Activities in non-working days 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.

Attracting to work on weekends servants of creative professions is carried out in accordance with the list approved by the Government of the Russian Federation.

Article 113 Labor Code it is forbidden to use such labor for disabled people and women with children under 3 years old, whose health condition is unsatisfactory (according to the doctor's conclusion). 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.

Let's define the hourly tariff rate. There are 3 ways to calculate it:

• the ratio of wages to working hours 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. At 40 hour working week in 2016 there are 1974 hours, 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 norm, 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, and also the name 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 record this fact in the act.
• Paper registration in

The issue of paying time off for work on a day off is extremely relevant, since quite often in Everyday life we are faced with situations when it becomes necessary to work on generally accepted holidays. And for many, such work on a long-awaited day off is not uncommon. Do not rush and categorically say “no” to your leader. According to the legislation in force in Russia, if the presence of an employee is necessary on a weekend or a public public holiday, compensation is guaranteed to him.

How can I get a well-deserved rest for work on the weekend

This can be both directly double payment for going to work on weekends, and the subsequent provision of a day of rest in the future, however, then going to work, unfortunately, is paid in a single amount. Which days should be considered holidays and, therefore, non-working days (in addition to the generally accepted holidays specified in the Labor Code of the Russian Federation), what kind of compensation to expect for an employee who worked on holidays, what is the procedure for organizing work on holidays, etc. - all these rules the company can prescribe in the local regulations.

If in normative documents nothing is said about this, then the right to choose one or another compensation in this case, the Labor Code reserves for the employee. And quite often, employees choose "time off", in other words, the provision extra days rest for the amount of time that they have already worked.

Before allowing the employee to start work duties on his (according to the time sheet) day off or non-working holiday, it is supposed that the employer creates an order and familiarizes the employee with it “under signature”. As a rule, this order is needed in order for the employer to write down the date of the additional exit, the planned working hours, days or days, and what type of compensation guarantees double pay or subsequent time off for work on the day off.

If, in the order for compensation for work time nothing was said, the employee himself can make a decision and write an application for an additional (as the Labor Code calls it) day of rest. Such an application for time off as a single sample-form is not provided for by law. A sample application for time off can be requested from the company's human resources department. It is possible that in your organization the form for writing such a statement is free.

Important! The main thing is that this application for time off contains information that the employee wants to get rest for the work done earlier, which fell on a non-working day (due to holidays), in accordance with Art. 113 of the Labor Code of the Russian Federation.

The head is simply obliged to accept such a statement with a request to provide leave for previously done work and provide the required rest. And in the report card, the need to work is indicated as "PB", that is, a working day off, or the code "03". Below is the number of hours worked, the day off, as an OB, or the designation with the code "27".

Read also Features of paying sick leave for child care in 2019, how many days are paid

How will weekend work be paid?

If the request for a day of rest is satisfied, work on a day off or a generally accepted holiday will be paid in a single amount, and the next day of rest itself is not paid, as stated in Art. 153 part 3 of the Labor Code of the Russian Federation. At the same time, according to the explanations of Rostrud and the Ministry of Labor of Russia, the month in which the employee was given an additional day for rest is paid in full (the monthly salary must be paid in full).

In order to understand how compensation for time off for work on a day off is calculated and paid, how many working days will be indicated in the time sheet per month, and what the full salary of the employee will be in the end, it is necessary to consider two approximate scenarios for the development of events using an example.

The first option is when the employee draws up a day off in the same month

An employee works in a company with a 5-day work week, eight hours a day. He has a monthly salary, according to the employment contract. This employee worked all the days of the month set by the production calendar. And when the production need arose, he was brought to work on a holiday for the entire eight-hour working day.

Having written, he received an additional day of rest in the same month. When accounting in the report card, there will be marks with the letters “I” (appearance) - these are all his working days (it turns out that the monthly norm of the amount of working time has been completed), “RV” is celebrated one day on a holiday indicating the hourly duration and “OV” is a one-day vacation.

According to the report card, the full salary for the month will be accrued, and he will also receive payment for the hours worked on the holiday. The amount of this surcharge is easy to calculate. To do this, it is necessary to multiply part of his salary per hour by the actual number of hours worked on a holiday. It turns out that, in addition to the salary, the employee is charged a single tariff rate per day, which meets the requirements of the Labor Code. This is due to the fact that staying at the workplace on holidays is compensated by another day off provided on a future date, and the time limit for the month is not exceeded.

The second option - the day off is issued next month

The conditions remain the same. An employee works in an organization with an 8-hour day, five days a week. AT employment contract monthly salary is also included. The employee works out the full norm of the required working time every month. And so it happens that he is involved for one day to perform work, in case of a production need, on a holiday for the entire shift. Only now he writes an application for time off next month.

Let's consider situations when an employer can involve employees to work on weekends and holidays, the amount of additional payments for these days, depending on the wage system used at the enterprise, the features of paying a day off or a holiday to a seconded employee and creative workers.

MODE OF WORK AND REST

The employer has the right to independently establish the regime of work and rest, the system of remuneration in accordance with labor law, taking into account the peculiarities of the organization's activities, its needs for labor resources.

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

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

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

NOTE

When weekend and non-working days coincide holidays the day off is transferred to the next working day after the holiday.

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

CONDITIONS FOR INVOLVING TO WORK ON WEEKENDS AND HOLIDAYS

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

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

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

Sometimes obtaining employee consent to perform job duties weekends are not required. This is possible under the following conditions specified in Part 3 of Art. 113 of the Labor Code of the Russian Federation:

• to prevent or eliminate the consequences of an industrial accident, natural disaster, catastrophe;
• to prevent accidents, destruction and damage to the property of enterprises;
• to perform work, the need for which arose in connection with an emergency, including a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in work on weekends and holidays (Article 259 of the Labor Code of the Russian Federation). It is forbidden to use the work of minors on weekends, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation). Creative workers under the age of 18 may be involved in work at night and on weekends and holidays.

NOTE

Night time is considered from 22:00 to 06:00.

The performance of work on weekends by disabled people or women who have children under three years of age is possible with their written consent and in the absence of medical contraindications for working overtime.

Work on weekends and non-working holidays must be properly documented. Necessary:

• obtain written consent from the employee to go to work during holidays or weekends;
• familiarize the employee against receipt with the conditions of exit, including the right to refuse to work in their free personal time;
• notify trade union body(if any);
• issue an overtime order. The order must indicate the date and reason for the exit overtime work, duration of work, list of involved persons.

NOTE

When emergencies going to work on weekends and holidays can also occur by oral order of the management (before the issuance of the order).

All additional conditions for going to work on weekends and holidays can be prescribed in the internal regulation on remuneration.

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

Notification

dated 19.05.2017 No. 5

Need to work on weekends

Dear Oleg Ivanovich!

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

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

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

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

Director of Ritm LLC Klimanov V. M. Klimanov

Back side of the notice

Acquainted with the notice.

Agree to go to work 20 » May 2017

Exit conditions: Double pay for weekend work .

Medical contraindications for work: I have not .

Storekeeper Ivanov O.I. Ivanov 19.05.2017

PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS

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

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

IT IS IMPORTANT

The amount of payment for work on a weekend or non-working holiday, prescribed in the collective agreement, local regulations of the company and the employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing norms labor law(Article 149 of the Labor Code of the Russian Federation).

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. If the employee requested to provide time off, he must write an appropriate application. In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not payable.

If the amount of wages on a non-working holiday is less than the amount of wages established by labor legislation, then the employee has the right to apply to the State Labor Inspectorate. Based on the results of the audit, the employer may be held administratively liable for violation of labor laws. Officials faces a fine in the amount of 1000 to 5000 rubles., legal entities- from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For partial non-payment of wages for more than three months, criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation). However, according to statistics, employees rarely turn to the State Labor Inspectorate with such complaints.

Payment for work on a weekend and a holiday to a salary employee

For employees who have a salary, wages in excess of the monthly norm are calculated based on the daily or hourly rate (in excess of the salary).

daily rate is determined by dividing the employee's salary by the number of working days in a month according to the production calendar for which the salary is calculated.

For calculation hourly rate two options can be used.

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

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

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

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

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

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

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

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

60 000 rub. / 20 days = 3000 rubles.

2. We will calculate the payment on a holiday.

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

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

3000 rub. × 14 days = 42,000 rubles.

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

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

E. V. Akimova, auditor

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

Our enterprise in the next two months, by order of the authorities, temporarily switches to an enhanced mode of operation. You will have to go to work several times on weekends according to the schedule. This, of course, is not very convenient, the only thing that pleases us is the special double payment that the managers promised us for each worked day off. Are you close to this topic? Interested in:

• How is work paid on a day off according to the labor code?
• What does the legislation say?
• How is work done on weekends and holidays?

Check out the information in this article. I answered all these questions in a clear and understandable way.

The question of how the performance of labor duties on a day off is paid is regulated by modern labor legislation, article 153 of the Labor Code of the Russian Federation. In standard mode, work on weekends and holidays is prohibited. Activities are possible only in the most exceptional situations.

Each employee who returns to work during such a period is entitled to compensation - double pay or additional time off.

The ban on a person working on weekends has been adopted by law. The main purpose of this provision is to provide workers with high-quality good rest, and it is aimed at maintaining their health.

If, due to certain circumstances, it is required to organize work activities on weekends or holidays, the manager is required to comply with certain conditions:

• The presence of official consent from the person called to work;
• Obtaining official approval from the union, if one carries out their work in the enterprise.

Exist certain situations, in which an employee can be called without obtaining prior consent from him and without complying with the above conditions. We are talking about special urgent work, on which the success of the enterprise development directly depends:

1. Prevention of a complex emergency.
2. Professional elimination of the consequences of an accident or disaster.
3. Prevent loss or damage to tangible property.
4. The adoption of a state of emergency or martial law, in which there is a threat to the population of the Russian Federation.

In the event of such situations, all employees working at the enterprise, without exception, can be called to work on weekends. Professional orientation depends on the current situation. The exceptions are employees of such categories as:

• Pregnant women;
• Employees with disabilities;
• Parents with dependent children.

The call of specialists to work on the days of the prescribed rest is possible only with competently organized compensation.

Rules for compensation for work during rest

Compensation for going to work at such a time can be of two types:

1. Double time pay.
2. Providing an additional day off in full saving of salary.

In many organizations, the employee independently chooses the best compensation option for himself. To do informed choice, it is worth exploring each option in more detail.

Double payment

Features and calculation rules will depend on the payment system adopted at the enterprise and on the amount of time worked. Here are some payment rules:

• Piecework wages - receiving salary at double rates;
• Tariff rates – double tariff;
• Salary - a monetary addition to the established salary in the form of a single rate for a full day or in the form of hourly pay;
• A double rate, worked out in excess of the prescribed salary, is charged to those who worked during the rest period more than the minimum rate established for the month.

Double pay for labor activity must fully comply with the internal acts of the company.

The head of the company has the right to independently establish the rules for paying for going out on weekends. At the same time, the director is obliged to be guided by the Labor Code, article 8. It prohibits worsening general position employees by internal local acts. Also, the manager has the full right to change the position on payment. You can do this only in the direction of increase, for example, pay triple the amount and even more.

Additional day off

Providing an additional day off is another option for legal compensation for going to work on holidays. This rule is provided for by Article 153 of the Labor Code of the Russian Federation. Such a holiday is provided under the following conditions:

1. One day of rest is given for each additional day off worked.
2. Work in this case is paid at the usual rate.
3. The leave is paid.

As soon as an official request is received from an employee to replace double payment with a day of rest, the organization issues an appropriate order. It must include information such as:

• Initials and positions of the two parties;
• Grounds for granting a day off;
• Preferred number that can be changed as you wish.

The duration of the day off provided for compensation does not depend on the time worked during an urgent call!

For example, a person went to work on January 3 and worked for about 4 hours. As a legal compensation, he has the right to take a full paid day off. A day off can be issued not only in the month when an urgent return to work was made, but at a different time. There are no strict restrictions here. The most important thing is to write an application with a corresponding request in advance.

Leave or compensation?

As practice has shown, the employer very often has problems with the choice of what to provide - an additional day off or double pay. It is easier for many organizations to fully comply with the rules and requirements of Rostrud. According to these requirements, a working day on a regular day off is paid in a single amount and, as a supplement, a day off is given with full pay. Payment for a worked day off in a double tariff is used much less frequently.

Very often, compensation in the form of additional rest is used in modern budget organizations. Such a policy allows companies to avoid various problems and friction with employees, with all the ensuing consequences, up to litigation.

If employees choose additional compensatory time off, they can be established in advance and provided separately, they can add to annual leave. If necessary, the days are provided to the employee on an individual request.

In some organizations, weekend work activities, and compensation for doing so, are entirely controlled by managers. In other words, employees do not have the right to choose between double pay and extra time off. This is not a violation of the law. The main thing is to ensure that the rights of workers in such a settlement are not violated.

Registration of work activities on weekends

Attracting and calling employees to work on holidays and weekends requires mandatory written registration. It must be a contract and a special official decision. It is accepted and drawn up by the head on the basis of the goal set and on the features of standard work activity.

On the large enterprises, when making a working day off, the heads of departments must draw up a memorandum addressed to the director. It contains information such as:

1. Names of employees who are called to work.
2. The positions they hold.
3. Grounds for attracting specialists to perform work activities.

Based on the submitted application, the head makes the final decision on the expediency of working during the rest period. If the head of the enterprise agrees, he draws up an appropriate order.

The law does not establish a unified form for compiling and filling out this paper. The document is drawn up in full accordance with the rules and regulations adopted by the enterprise. Despite a certain freedom in the compilation, data such as:

• Goals set by the manager for the work weekend;
• Exact start date;
• Options for compensation for the implementation of labor activities during the rest period.

Employees who are called to work during the rest period must study such a document and put a personal signature.

Summing up

Double pay and the provision of additional time off according to the Labor Code are important guarantees for employees of modern companies and organizations. This is the protection of employees from various possible abuses by superiors. Specialists receive a guarantee to ensure their proper rest. Only under such conditions can the manager involve employees in the implementation of work on holidays and weekends.

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

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

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

Comments to Art. 111 Labor Code of the Russian Federation

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

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

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

2. With a 5-day working week, employees are provided with 2 days off 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.