How are holidays paid? Are holidays paid at the salary according to the law.

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

pieceworkers - at least at double piecework rates;

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

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

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

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

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

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

Comments to Art. 153 of the Labor Code of the Russian Federation

1. According to Art. 37 of the Constitution of the Russian Federation, every employee is guaranteed days off and holidays by the state. Work on weekends and non-working holidays is generally prohibited. The employer has the right to involve the employee to work on a weekend or holiday only on the grounds established in Art. 113 TK. This article provides for 3 cases, in the presence of which the employer has the right to involve the employee in work on weekends and non-working holidays. In addition, the employer may establish additional grounds for involvement in such work.

2. Art. 113 of the Labor Code lists the categories of workers whom the employer does not have the right to involve in work on weekends and non-working holidays.

3. If the employee own will worked on a weekend or non-working holiday, he is given another day of rest at his request. Work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Thus, work on a day off is either compensated by payment in the amount of daily earnings, or can be replaced by a day of rest.

4. If an employee on a weekend or a holiday did not work a full day, but only part of it, for example, 6 hours instead of 8 hours, then he is given a day of rest in full.

Activities on non-working days are prohibited by Russian law. But every rule contains exceptions.

It is possible to involve citizens in the labor process on weekends with their written consent in the event that an organization has unforeseen work in advance, the failure to perform which may adversely affect its activities in the future.

Nuances of the Labor Code of the Russian Federation

Without the consent of employees, it is possible to involve them in work in 3 cases:

• To prevent accidents and natural disasters.
• To eliminate accidents and destruction of the property of the employer.
• To work in a state of emergency or martial law, etc.

Recruitment of ministers to work on weekends creative professions carried out according to the list approved by the Government of the Russian Federation.

Article 113 of the Labor Code prohibits the use of such labor by disabled people and women with children under 3 years of age whose health condition is unsatisfactory (according to a doctor's opinion). Therefore, these categories of persons must be notified of the possibility of waiving the obligation to work on non-working days.

The Labor Code enshrines the obligation of the employer to pay double the amount of weekend work, in particular:

• employees - under double standards;
• persons whose wages are calculated by hours and days - at double tariff rates;
• employees whose salary is calculated on the basis of the established salary - not less than the daily rate (in the case of work within the monthly standard) and at least twice the daily rate (in the case of labor activity exceeding the monthly limit).

The Labor Code of the Russian Federation provides for the establishment of certain amounts of remuneration for the conditions under consideration and, as well as other local acts of the organization.

At the written request of the employee who worked on the weekend, the employer may provide him additional day off. In this case, the remuneration is paid according to the following scheme: the amount of payment for the non-working day worked is calculated in the usual amount, and the day of rest is not paid.

You can learn more about all the nuances of such a process from the following video:

Compensation calculation

On piece-rate payment

The driver Nikolaev N. receives 150 rubles for each trip. In the reporting month, he made 190 trips. Nikolaev was brought to work on 2 days off, during which he made 20 trips. Let's determine the amount wages for the past month:

• (190-20) * 150 \u003d 25,500 rubles;
• 20*150*2=6,000 rubles.

The total salary of Nikolaev will be 31,500 rubles.

With hourly pay

Locksmith Kirillov G. worked 130 hours a month, including 8 hours on Sunday. The hourly rate of a locksmith is 250 rubles. Let's determine the amount of Kirillov's salary for the past month:

• (130-8) * 250 \u003d 30,500 rubles;
• 8*250*2=4,000 rubles.

The total salary will be 34,500 rubles.

At daily rate

Painter Stepanov P. worked 20 working days per month, including 2 days on holidays. Daily rate - 2000 rubles. Determine the amount of wages for the past month:

• (20-2) * 2000 \u003d 36,000 rubles;
• 2*2000*2=8,000 rubles.

The amount to be paid to Stepanov is 44,000 rubles.

With the salary system (exceeding the established norm of working hours)

Watchman L. Kopylov worked 150 hours, including 5 hours on a day off. His salary is 20,000 rubles. Taking into account that the standard working time in this case is 143 hours, and based on the conditions it is exceeded, the compensation for the day off is payable at double the rate.

Determine the hourly rate. There are 3 ways to calculate it:

• the ratio of salary to the norm of working time according to the production calendar;
• the ratio of salary to the norm of working hours according to the schedule of the employee;
• the ratio of 12 salaries to the norm of working hours per year.

The legislation does not clearly regulate the method of calculation. We use method 3. There are 1974 hours in a 40-hour work week in 2016, so:

• (20,000 rubles * 12 months) / 1974 hours \u003d 121.58 rubles / hour.

Holiday pay will be:

• 121.58 * 5 * 2 \u003d 1,215.8 rubles.

With a salary system (no excess of the established norm)

Technician Mashkina G. worked 143 hours, including 2 hours on a day off. Her salary is 15,000 rubles. Taking into account that the norm of working time in this case is 143 hours, and based on the conditions it does not exceed the standard, then compensation for work for the day off is subject to payment in the usual amount.

First you need to determine the hourly rate. It is calculated similarly to example 4:

• 15,000 rubles * 12 months / 1974 hours = 91.19 rubles / hour.

Additional payout:

• 91.19 * 2 = 182.37 rubles.

Registration procedure

• It is necessary to exclude persons who, in accordance with the Labor Code, cannot be involved in the output work process. These include:
  • pregnant women;
  • minors under the age of 18 (except for creative workers, whose categories are approved by the Government of the Russian Federation, as well as athletes).
• Notifying employees in writing. It should contain information on the dates of entry to work of a certain person, indicating his full name, position, as well as the name of the structural unit in which the citizen will be recruited.
  The letter is being drawn up in 2 copies- one for the employer with the employee's mark of familiarization, the other - for the employee himself. This document is subject to registration in the log of registration of notifications. In case of refusal of a person to familiarize, an act is drawn up.
• Obtaining the consent of the employee to engage in work, which is drawn up in writing. This paper is not regulated by law, therefore, it can be drawn up in a simple written form.
• Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note exactly what the order is the main document that serves as the basis for involving employees in such work. Therefore, it must contain information about the employee, days of going to work, as well as information about his familiarization with the document. Details of familiarization is located at the bottom of the order. The citizen puts his signature and date.
  In order to avoid further disputes, it is recommended to include in the text of the paper information about the possibility to refuse such work. If you refuse to familiarize yourself with the document, it is recommended to fix given fact in the act.
• Paper registration in

According to the provisions of Article 153 of the Labor Code of the Russian Federation, an employer can provide an additional day of rest for work on a weekend, or pay double for work

For work on holidays and weekends, the employer is obliged to provide the employee with either an additional day off or double the payment for work, in accordance with the provisions of Article 153 of the Labor Code of the Russian Federation. At the same time, there are a number of nuances that we will talk about today.

How do I pay for work on weekends or holidays?

For work on a weekend or holiday, the legislation assumes payment of at least double the amount, while:

• in case of piecework wages - at least at a double rate, in accordance with the piecework agreement (paragraph 2, part 1, article 153 of the Labor Code of the Russian Federation);
• when working at tariff rates (hourly and daily) - at least twice the hourly or daily rate (paragraph 3, part 1, article 153 of the Labor Code of the Russian Federation);
• in case of salary payment (official salary), the calculation is made from the daily (hourly) rate. There is a nuance here: if work on a weekend or holiday has become above the norm for a month, payment is required in double the amount, in accordance with the generally established procedure. If the monthly output rate has not been exceeded, a single amount of payment is provided for going to work on a weekend or holiday date (paragraph 4, part 1, article 153 of the Labor Code of the Russian Federation).

It should be noted that for work on holidays and weekends, the employer has the right to establish specific amounts of payment, this should be reflected in the collective agreement, labor contracts with employees and other local legal acts.

In addition to payment, the employee has the right to ask for another day of rest for going out on his non-working day. It is also enshrined in labor law. In this case, the day of going to work on a weekend or holiday must be paid in a single amount, and the day of rest chosen by the employee is not paid. We talked about this in our previous articles:

The convenient and functional Salary and Personnel program from Bukhsoft will allow you to correctly and quickly make any calculations related to the remuneration of employees of your company.

Payroll for holidays and weekends in 2017 - examples

Each form of remuneration has its own peculiarities of calculations, enshrined in the provisions of Article 153 of the Labor Code of the Russian Federation. Let's take a look at these features with examples.

Payroll calculations

Pieceworkers for work on weekends are supposed to be paid twice.

Confectioner Petrov baked 70 cakes in March 2017. At the same time, he went to work on March 8 (an official public holiday) and once on his day off - on Sunday. The confectioner baked 10 cakes these days. Payment for one finished pastry is 500 rubles.

The salary for March, excluding work on holidays and weekends, will be:

• 31,500 rubles \u003d (70th edition - 7th edition) x 500 rubles.

For going to work on a holiday and a day off, a double payment is set, in our case:

• 10,000 rubles = 500 rubles. x 10 pcs. x 2

Thus, for March, Petrov should be paid a salary in the amount of:

• 41,500 rubles = 31,500 rubles. + 10 000 rub.

Calculation when paying at tariff rates

As in the case of piecework wages, the tariff system provides for double pay for work on a weekend or holiday, while calculations are made based on daily and hourly wage rates.

Plumber Ivanov worked 22 days in January 2017, 5 times he went to work on public holidays: January 3, 4, 6, 7 and 8. According to the tariff system of remuneration adopted at the enterprise, a daily rate of 2,000 rubles is provided.

Without taking into account going to work on holidays, the accountant calculates Ivanov's salary in the amount of:

• 34,000 rubles \u003d (22 days - 5 days) x 2,000 rubles.

And for work on holidays, the surcharge will be:

• 20,000 rubles = 5 days x 2,000 rubles. x 2.

Thus, for January 2017, a plumber should receive a salary in the amount of:

• 54,000 rubles = 34,000 rubles. + 20000 rub.

Calculations for hourly wages according to the accepted tariff system look different.

The electrician Sidorov worked 160 hours in March, of which he worked 14 hours on his days off - on Saturday and Sunday. At the enterprise, an hour of work at the rate is 250 rubles.

Excluding work on weekends, an electrician should be charged a salary in the amount of:

• 36,500 rubles \u003d 160 hours - 14 hours x 250 rubles.

Weekend work will be subject to a surcharge of:

• 7,000 rubles = 14 hours x 250 rubles. x 2

Sidorov's total earnings for March will be:

• 43,500 rubles \u003d 36,500 rubles + 7,000 rubles.

Payroll calculation

The salary of employees on a salary depends on three components:

• salary amount;
• the amount of time worked in a month;
• the size of the rate (part of the salary) daily or hourly.

Here one of important conditions when paying for work on a non-working day, the daily or hourly rate is used. The legislation does not define specific methods for calculating these rates, so accountants use several methods:

• the monthly salary of the employee is divided by the norm of time per month according to the production calendar;
• the monthly salary is divided by the norm of time according to the individual schedule established by the employee;
• annual salaries are summed up and divided by the rate of time that the employee must work in a calendar year.

Based on the above methods, pay for work on rest days and holidays is also calculated, including a double rate for work on a non-working day plus a monthly salary.

Let's look at one of the examples:

Turner Smirnov receives a salary of 42,000 rubles. In April 2017, he worked 21 days, of which one day he went to work on Saturday - his day off. The norm of working time in April, according to the production calendar, is 20 days. It turns out that the turner worked one day, for him the amount of compensation should be doubled:

• 2,000 rubles = 42,000 rubles / 21 day

Surcharge for going out on a non-working day:

• 4,000 rubles \u003d 1 x 2,000 rubles. x 2

April wages will be:

• 46,000 rubles = 42,000 rubles. + 4 000 rub.

Tax accounting of wages for weekends and holidays

According to the provisions of Article 128 of the Labor Code of the Russian Federation, remuneration for work on holidays and weekends is included in the remuneration system, which means it is economic benefit employee and is subject to personal income tax, and for the employer it is also subject to insurance premiums.

In addition, remuneration for work on weekends as part of the salary is included in the costs when calculating income tax.

When paying double the amount on non-working days, according to local legal acts, the company has the right to take these amounts into expenses in order to reduce the income tax base. If payment for work on holidays and weekends is made in excess of the norms established by labor legislation and approved by a collective agreement or labor agreement with a specific employee, then these costs are not grounds for reducing the tax base for income tax (clause 21, article 270 of the Tax Code of the Russian Federation). However, in any case, all payments are subject to personal income tax withholding and taxation of insurance premiums.

Remuneration for work on weekends and non-working holidays in the Russian Federation is regulated by Article 153 of the Labor Code of the Russian Federation. The Labor Code determines the procedure for calculating the amount of payments to an employee called upon to fulfill his official duties during holidays. The provisions of Article 153, namely the procedure for paying days off, are of interest not only to employees, but also to employers. As well as the procedure for processing documents for recalling an employee from the weekend. No one can force you to work on weekends. But in the Russian Federation, such a need very often arises. The payment must be double. The Labor Code of the Russian Federation (or, to be more precise, Article 153) tells in detail how to do it right so that the law is not violated and the employee is satisfied.

Most often, a call from a day off to work is due to production needs. The work schedule does not matter. If an employee works on a slippery schedule (for example, two in two, a day in three, etc.), then shifts that fall on holidays are also paid double. Which of the days are recognized as non-working can also be viewed by looking at the Labor Code of the Russian Federation. This information contained in article 112 of the Labor Code. The right to rest on weekends and the prohibition of going to work on weekends and holidays are indicated in articles 111 and 113 of the Labor Code. As mentioned above, the employer has no right to force a subordinate to work on weekends. First, his consent must be obtained. But at the same time, there are situations when a subordinate simply cannot refuse. They are also spelled out in the Labor Code of the Russian Federation. All these situations, as well as the procedure and amount of payment, the procedure for processing documents, we will consider further in the text.

In addition, users of the RightConsumer portal have unique opportunity get individual advice from our lawyers.

You can find out how the provisions of the Labor Code of the Russian Federation are applied in practice and how to use them in relation to your situation online.

The theme of work on the day of rest will be considered on the example of a five-day week. The Labor Code of the Russian Federation determines working days from Monday to Friday inclusive, if in employment contract no other conditions specified. The Labor Code does not allow calling to work a day that is not intended for work. In addition to these two days, any day of a public holiday is also a non-working day. The list of holidays can be found in article 112 of the Labor Code of the Russian Federation:

• the first five days of the new year;
• Christmas Day (07.01.);
• holiday of men (23.02.);
• World Women's Day (08.03);
• the first day of May;
• celebration of the victory in World War II (09.05);
• fourth day in November;
• 12 June.

According to the Labor Code at this time, subordinates can work exclusively at will (taking into account production needs). No one can force them. In addition, it is categorically impossible to call for the fulfillment of their duties:

• pregnant women;
• underage athletes;
• minors, with the exception of certain professions (television, circus, cinema, etc. - if they participate in the creation and / or performance of creative works).

Also, subordinates with a certificate of disability and mothers with small children (up to the child's third birthday) do not work on a day off. The above categories of subordinates must be notified that they have the official opportunity to refuse the authorities. In fact, they are considered notified when they put their signature on the order. The remaining categories of employees do not have the right to refuse a call to work on any day in the following situations:

• performance functional duties help avoid disaster
• performance of functional duties will help to avoid situations;
• the performance of functional duties is necessary to eliminate emergency situations or disasters;
• preservation of the property of the employer;
• the performance of functional duties is necessary in accordance with the regime that is adopted in the country / region when a war breaks out and / or hostilities are underway.

All of the above information is confirmed by the Labor Code of the Russian Federation. On our website, the consumer has the opportunity to study the Labor Code with the latest changes at the current time by downloading it to his computer.

How to pay (153 st)

Art. 153 of the Labor Code determines the procedure for paying for work on a holiday / day off. The basic rule is double the salary:

• if the work is piecework, then the calculation is based on piece rates multiplied by 2;
• if payment is made per day or per hour, then the established amount per day or per hour is multiplied by 2;
• if the employee works on a salary, then the daily or hourly rate is calculated depending on the size of the salary and multiplied by 2 - the money earned over weekends / holidays is added to the established salary.

Article 153 limits only the minimum size for calculations. That is, double the salary is the lower limit of the salary.

The amount may well change big side at the request of the employer. When making labor agreement there is an opportunity to discuss in advance the conditions for going to work during the weekend and the amount of payment. In addition to the above information, the provisions of Article 153 of the Labor Code give the employee the right to choose. Instead of double payment, he has the right not to work on any of the working days. That is, work during the weekend will be paid at the standard rate. In this case, the day off is not paid. The provisions of Article 153 of the Labor Code also determine the procedure for settlements with persons of creative professions (actors, television and radio workers, artists, circus performers, etc.). Their profession involves frequent work on weekends/holidays. For this category of people, additional remuneration is determined in the terms of labor agreements (individual and / or collective) or by the organization's own regulatory legal acts.

How to issue

To attract an employee to work on his weekend, you must obtain consent signed by his hand. And for this, he needs to be notified that his professional qualities will be useful to the employer on non-working days. A sample notice can be downloaded from our website.

The format of this document is non-binding and serves as an example only. Notification of employees occurs in random order. That is, the form of the document can have any form. Mandatory data in the content of the notice are:

• Full name of the employee;
• the reason for the withdrawal during non-working hours;
• day and month of the call;
• the amount of time to be worked;
• type of compensation ( cash reward or rest at other times).

In the notification, the subordinate makes a note of his good will to the boss's proposal and, if desired, independently chooses the type of compensation for the time spent. Separately, it should be noted about compensation. Employers, especially in the public sector, try not to offer double payment for the performance of duties by an employee during his vacation. It is easier for them to provide an additional day off, adding it to the vacation, for example. This is an infringement of the freedoms of a subordinate and a violation of his rights. The employee himself can choose which type of compensation suits him best. The only exception is when the type of compensation is prescribed in the terms of the employment agreement. At the same time, an additional output employee must also choose himself and not necessarily immediately. The subordinate may at any time write an additional statement and ask for the time off due to him.

The provisions of Art. 153 indicate that no matter how many hours are spent on the day of the call (even if not full time), the day off is provided in full. Subordinates who fall into the category of people whose recall from the weekend is prohibited (they are mentioned above) must be informed of the right to refuse (also against signature). After the good from the subordinate is received by the employer, he must issue this action with an order. The absence of an order can have a detrimental effect on the fate of the organization. As practice shows litigation, the court decides in favor of the employees. The only negative is that not every employee goes to court, guided by the fact that due to a small amount, you can lose your job. If you have any disagreements with the employer, including on the interpretation of Article 153 of the Labor Code, you can seek a free consultation from practicing lawyers. This can be done on the Consumer Rights website using the feedback form.

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

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

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

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

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

Working conditions on weekends and holidays

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

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

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

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

How are you paid for working on a day off?

The norm of Article 153 of the Labor Code is called upon to help negotiate with the employee about an unexpected return to work. It is she who establishes the minimum financial guarantees for conscientious and trouble-free employees. The law says that the payment for work on weekends in 2019 will not be less than double the usual rate for a particular enterprise. The very size of this rate and the method of its calculation are the prerogative of the enterprise. Usually, this technique is developed and fixed in the collective agreement, but this can also be done in a separate order ().

Minimum size additional payment for work on holidays and weekends will be 100% of the regular rate specified in the employment contract, art. 153 TK . It also says that the employer has the right to establish more high stakes. The method of payment directly depends on the chosen payroll system.

At fixed salary

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

Salary - 30,000 rubles / month

It is worth noting that the state has not set a period for calculating the “average”, so both options will become legal: both within a month and within a year. But the most fair in relation to employees will still be the method of calculating the annual rate. Thus, the employer is unlikely to achieve savings in the salary of employees, but can significantly reduce the likelihood of disputes between them. After all, there will be much more applicants for working out in May than in August.

On the "piecework"

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

At daily or hourly rate

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

It will be more difficult to calculate in the case of round-the-clock operation of the enterprise. Indeed, in this case, only part of the shift may fall on the weekend (from 0 to 24 hours). Here, care will be required from the timekeeper, who enters the data into the T-13 form. At the same time, one should not forget about the surcharge for night time. To the hours spent at work from 22.00 to 6.00 in the morning, at least another 20% of the rate should be added, art. 154 TK . However, contrary to the dreams of workers, 20% will be calculated from a single rate. It will turn out something like this:

Hourly rate - 200 rubles.

On a holiday worked from 12.00 to 24.00

Payment for extracurricular activities 12*200*2+2*200*0.2= 4880.00 rubles.

Extra rest

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

Not every employee is ready to sacrifice his free day and communication with his family on holidays in order to get paid for work on a day off. Many tend to choose time off instead of money. This possibility is provided for by Article 153 of the Labor Code. It is better to choose a method of such compensation before an order is issued, then it will be more correct to coordinate a specific day of rest for work on a day off according to the calendar.

As often happens in cases practical application provisions of legislative acts, in real life there is a conflict between the parties. The point is that Art. 153 of the Labor Code indicates that choosing a day off for work on a day off is the unconditional right of the employee, but nowhere is there an indication that he is free to determine its date without agreement with the employer. Reach an agreement in this issue and fixing it in an order or other document is of interest, first of all, to the employee himself. After all, absenteeism workplace on a day determined by the employee independently, it can be qualified as absenteeism.

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

In addition, the employee must understand that the legislator did not give the employer the right to compensate for the lost day off exclusively with time off. Only the worker has the right to choose between remuneration or replacement with another day of rest. In fact, the authorities may verbally insist on going to work for the day off. An employee can take such a step only on a voluntary basis; it is illegal to force him to refuse the monetary equivalent.

Registration procedure

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

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

In the process of registration, a few more points may be added, for example, on the issuance of a work order for work in extra time or another document. Everything will depend on the nuances production processes, as well as from the regulations approved by the enterprise itself.

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

Sample letter of consent to work on a day off

Because the natural disasters and catastrophes, fortunately, are less common than other unforeseen situations, the main document that gives impetus to the start of substantive planning of work on weekends can be considered the written consent of employees to involve them in it.

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

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

Under the written must be signed and dated.

Receiving such a detailed document will become a kind of insurance for the management of the enterprise. However, a simpler form can also be used. The employee can express his consent by putting an appropriate mark on this on the memorandum on the scope of work planned for the day off.

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

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