periods of time (month, quarter, year) depending on the established working hours per week”
Letter of the Ministry of Finance of Russia dated 04.03.2005 No. 03-03-01-04/1/88
Letter of the Federal Tax Service of Russia dated April 28, 2005 No. 02-3-08/93
Letters from Rostrud

dated 17.03.2010 No. 731-6-1,
dated 03.07.2009 No. 1936-6-1,
dated October 31, 2008 No. 5917-ТЗ

How to get acquainted with the official texts of these documents, find out in the section

Let's 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 established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

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

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

FOR YOUR INFORMATION

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

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

CONDITIONS FOR INVOLVING TO WORK ON WEEKENDS AND HOLIDAYS

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

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

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

Sometimes obtaining employee consent to perform job duties weekends are 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

When emergencies 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 registered in internal position about wages.

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

Notification

dated 19.05.2017 No. 5

Need to work on weekends

Dear Oleg Ivanovich!

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

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

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

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

Director of Ritm LLC Klimanov V. M. Klimanov

Back side of the notice

Acquainted with the notice.

Agree to go to work 20 » May 2017

Exit conditions: Double pay for weekend work .

Medical contraindications for work: I do not have .

Storekeeper Ivanov O.I. Ivanov 19.05.2017

PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS

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

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

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

IT IS IMPORTANT

The amount of payment for work on a weekend or non-working holiday, prescribed in the collective agreement, local regulations 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 faces a fine in the amount of 1000 to 5000 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 determined by dividing the employee's salary by the number of working days in the month production calendar for which the salary is calculated.

For calculation hourly rate two options can be used.

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

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

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

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

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

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

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

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

60 000 rub. / 20 days = 3000 rubles.

2. We will calculate the payment on a holiday.

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

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

3000 rub. × 14 days = 42,000 rubles.

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

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

E. V. Akimova, auditor

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

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ST 112 of the Labor Code of the Russian Federation:

Non-working holidays in the Russian Federation are:

1, 2, 3, 4, 5, 6 And January 8- New Year holidays;
Jan. 7- Nativity;
February 23- Defender of the Fatherland Day;
March 8- International Women's Day;
1st of May- Labour Day;
9th May- Victory Day;
12 June- Russia Day;
November 4- National Unity Day.

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees other than salaried employees ( official salary), for non-working holidays, on which they were not involved in work, additional remuneration is paid. The amount and procedure for paying the specified remuneration are determined by agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization,. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

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

In order to rationally use weekends and non-working holidays by employees, days off can be transferred to other days federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, 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 of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

Commentary on article 112 of the Labor Code of the Russian Federation:

The commented article establishes a list of non-working holidays that applies to the entire territory of the Russian Federation.

Subjects of the Russian Federation may establish other non-working holidays on their territory, taking into account the national and cultural characteristics of the region. One of these holidays is January 7 - Christmas. Its fixation as a holiday throughout the country can be perceived by some as an infringement of the religious feelings of believers of other faiths, so the republics that are part of the Russian Federation may declare religious holidays of other faiths a non-working day. This is fully consistent with Art. 28 of the Constitution of the Russian Federation, which guarantees freedom of religion to every citizen.

In addition to the generally established non-working holidays, there are professional holidays(Metallurgist's Day, Teacher's Day, Builder's Day, etc.), which are timed to days off according to the calendar. If such holidays fall on working days, then exemption from work in practice is carried out on the basis of a collective agreement, an order (instruction) of the enterprise administration.

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday. On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations or work due to the need to serve the population, as well as in connection with urgent repair and loading and unloading operations).

In order to rationally use weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer days off to other days.

In cases where a day off is transferred to a working day, the duration of work on this day must correspond to the length of the working day on which the day off is transferred (see the procedure for calculating the norm for certain calendar periods (month, quarter, year), depending on the established duration working hours per week, approved by the Order of the Ministry of Health and Social Development of Russia N 588n<1>).

Part 3 of the commented article corresponds to the International Covenant on Economic, Social and Cultural Rights<1>to which States Parties to the Covenant recognize the right of everyone to fair favorable conditions labor. These conditions include rest, leisure, reasonable limits on working hours and periodic holidays with pay, as well as remuneration for work on public holidays (Article 7(d) of the Covenant). Remuneration for working on public holidays is also provided for in the European Social Charter (Revised) adopted in Strasbourg According to the Charter, the States that are members of the Council of Europe and signatory to the Charter, in order to ensure the effective exercise of the right to fair working conditions, undertake to establish public holidays with pay (p 2 article 2 part II of the Charter).

Part 4 of the commented article enshrines the norm, which provides that non-working holidays should not affect the wages of an employee receiving a salary (official salary). Unfortunately, this norm, which is a guarantee for this category of workers, does not include such guarantees for workers whose work is paid in other forms. It seems that in relation to employees who do not receive payment in the form of a salary, these issues should be regulated by a collective agreement or a direct agreement between the employee and the employer.

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

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.

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the internal labor regulations.

Comments to Art. 111 Labor Code of the Russian Federation

1. The employer is obliged to provide all employees with a mandatory weekly rest, the duration of which cannot be less than 42 hours (Article 110 of the Labor Code).

The common day off for both 5- and 6-day working weeks is Sunday. Due to the fact that both days off with a 5-day working week are provided, as a rule, in a row, the second day off in practice, in accordance with the collective agreement or internal labor regulations, is Saturday or Monday.

With the summarized accounting of working time (Article 104 of the Labor Code), days off are provided to employees in such a way as to ensure the norm of the duration of the weekly uninterrupted rest (Article 110 of the Labor Code) on average for the accounting period.

2. With a 5-day working week, employees are provided with 2 days off every calendar week, except for those weeks when, on one of the days off, the shortfall is compensated according to the schedule to the norm of working hours. This occurs when the sum of hours for 5 work shifts is less than the weekly norm. The defect is reimbursed on one of the two days off, which according to the schedule is declared a working day. Usually, the shortfall is paid off as it accumulates during the accounting period.

For all workers, both regular and reduced hours, schedules must maintain an annual balance of working and non-working hours.

The specific duration of the weekly rest is determined by the type of working week and the mode of work. With a 6-day working week, the duration of the weekly rest corresponds to the established minimum.

With a 5-day working week, weekly rest exceeds 42 hours, since workers enjoy 2 days off. If, according to the conditions of production, the provision of 2 days off in a row is impossible, then the second day off of the weekly rest is set in accordance with shift schedules or internal labor regulations.

3. If a day off and a non-working holiday coincide, the day off is automatically transferred to the next working day after the holiday (Article 112 of the Labor Code).

In connection with numerous questions related to the duration of work on a day off, transferred to a working day due to a holiday, the Ministry of Labor of Russia clarified: 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 (former day off) should correspond to the length of the working day to which the day off was transferred (Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 "On approval of the clarification" On the duration of work on a day off, transferred due to a holiday to a working day ").

4. Article 262 of the Labor Code provides for the right of one of the parents of children with disabilities to provide, upon his written application, 4 additional paid days off per month, which can be used by one of the named persons or divided by them among themselves at their discretion.

According to the clarification of the Ministry of Labor of Russia and the FSS of the Russian Federation of April 4, 2000 N 3 / 02-18 / 05-2256 "On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for children with disabilities" 4 additional paid days off for caring for children with disabilities and people with disabilities from childhood until they reach the age of 18 are provided in a calendar month to one of the working parents (guardian, trustee) at his request and are issued by order (instruction) of the administration of the organization on the basis of a certificate from the authorities social protection of the population about the disability of the child, indicating that the child is not kept in a specialized children's institution (belonging to any department) at full state support. The working parent also submits a certificate from the other parent's place of work stating that at the time of the application, additional paid days off in the same calendar month have not been used or partially used.

In cases where one of the working parents partially used the specified additional paid days off in a calendar month, the other working parent is provided with the remaining additional paid days off for care in the same calendar month.

Summation of additional paid days off provided for the care of children with disabilities or disabled since childhood, for 2 months. or more is not allowed.

Additional paid days off not used in a calendar month by a working parent (guardian, custodian) due to illness are provided to him in the same calendar month, provided that temporary disability ends in the specified calendar month.

5. On the provision of additional days off for persons combining work with study, see Art. Art. 173, 174 of the Labor Code and comments on them.

6. Women working in rural areas are given, at their request, 1 additional day off per month without pay (Article 262 of the Labor Code).

7. Employees on a business trip use weekly rest days at the place of business trip, and not upon returning from it, because they are subject to the working hours and rest time of the organization that sent them. The exception is cases when, by order of the employer, the employee goes on a business trip on a day off; then he is given another day of rest upon his return from it.

In practice, this procedure is also applied in cases of going on a business trip by order of the employer on a holiday non-working day.

8. In organizations where work cannot be interrupted due to the need to serve the population (shops, consumer services, theaters, museums, etc.), days off are set local authorities self-government. With the summarized accounting of working time, the weekly rest time is also summarized and provided on average for the accounting period.

9. An additional monthly day off may be granted without pay on a written application to one of the parents (guardian, trustee, foster parent) working in the Far North and equivalent areas with children under the age of 16 years.

Weekend work for Labor Code not allowed. However, there are some exceptions where employees may be required to work on weekends with or without their consent. Let's talk about these cases, as well as how to pay for work on a day off, 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 cannot be involved in such work (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.

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 of age is possible not only with their written consent, but also provided that there are no medical contraindications for working 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 firm monthly salary, payment for work on weekends and holidays is made on the basis of 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 limits of working time for a month are exceeded, 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 - 2019" .

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 labor on weekends for some categories of employees (pregnant women, minors) is prohibited.