Excluding non-working holidays. Work on weekends and holidays: how to apply and pay

12.10.2019

Non-working public holidays v Russian Federation are:

If a day off and a non-working holiday coincide, the day off is transferred to the working day following the holiday, except for the days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

The presence of non-working holidays in the calendar month is not a basis for reducing wages employees who receive a salary (official salary).

In order to rationally use weekends and non-working holidays by employees, days off can be transferred to other days federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

Commentary on Art. 112 Labor Code of the Russian Federation

1. Unlike other holidays, professional holidays and memorable dates, work is not performed on non-working holidays.2. Engaging employees to work on non-working holidays is possible with the payment of additional remuneration in the amount and in the manner determined by this article, and only in exceptional cases (see commentary to article 113 of the Labor Code). The transfer of days off and non-working holidays to other days is carried out in the manner established by the Government of the Russian Federation.

Judicial practice under article 112 of the Labor Code of the Russian Federation

The decision of the Supreme Court of the Russian Federation of 08.02.2006 N GKPI05-1644

By virtue of h. 2 Article. of the Labor Code of the Russian Federation, if a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

It follows from this that the specified norm of the Code establishes a mechanism for automatically transferring days off when they coincide with holidays.

Determination of the Supreme Court of the Russian Federation of April 27, 2006 N KAS06-123

In support of the stated requirement, E. referred to the inconsistency of paragraph 2 of clause 1 of the clarification with the labor legislation of the Russian Federation (in particular, part 2 of article of the Labor Code of the Russian Federation) and the restriction of his right to equal amount days off compared to other workers.

Review of the judicial practice of the Supreme Court of the Russian Federation dated 09.02.2005

On amendments to the article of the Labor Code of the Russian Federation

The federal law was adopted by the State Duma on December 24, 2004 (SZ RF 2005, N 1 (part 1) art. 27)

On the entry into force of the Town Planning Code of the Russian Federation

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 15, 2009 N 6676/09 in case N A32-911 / 2008-16 / 6

An article of the Labor Code of the Russian Federation establishes that January 1, 2, 3, 4, 5, 7 are public holidays.

Since 01/01/2008, the last day of filing a claim, is a holiday non-working day, and 01/05/2008 is a holiday and fell on Saturday (day off), in accordance with the explanation of the Ministry of Labor of the Russian Federation dated 12/29/1992 N 5 that that if a day off and a holiday coincide, the day off is transferred to the next working day after the holiday, 01/05/2008 was postponed to 01/08/2008. Therefore, the first working day was 09.01.2008.

Decision of the Supreme Court of the Russian Federation of January 31, 2011 N GKPI10-1645

In accordance with part five of Article of the Labor Code of the Russian Federation, for the rational use of weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer days off to other days. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

Determination of the Constitutional Court of the Russian Federation of October 19, 2010 N 1302-О-О

HIS CONSTITUTIONAL RIGHTS BY THE ARTICLE OF THE LABOR CODE

RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleanrova, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, O.S. Khokhryakova, V.G. Yaroslavtsev,

Determination of the Supreme Court of the Russian Federation of March 10, 2011 N KAS11-87

On January 31, 2011, the Supreme Court of the Russian Federation ruled to dismiss the application. In the cassation appeal, O. asks for the annulment of the court decision and for a new decision to satisfy his application, referring to misapplication substantive law court. He believes that the court interpreted the law in a broad manner, concluding that it is possible to increase the length of the working week by more than 40 hours a week. The limitation on the length of the working week is in no way connected with the total length of working time per month or any other longer period of time. The court did not take into account that the right to postpone days off in accordance with the article of the Labor Code of the Russian Federation is granted to the Government of the Russian Federation only for the rational use of days off and non-working days by an employee. There is no evidence in the case confirming that the postponement of the day off envisaged by the challenged Resolution serves to achieve this goal.

Determination of the Supreme Court of the Russian Federation of August 31, 2011 N 49-11-57

Dulov S.K. applied to the Supreme Court of the Republic of Bashkortostan with an application to invalidate paragraphs 3 and 4 of clause 1 of this article, referring to the contradiction of the Constitution of the Russian Federation, the Constitution of the Republic of Bashkortostan, articles , , , of the Labor Code of the Russian Federation, article 3 of the Federal Law of September 26, 1997 125-FZ "On Freedom of Conscience and Religious Associations".

Decree of the Presidium of the Supreme Court of the Russian Federation of December 21, 2011 N 20-PV11

In the supervisory complaint, the State Assembly - Kurultai of the Republic of Bashkortostan asks to cancel the ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation of August 31, 2011 and to leave in force the decision of the Supreme Court of the Republic of Bashkortostan of June 27, 2011, since the Judicial Collegium for Administrative Cases of the Supreme Court The Russian Federation made an unreasonable conclusion that the legislator of the Republic of Bashkortostan exceeded the norm-setting competence. The Judicial Collegium misinterpreted the provisions of paragraph 7 of Article 4 of the Federal Law "On Freedom of Conscience and Religious Associations", which provide for the right of the relevant state authorities in the Russian Federation in the respective territories, at the request of religious organizations, to declare religious holidays as non-working (holiday) days. The conclusion of the Board that this norm does not testify to the rule-making competence of the constituent entities of the Russian Federation on this issue was made without taking into account the requirements of Part 3 of Article 5, Articles 11, 72, 76, 77 of the Constitution of the Russian Federation, Article 1 of the Federal Law "On general principles organizations of legislative (representative) and executive bodies state authorities of the constituent entities of the Russian Federation". The supervisory appeal also points to the fallacy of the Collegium's conclusions, which is that the challenged norms contradict the norms of labor legislation, in particular articles of the LABOR CODE OF THE RUSSIAN FEDERATION

AND POINT 7 OF ARTICLE 4 OF THE FEDERAL LAW

"ABOUT FREEDOM OF CONSCIENCE AND RELIGIOUS ASSOCIATIONS"

Every working person entitled to rest days: holidays and weekends. They are characterized by the fact that the employee is exempt from job duties and can dispose of this time for their own personal purposes.

What is a day off

Day off is time interval designed for relaxation between working days. The duration of uninterrupted rest cannot be less than 42 hours. The day off is the end of the working day before the day off and the beginning of a new work shift.

All organizations are required to comply with this rule, regardless of the type of activity used. Rest days for an employee depend on the shift schedule and work schedule. The right of a day off for an employee is determined by the employment contract and the internal labor regulations.

If the organization works on a 5-day work week, then employees are entitled to two days off, with a 6-day work week - one day. For any number of working days per week, the general day of rest is Sunday.

Another day off organization determines in local regulations, before or after Sunday. But they can prescribe on any other days.

Weekend work can be only in exceptional cases. In this situation, rest is provided on any other day over the next two weeks.

What days are considered holidays

Every working person dreams of long weekends and holidays. Calculate the time to visit relatives, go out of town, take part in small trips and pay more attention to your loved ones and relatives. Our legislators are counting on this by providing the working population, throughout the year, with at least 3 days of rest in a row.

2018 consists of 365 calendar days. They include:

working days - 247;
holidays and days off - 118 (20 - holidays, 98 - days off).

Let's celebrate holidays next dates:

New Year and Christmas holidays from 12/30/2017 to 01/08/2018
Holiday in honor of the Defenders of the Fatherland from February 23 - February 25, 2018
We celebrate International Women's Day from 08.03 - 11.03.2018
Days of rest in honor of the Holiday of Spring and Labor from 29.04 - 02.05.2018
Holiday Victory Day - 05/09/2018
Celebration in honor of the Day of Russia from 10.06 - 12.06.2018
Weekend on National Unity Day from 03.11 - 05.11.2018

If a holiday falls on a weekend, the rest day is moved to the next business day.

Before the beginning of each public holiday, the working day is considered to be shortened. List of shortened working days:

02.2018;
03.2018;
04.2018;
05.2018;
06.2018;
12.2018.

At the legislative level, holidays are specified in the Labor Code in Art. 112 . The Ministry of Labor also provided for the transfer of holidays that fall on weekends in 2018.

For a better distribution of rest, it is proposed to swap rest days with working days, based on Government Decree No. 1250 of October 14, 2017:

from Saturday 6.01 to Friday 9.03;
from Sunday 7.01 to Wednesday 2.05.

Saturdays become working days, and Mondays are rest days in the following cases:

from Saturday 28.04 to Monday 30.04;
from Saturday 09.06 to Monday 11.06;
from Saturday 29.12 to Monday 31.12.

The procedure for calculating wages for workers on rest days and holidays is regulated by Art. 153 of the Labor Code of the Russian Federation.

Terms of employment

Art. 113 of the Labor Code of the Russian Federation prohibits the involvement of employees in the performance of labor duties on holidays, but there are exceptions subject to certain conditions. In the recommendations of Rostrud on the issue of the working day on holidays and weekends, following conditions:

If the employer has a reason to involve the employee in the performance of work duties on rest days, which is provided for in the current legislation.
A written order from the employer.
An application in writing from an employee for consent to go to work in his spare time.
If there is a trade union at the enterprise, an act of taking into account the opinions of trade union members.

The basis for the employer to attract an employee to work in his spare time may be the following criteria:

An organization operating with a continuous production cycle.
Engaged in the type of activity in the field of public services.
Organizations engaged in loading and unloading operations and construction and installation works.

But special attention is paid to work on weekends certain categories of employees. These are people with disabilities, employees with children under the age of three. Apply to them following conditions:

For medical reasons, it is not forbidden to work on weekends.
Information message to the employee about the right to refuse to work on holidays.
Mandatory personal consent of the employee to perform work duties on holidays or weekends.
Specify in the order the reasons, duration and list of employees involved in performing work duties on holidays.

By law, employers do not have the right to call pregnant women and minors to work in their free time.

But there are cases when the consent of employees is not required. According to Art. 113 of the Labor Code of the Russian Federation, with following conditions:

Prevention of unforeseen circumstances that can bring harm and damage to the property of the organization.
Carrying out work in connection with emergency, as a result natural disaster or military action.

If the company expects to call an employee to work in his spare time, then it is required to be written in the collective agreement and other internal regulations.

Wages with formulas and examples

Russian legislation provides for compensatory remuneration for work in free time. These include:

Double or more wage increase.
Providing extra day time off (at the discretion of the employee).

Here are examples of calculating wages on weekends.

piecework

Tailor Mikhina M.A. within a month, due to production needs, she was called to work on Saturday and Sunday for tailoring 3 suits. The price of one suit is 650 rubles. In a month (except for going out in her free time), she sewed 12 costumes.

Formula for calculating piecework wages on weekends:

12 * 650 = 7800 rubles. – salary for 12 suits was added

3 * 650 * 2 = 3900 rubles. - accrued double salary for work on weekends

7800 + 3900 = 11,700 rubles - accrued salary per month

Official salary

The accountant in the worked month worked on holidays from 4 to 6 January. The salary of an accountant is 32,000 rubles, 17 working days.

32,000 / 17 * 2 = 3765 rubles. - double the amount of wages for one day off

3765 * 3 days = 11,295 rubles. - holiday pay

32,000 + 11,295 = 43,295 rubles - salary per month worked

If the employee performed his labor duties on a holiday for half a day, then he has the right to a full day of rest.

hourly

Sales Managers Popov A.M. and Melikhova R.A. were called to work on March 8 and worked 5 hours each. The tariff rate (hourly) is 200 rubles. Popov A.M. refused to take time off, and Melikhova R.A. decided to take an extra day off. Calculate the salaries of both managers:

For Popov, the salary was: 5 * 200 * 2 = 2000 rubles.

For R. A. Melikhova, the salary was: 5 * 200 = 1000 rubles.

Fulfillment of work duties on holidays should not be permanent. This can happen only occasionally, with the registration of all the conditions and procedures enshrined in the collective agreement and legal internal acts.

O overtime work, work on holidays and weekends - in this video.

Back to

ST 112 of the Labor Code of the Russian Federation:

Non-working holidays in the Russian Federation are:

1, 2, 3, 4, 5, 6 and January 8- New Year holidays;
Jan. 7- Nativity;
February 23- Defender of the Fatherland Day;
March 8- International Women's Day;
1st of May- Spring and Labour Day;
May 9- Victory Day;
12 June- Russia Day;
November 4- National Unity Day.

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization,. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

The presence of non-working holidays in a calendar month is not a basis for reduction for employees receiving a salary (official salary).

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

Commentary on article 112 of the Labor Code of the Russian Federation:

The commented article establishes a list of non-working holidays that applies to the entire territory of the Russian Federation.

The subjects of the Russian Federation may establish other non-working holidays on their territory, taking into account national and cultural characteristics region. One of these holidays is January 7 - Christmas. Its fixation as a holiday throughout the country can be perceived by some as an infringement of the religious feelings of believers of other faiths, therefore, the republics that are part of the Russian Federation may declare religious holidays of other faiths a non-working day. This is fully consistent with Art. 28 of the Constitution of the Russian Federation, which guarantees freedom of religion to every citizen.

In addition to the generally established non-working holidays, there are professional holidays (Metallurgist's Day, Teacher's Day, Builder's Day, etc.), which are timed to days off according to the calendar. If such holidays fall on working days, then exemption from work in practice is carried out on the basis of a collective agreement, an order (instruction) of the enterprise administration.

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday. On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations or work due to the need to serve the population, as well as in connection with urgent repair and loading and unloading operations).

In order to rationally use weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer days off to other days.

In cases where a day off is transferred to a working day, the duration of work on this day must correspond to the length of the working day on which the day off is transferred (see the procedure for calculating the norm for certain calendar periods (month, quarter, year), depending on the established duration working hours per week, approved by the Order of the Ministry of Health and Social Development of Russia N 588n<1>).

Part 3 of the commented article corresponds to the International Covenant on Economic, Social and Cultural Rights<1>to which States parties to the Covenant recognize the right of everyone to just and favorable conditions of work. These conditions include rest, leisure, reasonable limits on working hours and periodic holidays with pay, as well as remuneration for work on public holidays (Article 7(d) of the Covenant). Remuneration for working on public holidays is also provided for in the European Social Charter (Revised) adopted in Strasbourg. According to the Charter, the states that are members of the Council of Europe and signatory to the Charter, in order to ensure the effective exercise of the right to fair working conditions, undertake to establish public holidays with pay (p 2 article 2 part II of the Charter).

Part 4 of the commented article enshrines the norm, which provides that non-working holidays should not affect the wages of an employee receiving a salary (official salary). Unfortunately, this norm, which is a guarantee for this category of workers, does not include such a guarantee for workers whose work is paid in other forms. It seems that in relation to employees who do not receive payment in the form of a salary, these issues should be regulated by a collective agreement or a direct agreement between the employee and the employer.

New edition Art. 112 Labor Code of the Russian Federation

Non-working holidays in the Russian Federation are:

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary).

Commentary on Article 112 of the Labor Code of the Russian Federation

Article 112 of the Labor Code of the Russian Federation contains a list of non-working holidays.

Another commentary on Art. 112 of the Labor Code of the Russian Federation

1. Part 1 of Art. 112 of the Labor Code of the Russian Federation establishes all-Russian non-working holidays. Taking into account the delimitation of powers between the federal state authorities and the state authorities of the constituent entities of the Russian Federation in the field of labor relations and other relations directly related to them, the constituent entities of the Federation have the right to establish additional non-working holidays in addition to those established by Part 1 of Art. 112 of the Labor Code of the Russian Federation. This is of particular importance in a multinational and multi-confessional state, which is the Russian Federation. Replacing certain non-working holidays provided for by federal law with other days would be contrary to Labor Code Russian Federation (see Article 6 of the Labor Code of the Russian Federation and commentary to it).

2. In accordance with Parts 3 and 4 of Art. 112 of the Labor Code of the Russian Federation, non-working holidays are payable. For employees whose remuneration system provides for the monthly payment of a salary (official salary), if there are non-working holidays in a calendar month, the amount of wages for this month is not reduced. With other systems of remuneration (piecework, time-based, time-bonus, remuneration on a commission basis, etc.), for non-working holidays on which employees were not involved in work, they are paid additional remuneration. Its size and payment procedure are determined by the collective agreement, agreements, local regulations adopted by the employer, taking into account the opinion of the elected body of the primary trade union organization, and the employment contract.