Who should work on holidays. We ask the employee to work on the weekend. Grounds for recruiting to work on weekends and holidays

Going to work on your legal days off strictly controlled by the Labor Code of the Russian Federation... Not all employees and leaders of organizations know that in order to call staff to work on the weekend, you must have good reason or get everyone's personal consent.

In addition, such actions must be accompanied by the publication of separate order, which reflects all the information about such an exit and the compensation method, which can be in two forms - either in an increased amount of payment, or in the provision of time off on a working day.

Start date and schedule

According to the main features of the exit on weekends, as well as the date of implementation and establishment of the schedule, the Labor Code of the Russian Federation has the following points:

When an organization or specific employees have a five-day working week, the official days off are Saturday and Sunday.
In the event that the work schedule for employees is in shifts, then the days off are set according to the schedule developed for them. It should be noted that each individual schedule has a strictly defined encryption and even to switch between them (at the request of the employee), a separate memo will be required. Thus, if according to the employee's schedule Saturday and Sunday are official working days, then a separate order is not required for their exit.
In the event that the employee's working day falls on a public holiday, the personnel are warned in advance about this fact. Naturally, no additional consent is required. However, the Labor Code of the Russian Federation established that if the working day of a shift employee falls on a state holiday, additional compensation should be made.
The withdrawal of employees can be carried out without obtaining consent in the presence of certain circumstances provided for by law. Refusal to go to work will be considered depending on the timing of the notification of the employee and the reasons that prompted him to be absent from the right place.

Payment on the day off

In the event that a day off, which is a national one, falls on the working day of an employee performing his duties in shift mode, in any case, payment for this time is carried out enlarged.

A completely different case will be the withdrawal of personnel on a legal day off. With this option, on the basis of legislative acts, compensation for the performance of labor duties can occur thus:

Separate payment for an additional working day. It is worth noting that the amount of such payment should not correspond to the amount of funds accrued for a normal day - it is set as a double salary. A separate feature of the calculation is that not the whole day is taken into account, namely, the number of hours that the employee spent on performing his job duties.
Taking time off on your official working day. In this case, the employee can independently choose the day on which he wants to take the day off, but at the same time the payment for the worked day off will be charged in the usual amount. It is quite natural that this method will be more profitable for any organization, therefore many employers practice forcing employees to choose this method. These actions are not legal and any of the employees has the right to file a complaint with the appropriate authorities.

In some cases, according to the Labor Code of the Russian Federation, the employer has legal rightcompulsion to go to work on the day off. Such a right may arise in such a case:

If there is an urgent need for such a management decision.
With an unexpected certain amount of tasks.
If, in the event of absenteeism, there may be a risk of failure in the general mode of operation due to the presence of a higher load than during normal times.
If there is a risk of disruption to normal operation or causing significant damage to the organization or enterprise.
To prevent any accident.
To carry out a certain amount of work related to the introduction of martial law in a separate territory.

For example, if an organization is flooded, and an urgent call for workers is required to prevent damage, such an event allows the employer to call required number of personnel to eliminate the consequences and prevent further damage.

Separately, it should be noted that certain categories of employees cannot be involved in going out on a non-working day. These employees include:

workers who are under 18 years old, with the exception of those who are engaged in creative work;
pregnant women.

Purpose of the document

The main purpose of the order is the fulfillment of labor duties by personnel in extra time and payment double or providing time off at any time convenient for him.

Standard form for issuing an order to exit on a weekend not binding - each organization has the right to perform it arbitrarily, but with the obligatory reflection of information that is necessary according to normative and legislative acts.

Despite the strict regulation of the possible grounds for the withdrawal of personnel, it is not established for what period before the day off the employer is obliged to notify such a fact - depending on the grounds for such an action, such notification can be carried out even directly on the day of such an exit.

Moreover, in order to notify the staff, it is not necessary to give an order to everyone personally - it is quite enough to send out by e-mail or post a copy of the issued order on the organization's bulletin board.

Main sections and sample

Mandatory to be reflected in the order is the following information:

the name of the organization or enterprise;
Name of employees and positions of those who must be directly present at work on the day off to perform their work duties;
the resolution itself, which begins with the phrase "I order";
a list of individual conditions is indicated, which can be expressed in the number of hours during which employees will be involved, the need to provide them with additional funds and materials, actions for the early completion of the specified amount of work, etc.;
grounds that provoked the need to withdraw personnel - an accident, martial law, natural disaster, increased workload due to the influx of clients, etc .;
form of compensation for work - payment or provision of time off;
coefficient that will be calculated when compensating personnel in the form of payment;
persons who are responsible for notifying staff, as well as those who will have to be present on the day off from the management staff;
tasks that, in connection with such an action, will have to be performed by employees of the personnel department (carrying out according to the timesheet), accounting employees (calculating payment for additional hours worked by personnel).

What to consider when filling out

When filling out an order, consider the following important points and perform such actions:

In the event that the reason for the employee's exit is not included in the list of those in which the consent of the staff is not required, and if the organization has a trade union, the consent of all called workers is imperative.
The procedure for obtaining consent should consist of several sequential steps. First of all, they draw up a memo addressed to the head of the organization, reflecting the need for a conclusion and the reasons for such an action. Then they familiarize those persons who will work on the weekend with the text of the note and receive a written confirmation of consent.
Confirmation of the fact of consent can be carried out by means of a signature in such a document. Further, the memo is registered in the journal of internal documentation with the assignment of a serial number to it (so that, if necessary, you can provide a document that contains the person's consent to exit).
Submitting a note to the head of the organization for consideration, who has the right to regulate individual changes in staff exits during off-hours.
Receive the head's resolution on the report. In the event that the director approves the withdrawal of personnel, then the order itself is being drawn up.

It should be noted that a separate document, the registration of which should also be carried out, is written statement on how the employee wants to compensate for his exit - by receiving payment or by providing time off.

How to subscribe

The main official who puts his signature on the employee's exit document is the immediate manager of the enterprise, who has the right to endorse such documents.

If necessary, each of the familiarized persons, who will have to leave in extra time, under the order or on the reverse side, put their signature and indicate next to their last name, first name and patronymic and position.

In case of violation of any existing norms of legislation regarding coercion to work, if there was no need for that, or if there is no due payment, employers or responsible persons may be involved in responsibility.

This video has an answer to what kind of weekend can be work.

Today, it is not uncommon for managers, for one reason or another, to attract employees of their enterprise to work on weekends or public holidays.

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So that in the future no claims against the employer arise, as well as there are no unpleasant situations associated with absenteeism from the workplace, it is necessary to carefully work out the employee's unscheduled working day in documentary terms, observing all sorts of legal nuances. Otherwise, in the future, troubles and conflicts with employees of the enterprise or organization may arise, which will develop into a lawsuit or proceedings with regulatory authorities.

Official legislative sources have a list of holidays that are recognized as non-working in the country (Article 112 of the Labor Code of the Russian Federation). If the employee has to come to work on one of these days, as well as on Saturday or Sunday with a five-day working week established by the contract, or only on Sunday with a six-day work week, then the employee has every right to receive time off paid in a standard manner or to compensation for his employment in double size.

How to attract to work on a non-working day?

In order for the employee to go to the workplace on his official day off, it is necessary to first obtain his written consent to such an action, and it must be in writing.

The purpose of such a written agreement is to comply with the requirements established by part 2 of article 113 of the Labor Code of the Russian Federation, and it must also serve as a legal basis for issuing the corresponding order.

There are certain situations when the issuance of an order and involvement in work is possible even without the consent of the employee (3 part 113 of article of the Labor Code of the Russian Federation):

it is necessary to prevent the occurrence of a catastrophe or eliminate the consequences of what happened;
to prevent industrial accidents;
if necessary, perform certain urgent work that has appeared in connection with the introduction of a state of emergency or martial law in a certain area.

Due to the fact that there are very few exceptional situations, and their formulation also cannot be attributed to frequent ones, in the overwhelming majority of cases it is required to reach an agreement with the employee.

In what form the warning about leaving on a non-working day will be carried out, each organization has the right to choose independently. Most often, you can find or offer. It is imperative that the text of this document should indicate the reasons for leaving, the date and working hours, as well as the possibilities of compensation (time off or monetary reward).

The employee must, after familiarization, put down the mark “I agree” and sign, as well as, if necessary, indicate what type of compensation he wants. If the employee cannot immediately indicate the day on which he will take the day off as compensation, then in the future he can write an additional application.

Certain categories of workers (single mothers raising disabled children, disabled people, minors, etc.) must be identified in a separate column in the notification, because in addition, they must indicate that they are aware of their right to refuse work on non-working days.

Order

Once the employer has the employee's documented consent to go to work on the weekend, he can issue an order. There is no uniform form for this document.

There are times when an employer does not want to pay their employees an increased amount or provide additional days off. Then he simply does not issue an order, but this practice is quite dangerous and pernicious, because There are quite a few court examples of disputes resolving not in favor of enterprises in such cases.

As practice shows, it will not be difficult for an employee to prove work in court on an official day off (there may be an oral order, testimony, documents issued by this number, etc.). If the dispute is resolved in the direction of the employee, then we can assume for sure what this will be fraught with for the employer.

In order not to pay huge fines and not to reimburse an employee for his work on weekends by a court decision, it is better to do everything in advance and correctly.

Compensation for work on a holiday or official holiday

According to the current edition of the Labor Code of the Russian Federation, in the event that an employee was involved in work on his legal day off or on a public holiday, he is guaranteed compensation for his violated constitutional right to legally rest from work: double payment for working hours or another day of rest ( on simple - day off).

Cash refund

Article 153 of the Labor Code of the Russian Federation provides for payment of labor on a non-working day or on a fixed holiday in accordance with a double tariff.

Those.:

workers working on piece-rate pay will receive double the piece rate for the hours worked;
workers whose work is assessed according to the daily (or hourly) established wage rates - double daily or hourly wage rates.

If an employee's earnings depend on a fixed monthly salary, then two options for calculating remuneration for extracurricular work on a weekend or a public holiday are allowed:

If the monthly rate of hours is not exceeded, then compensation is made in the amount of at least one daily or hourly fixed rate in excess of the basic amount of the salary.
If the monthly rate has already been exceeded or has reached its maximum, then the amount of compensation must be no less than double the fixed daily or hourly rate, also in excess of the basic salary.

If the employee wants a day off and has not decided in advance on the day when he will take it, then it is necessary to additionally write an application for a day of rest. As you know, such a document is not required, but its provision to the manager will not be superfluous and will help to avoid misunderstandings in the future.

In most cases, compensation payments will be more beneficial than a day of extra rest. The main thing is that the amount of compensation is calculated as correctly as possible, especially if there is a processing by the hour.

The easiest way is to calculate additional payments to those employees who have worked for a month without any non-standard incidents (business trips, sick leaves, etc.). In this case, the employee will definitely be entitled to receive compensation, since his work rate will be exceeded.

Consider a specific example: an employee in a business has a standard 40-hour work week. This year in August he worked 21 full time work. According to the order, he has an additional exit to work by order - August 16 (Saturday). This month he did not have any emergency situations, so the norm-hours have been worked out in full. Due to the additional working day, his working time is exceeded by 8 ocloc'k.

Finding out the amount of additional payment for going to work on an official day off will not be difficult. To do this, the first step is to calculate the daily money rate - divide the salary by the number of days worked. The resulting number will be equal to the daily rate. Then it must be multiplied by two (double size). Total for August, the employee is entitled to: full standard salary plus the amount received double daily rate for August 16.

If an employee in the current August was not at work all the time, for example, for several days they were issued sick leave, then the question arises with payment: single size due to not working hours or double due to work on the weekend.

For example, if in the previous situation an employee was ill for 4 working days, then only workers remain 17 days (i.e. hours worked are not 168 hours, but only 136) plus working Saturday August 16. It turns out that the employee does not go beyond the norm of hours if he comes to the workplace on his day off, therefore, he is not entitled to double pay. But actually it is not. The calculation of the daily rate will change, but the compensation will still be doubled.

Additional rest (day off)

Not all workers prefer to take cash compensation for unscheduled work on their official non-working day, there are those for whom an additional full day of rest at a convenient time is better for them. As already mentioned above, the employee, already upon reading the notification of the need to go to the workplace, has the right to indicate the day on which he plans to stay at home.

In this case, when issuing an order, the employer indicates right in the text of the document that the compensation for working hours on a day off will be additional rest time on a date specified by the employee.

If the employee cannot immediately decide on the day off, then in the future, when he is ready, he writes a statement addressed to the employer that he takes an additional day off for a specific date. Such a statement must be approved by the employer.

Part 3 of Article 153 of the Labor Code of the Russian Federation states that regardless of how long the employee was at work on his day off, he receives a full additional day off. Rostrud officially adheres to the same opinion.

When issuing an order for an additional day of rest, the employee must be familiarized with it against signature.

Despite the fact that the employee will officially be absent from his workplace, the wages for this day are retained, since this day off is compensatory for the one that was a worker. If the wages were not saved, then there would be no question of any compensation, since this day would look like a vacation day to your account.

In such a situation, the main thing is that the employer correctly and competently notes the official absence of the employee at the workplace. For example, a corresponding mark is made in the report card, or a note is made in the 1C program about the day of rest. Otherwise, if the absence is not properly formalized, and the employee is involved in an incident, the employer may also be held liable for this.

It can be used in the current month (when it was a work day off) or any other. The legislator does not limit the employee with any rules in this regard.

For example, if an employee worked on a working Saturday on August 16 in August, but did not leave on August 29 on account of time off, then the amount of his earnings will be equal to the full amount of his salary plus the additional daily rate for the day of overtime (August 16).

If the employee plans to take advantage of the day of rest, say, September 1, then in August he should receive the same amount of earnings as in the previous case. September wages will not change.

All calculations should be made taking into account the actual hours worked, i.e. if the norm is not developed, then the time of absence from the workplace is calculated according to the rules established by the Labor Code of the Russian Federation for each individual case (absenteeism, sick leave, vacation, etc.).

What is more profitable: a day of rest or monetary compensation?

As practice shows, many organizations and enterprises are faced with the problem of providing an additional compensatory rest day and monthly wages. It is still more convenient for the company to choose the tactics supported by Rostrud (pay for a working day at a single rate and a day of additional rest that does not affect wages) or pay at a double rate. Then the organization will be able to avoid claims and lawsuits from employees without any problems.

When you read the norms of the Labor Code regarding overtime work, as well as work on weekends, they seem extremely simple. Meanwhile, in practice, their application causes numerous difficulties.

What is written in the Labor Code ...

So, let's first take a look at what is written in the Labor Code.

Overtime work - work performed by the employee on the initiative of the employer outside the established duration of working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period (in accordance with part 1 of article 99 of the Labor Code of the Russian Federation).

In part 5 of the same article 99 of the Labor Code of the Russian Federation, it is written that overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year.

Article 152 of the Labor Code of the Russian Federation states that overtime is paid for the first two hours of work at least in one and a half amount, for the next hours - at least in double the amount.

According to article 153 of the Labor Code of the Russian Federation, work on a weekend and a non-working holiday is paid at least double:

piece-workers - at least at double piece-rate rates;
employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;
employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if work on a weekend and a non-working holiday was performed within the monthly norm of working time, and in the amount of at least double hourly or daily rate in excess of the salary, if work produced in excess of the monthly rate.

Let's explain these norms with simple examples.

So, we have given the norms of the Labor Code. Now we will try to explain how to apply these provisions using simple examples.

What is overtime

So, overtime work is work performed by an employee on the initiative of the employer outside the established working hours:

daily work (shift) (see Example 1), and
work in excess of the normal number of working hours for the accounting period (see Example 2).

Overtime restrictions

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. In this norm, too, at first glance, everything is simple.

Overtime pay

Overtime work is paid for the first two hours of work not less than one and a half times, for the next hours not less than twice. Well, everything here seems very simple too.

Continuation of Example 3

Continuation of Example 4

Continuation of Example 2

Payment at the weekend

Work on weekends and non-working holidays is paid at least in double the amount:

piece-workers - not less than double piece-rate rates (see Example 8);
employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate (see Example 9);
employees receiving a monthly salary - in the amount of not less than a single daily or hourly rate in excess of the salary, if work on a weekend and a non-working holiday was performed within the monthly norm of working time, and in the amount of at least double hourly or daily rate in excess of the salary, if work produced in excess of the monthly rate (see Example 10).

Using simple examples, we have explained how the law works. And now let's analyze the more complicated "tasks".

Are overtime and weekend work the same thing?

So, it would seem that everything is simple, but in fact, the norms of our legislation are drawn up in such a way that we often do not know how to apply them. Let's think about it, are the concepts of "overtime" and "work on weekends" identical? If you try to answer this question, you will find that in some cases we equate these concepts with each other, and in some we consider them different from each other. Moreover, we are usually guided by common sense, and not by the literal rule of the law. Let's give a concrete example.

In part 5 of article 99 of the Labor Code of the Russian Federation, it is written that overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year. Agree, when we read the first half of this sentence, we are assuming that weekend work and overtime work are completely different things. And the norm, according to which an employee must work no more than 4 hours for 2 days in a row, has nothing to do with weekends. After all, an employee usually works on Saturday or Sunday for 8 hours. But when we read the second half of the sentence (overtime work should not exceed 120 hours per year for each employee), most of us assume the diametrically opposite premise that overtime and work on weekends are the same thing. And 120 hours includes work on weekends. What are we guided by in this? Common sense! Although, in order to consider oneself absolutely right in this situation, part 5 of Article 99 of the Labor Code of the Russian Federation should have been formulated as follows: overtime work should not exceed four hours for each employee within two days (if we are talking about working days) in a row and 120 hours a year.

The situation is even more difficult when it comes to paying for work on weekends. In simple situations, everything is really clear: if a person works overtime on weekdays, then we pay for the first two hours of work in one and a half, and the next - in double. If a person is recruited to work on weekends, then the salary for all hours will be calculated at a double rate. Reading the rules regarding pay on weekends and for overtime work, we are absolutely sure that these are different things and you need to pay for such work in different ways. However, usually, if an organization involves employees for work on weekends, then they work 8 hours (the same as on weekdays), which are paid double, but not 13, as written in the letter. In this case, the dispute seems to be as follows. Workers, who appear to work eight hours a day on a five-day work week, have been recruited to work on weekends. The organization of the enterprise, having read that article 153 of the Labor Code of the Russian Federation says that work on a weekend and a non-working holiday is paid at least double the amount, and multiplied the hourly wage rate when paid by 2. The State Labor Inspectorate found 5 hours that were worked outside 8 hours normal working hours, overtime. Therefore, in her opinion, overtime for the first two hours should be paid according to the formula: double pay for a day off is multiplied by one and a half for overtime work, plus for the next three hours, pay is made according to the formula: pay double (for a day off) is multiplied by 2 (for overtime work). The logic seemed strange to the organization, since at first glance it seems that double the size for work on the day off includes payment for the fact that the employee works extra time. Of course, this situation is controversial from the point of view of legal assessment, because the legislation in this case can be turned this way and that.

Let us turn again to Article 99 of the Labor Code of the Russian Federation, according to which overtime is considered to be work performed on the initiative of the employer outside:

Normal working hours.
Daily work (shift).
Work in excess of the normal number of hours worked during the reference period.

On the one hand, the logic of labor inspection seems to be correct. After all, if the duration of daily work (shift) is 8 hours, then all the rest of the time that has gone beyond this limit is work outside the limit of daily work (shift). That is, it should be regarded (see paragraph 2 of the list) as overtime work and paid according to the rules of Article 152 of the Labor Code of the Russian Federation, which says that overtime work is paid for the first two hours of work at least one and a half, for subsequent hours - at least than double the size. On the other hand, weekend work is always work outside the normal working hours (see point 1). Indeed, in this case, a person will work more than 40 hours a week. But no one says that the first two hours of work on the day off must be paid at first in double the amount, multiplied by one and a half, and the subsequent hours - in double the amount, multiplied by two. But if the number of hours worked by him does not deviate from the normal duration of the work shift, there is no talk of paying for this day under the rules of Article 152.

Since there is no judicial practice in the application of this article, as there is no clarification on this issue, it is impossible to say which of the parties is absolutely right. After all, legislation here can be turned in one direction or the other. In addition, it is not clear: if the extra 5 hours were regarded as overtime, why was it not qualified as an offense, because, in accordance with Article 99 of the Labor Code of the Russian Federation, overtime work should not exceed four hours for each employee for two days in a row. Well, on my own behalf, you can advise: so that such disputes with the labor inspectorate do not arise, do not force the employee to work on a day off for more than normal working hours on weekdays.

How to pay for overtime work and work on weekends with the summarized accounting of working hours?

Document fragment

Article 104 of the Labor Code of the Russian Federation "Summarized recording of working hours"

In organizations or when performing certain types of work, where, according to the conditions of production (work), the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period (month , quarter and others) did not exceed the normal number of working hours. The accounting period cannot exceed one year.

The procedure for introducing the summarized accounting of working hours is established by the internal labor regulations of the organization.

Overtime and weekend wages are often problematic in aggregated time tracking. So, let's try to figure out how payment is made using simple examples.

Usually, the summarized accounting of working time is carried out at enterprises with a shift schedule. In this case, as a rule, either a year or a month is taken for the accounting period. If the number of hours in the accounting period exceeds the normal duration of working time, then the first two such hours are paid in one and a half amount, the rest - in double.

When scheduling work, you should take into account two norms of the Labor Code. Firstly, the norm according to which work for two shifts in a row is not allowed, and secondly, the norm according to which continuous rest must be at least 42 hours per week.

Sometimes, according to the schedule, the working day of an employee working in shifts falls on a generally recognized day off or holiday. The question arises: how to pay for work on such days, at double or single rates? The following answer can be given to it: if the working day of such an employee falls on a holiday, his payment should be made at double rates (even if the number of hours in the accounting period does not go beyond the normal number of hours).

As for weekends, the corresponding norm of the Labor Code of the Russian Federation refers to days off for specific employees, and not on generally accepted days off in general. In other words, if, for example, some working day of an employee falls on Sunday, it must be paid in a single amount, but if you ask a person to leave on the day when he has to rest according to the schedule, then this work must be paid in double size (even if the number of hours in the accounting period does not exceed the normal number of hours).

At some enterprises, management and personnel officers sincerely believe that if the production keeps a summary record of working time, then a person can be forced to go out on his day off, according to the schedule, and if at the same time the number of hours during the accounting period does not go beyond the normal range, pay such work in a single size. This approach is absolutely wrong. And if on a generally recognized day off work of a "shift" is paid in a single amount, then in his own - with compensation for such injustice - in double.

Let's try to understand the situation described by the author of the letter. If we look at the production calendar, we can see that in January the normal working hours are 128 hours. A work schedule was drawn up, according to which the employee had to work 156 hours, including 32 holiday hours. As we can see, the employee, according to the schedule, must work significantly more than the normal working hours in January. But since the accounting period is a year, in the following months, in theory, such overwork should be compensated (that is, the person making the schedule should try to make the employee work less than the normal number of hours in February, March, etc.) ... If a person worked according to the schedule, then we would pay him double the amount of 32 holiday hours, in a single amount - the remaining hours (156 - 32 \u003d 124 hours). And at the end of the year we would have seen if our employee has "extra" hours. If they were available, they would make an appropriate additional payment (taking into account the fact that the first two hours of overtime work are paid in a single amount, and the next - in a double amount). However, the employee worked 184 hours instead of 156 hours, which is 28 hours more! Of all hours worked, 48 are holidays. In this case, a number of questions arise: why did it happen that the employee did not work on schedule? With such a number of hours, was it possible to comply with the requirements of the legislation, according to which continuous weekly rest should be at least 42 hours and work during two shifts is not allowed? Without seeing the work schedule and time sheet, one can only assume that the employee went to work on his days off. Accordingly, both 48 hours of holidays and 28 hours of weekends in this case must be paid in double amount. The rest of the working hours are paid in single. Whether there is overtime that needs to be paid in an increased amount, you will determine at the end of the year.

Quite often, due to certain circumstances, managers are forced to attract employees to work on the days of their legal rest, including weekends and holidays. In order to avoid further claims against the employer and to avoid various unpleasant stories with disregard for going to the workplace, it is necessary to document well all the nuances of payment for work on the day off, making it legally correct. If this is not done, then in the future this may lead to conflict situations with the company's employees, which, in turn, will cause legal proceedings.

When to celebrate - it is decided from above

The legislation provides for an officially approved schedule of holidays that are non-working in our country. The list of days off is approved annually. If an employee needs to work on one of the holidays or weekends with a five-day working week prescribed in the contract, then the employee has the right to receive extra paid time off or pay for work at a double rate.

How is work paid on a day off? Let's expand on the topic in more detail.

Involvement in work on a non-working day

In order for an employee to go to work on an official day off, you need to obtain his written consent in advance to perform this action. A prerequisite is precisely written consent, and not just oral. This moment is provided for in article 113 of the Labor Code. Among other things, this consent will ensure the content of the order to attract an employee to work on a day off.

When is an affirmative answer required?

There are situations provided by the law when his consent is not required to involve an employee in work unscheduled. Such circumstances include:

1. Prevention of a disaster or elimination of the consequences of an accident that has already occurred.

2. Prevention of industrial accidents.

3. The need to carry out urgent work, the need for which arose due to the declaration of martial law or a state of emergency in a certain area.

Obviously, these circumstances are few and, fortunately, they arise quite rarely. Therefore, in most cases, you will need to secure the employee's voluntary consent to engage him in work on a legal day off or holiday.

Ways to inform about work activity

How is work paid on a day off? It depends on a number of circumstances.

The organization has the right to independently determine the form in which the employee will be notified about the need to work on the day off. The most common form is an offer or notification. The notification document must contain the reasons for going to work, the time and date, and compensation options. After familiarization, the employee signs the document with a signature. If necessary, you can specify the selected method of payment for work on the day off. If the choice fell on an additional day off, but the employee cannot specifically indicate the date, then in the future he will write another statement.

Who has the right to refuse?

There are categories of citizens, including persons with disabilities, minors, single mothers raising children with disabilities, which should be highlighted in a separate column, since, in addition to signing a consent to pay for work on weekends and non-working holidays, they also confirm their awareness of the possibility refuse to go to work at this time in principle.

Registration of the order

Having received the written consent of the employee to engage in work on the day off, the employer can draw up an appropriate order. There is no general form for it. Sometimes the employer may decide not to issue an order. This is due to the reluctance of the employer to keep records of work on the day off in double volume or to give him an additional day off. However, this practice is quite destructive and fraught with unpredictable consequences.

In judicial practice, the vast majority of such conflicts are not resolved in favor of the employer. As a rule, it is not difficult for an employee to prove the fact of work on a legal day off. The evidence base can be testimony, documents, an oral order from the employer, etc.

The resolution of such conflicts in court in favor of the employee is fraught with certain consequences for the employer in the form of large fines. To avoid such consequences, you should draw up all the necessary documents in a timely manner and correctly.

Financial compensation

The Law on Work on Weekends prescribes that compensation should be guaranteed if the employee leaves during this time, since such circumstances violate his rights to legal rest, prescribed in the Constitution. Compensation, as mentioned above, can be either monetary (in double volume) or in the form of paid time off.

How is work paid on a day off? Let's talk about this further. We will be based on legislation.

Article 153 of the Labor Code of the Russian Federation suggests that for going to the workplace on a day off, you should be rewarded in double amount. Thus:

1. Employees on piece rates receive double the rate for their hours worked.

2. Employees with hourly wages receive double wage rates for work on a weekend or holiday.

If an employee works for a fixed monthly salary, then two payment methods are possible in accordance with Article 153 of the Labor Code of the Russian Federation:

1. If the rate of hours in the current month is not exceeded, then the compensation is calculated based on one daily fixed rate, which is paid in excess of the established salary.

2. If the monthly rate is exceeded, the amount of compensation will not be lower than double the volume of the fixed rate.

The statement will not be superfluous

If the employee expresses a desire to take time off as compensation, but cannot accurately name the date, then he will need to write a statement. It is believed that additional applications are not needed to receive compensation, but they will not be superfluous and will help to avoid misunderstandings with the employer. More often, monetary compensation turns out to be more profitable than additional time off. It is important, however, that the amount of compensation is calculated correctly, especially when it comes to hourly wages. The issue of working on a weekend with a shift schedule is also topical.

The easiest way is to calculate compensation for those employees who did not go to sick leave and did not go on business trips in a month of work. In this case, the work norm is not exceeded, respectively, the employee will definitely have the right to receive a monetary reward for going out on a weekend. Many people are interested in information about working on a day off on a business trip.

Day off compensation

How is work paid on a day off except for monetary rewards?

Not all workers who have the opportunity to choose between compensation and extraordinary time off choose the former. There are also those who prefer an extra day of rest at any time convenient for them.

As mentioned above, the employee has the right to indicate a convenient date of time off already at the stage of familiarization and signing of the consent to be employed on a weekend or holiday. In this case, during the execution of the order, the employer will include in it a clause stating that compensation will be additional free time on a certain date. If the employee is not ready to name a specific number of days off, then before the required day he will write an appropriate application for the grant of the day off as compensation. The application must be signed by the employer.

Article 153 of the Labor Code states that regardless of how many hours an employee worked on a weekend or a holiday, he is still entitled to a full day off. Rostrud also adheres to this policy. The employee must be familiarized with the order on the provision of an additional day off by signing.

Despite the fact that the employee will be absent from work on an additional day off, this day is paid according to the Labor Code. This additional day is compensatory for the one when the employee went out after hours. If this rule looked different and the payment was not saved, it could not be considered compensation, as it would be considered a vacation at own expense.

It is especially important how the employer marks the day the employee is not on the time sheet. The corresponding note is made in a special program or report card. Otherwise, an incorrectly executed absence of an employee can cause unpleasant consequences for the employer.

When to take the day off?

The day off can be taken both in the current month, when the day off took place, and at any other time. The law does not provide for strict restrictions in this regard. Here is an example: an employee worked one working Saturday in August, but in the same month he did not go on day off. In this case, his earnings will be equal to the full salary plus one day of compensation. If an employee has expressed a desire to take advantage of the time off in September, then in August and in September he will have a full salary without any deductions.

All the above calculations are based on the actual hours worked. If the norm has not been worked out, then the calculation is made according to the Labor Code, taking into account each specific case.

Day off or compensation?

In practice, it turns out that employers have many problems with providing an additional day off and paying an employee for a month. For many companies, it is easier to be in solidarity with Rostrud and pay a single rate per working day plus additional time off with pay. In some cases, the employer pays for the exit on a free day at a double rate.

This policy will help the organization avoid debating and filing lawsuits with employees. Most of the problems with compensation payments arise with employees from the budget. For some unknown reason, such organizations prefer to give time off, rather than pay for work on the day off at a double rate. Most often, compensatory time off is added to annual leave or given to an employee on demand.

Sometimes the collective bargaining agreement prescribes a certain order of compensation, and the employee has no right to demand any other option. If such rules are not provided, then the choice remains with the employee. The economic situation is such that, whenever possible, employees prefer to take double pay for going to work on a day off.

It is important to clearly understand your rights and obligations and monitor the correctness of registration and regulation of labor activities. Only if you comply with all the rules and regulations established by law, you can claim compensation for work on weekends.

Summarizing all of the above, we can conclude that the employer has the right to attract an employee to work on a day off only with his written consent or in exceptional cases described in the law. That is, the employee has the right to refuse to comply with this condition. This is especially true of the above categories of citizens who have preferential working conditions. The choice of compensation is also the prerogative of the employee, unless otherwise provided by the terms of the contract with the employer.

Labor activity on non-working days and holidays is prohibited by law, in some cases it is allowed, but only with the written consent of the citizen himself. Women who have children under the age of three, as well as workers with disabilities, can be involved in work on weekends only if they are allowed to do so for health reasons. In this case, these persons must be informed in writing that they can refuse to carry out labor activities at the specified time.

Engaging in work

The legislation stipulates that citizens are not allowed on weekends and non-working holidays, this is exactly what Art. 113 of the Labor Code of the Russian Federation. Despite this, in some cases, citizens may be involved by the head in the implementation of labor duties, if this will allow them to continue to maintain normal work at the enterprise and in all its divisions.

In order to attract a citizen to work in non-working or holiday work, he must take a written consent from him. Otherwise, it will be considered a violation because it is possible to oblige an employee to perform work on holidays and weekends without his consent only under the circumstances provided for in Art. 113 of the Labor Code of the Russian Federation.

The fulfillment of labor duties by a citizen during non-working hours always occurs only on the basis of an order or order of the head of the organization, with which the employee must be introduced against signature.

Employee consent is not required

Despite the fact that involvement in work on weekends and even holidays is prohibited by law and is carried out only with the consent of the employee, which he gives in writing, Art. 113 of the Labor Code of the Russian Federation provides for a number of cases when work at a specified time is allowed even without his consent. This happens under the following circumstances:

In case of prevention of an industrial accident or disaster, as well as to eliminate all their consequences;

When there is a risk of damage to the organization's property;

For work related to emergencies and martial law;

If there is a threat to the life of the population.

In the event that these facts are absent, the manager has the right to engage employees outside working hours only with their consent.

Engaging people with disabilities and women with children under 3 years of age

Women who have children under the age of three, as well as people with disabilities, can carry out work duties outside of working hours only if it is not prohibited for them for health reasons and is confirmed by the conclusion of a specialist. In addition, these citizens must be familiarized with this by signing, as Art. 113 of the Labor Code of the Russian Federation.

Payment

When performing a labor function on non-working days, employees are entitled to an increased pay, which is increased at least twice. If the citizen himself, who worked on a weekend or on a holiday, wants to take another day for rest, then he should be given it. In this case, the time of his labor activity will be paid as for a normal working day.

Since labor activity on weekends and holidays is prohibited, but in exceptional cases it is permitted, in accordance with this, the payment will be at least doubled. That is why the norms of Art. 113, 153 of the Labor Code of the Russian Federation are inextricably linked, which allows the employer to make the correct calculation of the salary of the employee who worked at the specified time.

Written consent

Labor activity outside working hours is allowed only with the written consent of the employee himself. This is spelled out in Part 2 of Art. 113 of the Labor Code of the Russian Federation. There is no specific sample in this case, so the application can be written by the employee in the name of his boss in free form.

A sample form for consent to work on weekends is as follows:

Director of LLC ____________

from citizen ____________

position______________

Statement

I inform about my consent to work on a non-working day at 00.00.00, I have no contraindications for health, which is confirmed by medical report No. ________.

Date _______ Signature _________ (transcript)

Overtime work

Work carried out by a citizen in excess of the time limit is called overtime. Persons who have given written consent to this are admitted to this type of labor activity. In addition, the employer in this case should take into account the opinion of the trade union.

Employees may be involved in overtime work without written consent in cases of disaster prevention, industrial accidents and emergency situations when there is a threat to the life of the population. The same circumstances are indicated in Art. 113 of the Labor Code of the Russian Federation. Overtime work is not intended for persons under the age of 18 and pregnant women, and women who have children under the age of three years and citizens who are disabled may be involved in it only if it is not contraindicated for them for health reasons, which is confirmed by a medical document.

Chief's order

Involvement of a person to work on a day off must necessarily be based on the order of the management. In this case, the will of the chief can be formalized in the form of an order in relation to a certain person. Of particular importance here are the circumstances under which a person goes to work. They must be truly valid and legal.

According to Part 8 of Art. 113 of the Labor Code of the Russian Federation, the involvement of employees on weekends or holidays is carried out only with a written order from the head, although there is no specific form for such a document. It is composed as follows:

LLC ____________ (name of organization)

Order No. ________

"On engaging in labor activity on non-working days"

00.00.00 year, city ___________

Due to production needs on the territory of _____________ LLC, I order:

1. To oblige to come to work for the performance of labor duties of an employee of the mechanical department ____________ (full name) on a holiday 00.00.00 of the year. In accordance with the Labor Code, pay double the salary.

2. The specialist of the personnel department to acquaint the citizen ______ (full name) with this order against signature.

Reasons:

Head of the Mechanical Department of LLC ____ (full name);

Employee consent.

Acquainted ________ (signature) _________ (transcript)

Interpretation

Art. 113 of the Labor Code of the Russian Federation with comments gives a full interpretation of all cases when it is allowed to attract workers to work outside of working hours. That being said, each part of the article interprets it differently:

The first states that work on non-working days and holidays is prohibited;

The second speaks of unforeseen circumstances in which the boss can involve an employee in work on weekends, but only with the consent of the latter;

The third gives the employer the opportunity, without the consent of the subordinate, to involve him in work on weekends and holidays, but only in certain cases;

The fourth indicates that the implementation of the labor activity of creative persons outside of working hours occurs only in the manner prescribed in the collective or other agreement;

In the fifth, other categories of workers are indicated who can be involved in work outside of working hours only with the consent of the trade union;

The sixth provides for the possibility for the implementation of labor activities by persons whose activities cannot be terminated and is mandatory for the population, for example, work in a workshop at a production site, at an emergency station, in a water protection area;

The seventh establishes the rights of people with disabilities and women who have children under three years old, they can refuse to work outside of working hours and holidays in writing;

The eighth is the final one and assigns to the employer the obligation to issue an order or order, if he engages subordinates to work on non-working days, indicating the level of increased pay.

Situations when prohibited work on weekends becomes permitted are indicated in Art. 113 of the Labor Code of the Russian Federation with comments, and examples here may be cases when certain categories of persons with whom an employment contract is concluded for several months may be involved in performing labor functions outside working hours and holidays with their written consent.

I do not agree to work on the weekend

Cases when persons do not agree to work on weekends and holidays are always encountered in practice. Here the boss can no longer influence the subordinate. Because engaging in labor activity at this time will be illegal, except for those exceptional cases, which are indicated by Article 113 of the Labor Code of the Russian Federation. The prohibition of work on weekends and non-working holidays directly justifies the fact that recruitment to work in this situation is unacceptable and can only occur with the consent of the person himself, which he will draw up in writing, and only if it is necessary to continue normal activities of the organization.

Permitted weekend work

Except for those cases when the performance of labor functions outside of working hours is unacceptable, there are types of work when their suspension is simply not possible and therefore permitted. On weekends, activities are allowed:

Manufacturing enterprises, for example, work in the shop at a factory or factory;

Organizations that serve the entire population, such as emergency and gas services.

It is also allowed to carry out urgent repair and unloading work.

Arbitrage practice

Despite the fact that all managers try to comply with labor laws, sometimes there are situations when workers, believing that their rights have been violated, turn to the courts for protection. And very often such processes win.

Example: a citizen with a disability worked as a cleaner at an enterprise. On the weekend I asked him to go out and collect the trash left over from welding. At the same time, the employer did not see the fact that the person is a person with disabilities. The citizen refused to work on the specified day, and his boss fired him for absenteeism. The employee went to court.

When considering the materials of the case, the court clarified that the termination of the employment contract was illegal, because the citizen is disabled, which means that he can be involved in labor activities outside of working hours, if it is not prohibited for him for health reasons in accordance with the medical opinion, as indicated by article 113 of the Labor Code of the Russian Federation. Cases of attracting employees on non-working days without their consent are directly spelled out in the code. Therefore, the dismissal of the person was unreasonable. As a result, the citizen was reinstated in the organization with compensation for moral damage and payment for forced absence.

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