Shortened working day before the holiday. Shortened working day. Shortened pre-holiday working day according to the Labor Code of the Russian Federation. The procedure for issuing a shortened working day

Questions about working time regimes are defined in the Labor Code. The working regime on the pre-holiday day is established in Article 95. In accordance with it, the duration of the working day on such a day must be reduced by one hour.

According to the legislation, a shortened pre-holiday day is recognized:

That working day that goes before the public holidays of Russia.
It should be understood that only those holidays that are prescribed in the Labor Code, in Article 112 are recognized as public holidays. Such holidays are:

From the first to the fifth of January - the celebration of the New Year;
January 7th - Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
The first of May is Labor Day;
May 9 - Victory Day;
June 12 - Independence Day of Russia;
The fourth of November is National Unity Day.

Rules for reducing pre-holiday days

Work on the eve of the holiday according to the Labor Code is reduced in accordance with the following rules:

The pre-holiday working day to be reduced must go right before the public holiday. If the holiday fell on a Monday, then Friday is not recognized as a pre-holiday day, and, therefore, will not be shortened.
The work shift on the pre-holiday working day is reduced for absolutely all employees: for those who work on a five-day or six-day working week; for those who work part-time, and for those who work part-time or part-time.
If before a holiday, working and non-working days are replaced (for example, any day of the working week and Saturday are replaced), then the working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself. If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.

An alternative to reducing the length of the work shift

There are the following nuances of reducing pre-holiday days:

Not in all organizations, employers have the opportunity to shorten the duration of the pre-holiday working day for their employees. The Labor Code, in this regard, provides that the working day may not decrease. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order to be able not to shorten the working day, the directors of such companies must correctly draw up all the necessary papers.
There are cases when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position held by the employee and the obligations he performs. All directors of companies must draw up a list of positions in which the duration of the pre-holiday working day is not reduced, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
All employers who have not reduced the length of the pre-holiday day are required to compensate for this. Compensation is carried out in the form of a cash payment for the processed time or in the form of the provision of additional. rest on other days.

01/30/2020 We have a seasonal recession, we cannot provide workers with work "to the fullest". Employees agree to temporarily switch to part-time work. Those. not in accordance with Art. 74 of the Labor Code of the Russian Federation, namely by agreement of the parties. What is important to consider when applying for our situation?

01/27/2020 “On Monday, an employee reported that he had signed up for Wednesday with a gastroenterologist and asked to document his absence. The director refused to release the employee on Wednesday (allowed on Friday). What to do? Does the director have the right not to let the employee go to the doctor if the employee does not have a certificate of incapacity for work and this is not a medical examination, not a medical examination, but only a personal initiative of the employee to go to the doctor? Will it be possible to punish an employee for unauthorized visits to the doctor?

01/15/2020 A fixed-term employment contract for one month was concluded with a pensioner. Is it possible to bring him to work on a holiday?

12/23/2019 The media are full of reports that one or another governor has moved a day off in the region from December 28 to December 31 for everyone. And allegedly employers listen, and the people rejoice.
But the Labor Code of the Russian Federation allows only the Government of the Russian Federation to postpone holidays, but not private employers (we wrote about this). As if the enterprises that believed the journalists and postponed the day off incorrectly, after the holidays, the State Labor Inspectorate did not come with an inspection of compliance with labor laws, in particular, in the field of working hours and rest time.

12/19/2019 Can we employ part-time employees to work overtime? If yes, how much?

12/02/2019 An employee can work 120 hours a year. Does it include public holidays as well? Can it be argued that overtime work and work on non-working holidays are independent types of labor in conditions that deviate from normal, therefore the restrictions provided for in Art. 99 of the Labor Code of the Russian Federation for the duration of overtime work (no more than 4 hours for 2 days in a row and 120 hours a year), do not apply to work on weekends and non-working holidays?

11/28/2019 The employer has the right to involve employees to work outside the working hours - for overtime work.
For such processing, the Labor Code of the Russian Federation provides for its own rules, which employers periodically violate.

10/29/2019 If an employee is allowed 2 days for medical examination, and he passed it in 1 day, should the employee return to work on the second day?

10/16/2019 We plan to hire a part-time job for a position that involves working in irregular working hours. Is it possible to do so?

10/14/2019 According to the shift schedule, an employee's shift begins on October 20 at 22.00 and ends on October 21 at 6.00. According to the vacation schedule, the employee's annual leave begins on October 21. How to be? Can an employee go on vacation at midnight?
A similar situation occurs when an employee falls ill. For example, he worked his shift until 6 am. I went from work to the clinic and opened a sick leave. What to put in the report card on this day, how to pay?

09.10.2019 We are a small company. We are frightened by the idea of the authorities to introduce a mandatory four-day work week. If this happens, then on Friday (and this is a reception day for the company) we will have to hire more employees ... We are already barely making ends meet, such a crisis, and then there will be extra expenses ... Surely we will have to liquidate the company and go look for work.

09/30/2019 Today we will think about the question of whether it is possible to engage in work on weekends and holidays not for some emergency reasons, but simply by agreement of the parties.

On 09/09/2019, the Supreme Court of the Russian Federation recently considered a case in which a disabled employee did not ask the employer to establish a reduced working time for her, did not bring an individual rehabilitation program, on the contrary, she signed an agreement with the employer on establishing a 40-hour working week for her. And after 5 years of such work, she demanded to pay her overtime hours for all these years.

09/04/2019 It happens that an employee with a summarized accounting of working hours (SURV) leaves before the end of the accounting period. Perhaps, in the worked period, the employee worked more than the normal number of working hours (normal for this period). Then the question arises of the need to determine overtime hours in the period worked (in order to pay them). Among experts, this issue is controversial.

09/02/2019 The company decided to reduce the working day on Friday from 8 to 7 hours. To do this, it was proposed to reduce lunches from 1 hour to 45 minutes from Monday to Thursday and, accordingly, increase the working hours on these days by 15 minutes (from 8 hours to 8 hours 15 minutes). This situation was considered on the information portal of Rostrud Onlineinspektsiya.rf.

08/29/2019 The worker came out of the decree, the child was placed in a kindergarten. But according to the work schedule, she does not have time to pick up the child from kindergarten on time. Therefore, she needs to change her work schedule or reduce her working hours by an hour so that she can leave work 1 hour earlier. Is the employer obligated to comply with her request?

08/26/2019 According to Art. 95 of the Labor Code of the Russian Federation on the eve of holidays, the duration of work with a six-day working week cannot exceed five hours.
Does this rule apply only to the traditional six-day work week with one day off, or does it apply to the work week with staggered days off?

08/21/2019 According to Art. 96 of the Labor Code of the Russian Federation, mothers and fathers raising children under the age of five without a spouse (wife) and guardians of children of this age may be involved in night work ...

08/19/2019 In practice, it often becomes necessary to change the normal working hours of an employee to a shorter one, for example, in the case when an employee receives a disability group.

08/15/2019 An employee with a one-year-old child was involved in work on a holiday with her written consent, but she was not familiarized with her right to refuse such work against signature. Can she write on the order to engage in work on a holiday that she was acquainted with her right to refuse this work?

07/25/2019 Often, female employees fall into the category of “pregnant women” when they have already established an irregular working day (NWP) and work in this mode. And then the question arises: is it possible to attract a pregnant woman to work outside the established working hours for her within the framework of an irregular working day? But sometimes a pregnant worker just gets a job, and the question arises of the admissibility of establishing a clause on NSD in her employment contract.

07/25/2019 Found that employees change shifts without informing management. Can they be punished?

07/18/2019 Practical advice for cases of introducing part-time work by agreement of the parties and at the initiative of the employee

06/27/2019 Employees with their written consent were involved in work on a holiday. With the right to refuse such work, employees were acquainted under the signature. The order of the employer was issued about bringing to work on a holiday. However, workers were not asked what compensation they want for working on a holiday: double pay or time off and single pay. So what's now?

06/27/2019 How long can a part-time worker work under each contract?
How many part-time employment contracts can an employee conclude?
What is the salary for a part-time worker?
How can an employer find out that an employee has a primary job?
Is it possible to conclude a fixed-term employment contract with part-time workers, regardless of the work they perform?
Is it possible to dismiss a part-time job with whom a fixed-term employment contract has been concluded if an employee is hired for a position for whom this work will be the main one?
How to make an entry in the work book if part-time work has become the main job?

06/25/2019 Too hot at work. The employer therefore reduced working hours. Will wages decrease in this case?

06/17/2019 The employee brings a sick leave after the “closing” of the time sheet. Accordingly, in the report card he has marks about the absence for unknown reasons. They need to be corrected for marks of absence due to temporary disability. How to do it?
We have a simple organization, not budgetary, no departmental acts apply to us.

05/29/2019 What should I do if, at the end of the parental leave, a child of an employee is not provided with a place in a kindergarten? How to maintain an employment relationship with her if she does not want to quit, wants to stay at work? What are the legal options available to the employer? Can she be fired for absenteeism?

04/29/2019 “Is it possible to work full time during parental leave remotely, and not “at home”, while maintaining the childcare allowance?”

15.04.2019

04/11/2019 If an employee at the main job works 0.25 wages, can he work part-time at 0.75 wages?

04/09/2019 Today we will consider two related questions that often arise in practice for beginners:
Is it possible to establish an irregular working day for workers engaged in hazardous work, but at the same time, it is harmful not all the working day, but less than half a day?
And is it possible to set an irregular working day for builders who work outside at any temperature?

04/01/2019 Our organization abandoned one of the activities. We are reducing the number of employees in this area (notices have already been issued). Is it possible to declare idle time for them, because no job right now?

03/21/2019 Today we will consider several "ideologically close" questions about the procedure for "timesheet" of employees' working time.
“I was instructed to record the working hours of all employees. How can I schedule the working hours of employees if I am not at the enterprise when they have a shift? No way! GIT will come and fine! He will say that I could not make a report card like that. How to formally and competently make such timesheets?”
“How to record the working hours of remote workers? We don't see them..."
“Can the head of a structural unit keep track of the working hours of all employees of the unit, including himself?”

02/04/2019 I am a single mother, my daughter is 4 years old. I work as a waitress in a cafe. Previously, the cafe was open until 21.00, and more recently - until 23.00. Accordingly, now I have a schedule until 23.30. Are there legal ways to change my schedule? The fact is that I have a small child and my grandmother stayed with him. Now I need to leave early, but the director refused to change my schedule.

01/29/2019 In all likelihood, we will have to declare a downtime. But one employee is on sick leave. Can it be declared idle?

01/29/2019 Can employees who have an irregular working day be involved in work on their days off and non-working holidays without their consent?

01/24/2019 The employee was asked to stay and work overtime for 2 hours. There are reasons. Prior to that, he worked 8 hours (4 hours before lunch and 4 hours after). If before working overtime at the end of the working day, he leaves for 15 minutes to eat, will subsequent work be considered overtime? Or should overtime work closely "snuggle up" to the work shift? And, maybe, it is even obligatory to let him go to eat, and not for 15 minutes, but for 30 before overtime work, in order to provide a break for meals every 4 hours?

11/14/2018 The employee wants to transfer to part-time work. There is his statement, concluded an agreement. The previous personnel officer also printed a transfer order (based on form N T-5), but this is not a transfer. What should be the order?

On 10/29/2018, a relative of the worker was admitted to the hospital. Today we let her go for the whole day at our own expense. Later, she said by phone that she would probably have to help and care for the patient in the evenings and leave early two hours before the end of the working day (at 16:00 instead of 18:00). How long this will all last is still unknown, but 2-3 weeks for sure. The worker is ready to come early and work an hour in the morning and another hour instead of lunch. How to arrange all this? Should working hours be treated as overtime?

10/04/2018 Guard A. was late for work (stuck in traffic). He was supposed to take over from B.'s other guard from the night. We (the employer) asked B. to stay until A. arrived for an hour and a half. But B. replied that he had been working as a security guard for more than a dozen years and knew that working two shifts in a row was prohibited. And left at the end of the shift. Please tell me is he right? Does waiting for a shift for an hour and a half equate to working for two shifts in a row?

09/20/2018 Can a remote worker (programmer) come to work in the office? He has an employment contract for remote work. Previously, he worked from home (in the summer from the dacha). Now relatives have come to live with him, and now he wants to come and work quietly. It is possible in the office. Moreover, he wants to come not only during the usual working hours of the office, but also in the evenings, at night (he is a "night owl") and on Saturday. He has the key. So it is possible? How is it possible?

12.09.2018 Legal regulation of RTS
RMS in general
Shift duration at SURV
Compliance with individual legal norms in RTS
Where is RMS applied?
Accounting period for RMS
What is the accounting period?
The duration of the accounting period. General rule
Increase in the accounting period for "wreckers"
Accounting period of "shift workers"
Variety of accounting periods for one employer
Accounting period and work schedule
Vacation and sick leave for SURV
The procedure for the introduction of RMS
Changing the conditions of RTS
Overtime at ERW
Determining Overtime Hours for RTS
Overtime upon dismissal before the end of the accounting period
Topical Issues in the Practice of RMS Application

09/12/2018 Consider a typical situation from practice. A donor worker donates blood. Perhaps this happens suddenly for the employer. You never know what happened ... In order not to let down colleagues, the employee is ready to go to work on the same day. The employer, of course, does not mind. How can I do this without breaking the law? Can I go to work on the day of blood donation? What documents should be used to formalize the consent of the parties? Is it necessary to issue an order? What is the opinion of the GIT?

09/07/2018 An employee wants to work only until lunch. But not forever, but within 2 weeks. Is it possible? If yes, how to arrange it correctly? And is it necessary to make such changes, because the period is very short?

09/05/2018 It happens that an employee goes to work on the day of blood donation “silently”, i.e. without informing the employer that he donated blood. For example, at 8 am he donates blood, and his working day starts at 10 am or 4 pm. And then, having worked a shift (working day), the donor worker asks the employer for appropriate guarantees and compensation. How to deal with it?
And should the employer compensate the employee for work on the day of blood donation with an additional day of rest if the employee did not notify the employer about blood donation? Can an employee be punished for not notifying the employer about blood donation and going to work?

04/23/2018 An employee who worked several hours of overtime and did not receive payment for this, after dismissal, decided to go to court with a demand to recover payment. Involvement in overtime work was not formalized in any way. What can an employer expect from the court?

03/19/2018 The employee has accumulated 24 overtime hours in the accounting period. The employee asks instead of increased pay to provide him with additional rest time for these hours. Is it possible to give an employee not 3 full days of rest (24 hours \u003d 8 hours * 3), but let him go 6 days after lunch, i.e. so that he still appears at work for 6 days and does the most necessary for his position?

02/19/2018 Unified forms of the time sheet - forms T-12, T-13, approved by Decree of 01/05/2004 N 1 of the State Statistics Committee of the Russian Federation, have been tested by practice. And today, many employers continue to use the State Statistics Committee form of the time sheet in their work, having approved it for themselves by order.

02/09/2018 Many employers in the countryside do not even know the rule on reducing the working time of women in the countryside by one hour, or they think that it is outdated, contradicts the current Labor Code of the Russian Federation and is not applied. Meanwhile, state labor inspectorates regularly check its implementation and fine violators, and the courts support them and consider the rule to be still valid and not contradicting the Labor Code of the Russian Federation.

03/09/2017 The company employs workers with part-time and reduced working hours. And so on the eve of the holiday they work less than all the other workers who have normal full-time work. Do they need to reduce their working hours by an hour on the eve of the holiday?

11/30/2016 As a general rule, the employee’s working day ends at 20.00, but since the employment contract sets an irregular working day for him, and the employer has a need to involve him in work outside this norm with the “seizure” of the night hour (once so far) , the question arose: is it possible to attract an employee with an irregular working day to night work? If possible, should these hours be reflected in the time sheet and paid?

Where should employees be during downtime, if this issue is not specified in local regulations?

01/30/2014 We have a few part-time employees from 9.00 to 13.00, and all other employees work from 9.00 to 18.00 (one hour for lunch). On the pre-holiday day, employees who are full-time, we release an hour earlier - at 17.00. And workers who are on part-time work also need to be released an hour earlier, i.e. at 12.00 or can they work as usual until 13.00?

According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour. In practice, the application of this rule raises many questions for both employers and employees. Consider the most common of them.

Official holidays
As a general rule, the list of non-working holidays is determined by Part 1 of Art. 112 of the Labor Code of the Russian Federation. This list includes, in particular:
— 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 - National Unity Day.
The above non-working holidays are established throughout the territory of the Russian Federation, which follows from Part 1 of Art. 13 of the Labor Code of the Russian Federation, according to which federal laws and other regulatory legal acts of the Russian Federation containing labor law norms are valid throughout the territory of the Russian Federation, unless these laws and other regulatory legal acts provide otherwise.
According to paragraph 7 of Art. 4 of the Federal Law of September 26, 1997 N 125-FZ “On Freedom of Conscience and Religious Associations”, at the request of religious organizations, the relevant state authorities in the Russian Federation have the right to declare religious holidays as non-working (holiday) days in the respective territories.
Thus, in certain territories of Russia (in particular, in the constituent entities of the Russian Federation), their own non-working holidays can be introduced (Section 1 of the Rostrud Recommendations (hereinafter referred to as the Recommendations), approved by the Protocol of 06/02/2014 N 1).

If the holiday is postponed
If a day off and a non-working holiday coincide, 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).
In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day to which the day off is transferred (clause 1 of the Procedure for calculating the norm of working time for certain calendar days periods of time (month, quarter, year) depending on the established working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated 13.08.2009 N 588n).
Thus, by Decree of the Government of the Russian Federation of May 28, 2013 N 444 “On the transfer of days off in 2014”, the day off was moved from Monday February 24 to Monday November 3. Since the pre-holiday day of November 3 after the transfer became a day off, and the day off on February 24 was a working day, the working time on this day was reduced by one hour (Explanation of the Ministry of Labor of Russia dated February 24, 2014 “On the length of the working day on February 24, 2014”).
The rule of transferring a day off when it coincides with a holiday to the next working day also applies to regional holidays, since the legislator does not establish specifics for them and does not provide for the possibility of introducing a different procedure (section 2 of the Recommendations).

Working hours in continuous production
In cases where a holiday is preceded by days of weekly rest, the duration of the work shift is not reduced (Explanation of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions of July 12, 1967 N 6 / P-18, approved by the Decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions of July 12, 1967 N 343 /P-18). This means that the duration of the pre-holiday working day (shift) is not reduced in cases where the non-working holiday is preceded by one or two days off (according to the calendar or schedule), since in this case the working day (shift) does not immediately precede the non-working holiday . For example, if a holiday falls on Sunday, and the last working day (shift) on the eve of the holiday is Friday, then the duration of the working day (shift) on Friday cannot be reduced.
The duration of work (shift) on the eve of a non-working holiday is not reduced for employees of continuously operating organizations and persons employed in certain types of work (part 2 of article 95 of the Labor Code of the Russian Federation). So, for employers, for whom the suspension of work on non-working holidays is impossible due to production, technical and organizational conditions, the duration of work on the pre-holiday day is not reduced.

Half-holiday
Part 1 Art. 95 of the Labor Code of the Russian Federation establishes a general rule to reduce the length of the working day or shift immediately preceding a non-working holiday, which applies to all employees and is mandatory for employers. This benefit applies to all employees, including those who have already established a reduced working time, in particular employees under the age of 18, disabled people of groups I and II, persons employed in work with harmful and dangerous working conditions (Decision of the Armed Forces of the Russian Federation dated 29.09.2006 N GKPI06-963).
In relation to persons working part-time, as well as employees who work part-time, no exceptions to this rule are established by labor legislation. According to part 3 of Art. 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions on labor rights for employees. As for part-time workers, in accordance with Part 2 of Art. 287 of the Labor Code of the Russian Federation, the guarantees provided for by labor legislation are provided to them in full, except for the cases provided for in this rule.
The length of the working day immediately preceding a non-working holiday is reduced by one hour, regardless of the duration of the weekly and (or) daily work (Letter of the Ministry of Labor of Russia dated March 12, 2002 N 1362-VYa).
Exceptions to this rule are established by Part 2 of Art. 95 of the Labor Code of the Russian Federation. In particular, in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the eve of the holiday, the duration of the working day or shift on the eve of the holidays is not reduced.
Thus, the rule on reducing the length of the pre-holiday working day (shift) applies to all employees, regardless of the length of their working time, including those working part-time (shift), shortened working hours, as well as part-time employees, and the length of the working week - five or six days.

How to pay for the holiday?
The amount of wages for work on the eve of the holiday depends on the type of wages. Work on a shortened pre-holiday day is paid at the following rate:
- pieceworkers - in accordance with the amount of work performed;
- employees with time wages: daily - in the amount of the daily tariff rate (as for a fully worked working day), hourly - in proportion to the time worked (for the time actually worked, that is, the unworked hour is not paid);
- employees who receive a salary (official salary) - in full, since the reduction in the number of working hours on the holiday day provided for by the Labor Code of the Russian Federation is the norm of working hours.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work (part 2 of article 95 of the Labor Code of the Russian Federation ).

What to include on the spreadsheet?
Part 4 of Art. 91 of the Labor Code of the Russian Federation establishes the obligation of the employer to keep records of the time worked by employees. For this, unified forms of the time sheet are provided (N N T-12 “Time sheet and payroll calculation” and T-13 “Work time sheet”, approved by Resolution of the State Statistics Committee of Russia dated 05.01.2004 N 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment ”(hereinafter - Resolution N 1)) (Letter of the Ministry of Labor of Russia dated 05.24.2013 N 14-1-1061).
The Instructions for the Application and Completion of the Forms of Primary Records for Recording Labor and Its Payment (approved by Decree No. 1) states that in order to reflect the daily costs of working time per month for each employee, the time sheet has:
- in the form N T-12 (columns 4, 6) - two lines;
- in the form N T-13 (column 4) - four lines (two for each half of the month) and the corresponding number of columns (15 and 16).
In the forms N N T-12 and T-13 (in columns 4, 6), the top line is used to mark the symbols (codes) of working time costs, and the bottom line is used to record the duration of worked or unworked time (in hours, minutes) according to the corresponding codes working hours for each date. If necessary, it is allowed to increase the number of columns for affixing additional details according to the working hours.
Thus, in the time sheet, work on the pre-holiday day should be marked with the letter code "I" or the numeric code "01" and indicate the number of hours actually worked. In the case of processing on a pre-holiday day, lines can be added to the timesheet form opposite the name of the overworked employee and the letter code “C” or the numeric code “04” must be entered in them, and below the time worked by the employee in excess of the established norm (one hour).

A.Kolinko
Lawyer
Moscow city

The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work.

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Comments to Art. 95 of the Labor Code of the Russian Federation

1. On the eve of non-working holidays established by law, the working time is reduced by 1 hour. This rule applies to all employees - subjects of labor relations. The length of the working day is reduced by 1 hour for employees who have a 40-hour work week, as well as for employees with a shortened work week. Therefore, for employees who have a reduced working week, such as a 36- or 24-hour work week, the hours of work on the eve of public holidays are also reduced.

2. The duration of the pre-holiday working day or working shift is not reduced only in cases where the non-working holiday is preceded by 1 or 2 days off according to the calendar or schedule, since in this case the working day (shift) does not immediately precede the non-working holiday, as it is stated in the commented article.

As practice shows, collective agreements indicate a list of industries where, due to the conditions and nature of work in the organization, the duration of work (shift) cannot be reduced on holidays.

3. In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day to which the day off is transferred.

4. If it is impossible to reduce the length of the working day on the eve of holidays and weekends, employees should be provided with additional days of rest for processing on these days.

5. The list of industries where a reduced working day cannot be established on weekends and holidays is approved by the employer in agreement with the elected trade union body and indicated in collective agreements.

In state institutions, such lists are established by the ministries in agreement with the relevant trade union bodies.

6. At certain seasonal jobs, where the provision of additional days of rest as the hours of overwork accumulate on pre-weekends and pre-holiday days is not possible during the season, it is allowed, as an exception, to sum up such additional days for the entire season and provide them during the off-season period.

7. The law determines the maximum working hours on the eve of holidays only in relation to the 6-day working week. With such a working week on the eve of the weekend, the duration of work should not exceed 5 hours.

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Everyone loves holidays, because an extra day of rest does not hurt anyone. Moreover, work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a reduction in the total length of the working day is not always required. When and in what cases labor legislation allows you to go home early - our article is devoted to this topic.

Holiday day according to the Labor Code: concept

In accordance with the norms of the Labor Code, the pre-holiday working day is the day immediately preceding the official holiday. The duration of such a day (shift), in accordance with the norms, is legally reduced by 1 hour. When reducing the time of employment, it is necessary to take into account the following features of the nature of the work:

If the enterprise works continuously by necessity or the position of a specialist does not allow reducing the duration of employment, such a stay is recognized as overtime and is subject to compensation in the form of an additional day off. Or the employee may be paid overtime (with the consent of the specialist).
If an employee works for 6 days, the duration of the day of employment on the eve of official holidays can be a maximum of 5 hours.
If the pre-holiday date falls not on a working day, but on a weekend (Sunday or Saturday), no reduction occurs on the previous date.

To understand what a short pre-holiday day is, let's turn to the provisions of article 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly duration of normal work time is 40 hours maximum. And if an employee works under special conditions, for example, reduced time (Article 92) or part-time work (Article 93), or is a part-time worker, this in no way limits his right to go home an hour earlier on the eve of the holidays.

Of course, not all holidays are recognized as official. For example, corporate parties, employee birthdays or professional dates cannot be considered public holidays according to government regulations. The pre-holiday working day is determined by the Labor Code only in relation to those dates that precede those established in Art. 112 of the Labor Code of the Russian Federation. In particular, in Russia, the following days are non-working days:

New Year holidays - from 1 to 6 January and 8;
Christmas holiday - January 7;
Feast of the Defenders of our Fatherland - February 23;
International Women's Day - March 8;
Labor and Spring Day - May 1;
General Victory Day - May 9;
RF Day - June 12;
National Unity Day - 4 November.

All existing official holidays are marked in red on production calendars, and the pre-holiday day is indicated with an asterisk *, so that it is clear to personnel officers when exactly concessions are due to employees.

What to consider when introducing pre-holiday days

When conducting personnel records management on holidays and the days preceding them, keep in mind that:

If an officially approved holiday coincides with a day off, Saturday or Sunday should be moved to the next day of work immediately after the holiday. The exceptions are the days of the New Year holidays and Christmas, for which the government of the Russian Federation has provided a special transfer procedure.
If employees are not paid according to the salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the LNA of the enterprise, for example, in a collective agreement.
If the employee's salary is paid according to the salary system, the employer is not entitled to reduce the total amount of remuneration if there are public holidays in the current period.
By decision of the federal authorities, some holidays may be rescheduled in a different order in order to increase overall labor productivity.

For example, January 1, 2019 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2018 it falls on a day off, that is, Sunday. Since everyone does not work on Sunday, the closest pre-holiday day will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and is not subject to reduction according to the norms of the Labor Code.

Key points related to payment:

With an hourly wage system - in this case, the employee receives earnings based on the actual time of production. Therefore, a short hour will not be paid, and this is not considered a violation by the employer.
According to the salary system of remuneration - a short day before the holiday is subject to calculation in full, without any reduction in the amount of earnings.
With a piecework wage system - as well as an hourly system, this technique involves the calculation of earnings based on the actual volume of work or products produced. This means that the reduction of working hours on the pre-holiday day does not affect the amount of payment of remuneration to piecework workers.
When employed on reduced terms or on a part-time basis, the amount of salary for a short pre-holiday day is not subject to reduction.

Note! If the organization functions continuously, and employees work as usual, that is, without shortening the pre-holiday days, such employment time is recognized as overtime and is payable at least twice. The exact procedure for calculating compensation and the list of positions of persons who cannot be provided with shortened days before the holidays are approved by the head in the internal document flow of the enterprise.

Pre-holiday day in continuously operating organizations

Not all enterprises can provide a shortened working day for all employees. If employees continue to work, then in this case they will have to pay one hour of overtime work.

According to the Labor Code, overtime work is paid for the first two hours no less than one and a half times, for the next - no less than double. Payment for overtime hours at a particular enterprise should be prescribed by local regulations.

Example: locksmith Ivanov I.I., according to an employment contract, has an 11-hour shift (working time). His hourly wage is 150 rubles per hour. The work shift of Ivanov I.I. fell on 02/22/2017. It is not possible to provide him with a reduced work shift. The production process must not be interrupted.

For ten hours of work, Ivanov I.I. was paid 1,500 rubles. (150 rubles/hour x 10 hours). Payment for one hour of overtime work - 225 rubles. (1 hour x 150 rubles/hour x 1.5). In total, 1,725 rubles were credited to Ivanov I.I. for the work shift on February 22.

The pre-holiday working day provided according to the Labor Code is noted in the report card according to special rules. But many personnel workers do not know about this and continue to put down the usual numbers 8 on such days. However, on such dates, employees work less than the prescribed employment time. For example, an employee on a 40-hour working week on the day before the holiday is only 7 hours busy. Therefore, if this fact is not indicated in the report card, the inspectors from the labor inspectorate may come to the conclusion that the person has overworked, and the employer has violated the requirements of the law.

To draw up or not an order to reduce the time of work in the enterprise? In principle, since this requirement is governed by labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.

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