As a general rule, work on weekends and non-working holidays is prohibited. But, as you know, there are exceptions to any rule. And in the situations listed by the Labor Code of the Russian Federation, subject to the mandatory observance of certain conditions, you can legally attract an employee to work on a holiday *. For such "inaccurate" work, he is, of course, entitled to additional compensation. Instead of double pay, the employee may be given another day of rest at his request. Today we will talk about how to do this. Please note that the same rules and procedure will apply when granting an employee a day off for work on a weekend.
Recall that in accordance with Part 1 of Art. 153 of the Labor Code of the Russian Federation, as a general rule, work on a weekend or a non-working holiday is paid at least in double the amount:
- piece-workers - not less than double piece-rate rates;
- employees whose work is paid at daily and hourly wage rates - in the amount of at least double the daily or hourly wage 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 a non-working holiday was carried out within the monthly norm of working time, 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 time.
At the same time, the specific amounts of payment for work on a weekend or a non-working holiday can be established by a collective agreement, a local regulatory act of the employer, adopted taking into account the opinion of the representative body of employees, labor contracts. Payment for work on weekends and non-working holidays of creative workers can be determined on the basis of the listed documents.
At the request of an employee who worked on a weekend or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and the day of rest is not payable.
Let's highlight the conditions for granting another day of rest.
Condition 1. Another day of rest is provided only at the request of the employee.
The initiative to provide an employee with another day of rest instead of double pay for work should not come from the employer. It is the employee who must make such a request, and it is desirable that it be formalized in writing - in the employee's application.
Condition 2. Another day of rest can be provided (and should not be provided) by the employer.
Another day of rest is provided at the request of the employee and with the consent of the employer. If the employer refuses to provide the employee with another day of rest, work on a non-working holiday must be paid double in accordance with the general rules. The head of the organization usually formalizes his decision by a resolution on the employee's statement.
Expert opinion
E.V. Orlova, Director of the Internal Audit Department of Como LLC
About compensation for work on a non-working holiday
If an employee takes another day of rest for work on a holiday, then work on such a day is paid in a single, not double, amount. At the same time, if an employee, despite another day of rest, completes the norm of working time in a month, then in addition to the salary, he needs to make an additional payment in a single amount for work on a holiday (part 3 of article 153 of the Labor Code of the Russian Federation).
That is, if an employee took another day of rest for work on a holiday in the same month as the holiday, then he worked out the monthly norm of working time. And the employer must pay him for work at the standard salary and one more day's share in addition to the salary for the holiday. In other words, the day of rest is not paid additionally, but wages are kept for this day.
If the employee takes another day of rest in another month, then for the month in which the employee worked on the holiday, he must receive a full salary plus one day's salary. And for the month in which the employee took an additional day of rest, the salary is full, although he will work one day less than the norm.
Thus, an employee who has worked the monthly rate of working hours in each month must be paid according to the situation.
Situation 1. If another day of rest is taken in the same month as work on a holiday:
- payment to the employee for this month = salary + one day part of the salary
Situation 2. If another day of rest is taken in another month:
- payment for the month in which there was work on the holiday = salary + one day's salary;
- payment for a month with a day of rest = full salary, that is, exactly as if he took another day of rest in the same month in which he worked on the holiday.
Condition 3. An employee is provided with a whole day of rest, even if he worked for several hours on a non-working holiday.
Part 3 of Art. 153 of the Labor Code of the Russian Federation does not make the duration of rest dependent on the duration of work on a holiday (see the letter of Rostrud dated 17.03.2010 No. 731-6-1).
Condition 4. Work on a weekend or a non-working holiday is paid in a single amount, and the day of rest provided to the employee is not subject to payment.
Condition 5. An employee may ask for another day of rest in another month.
The Labor Code of the Russian Federation does not contain a rule that another day of rest must be used in the same month when the employee was involved in work on a non-working holiday. This means that the day of rest can be used by the employee at other times. But the employee must inform about his desire to use another day of rest in the same month when he was involved in work on the holiday, so that the employer has all the necessary data to calculate his wages. Moreover, when making such a request, the employee may indicate in advance the date for using another day of rest, but he may not do this.
Condition 6. The employee is not given an additional day of rest, but another day of rest.
The total number of days off in the calendar period does not change (does not increase), and the day of rest is "transferred" from one day of the week (month) to another.
Let's see what actions need to be performed to provide the employee with another day of rest for work on a non-working holiday and what documents are required for this to be drawn up.
Stage 1: Receiving an employee's request to use another day of rest for work on a non-working holiday
Note! This stage is absent if the employee did not mention his desire to use another day of rest for work on a non-working holiday in such documents as: notification of the need to engage in work on a non-working holiday, a memo on the need to engage in work on a non-working holiday, or notification on the right to refuse to be recruited to work on a non-working holiday.
If the employee has made a written request to use another day of rest for work on a non-working holiday, see Step 2.
An employee's request to use another day of rest for work on a non-working holiday can be formalized in different ways, it all depends on the specific situation of attracting to work on a holiday and the rules of personnel records management adopted by the employer. Below we will consider only one option.
Receipt of an employee's request to use another day of rest for work on a non-working holiday on notification of the need to engage in work on a non-working holiday
If the employee was sent a notification or a proposal about the need to engage in work on a non-working holiday in situations where such engagement requires the written consent of the employee, then the employee, while drawing up his consent to work, at the same time declare his desire to use another day of rest in the future.
Step 1 We receive the employee's mark on the notification of the need to engage in work on a non-working holiday
Situation 1. The employee agrees to work on a non-working holiday and draws up a request for another day of rest without specifying the exact date.
Situation 2. The employee agrees to work on a non-working holiday and draws up a request for another day of rest, indicating the exact date.
Step 2 We forward the notification to the manager for consideration
To make a decision on attracting an employee to work on a non-working holiday, as well as on the possibility of providing the employee with another day of rest for such work, a notification is sent to the head of the organization or another official who has the right to regulate the working hours and rest hours of employees.
Step 3. We receive a notification with a resolution of the head
In his resolution on the notification, the head of the organization or other authorized official determines the actions that must be taken to attract an employee to work on a non-working holiday. Since in our example it is necessary to take into account the opinion of the elected body of the primary trade union organization, this must be reflected in the resolution. The consent of the employer's representative to provide the employee with another day of rest is also recorded here.
Please note: if the employer does not agree to provide the employee with another day of rest, then this should be reflected in the resolution and pay double the amount of work on the holiday.
Situation 1. The employee filed a request for another day of rest without specifying the exact date.?
Situation 2. The employee filed a request for another day of rest, indicating the exact date.
Stage 2 Receipt of the employee's application for granting him another day of rest for work on a non-working holiday
Note! This stage is absent if the employee and the employer have orally agreed to provide the employee with another day of rest for work on a non-working holiday. Also, the need for a statement disappears if the parties have previously reached an agreement (see Stage 1) on the date of the employee's use of the day of rest.
Step 1 We receive an application from the employee to provide him with another day of rest for working on a non-working holiday
Since another day of rest for work on a non-working holiday is provided only at the request of the employee, in practice the employee most often draws up a written application about this. It is advisable that in his application the employee should indicate not only the date when he wants to use the day of rest, but also the dates on which he was involved in work.
Step 2 We register the employee's application for granting him another day of rest for work on a non-working holiday
An employee's application for granting him another day of rest for work on a non-working holiday is registered in a special registration form developed for registering internal documents, for example, in the Journal for registering employee applications. In our example (see below), columns 1-4 are filled in the Journal form.
When registering, the requisite "Registration number" is drawn up on the application.
Step 3 We send the employee's application for another day of rest for work on a non-working holiday to the head of the organization
To make a decision on the merits of the request, the application is sent to the head of the organization or another official who has the right to regulate the working hours and rest hours of employees.
Step 4 We receive an application from the employee to provide him with another day of rest for working on a non-working holiday with the resolution of the head of the organization
The decision taken by the head of the organization or another authorized representative of the employer is drawn up by a resolution on the application. In the event of a positive decision, the resolution determines the employee responsible for preparing the draft order on providing the employee with another day of rest for work on a non-working holiday.
Step 5 We transfer information from the manager's resolution on the employee's application for granting him another day of rest for work on a non-working holiday to the Journal of registration of employee applications
After receiving the employee's application with a request to provide him with another day of rest for work on a non-working holiday with the resolution of the head of the organization or other authorized representative of the employer, in our example, columns 5-8 are filled in the Employee Application Log.?
Step 6 We send the employee's application to provide him with another day of rest for work on a non-working holiday to the case
A mark is made in the lower left corner of the document about the direction in the case of an employee's application with a request to provide him with another day of rest for work on a non-working holiday.
Stage 3 Issuance of an order on granting an employee a day of rest for work on a non-working holiday
Providing an employee with another day of rest for work on a non-working holiday is formalized by the order of the employer on personnel. The order is issued in free text form on the personnel order form developed by the employer.
Step 1 We draw up a draft order on granting an employee a day of rest for work on a non-working holiday
The order of the employer indicates the date of "time off" and a non-working holiday, for work on which a day of rest is provided.
The basis for the issuance of the order is the issued documents - the employee's statement and (or) other documents listed in Stage 1.
Step 2 We sign an order granting the employee a day of rest for work on a non-working holiday
The order is signed by the head of the organization or other authorized official.?
Step 3 We register an order on granting an employee a day of rest for work on a non-working holiday
The order must be registered in a special registration form, for example, in the Register of orders for personnel.
The corresponding registration number and registration date are stamped on the order.
Step 4 Introduce employees against signature with the order to provide the employee with a day of rest for work on a non-working holiday
The employee must be familiarized with the order on granting a day of rest for work on a non-working holiday.
Also, all interested officials should be familiar with this order. In our example, this can be the head of the exhibition center, the chief accountant, etc.
Step 5 We send an order to provide the employee with a day of rest for work on a non-working holiday to the business
Orders for personnel are stored separately from orders for main activities. At the same time, orders for personnel, which have different storage periods, should be formed into separate cases.
On the direction of the order to provide the employee with a day of rest for work on a non-working holiday, a mark is made in the case in the lower left corner of the order.
Information about the direction of the order in the case may be reflected in the registration form (see example above).
Stage 4: Making a timesheet
The employer is obliged to keep records of the time actually worked by each employee. Information about the employee's use of the day of rest for work on a non-working holiday must be recorded in the report card.
To account for the time actually worked by the employee until January 1, 2013, all employers used the time sheet and the calculation of wages or the time sheet for automated processing of credentials, the unified forms No. T-12 or No. T-13 of which were approved by the decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1.
After January 1, 2013, taking into account the requirements of the Federal Law dated 06.12.2011 No. 402-FZ "On Accounting", unified forms are applied by public sector organizations. Commercial organizations should apply their own forms of primary accounting documents for labor accounting and remuneration, in particular, timesheet forms. When developing their forms of personnel documents, employers - commercial organizations can take the previously used unified forms as a basis, revising them at their discretion.
In our example, time tracking is shown using Form No. T-13.
Please note: in the time sheet, another day of rest provided to the employee should be indicated with the same code as the “regular” day off. In our example, this is the "B" code. It is not allowed to use the code "HB" (additional day off (without pay)) in a situation where the employee is given not an additional day of rest, but another day of rest, as this will lead to a violation of the labor legislation on the provision of compensation to the employee for work on non-working days. holiday.
Applications:
An example of a memo on the need to work on a day off
An example of registration of a notice of change in wages
An example of an employee's application for increased pay for work on a weekend
An example of an employee's application for an additional day of rest as compensation for work on a day off
An example of an order for engaging in work on a day off
Reflection of information about work on weekends in the timesheet
Magazine: Handbook of a personnel officer, As of: 05/06/2013, Year: 2013, Number: No. 6
- HR administration and labor law
According to labor law, it is possible to refuse an employer when he talks about working on weekends or overtime, but somehow it is not very accepted. Does his request go beyond some acceptable framework, or does the bosses abuse their influence. Whatever reasons the employees involved in additional work are guided by, in return they expect quite tangible and adequate gratitude from the employer. An acceptable expression of gratitude for the employee would be additional rest time or paid time off for work on weekends and holidays.
Normative base
The first thing that needs to be learned for those who are going to understand the topic, whether a day off is paid is that they will not find this concept anywhere in the Labor Code. A day off, by mutual agreement, the parties to an employment relationship call a free day given to an employee during a period when the company's schedule assumes his normal employment. In other words, if the company works from Monday to Friday, then the absence from the workplace on any of the weekdays, agreed with the management, will be considered a day off. If release from labor on this day is not stipulated before its onset, then it will rightly be called absenteeism.
In fairness, it should be noted that although there is no concept of day off in the shopping center, the term "additional day of rest" is repeatedly encountered. By mutual agreement with the employer, you can get it for:
- Work on state or regional holidays and non-working days, Art. 153 TC;
- Overtime work (both in a 40-hour week and on a summarized schedule), Art. 152 TC;
- Voluntary donation, Art. 186 TC.
If, for any personal reasons, a person needs free time during the working week, then this is also called a day off. In such a situation, the employee may not have accumulated the legal right to an additional day, but there are still options to get a day off on weekdays:
- You can ask for a few days to offset the duration of the next main or additional vacation, chapter 19 of the Labor Code;
- If the paid days in the working period have already ended, the employer may agree to the provision of days without payment, Art. 128 TC.
And if the way of registering a free day does not particularly bother an ordinary employee, then the question of paying time off for work on weekends and holidays can become really relevant.
Mandatory entitlement to non-categorical leave
No one can argue with the assertion that an offer to work longer is expressed by superiors more persistently than a willingness to let go of work. But, when the working hours are already fixed in the report card or there are unchecked days of rest for the previous periods, it is much easier for the employee to heed his requests. Free days, begged "in advance", get more difficult. The argument can be any urgent or valid reason indicated by the employee in his statement. This equally applies to a situation where an employee asks for leave at his own expense. In the latter case, however, circumstances may arise when the employer will be disarmed due to the status of the person who applied or the nature of his problem:
Do not forget that an additional option for obtaining free days may be contained in the company's collective agreement.
Paid and unpaid time off
Those who intend to ask for an additional day from their employer need to clearly understand that the question of whether time off is paid is not entirely correct. There are several options for approaching financial security:
- Days of absence do not imply payment at all, Art. 128 TC;
- Failure to appear implies keeping the average earnings of Art. 167, chapters 19 and 28 of the Labor Code;
- Day off is not paid, since it was chosen by the employee himself as a way to compensate for overtime work or on weekends, Art. 152 and 153 TC.
For those who ask to give him a day from the rest periods from Chapter 19 of the Labor Code, you need to remember that you can not "pinch off" from every vacation. If the granting of time off from work is timed to a specific event, then it will not work to take a piece at an arbitrary time. For example, it is simply impossible to ask for a day from student leave in advance, because the right to it appears only after receiving a call and an examination certificate on academic performance (Chapter 26 of the Labor Code). From there, information is retrieved about the period, duration and method of payment for this time.
The employer is obliged to provide time off on the day specified by the employee only if the employee was previously involved in overtime work. If employees who do not belong to the privileged category under Art. 128, then the employer has every right to refuse their request.
Types of time off
The legislation does not in any way regulate the permissible number of recruits to work outside working hours within the framework of the activities of one enterprise. In fact, you can issue such orders at least every day, the main thing is that there are real reasons for this and the consent of employees. It is necessary to discuss with them the issue of compensation for such hours. There is not much choice: increased pay or additional free day.
For the employer himself, who is constantly experiencing a shortage of personnel, it is more profitable to choose the “out of two evils” that can be solved with money. This simplifies accounting and does not lead to interruptions in the work of the company. But even if the employer is ready to spend, he still will not be able to do it indefinitely, since in a calendar year an employee can only work 120 hours more than the annual norm of time provides, Art. 99 TC.
Everything that has been worked out in excess of this mark must be compensated by providing rest days. And then the employer is faced with a fair question about how to arrange this and whether the time off for work is paid in excess of the maximum amount?
Overwork on weekdays or turnout on weekends
No reason to stay at work after the end of the working day or the end of the shift will not be able to detain an employee for more than 4 hours a day and more than twice in a row. Accordingly, this time can be paid according to the rules of Articles 152 and 153 of the Labor Code, depending on the day of the week (in one and a half or two times the amount).
But it may be so: the employee initially asked to replace the financial compensation with hours of rest. If we assume that he worked four days off in a month for 4 hours, then he is supposed to walk for two days in the middle of the working week. In this situation, employees of the personnel department and accounting department can overcome doubts about: is the day off paid for work on the weekend and how to reflect this in the report card?
First of all, you need to look at the overtime order. If it involves a one-time extension of the shift, but without exceeding the monthly norm of hours, then you just need to correctly reflect the distribution of working time in the form of accounting for hours (T-12 or T-13). Then the day off will not be payable, like Saturday and Sunday with a five-day working week. In fact, it turns out that the day of rest will be simply postponed, and the labor time will be paid at a single rate.
It's another matter when the total number of hours exceeded the monthly, quarterly or annual norm (but not more than 120). The processing time can still be "given away" on weekends, and the payment can be charged in a single amount. However, in the summary sheet, a person's salary will be more than the established salary due to the increased number of hours worked in the report card. The decision by days of additional rest entails a change in the amount of payment. For all hours worked, wages are charged at a single rate, and days off are not paid at all, Art. 152 and 153 TC.
Payment for work on holidays
Work on holidays according to the Labor Code, and more specifically, according to Art. # 153, equated to work on weekends. According to the law, remuneration for labor is not less than double, but it can also be increased if this is provided for by a collective or individual agreement. There are subtleties that are important to know:
- When working on a piecework basis, you are required to work at least double rates.
- If the tariff rate is set by the hour, then the rate is also multiplied by two
- If the official salary, then for the day worked, a daily salary is charged in excess of your salary. And if the monthly norm by the hour is exceeded, then plus a double salary (i.e., triple the amount)
Of course, it is not always possible to choose the right payment from the authorities. Then you can use the information given above - i.e. we use recycling as an extra day off. An application for payment of time off for work on a day off is written simply - we change the word "day off" to "holiday", and that's it.
Overtime pay
The problems described in the previous paragraph may arise from the management, even if no one is going to pay. It is quite possible that the employee suddenly changed his mind and applied to replace the rest days with money.
Immediately it is necessary to make a reservation that the employer has the right to refuse such a replacement, provided that the form of compensation has already been stipulated in the order of employment and the days have been agreed upon. But if the bosses intend to meet the employee halfway, then the accounting department's doubts about whether the time off for the previously worked time is paid and by what method to calculate should be dispelled in an additional order for the enterprise.
For those who are faced with similar situations more often than several times a year, it is more correct to consolidate these provisions in a collective agreement. If there is no desire to make changes to one of the fundamental documents, then you can simply publish this rule in a separate local document of the company (order or order). In order to avoid controversy in determining the amount of compensation for unused time off, it is easier to find an opportunity to provide earned rest time during the warning period.
Time Off Compensation
Rarely is a dismissal spontaneous. Unless, as a result of a rapidly developing conflict. In this situation, among the unsettled items, there may also be one that should answer the question of whether the time off is paid for the processing ordered by the order, upon dismissal? The employee's excitement is understandable. Indeed, when signing the documents on attracting him to additional work, he could not even imagine that he might not finish working until the day of the time off fixed in him. It is likely that the time off was supposed to be added to future vacations.
In this situation, compensation for vacation and time off will be charged in different ways. The first payment is based on average earnings (Article 139 of the Labor Code), and the second is in proportion to the salary, in a single amount. If the dismissal did not occur during the month of overtime work, then a conflict may arise when determining the method for calculating the hourly wage rate. Depending on which period (monthly, quarterly or annual) is taken as the basis for the calculation, the amount of charges can vary greatly.
Least of all disputes arise among those employers who have fixed the chosen method of calculation in the collective agreement. For those who did not foresee such a situation, it is better to apply the scheme using the annual rate of working hours, since this will allow the most objective indicator of the tariff rate to be calculated.
But there is also the safest option, which allows you to get around sharp corners. You can agree with the employee about the transfer of time off for the period of working off before dismissal. Then the employee will receive the earned rest, and the employer will not pay "double".
Preparation of a statement
An application for a day off, in addition to writing a "cap", a title and a signature with a number, is, to a certain extent, a creative process. The decision of the management to provide a free day depends on how convincingly and colorfully the employee describes the reasons forcing him to miss work. There are a number of recommendations when drafting a document:
- The date or period of the alleged absence must be indicated;
- Provide a reason (from a hackneyed "" to some exotic event), which will seem convincing to the employer;
- Indicate your wishes regarding the payment of time off (on account of paid vacation or without financial security);
- Mention the available documentary evidence (attach copies).
Whether the manager signs a paper written by an employee largely depends on the validity of the reasons or the status of the employee specified in the document. You can get a convenient form for filling out an application on our website ()
Payroll or vacation pay
From a legal point of view, it is not time off that is payable, but overtime worked or the period of work on weekends and holidays. The rule is that "extra" hours are compensated based on the salary, in proportion to the monthly, quarterly or annual working hours. If, instead of financial compensation, the employee chose a vacation, then the payment is made in a single amount, and the day off is not paid at all.
The principle of calculation is quite simple: the salary or output for the selected billing period is divided by the rate of days or hours (for the current month, quarter or year) and multiplied by the amount of time worked (days or hours). If a person asked for a day off in order to reduce the duration of future vacation, then we will talk about average earnings. You can calculate it, guided by the provisions of Article 139 of the Labor Code. The accounting department sums up the total income for 12 months and divides it first by 12 and then by 29.3. It is this amount, having retained 13% of personal income tax, will be handed over to the employee for each day missed on account of paid vacation.
Effect of time off on seniority
According to some authorities, the time off received as compensation for overwork is not included in the calculation of hours worked. This is correct, because in the work sheet they are reflected on the day of actual working off with the OB code or 27 (weekend, holiday or overtime).
Days of absence by agreement with the authorities, but without salary retention, are affixed by the normalizer as a pass (letter designation in the report card HB or 28). If there is no condition for working off the missed time on another day, then such time off may negatively affect the actual number of hours worked.
Free admission to work within 14 days a year will not affect seniority, Art. 121 TC. The legislator does not prohibit providing an employee with a longer unpaid rest, but then his length of service for receiving annual leave is interrupted and the start date is shifted. In all other cases, non-attendance at work, which is not reflected in the labor contract, will not in any way affect the labor or insurance record, which cannot be said about the amount of wages paid.
The policy of continuous processing at the enterprise is not consistent with the Labor Code and, in the end, does not make the work of employees more efficient. The key to success in team management is the correct distribution of the workload and competent work rationing. But, since the need to go out after working hours happened, then timely payment or time off will help to extinguish the displeasure of employees.
Lawyer of the collegium of legal protection. He specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.
Activities on non-working days are prohibited by Russian law. But any rule contains exceptions.
It is possible to involve citizens in the labor process on weekends with their written consent in the event that an unforeseen work has arisen in the organization in advance, the failure of which may adversely affect the activity 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:
- For the prevention of accidents and natural disasters.
- To eliminate accidents and destruction of the employer's property.
- For work in a state of emergency or martial law, etc.
Involvement of ministers of creative professions to work on weekends is carried out in accordance with 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 the doctor's opinion). Therefore, these categories of persons should be notified of the possibility of waiving the obligation to work on non-working days.
The Labor Code establishes employer's obligation to pay double the amount of day off work, in particular:
- employees - at double rates;
- 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 work that exceeds the monthly standard).
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 can provide him with 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:
Calculation of compensation
With piecework payment
The driver N. Nikolaev receives 150 rubles for each trip. In the reporting month, he made 190 visits. Nikolaev was recruited to work on 2 days off, during which he made 20 trips. Let's determine the amount of his salary for the past month:
- (190-20) * 150 = 25,500 rubles;
- 20 * 150 * 2 = 6,000 rubles.
Total Nikolaev's salary will be 31,500 rubles.
With hourly wages
Locksmith G. Kirillov worked 130 hours per month, including 8 hours on Sunday. The locksmith's hourly rate is 250 rubles. Let's determine the amount of Kirillov's wages for the past month:
- (130-8) * 250 = 30,500 rubles;
- 8 * 250 * 2 = 4,000 rubles.
The total salary will be 34,500 rubles.
At a daily wage rate
Painter Stepanov P. worked 20 working days in a month, including 2 days on holidays. The daily rate is 2000 rubles. Let's determine the amount of wages for the past month:
- (20-2) * 2000 = 36,000 rubles;
- 2 * 2000 * 2 = 8,000 rubles.
The amount to be paid to Stepanov is 44,000 rubles.
With a salary system (exceeding the established norm of working hours)
The watchman L. Kopylov worked 150 hours, including 5 hours on a day off. His salary is 20,000 rubles. Taking into account that the norm of working time in this case is 143 hours, and on the basis of the conditions it is exceeded, then the compensation for the day off is payable in double amount.
Let's determine the hourly tariff 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 standard of working time according to the employee's schedule;
- the ratio of 12 salaries to the standard working time per year.
The method of calculation is not clearly regulated by the legislation. We use method 3. There are 1974 hours in a 40 hour workweek in 2016, so:
- (20,000 rubles * 12 months) / 1974 hours = 121.58 rubles / hour.
The weekend supplement will be:
- 121.58 * 5 * 2 = 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 payment:
- 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 exit work process. These include:
- pregnant women;
- minors under the age of 18 (with the exception of creative workers, the categories of which are approved by the Government of the Russian Federation, as well as athletes).
- Written notification to employees. It should contain information on the dates of the start of a certain person, indicating his full name, position, as well as the name of the structural unit in which the citizen will be involved in work.
The letter is drawn up in 2 copies- one for the employer with the employee's mark of acquaintance, the other for the employee himself. This document is subject to registration in the notification log. If the person refuses to get acquainted, an act is drawn up. - Obtaining the consent of the employee to be hired to work, which is drawn up in writing. This paper is not regulated by law, therefore it can be drawn up in simple writing.
- Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note that exactly the order is the main document that serves as the basis for attracting employees to such work... Therefore, it must necessarily contain information about the employee, the days of going to work, as well as information about his acquaintance with the document. The familiarization requisite 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 this fact in the act. - Registration of paper in
Engaging in work on a weekend or a holiday is permitted if the employee agrees to a labor "feat". Only in exceptional cases does the management have the right to force subordinates to do it. Regardless of whether the employee worked on a legal day off of his own free will, or at the behest of his superiors, his work must be paid in an increased amount.
Work on weekends and holidays: norms of the Labor Code
The Labor Code defines the period of rest of the employee as the time when he is released from the performance of official (labor) duties. According to Article 106 of the Labor Code of the Russian Federation, an employee has the right to use it at his own discretion.
The law refers weekly weekends and non-working holidays to the time of rest - Article 107 of the Labor Code. According to the general rule, fixed in Article 113 of the Labor Code, hired employees are prohibited from engaging in work during these periods. However, the same article lists special cases where weekend work is permitted under the Labor Code. This legal provision also determines the procedure for engaging an employee who has agreed to work on rest days.
The peculiarities of payment for going to work on a holiday or a relying day off are mentioned in article 153 of the Labor Code.
Work on weekends at the request of the employee
If a subordinate is ready to work on a day off (or holiday), he writes a statement, where he informs his superiors about his consent, indicating the days and time of work. If there is a trade union in production, its opinion is also taken into account.
When the employees of the enterprise have to work on the weekend, the Labor Code instructs the employer to issue an appropriate order (order).
There is a category of workers who cannot be involved in work on holidays and weekends. These are pregnant women (Article 259 of the Labor Code of the Russian Federation) and minors (Article 268 of the Labor Code of the Russian Federation). Disabled people, as well as employees with children under the age of 3 years, cannot work on the indicated days if there are medical contraindications recorded in the documents they presented.
Involvement in work on a weekend without the consent of a subordinate
The Labor Code has identified several circumstances in which management has the right to force an employee to work on holidays and weekends without asking his consent. This is acceptable if necessary:
prevent an industrial accident or catastrophe, or eliminate their consequences;
prevent damage or destruction of state or municipal property, as well as the property of the employer:
prevent industrial accidents;
perform work due to extraordinary circumstances: natural disaster, martial law, epidemic, etc., as well as the threat of their offensive.
If for the above reasons work on weekends is necessary, the Labor Code of the Russian Federation also in these cases prohibits the employment of pregnant women and minors on holidays and weekends.
Disabled people and female workers-mothers of children under 3 years of age have the right to refuse to go to work on holidays and weekends by submitting an application and a document confirming their status. These categories of employees, who do not object to work on these days, not only give written consent, but also personally sign that they are familiar with the right to refuse to work on weekends.
Payment for work on the day off: features
Work on weekends (holidays) is paid by the employer at least double - Article 153 of the Labor Code. By local acts of the enterprise or a collective agreement, the company has the right to provide for a higher salary for the personnel working on these days.
It should be noted that from June 29, 2017, in the 153rd Art. TC added a new paragraph. They have established: when working on a holiday or weekend, the hours of work that fall on them are paid in an increased amount for all employees. Based on this norm, it ceases to be a controversial question whether it is necessary to pay doubly to an employee who has a shift work schedule on weekends and holidays. This must be done if the change falls on a holiday. But not the entire shift is doubly paid, but only that part of it that fell on it.
During work on weekends, instead of double wages, the employee has the right to take an additional day of rest. Then he will be paid for work on the day off in a single amount. An additional day of rest is not paid at all.
Weekend work - 2019
Next year, legislative changes on this issue are not expected yet. Work on weekends in the Russian Federation will be carried out according to the rules described above.