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

The general day off is Sunday. The second day off with a five-day working week is established by the collective agreement or the rules of the internal work schedule. Both days off are provided, as a rule, in a row.

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

Comments to Art. 111 Labor Code of the Russian Federation

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

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

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

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

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

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

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

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

In connection with numerous questions related to the duration of work on a day off, transferred to a working day due to a holiday, the Ministry of Labor of Russia clarified: in cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the length of the working day to which the day off is transferred (Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 "On approval of the clarification" On the duration of work on a day off, transferred due to a holiday to a working day ").

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

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

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

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

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

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

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

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

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

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

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

Quite often, managers are forced, due to certain circumstances, to involve employees in the days of their legal rest, including weekends and holidays. In order to avoid future claims against the employer and to avoid various unpleasant stories with ignoring access to workplace, you need to document well all the nuances of paying for work on a day off, making it legally correct. If this is not done, then in the future it can lead to conflict situations with company employees, which, in turn, will lead to litigation.

When to celebrate - 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 an extraordinary paid day off or pay for work at a double rate.

How are you paid for working on a day off? Let's explore the topic in more detail.

Attraction to work on a non-working day

In order for an employee to go to work on an official day off, you must obtain his written consent in advance to perform this action. A prerequisite is 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 the employee to work on a day off.

When is a positive response not required?

There are situations stipulated by law when the employee’s consent is not required to engage an employee to work unscheduled. Such circumstances include:

1. Preventing the occurrence of a catastrophe or eliminating 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 occur quite rarely. Therefore, in most cases, it will be necessary to obtain the voluntary consent of the employee to involve him in work on a legal day off or holiday.

Ways to notify about work activities

How are you paid for working 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 of the need to work on a day off. The most common form is an offer or notice. In the notice document without fail Reasons for going to work, time and date, and compensation options should be spelled out. The employee, after familiarization, endorses the document with a signature. If necessary, you can specify the selected method of payment for work on a 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 disabled people, minors, single mothers raising children with disabilities, which should be highlighted in a separate column, because, in addition to signing the consent to wages on weekends and non-working holidays, they also confirm their awareness of the possibility of refusing to go to work at this time in principle.

Making an order

Having received the written consent of the employee to engage in work on a day off, the employer can issue an appropriate order. General form does not exist for him. Sometimes the employer may decide that it is not necessary to issue an order. This is due to the unwillingness of the employer to keep records of work on a day off in double volume or to provide him with an additional day off. However, this practice is quite destructive and fraught with unpredictable consequences.

AT judicial practice the vast majority of such conflicts are resolved not in favor of the employer. As a rule, it is not difficult for an employee to prove the fact of working on a legal day off. The evidence base can be witness statements, 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, it is necessary to draw up all Required documents timely and correct.

Financial compensation

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

How are you paid for working on a day off? We will talk about this further. Legislation will serve as our basis.

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 at a double rate. Thus:

1. Employees on piecework pay double the rate for hours worked.

2. Employees with hourly wages receive double the pay rate for working 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 norm of hours in the current month is not exceeded, then 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 amount of the fixed rate.

Application will not be redundant.

If the employee expresses a desire to take a day off as compensation, but cannot give the exact 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 is more profitable than additional time off. It is important, however, that the amount of compensation is calculated correctly, especially when it comes to hourly pay. The issue of working on a day off with a shift schedule is also topical.

The easiest way to calculate compensation is for those employees who did not go on sick leave during the month of work and did not go on business trips. Working norm in this case, it is not exceeded, respectively, the employee will definitely have the right to receive a monetary reward for going out on a day off. Information about working on a day off on a business trip is of interest to many.

Time off compensation

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

Not all employees who get the opportunity to choose between compensation and extraordinary time off choose the first. There are 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 for the day off already at the stage of familiarization and signing the consent to be hired on a weekend or holiday. In this case, during the execution of the order, the employer will make a clause in it that the compensation will be additional free time on a certain date. If the employee is not ready to give a specific number of days off, then before the right day he will write a corresponding application for a day off as compensation. The application must be signed by the employer.

Article 153 of the Labor Code states that no matter how many hours an employee worked on a weekend or holiday, he is still entitled to a full day off. This policy is also followed by Rostrud. The employee must be familiarized under the signature with the order to provide an additional day off.

Despite the fact that the employee will be absent from work on an additional day off, this day is paid in accordance with the Labor Code. This additional day is compensatory for the one when the employee went out after hours. If this rule had looked differently and the payment had not been kept, this could not be considered compensation, as it would be considered a vacation at one's own expense.

It is especially important how the employer will mark the day of absence of the employee in the time sheet. The corresponding mark is made in a special program or report card. Otherwise, an incorrectly issued absence of an employee can cause unpleasant consequences for the employer.

When to take a day off?

A day off can be taken both in the current month, when the exit took place on a free day, or at any other time. The law does not provide for strict restrictions in this regard. Let's give an example: an employee worked one working Saturday in August, in the same month he did not go on a 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 a day off in September, then in August and September he will have a full salary without any deductions.

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

Leave or compensation?

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

Such a policy will help the organization avoid disputes with employees and their filing lawsuits. Most problems with compensation payments arises with employees from the budgetary provision. For unknown reasons, such organizations prefer to give time off, and not pay for work on a day off at a double rate. Most often, compensatory leave is added to annual leave or given to an employee upon request.

Sometimes collective agreement prescribes a certain procedure for providing compensation, and the employee does not have the right to demand any other option. If such rules are not provided, then the choice remains with the employee. The current economic situation is such that, whenever possible, employees prefer to take double pay for going to work on their day off.

It is important to clearly understand your rights and obligations and monitor the correctness of registration and regulation labor activity. Only subject to compliance with all the rules and regulations established by law, you can claim compensation for working on a day off.

Summarizing all of the above, we can conclude that the employer has the right to engage 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 for the categories of citizens listed above, 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.

In any company, an emergency can happen - you urgently need to do work that was not planned. For example, the head of the transport department comes to you and informs you that tomorrow you need to call drivers to urgently deliver the goods. And tomorrow is Saturday. Do you have the right to pull workers on a legal day off? And if so, what is needed for this? According to the norm of the Labor Code, you can work on a day off, but voluntarily. And sometimes forced . It all depends on what the order to work on a day off is based on.

Legal grounds for calling to work on a weekend

Article 113 of the Labor Code basically prohibits working on weekends, but still establishes exceptions. Calling employees is possible if:

• on the weekend you need to do urgent work;
• it was not known beforehand;
• this will affect the coordinated work of the entire company or a specific department.

For example, your company is engaged in the production of metal structures. According to the contract with the counterparty, you must hand over the order on Monday, and some spare parts arrived at your warehouse only today (on Friday). In order not to disrupt the order, the workers need to work on the day off. If this is not done, the consequences are:

• the company will be charged a penalty;
• you can lose a customer;
• the credibility of the firm suffers.

The reasons for calling workers are good, so you can involve them in work on Saturday. But for this you need to get their consent!

How to issue a call to employees

Every command needs a reason.. In the case of being hired to work on a weekend it could be a memo. Example:

Director of Fortuna LLC Gorbunkov S.S.
from the head of the assembly site Frolov I.I.

memo

In connection with the possible disruption of the order, I ask you to bring to work on Saturday 12/26/2015. employees:
– Tapkina I.I. - welder;
– Bubina A.A. - locksmith;

25.12.2015 _____________ / I.I. Frolov

Now you need to get the consent of employees through notification:

Notification.

In connection with the possible failure of the order to involve in work on Saturday 12/26/2015:
– Tapkina I.I. - welder;
– Bubina A.A. - locksmith;
– Parezhkina B.B. - storekeeper.

Return to work on the day off 12/26/2015. agree:
____________________ / Tapkin I.I. - welder;
____________________ / Bubin A.A. - locksmith;
____________________ / Parezhkin B.B. - storekeeper.

It should be noted that for work on a day off, employees are either paid a double daily salary, or a single one, but they are additionally provided with time off. Therefore, in the notice, the employee needs to write for what remuneration he is offered to work - for a double rate or for time off.

Following the foundation preparing an order to work on a day off (sample):

Fortuna LLC
Sapozhnikov 25.12.2015

ORDER No. 13-o

Getting to work on a day off

Based on a memo from the head of the assembly site Frolov I.I., due to the fact that delivery of the order on time is under threat, which may affect the work of the entire company, in accordance with Article 113 of the Labor Code of the Russian Federation, I order:
1. Engage to work on Saturday 12/26/2015. assembly line workers:
– Shapkina I.I. - welder;
– Shubina A.A. - locksmith;
– Varezhkina B.B. - storekeeper.
2. HR Engineer Sapogova V.V. familiarize the above employees with this order.
3. Pay for work on a day off in a double amount (if the employee preferred a day off, then indicate the date of the day off, and pay in a single amount).

Director of Fortuna LLC _________________ S.S. Gorbunkov

Familiarized with the order:
_____________________ V.V. Sapogova (human resources engineer)
_____________________ G.G. Bashmakova (accountant)
____________________ / Shapkin I.I. - welder;
____________________ / Shubin A.A. - locksmith;
____________________ / Varezhkin B.B. - storekeeper.

Within the meaning of Article 113 of the Labor Code consent is not required if :

Consent to work on weekends and employees of the creative sector is not required:

• television;
• theaters;
• circuses;
• concert studios and cinemas.

But the condition for attracting such categories to the day off should be stipulated in the collective or in the employment contract.

Although the involvement of employees here is possible without their consent, You must notify them that you are working on a weekend.

Who can not be involved in work on the weekend

If, for health reasons, some employees are entitled to days off, which must be confirmed by a certificate, then it is impossible to work on weekends:

• disabled people;
• women who have children under the age of three.

The strict ban on weekend work applies to the following categories:

• minors (exception - creative workers) - article 268 of the Labor Code;
• pregnant women - article 259 of the Labor Code.

Refusal to work on a day off

An order to work on a day off is a mandatory document for an employer, its publication is required by the same 113th article of the Labor Code. It is mandatory to familiarize employees with such an order. If the employee does not agree to work on a holiday (and consent is required), he has the right to refuse work, even without signing anywhere . Without his written consent, you cannot hold him accountable.

But if the consent of the employee is not needed, and he did not go to work, this is already absenteeism. Just to apply disciplinary punishment, it is necessary that the employee knows what he is being punished for. Familiarized with the order - it means he knows.

But what if the employee does not want to work on a holiday and refuses to sign the order? In this case an act is drawn up on the refusal of the employee to familiarize himself with the order, and in the order itself it is necessary to mark - “refused to sign” .

We issue a refusal to sign:

Form of refusal to sign

• in the presence of two people, we ask the culprit whether he will sign the order;
• if he refuses, we draw up an act;
• the act is signed by both those who compiled it and witnesses;
• act attached to the order.

The text of the act is something like this:

Me, human resources engineer Sapogova V.V. in the presence of the cleaner Gryaznova D.D., secretary E.E. Bumagina this act was drawn up stating that at 14 hours 15 minutes in the office of the personnel department of Fortuna LLC, plumber Vantuzov Zh.Zh. refused to get acquainted with the order No. 13-o dated 12/25/2015. about attracting employees to work on a day off.

Carefully consider all signatures on the act so that the violator cannot appeal it.

Commented by Elena Kopteva, Head of Payroll at Acsour.

General provisions

The basic principles of remuneration on weekends and public holidays are set out in Article 153 of the Labor Code of the Russian Federation. The legislation provides for two payment options: in a double amount or in a single amount with the provision extra day recreation. The right to choose is granted to the employee independently and cannot be established by the Employer unilaterally. The amount of payment for work on a holiday depends on the system of remuneration for each employee: pieceworkers are paid at least 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.

Salaried workers ( official salary), work on a holiday is paid depending on how the time of work on a holiday correlates with the established norm of working time in the current month: work on a holiday was carried out within the norm, or in excess of the monthly norm of working time.

Based on the norms of Article 153 of the Labor Code, the minimum wages on holidays follow, but the employer has the right to establish a different, increased amount of wages in internal regulations.

The main difficulties for the Employer are the correctness of determining the hourly tariff rate and taking into account the norm of working hours for the correct calculation of payment on a holiday.

It is worth emphasizing that the Labor Code clearly defines the concept of the minimum wage, but does not spell out the procedure for calculating the hourly wage rate. The hourly rate is not regulated by law, but is determined at the initiative of the company.

The employer has the right to choose one of the following options for calculating this rate:

The division of salary by the norm of working hours according to the production calendar;

The division of the salary by the norm of working hours according to the current schedule of the employee;

The division of the annual salary by the annual rate of hours according to the production calendar;

I would like to note that the procedure for calculating the hourly rate must be fixed in the internal regulations of the company, however, unfortunately, not every organization pays attention to this.

Consider examples of payment on a holiday within the established norm of working hours and above the norm.

Example 1: Payment for work on a non-working holiday days when paid on an hourly basis tariff rate above the established working hours. There was no other day of rest.

Ivanov I.I. works according to the schedule of a five-day working week with an 8-hour working day. Salary 20 000 rubles. March 2017 was fully worked out - 22 working days (175 hours). On March 8, the employee was called to work for 5 hours. Since the total number of hours worked is 180 hours, which is higher than the established norm production calendar, then payment must be made at double the hourly rate. The hourly rate is calculated based on the norm of working hours according to the production calendar for the current month. The employer may establish a different procedure for calculating the hourly rate.

Wage for March will be: 21,142.85 rubles

Monthly salary: 20,000 / 22 working days * 22 = 20,000 rubles

Example 2: Payment for work on a non-working holiday, when paid at an hourly tariff rate, within the established norm of working hours. There was no other day of rest.

Ivanov I.I. works according to the schedule of a five-day working week with an 8-hour working day. Salary 20 000 rubles. In March 2017, 21 days were worked, 1 day was taken at his own expense without payment. On March 8, the employee was called to work for 5 hours. Since the total amount of time worked is 173 hours, which is within the established norm of the production calendar, payment must be made at a single hourly rate (part 4 of article 153 of the Labor Code of the Russian Federation).

Salary for March will be: 19,662.32 rubles

Monthly salary: 20,000 / 22 working days * 21 = 19,090.90 rubles

At the same time, only unreasonable absences (vacation at own expense, downtime due to the fault of the employee) can reduce the norm of working time. If the employee from example 2 was in a period of disability for 1 day, and not on vacation at his own expense, then payment for a non-working holiday must be doubled.

Justification for working on public holidays and potential risks

According to Article 113 of the Labor Code of the Russian Federation, for employees to go to work on holidays and weekends, a clear justification is required, which is described by the Code. The list of reasons permitted by law, for example, includes: prevention of a catastrophe, industrial accident or elimination of the consequences of a catastrophe, industrial accident or natural disaster. If going to work on a holiday is not associated with any of the legislative justifications, then the employer will need the written consent of the employee. In addition, it is required to inform the employee in advance about his forced exit on a non-working day and issue an appropriate order.

Separately, it is necessary to consider the case when wages on holidays and weekends are formed by the employer in excess of the norms of the Labor Code. In this case, the company will certainly face the risk of the justification of expenses when calculating income tax. There is an opposite legislative practice regarding the inclusion of expenses for payment on holidays in amounts higher than those established by the Labor Code. The Federal Tax Service permits this practice, while the RF Ministry of Finance has a different point of view and does not encourage such initiatives.

If a company decides to increase wages in excess of the norms of the Labor Code, then a clear justification for these costs is required, not to mention the correct execution of this initiative in accordance with Article 252 of the Labor Code and the employer’s willingness to defend its position before state structures.

If these standards are not observed, there may be risks of revealing violations of both Labor and tax inspections. The tax authorities will definitely pay attention to the presence of an order and the justification of expenses clearly stated in the LNA.

Variety of payment options on holidays and weekends

According to the previously mentioned Article 153 of the Labor Code of the Russian Federation, an alternative to double pay for employees on holidays and weekends is one additional day of rest.

If we interpret this provision literally, then we can come across the phrase that “an additional day of rest is not payable”, but in reality everything is different, as described in detail by the Rostrud Recommendations on payment for work on a holiday (approved by the Protocol of 06/02/2014 N 1 ). Unfortunately, many companies literally interpret this provision and refuse their employees to receive a full salary based on the results of the month worked, in which an additional day of rest was provided.

The employer must remember: if an employee insists on providing one day of rest instead of double pay, his salary cannot be reduced for that day. In this case, it is necessary to clearly understand whether the day off is included in the normal working time or not (Article 91), and pay attention to the fact that this day does not reduce the norm. The salary (salary) in the month when the day of rest is used is not reduced. It does not matter whether the employee takes a rest day in the current month or in subsequent ones.

Example 3: Payment for work on a non-working holiday days when paid at an hourly tariff rate. At the request of the employee, another day of rest was provided.

Ivanov I.I. works according to the schedule of a five-day working week with an 8-hour working day. Salary 20 000 rubles. In March 2017, 21 days were worked out, the norm was 22 days), on March 17 an additional day of rest was taken. On March 8, the employee was called to work for 8 hours.

The salary for March will be: 20,914.29 rubles.

Payment for work on March 8 is made in a single amount: 20,000 / 175 hours * 8 hours = 914.29 rubles.

Salary per month (does not reduce the rate): 20,000 / 21 working days * 21 = 20,000 rubles

In addition, it should be borne in mind that if your company concludes an agreement with an employee for less than two months, payment for work on weekends and holidays is only possible in double the amount.

The most common mistakes employers make and how to overcome them

Most often, employers violate legislative norms, incorrectly filling out work on a non-working holiday with employees. In addition, despite the unambiguous position of the TC, companies do not always inform employees in advance about their going to work on a holiday or receive consent to work. In order to minimize the risk of non-compliance with the law, the employer must take into account all holidays in advance and think over the distribution of the working time of their employees as early as possible.

Of course, the ideal option would be to prematurely discuss with the employee the possibility of working on holidays and weekends and options for its payment.

In addition to the main mistakes and difficulties mentioned above, the employer may encounter technical difficulties. For example, in some programs software there is no standard possibility of paying the full salary if an employee chooses an additional day of rest. The solution in this situation is to pay for work on a holiday at a double rate, and not pay for the day of rest.

Establishing an increased amount of wages on holidays in internal regulations will avoid the risk of incorrect calculation of wages on holidays below the norm of the Labor Code. According to the legislation, the fine for non-compliance with labor standards can be at least 50 thousand rubles for each employee. At the same time, the Labor Commission has the right to independently decide whether to charge a fine for each employee individually or in general for one case of violation of the norms of the Labor Code of the Russian Federation.

In addition, if the Labor Commission revealed incorrect payment of work performed during weekends and holidays, then the employer will need not only to make all the necessary payments, but also to pay compensation for the delay in wages.

Situations where employees work on weekends or holidays are a very common phenomenon.

So that the work of employees on official holidays does not bring problems to the organization, it is necessary to think over in detail the documentary basis for what is happening. Otherwise, disputes with colleagues are not ruled out, which may end in court.

According to Art. 112 of the Labor Code of the Russian Federation, in our country there are several days that are officially recognized as holidays. For going to work on his day off or holiday, the employee has the right to count on the usual day off or double compensation.

The same rules apply when working on weekends. For example, the agreement specifies a 5-day or 6-day work week, and the employee left on days 6 and 7, respectively.

The Right Motivation

In order to count on an employee on his legal day off, you must obtain the appropriate consent from him in advance. The presence of this paper is a guarantor of compliance by the employer with Art. 113 of the Labor Code of the Russian Federation (part 2). In addition, it will be required to draw up an order.

According to Art. 113 of the Labor Code of the Russian Federation (part 3), it is possible to oblige an employee to go on a day off without taking into account his opinion. Such cases include:

1. Liquidation of the happened catastrophe or prevention of possible.
2. Prevention of injuries at work.
3. Implementation of urgent work that arose due to the state of emergency.

Since such situations happen relatively rarely, the employer will still have to agree with the employee on all the nuances.

The company independently decides how to warn employees about upcoming changes in the work schedule. In this case, it is worth reporting their date, time and reasons. The text of the document necessarily mentions the possibility of receiving remuneration and other compensation (day off on any day, etc.).

The employee confirms his familiarization with the paper with a signature. It is necessary to clarify with him in advance about the preferred option for compensation. If the worker has not yet decided, he can do so in the future.

• Persons under 18 years of age.
• Single mothers with a disabled child.
• Disabled people.
• etc.

By signing the document, they confirm their awareness of the privileges they are entitled to.

Issuing an order

Occurs when the employer has the consent of all the workers required on the day off. Sometimes the employer does not issue this order in order to deprive employees of the due compensation in the future.

Prove performance in court job duties on a day off, the plaintiff (he is also an employee) can do it without any problems. The testimonies of witnesses, any documents of the organization, etc. are used. The plaintiff usually wins.

In order not to tarnish the reputation of the organization, the leader should initially do everything right.

Types of compensation

The Labor Code guarantees an employee to receive one of two compensation options in case of violation of his right to rest.

Material

Not every employee knows how he is paid for his work on weekends. labor code. According to the legislation, an employee can count on double pay (Article 153 of the Labor Code of the Russian Federation). If the employee's salary is fixed, there are two options for calculating and paying compensation:

1. One daily or fixed rate per hour of overtime work. This method is applicable if the employee has not yet exceeded the monthly hourly rate.
2. Similar to the first, but the rate is doubled. It is applied in case of working out of the established norm or its excess.

It is as simple as possible to make a calculation if during the last month the employee did not have business trips, extra days off, sick days. Often, the cash payment prevails over the additional time off.

extra day off

Sometimes an employee chooses to take extra time off instead of monetary compensation. You can choose a date immediately or write an application later. The day off can be in any convenient month. In the order about the chosen decision of the employee there will be a certain mark.

The employee receives a full day off, regardless of the amount of time unscheduled spent at the workplace.

After satisfying the application for additional time off, the employer issues an appropriate order. The employee must be familiarized with it against signature. At the same time, payment for the selected day remains as for a working day, since this day off is compensatory.

It is important to correctly record the absence of the worker at the workplace. Then, in case of any incidents during this period, the employer is released from liability for his employee.

The right to choose

Any of the enterprises in the event of unscheduled working days is obliged to offer employees all compensation options. Each of the workers has the right to choose the most preferable.

In practice, there is often the provision of additional days off. Moreover, this happens not at the request of the workers, but at the discretion of the management. This is especially true for workers budget organizations. Leaves can be arranged as:

• Additional days to the employee's main vacation.
• Like an independent day off.

The worker has the right to choose the most acceptable option for himself.

Sometimes the contract prescribes the conditions under which compensation for work on weekends or holidays takes place. If the employer has indicated the established norms in advance, the employee is not entitled to demand another option for compensation.

When hiring, you must agree in advance with potential employer all those subtleties. This will help you avoid future conflict situations and infringement of someone's rights.