Consider situations where 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 legislation, taking into account the specifics 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 established by a collective agreement or the rules of internal work schedule. Both days off are provided, as a rule, in a row.
At enterprises with a continuous cycle of work, where 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 workers in accordance with the rules of internal labor regulations. 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 holidays in Russian Federation are:
FOR YOUR INFORMATION
If a weekend and a non-working holiday coincide, 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 rationally use weekends and non-working holidays by employees, days off can be transferred to other days in the next calendar year by a regulatory 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
According to the general rule enshrined in Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. The exceptions are certain situations provided for 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 the consent of the employee to perform work duties on weekends is 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, caused, among other things, 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.
FOR YOUR INFORMATION
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 the 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 do not have .
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.
|
Table 1. The amount and conditions of remuneration on a day off and a holiday |
||
|
Wage system |
Payment amount |
Terms of payment |
|
Official salary |
The amount of one salary |
If work on a weekend or holiday was carried out within the monthly norm of working time |
|
Double salary rate |
If the work was done in excess of the monthly norm of working time |
|
|
Time payment |
At least double the daily or hourly rate |
|
|
Piece-work payment |
Not less than double piece rates |
In all cases when working on weekends and holidays |
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 labor law norms (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 a holiday is paid in a single amount, and the day of rest is not subject to payment.
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 face a fine in the amount of 1,000 to 5,000 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.
Non-working holidays in the 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 a calendar month is not a basis for reducing wages for employees receiving 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 of the Russian Federation).
3. The transfer of weekends and non-working holidays to other days is carried out in the manner established by the Government of the Russian Federation.
Second commentary on Article 112 of the Labor Code
1. In addition to parts 1 and 2 of Art. 112 has been radically changed. Its new version provides details regarding remuneration for work on non-working holidays, the procedure for determining its size, attributing these payments to labor costs, the procedure for postponing days off if they coincide with non-working holidays.
2. The coincidence of a holiday non-working day with a day off entails the transfer of the day off to the next working day after the holiday. Decrees of the Government of the Russian Federation, which, as a rule, are adopted for the next calendar year, contribute to a uniform solution to the issue of postponing days off.
Article 112 provides that the transfer of days off to other days in connection with the coincidence of non-working holidays with them is carried out in order to rationally use these days by employees.
The commented article now provides that 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 a month before the corresponding calendar year. The adoption of regulatory legal acts on the transfer of days off to other days during the calendar year is not excluded. It 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. This rule will allow employees, their families and other citizens to plan and organize the use of free time on such days in advance.
3. The above rule for postponing days off is applied in organizations where work is not performed on these days.
If the regime of work and rest in the organization provides for work on holidays (in continuously operating industries, in organizations related to daily services to the population, etc.), then days off are not transferred (see Clarification of the Ministry of Labor of the Russian Federation of December 29, 1992 N 5 // Bulletin of the Ministry of Labor of the Russian Federation, 1993, N 3).
4. In continuously operating organizations, as well as with a summarized accounting of working hours, work on holidays is included in the monthly norm of working hours (see clause 1 of the Clarification of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of August 8, 1966 N 13 / P-21 // Bulletin Goskomtruda USSR. 1966. N 10) (in accordance with part 1 of article 423 of the Labor Code of the Russian Federation, legal acts of the USSR are applied insofar as they do not contradict the Labor Code).
5. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on non-working holidays, as a rule, is prohibited. Exceptions to this rule are contained in the same article.
In connection with the need to serve the population, for example, schedules for shops on holidays are established.
6. In Russia, where the population adheres to various religions, the establishment Orthodox holiday- the Nativity of Christ - led to the need to secure the right of adherents of other religions to also have their own holidays. Moreover, it guarantees freedom of religion, including the right to profess individually or jointly with others any religion. There are no and cannot be any obstacles to the exercise of this right in the legislation: the corresponding non-working days can be established by the constituent entities of the Russian Federation in connection with the holidays characteristic of other religions.
At the same time, it seems that the issue of non-working holidays introduced for religious reasons should be resolved at the level of federal law.
7. In addition to holidays, non-working days, holidays are also established in Russia that are not associated with the mandatory release of workers from work. First of all, these are numerous professional holidays. The list of holidays, professional holidays and memorable days celebrated in the Russian Federation in 2004 is published in the Bulletin of the Ministry of Labor of the Russian Federation (see Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 10. S. 52; 2005. N 7. Art. 560).
The procedure for considering proposals from federal executive bodies on the establishment of professional holidays and memorable days was approved by Decree of the Government of the Russian Federation of March 16, 2000 N 225 (SZ RF. 2000. N 12. Art. 1299; 2005. N 7. Art. 560). In accordance with it, proposals on the establishment of professional holidays are submitted to the Government of the Russian Federation, taking into account consultations with all-Russian associations of employers, all-Russian associations of trade unions (part 4, article 3 of the said Resolution).
Exemption from work on such days is often provided for in industry agreements, collective agreements.
8. Part 3 of Art. 112 for the first time, payment for non-working holidays is provided not only for employees receiving wages on the basis of a fixed salary (official salary), the amount of which was not and is not affected by non-working days falling on the paid period, but also to those whose wages are based on actual output, labor costs. The inability to work on non-working holidays established by law (and work on these days is usually prohibited - see Art. 113) reduces their wages. What is unfair in comparison with those whose work is paid on the basis of salaries (official salaries) and for whom the presence of non-working holidays in the calendar month is not the basis for reducing wages (see part 4 of article 112).
New edition of Part 3 of Art. 112 provides that 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 its payment is determined by the collective agreement, agreement. These issues can be resolved by a local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization (see Art. 372). These issues can be resolved in the employment contract. Apparently, with the help of an employment contract (that is, individually), these issues can be resolved in the absence of relevant norms in a collective contract, agreement, local normative act.
Non-working holidays in the 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 a calendar month is not a basis for reducing wages 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
1. At the request of religious organizations, the relevant state authorities of the Russian Federation have the right to declare religious holidays non-working (holiday) days in the respective territories (clause 7, article 4 of the Federal Law of September 26, 1997 N 125-FZ "On Freedom of Conscience and on Religious Associations ").
2. On non-working holidays, employees are released from work. These days, only work is allowed in continuously operating organizations, to perform urgent repair and loading and unloading work, as well as work related to the need to serve the population. Moreover, they are involved in the performance of such work without the consent of the elected body of the primary trade union organization.
For other cases of involvement in work on non-working holidays, see Art. 113 TC and commentary to it.
3. In continuously operating organizations, as well as in the case of summarized accounting of working time, work on non-working holidays is included in the monthly norm of working time.
4. Some subjects of the Russian Federation have established additional holidays. So, in the Republic of Bashkortostan, a holiday is October 11 - Republic Day, December 24 - Constitution Day of the Republic of Bashkortostan.
5. Work on a non-working holiday is paid at least twice the amount. At the request of an employee who worked on a non-working holiday, he may be granted another day of rest.
6. If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.
7. According to Art. 268 of the Labor Code prohibits the involvement of workers under the age of 18 to work on weekends and non-working holidays; an exception is established only for creative workers (for example, theater workers, etc.).
8. In accordance with Art. 290 of the Labor Code, employees who have concluded an employment contract for a period of up to 2 months may be involved with their consent to work on weekends and non-working holidays within this period. This work is compensated by them not with a day off, but in cash at least twice the size.
9. The employer is obliged to pay employees, with the exception of those receiving a salary (official salary), for non-working holidays on which they were not involved in work, additional remuneration. 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 cost of paying such remuneration is included in the cost of wages in full.
10. The employer does not have the right to reduce the wages of employees receiving a salary (official salary) due to the presence of non-working holidays in a calendar month.
11. Non-working holidays, professional holidays and memorable dates are listed below.
| date | Name | Base |
| January 1, 2, 3, 4 and 5 (non-working days) | New Year holidays | Art. 112 TK |
| January 7 (non-working day) | Nativity | Art. 112 TK |
| January 12 | Day of the Prosecutor's Office of the Russian Federation | Decree of the President of the Russian Federation of December 29, 1995 N 1329 "On the establishment of the Day of the worker of the prosecutor's office of the Russian Federation" |
| 13th of January | Russian Press Day | Decree of the Presidium Supreme Council RSFSR of December 28, 1991 N 3043-1 "On the Day of the Russian Press" |
| January 21 | Memorial Day Day of Engineering Troops | |
| The 25th of January | Commemorative date of Russia Day of Russian students | Decree of the President of the Russian Federation of January 25, 2005 N 76 "On the Day of Russian Students" Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| January 27 | Day of military glory of Russia Day of lifting the blockade of the city of Leningrad (1944) | |
| February 2 | Day of military glory of Russia Day of the defeat of the Nazi troops by the Soviet troops in Battle of Stalingrad(1943) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| February 8 | Day of Russian Science | Decree of the President of the Russian Federation of June 7, 1999 N 717 "On the establishment of the Day of Russian Science" |
| February 10 | Day of the diplomatic worker | Decree of the President of the Russian Federation of October 31, 2002 N 1279 "On the Day of the Diplomatic Worker" |
| February 23 (non-working day) | Day of Military Glory of Russia Defender of the Fatherland Day | Federal Law of March 13, 1995 N 32-FZ "On the Days of Military Glory and Commemorative Dates of Russia" Decree of the Presidium of the Armed Forces of the Russian Federation of February 8, 1993 N 4423-1 "On the Establishment of a Significant Day of the Russian Federation - the Day of Defenders of the Fatherland" Art. 112 TK |
| March 8 (non-working day) | International Women's Day | Art. 112 TK |
| Second Sunday of March | Day of Geodesy and Cartography Workers | Decree of the President of the Russian Federation of November 11, 2000 N 1867 "On the Day of Geodesy and Cartography Workers" |
| 11th of March | Day of the worker of drug control bodies | Decree of the President of the Russian Federation of February 16, 2008 N 205 "On the Day of an employee of drug control bodies" |
| Third Sunday in March | Day of workers of trade, consumer services of the population and housing and communal services | |
| March 23 | Day of workers of the hydro-meteorological service | Decree of the President of the Russian Federation of May 19, 2008 N 812 "On the Day of workers of the hydrometeorological service" |
| March 25 | Cultural Worker's Day | Decree of the President of the Russian Federation of August 27, 2007 N 1111 "On the Day of the Cultural Worker" |
| March 27 | Day of the Internal Troops of the Ministry of Internal Affairs of the Russian Federation | Decree of the President of the Russian Federation of March 19, 1996 N 394 "On the establishment of the Day of Internal Troops of the Ministry of Internal Affairs of the Russian Federation" |
| March 29 | Day of a legal service specialist in the Armed Forces of the Russian Federation | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| April 2 | Day of unity of peoples | Decree of the President of the Russian Federation of April 2, 1996 N 489 "On the Day of Unity of Peoples" |
| April 8 | Day of employees of military commissariats | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| First Sunday of April | Geologist's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| April 12th | Commemorative date of Russia Cosmonautics Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| Second Sunday in April | Memorial Day Air Defense Forces Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| April 15 | Electronic Warfare Specialist Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| April 18th | Day of military glory of Russia Day of the victory of Russian soldiers of Prince Alexander Nevsky over the German knights on Lake Peipsi (Battle on the Ice, 1242) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| 26 April | Day of Remembrance for those who died radiation accidents and disasters | Decree of the Presidium of the Supreme Council of the Russian Federation of April 22, 1993 N 4827-1 "On the establishment of the Day of Remembrance for those killed in radiation accidents and catastrophes" |
| April 30 | Fire Department Day | Decree of the President of the Russian Federation of April 30, 1999 N 539 "On the establishment of the Day of fire protection" |
| May 1 (non-working day) | Spring and Labour Day | Art. 112 TK |
| May 7 | Radio Day, a holiday for workers in all branches of communications | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| May 9 (non-working day) | Day of Military Glory of Russia Victory Day of the Soviet people in the Great Patriotic War of 1941-1945 (1945) | |
| Last Sunday in May | Chemist's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| May 24 | Day Slavic writing and culture | Decree of the Presidium of the Supreme Council of the RSFSR of January 30, 1991 N 568-I "On the Day of Slavic Writing and Culture" |
| 26 of May | Russian Entrepreneurship Day | Decree of the President of the Russian Federation of October 18, 2007 N 1381 "On the Day of Russian Entrepreneurship" |
| May 27 | All-Russian Day of Libraries | Decree of the President of the Russian Federation of May 27, 1995 N 539 "On the Establishment of the All-Russian Day of Libraries" |
| May 28 | Border Guard Day | Decree of the President of the Russian Federation of May 23, 1994 N 1011 "On the establishment of the Day of the Border Guard" |
| June 5 | Ecologist's Day | Decree of the President of the Russian Federation of July 21, 2007 N 933 "On the Day of the Ecologist" |
| June 6 | Pushkin Day in Russia | Decree of the President of the Russian Federation of May 21, 1997 N 506 "On the 200th anniversary of the birth of A.S. Pushkin and the establishment of the Pushkin Day of Russia" |
| June 8 | Social Worker's Day | Decree of the President of the Russian Federation of October 27, 2000 N 1796 "On the Day of the Social Worker" |
| June 12 (non-working day) | The day of the adoption of the Declaration on State Sovereignty of the Russian Federation is a public holiday of the Russian Federation | Decree of the President of the Russian Federation of June 2, 1994 N 1113 "On the State Holiday of the Russian Federation" |
| Russia Day | Art. 112 TK | |
| Second Sunday in June | Day of Textile and Light Industry Workers | Decree of the President of the Russian Federation of June 17, 2000 N 1111 "On the Day of Textile and Light Industry Workers" |
| June 14 | Day of the migration service worker | Decree of the President of the Russian Federation of 04.06.2007 N 701 "On the establishment of the Day of the Migration Service Worker |
| Third Sunday in June | Medical Worker's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| Last Saturday in June | Day of the inventor and innovator | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| June, 22 | Memorable date Day of memory and sorrow - the day of the beginning of the Great Patriotic War(1941) | Decree of the President of the Russian Federation of June 8, 1996 N 857 "On the Day of Memory and Sorrow" Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates" |
| 27th of June | Youth Day | Decree of the President of the Russian Federation of June 24, 1993 N 459-RP "On the celebration of Youth Day" |
| First Sunday of July | Day of Marine and River Fleet Workers | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| July 10 | Day of military glory of Russia Victory day of the Russian army under the command of Peter the Great over the Swedes in the Battle of Poltava (1709) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| Second Sunday in July | Fisherman's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| Russian Post Day | Decree of the President of the Russian Federation of May 16, 1994 N 944 "On the Day of Russian Post" | |
| Third Sunday in July | Metallurgist's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| Last Sunday in July | Commemorative Day Navy Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| August 1 | Memorial Day Logistics Day of the Armed Forces of the Russian Federation | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| August 2 | Memorial Day Day of the Airborne Troops | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| First Sunday of August | Railroad Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| August 6 | Memorial Day Railway Troops Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| August 9 | Day of military glory of Russia Day of the first Russian history naval victory of the Russian fleet under the command of Peter the Great over the Swedes at Cape Gangut (1714) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| 12th of August | Commemorative Day Military Day air force(festive events dedicated to the Day Air force, are held on the Day of the Russian Air Fleet) | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" Decree of the President of the Russian Federation of August 29, 1997 N 949 "On the establishment of the Day of the Air Force" |
| Second Saturday in August | Athlete's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| Second Sunday in August | Builder's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| Third Sunday in August | Russian Air Force Day | Decree of the Presidium of the Supreme Council of the Russian Federation of September 28, 1992 N 3564-1 "On the establishment of the holiday Day of the Russian Air Fleet" |
| August 22 | Day of the State Flag of the Russian Federation | Decree of the President of the Russian Federation of August 20, 1994 N 1714 "On the Day of the State Flag of the Russian Federation" |
| August 23 | Day of Military Glory of Russia Day of the defeat of the Nazi troops by the Soviet troops in the Battle of Kursk (1943) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| Last Sunday in August | miner's day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| August 27 | Movie Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| September 1 | Knowledge Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| September 2 | Memorial Day Day of the Russian Guard | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| September 3 | Commemorative date of Russia Day of solidarity in the fight against terrorism | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| 4 September | Nuclear Specialist Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| First Sunday of September | Day of Oil and Gas Industry Workers | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| 8 September | Day of military glory of Russia Day of the Borodino battle of the Russian army under the command of M.I. Kutuzov with the French army (1812) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| 11 September | Day of military glory of Russia Victory day of the Russian squadron under the command of F.F. Ushakov over the Turkish squadron at Cape Tendra (1790) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| Second Sunday in September | Tankman's Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| September 21 | Day of military glory of Russia Day of the victory of Russian regiments led by Grand Duke Dmitry Donskoy over the Mongol-Tatar troops in the Battle of Kulikovo (1380) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| Third Sunday in September | Forest Workers Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| September 28 | Day of the nuclear industry worker | Decree of the President of the Russian Federation of June 3, 2005 N 633 "On the Day of the nuclear industry worker" |
| Last Sunday of September | Engineer's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| October 1 | Day of the elderly | Decree of the Presidium of the Supreme Council of the Russian Federation of June 1, 1992 N 2890 / 1-1 "On the problems of the elderly" |
| Memorial Day Ground Forces Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" | |
| The 4th of October | Memorial Day Day of the Space Forces | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| October 5 | Teacher's Day | Decree of the President of the Russian Federation of October 3, 1994 N 1961 "On the celebration of Teacher's Day" |
| The 20th of October | Day of the military signalman | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| October 24 | Memorial Day Special Forces Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| the 25th of October | Day of the customs officer of the Russian Federation | Decree of the President of the Russian Federation of August 4, 1995 N 811 "On the establishment of the Day of the customs officer of the Russian Federation" |
| Second Sunday in October | Worker's Day Agriculture and processing industry | Decree of the President of the Russian Federation of May 31, 1999 N 679 "On the Day of the Worker of Agriculture and Processing Industry" |
| Third Sunday in October | Day of Road Workers | Decree of the President of the Russian Federation of March 23, 2000 N 556 "On the Day of Road Workers" |
| Last Sunday in October | Day of Road Transport Workers | Decree of the President of the Russian Federation of October 14, 1996 N 1435 "On the establishment of the Day of Road Transport Workers" |
| October 30 | Day of Remembrance for Victims of Political Repressions | Decree of the Supreme Council of the RSFSR of October 18, 1991 N 1763/1-I "On the Establishment of the Day of Remembrance of the Victims of Political Repressions" |
| November 4 (non-working day) | Day of Military Glory of Russia National Unity Day | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" Art. 112 TK |
| November 5 | Military intelligence day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| November 7 | Day of Military Glory of Russia The day of the military parade on Red Square in Moscow to commemorate the twenty-fourth anniversary of the Great October Socialist Revolution (1941) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| Commemorative date of Russia Day of the October Revolution of 1917 | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" | |
| Day of consent and reconciliation | Decree of the President of the Russian Federation of November 7, 1996 N 1537 "On the Day of Consent and Reconciliation" | |
| 10th of November | Police Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| the 13th of November | Memorial Day Day of the troops of radiation, chemical and biological protection | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| November 19 | Memorial Day Day of the Missile Forces and Artillery | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| November 21 | Day of the employee of the tax authorities of the Russian Federation | Decree of the President of the Russian Federation of November 11, 2000 N 1868 "On the Day of an employee of the tax authorities of the Russian Federation" |
| Last Sunday in November | Mothers Day | Decree of the President of the Russian Federation of January 30, 1998 N 120 "On Mother's Day" |
| December 1 | Day of military glory of Russia Victory day of the Russian squadron under the command of P.S. Nakhimov over the Turkish squadron at Cape Sinop (1853) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| December 3 | Lawyer's Day | Decree of the President of the Russian Federation of February 4, 2008 N 130 "On the establishment of the Lawyer's Day" |
| 5th of December | Day of military glory of Russia Day of the start of the counteroffensive Soviet troops against the Nazi troops in the battle near Moscow (1941) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| 9th December | Commemorative date of Russia Day of Heroes of the Fatherland | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| 12 December | Commemorative date of Russia Constitution Day of the Russian Federation - public holiday | Decree of the President of the Russian Federation of September 19, 1994 N 1926 "On the Day of the Constitution of the Russian Federation" Federal Law of 13.03.1995 N 32-FZ "On the days of military glory and memorable dates of Russia" |
| December 17 | Memorial Day Day of the Strategic Missile Forces | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| 20th of December | Day of the Security Bodies of the Russian Federation | Decree of the President of the Russian Federation of December 20, 1995 N 1280 "On the establishment of the Day of the worker of the security agencies of the Russian Federation" |
| Third Sunday in December | An energy worker's day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" |
| December 24 | Day of military glory of Russia Day of the capture of the Turkish fortress Izmail by Russian troops under the command of A.V. Suvorov (1790) | Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" |
| 27th of December | Day of the rescuer of the Russian Federation | Decree of the President of the Russian Federation of December 26, 1995 N 1306 "On the establishment of the Day of the Rescuer of the Russian Federation" |
Introduction……………………………………………………………………..…….2
1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation………...3
1.1. Peculiarities legal regulation weekends and non-working holidays …………………………………………………...3
1.2. Cases of involving employees to work on weekends and (or) non-working holidays ……………………………….……...11
1.3. Rules for attracting and formalizing engagement to work on weekends and (or) non-working holidays ………………… 17
1.4. Pay on weekends and (or) holidays …………….20
Conclusion………………………………………………………………………….24
List of legal acts and literature…………………………...26
Introduction
According to Article 37 of the Constitution of the Russian Federation - “everyone has the right to rest”, and along with fixing the main forms of rest (weekends and holidays, paid annual leave), it guarantees the duration of working hours established by federal law to a person working under an employment contract.
Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. But Article 113 of the Labor Code of the Russian Federation provides for cases when the employer has the right to involve employees in work on weekends and non-working holidays. These cases are the subject of my term paper.
The purpose of writing a term paper is to conduct a comprehensive study of the legal regulation of leisure time under Russian law.
The achievement of this goal is facilitated by the solution of the following tasks:
Determination of the general theoretical provisions of weekends and non-working holidays in accordance with the Labor Code of the Russian Federation;
Analysis of the procedure for remuneration on weekends and non-working holidays;
1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation.
1.1. Features of the legal regulation of weekends and non-working holidays.
Weekends are a form of rest time. Their hallmark is that they are provided to employees for uninterrupted rest between working days.
The concept of "rest" in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time. The International Labor Organization (ILO) drew the attention of employers in its early years to the fact that the well-directed use of leisure time, by enabling workers to pursue more diverse interests and by providing a break from the stress of everyday work, can increase productivity and output, and thus can help you get the most out of your working day.
In Russian legislation, the regulator of working hours during the week is article 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest for all employees.
The duration of the working week is provided for by the working hours and is established by the collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.
Sunday is proclaimed part of the second article 111 of the Labor Code of the Russian Federation as a general day off. Moreover, the second day off with a 5-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, however, other options are possible, since part two of Article 111 of the Labor Code of the Russian Federation provides that both days off, “usually ", are provided in a row.
In accordance with the generally accepted ILO principle of providing workers with uninterrupted free time “to the extent possible”, employers are left with the choice of establishing days off, taking into account the requirements of various sectors of the economy, local customs and the differing abilities and skills of various groups of workers. This principle was reproduced in the third part of Article 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide employees with days off on different days of the week in turn to each group of employees in accordance with the rules of the internal labor organization schedule.
According to article 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. Legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social well-being of workers. After all, the lack of free time can ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activity of the state. In addition, the very size of the minimum period of uninterrupted free time reflects not only the social side labor activity, but also the level of economic development of society - in developed countries it is more, and in developing countries it is less.
The beginning of the period specified in Article 110 of the Labor Code of the Russian Federation is calculated from the moment the employee finishes work on the last day of the calendar or working week (when working according to the shift schedule), and the end, respectively, from the moment he enters work on the first day of the new calendar or working week.
By the way, it is precisely for the purpose of complying with the established standard of time for weekly rest that part three of Article 95 of the Code establishes a limit on the duration of work on the eve of days off with a 6-day working week - no more than 5 hours.
Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Holidays”, in others, holidays are introduced and canceled by separate acts (for each specific day), in third - holidays are established by general regulatory legal acts regulating public administration.
In the Russian Federation, the list of public holidays is determined by article 112 of the Labor Code of the Russian Federation. After amendments to it by the Federal Law of December 29, 2004 No. 201-FZ, non-working holidays in the Russian Federation are:
Without going into an analysis of the legitimacy of these holidays from the point of view of the correspondence of the above articles of the Constitution of the Russian Federation and articles 5, 6 and 112 of the Labor Code of the Russian Federation, we note that article 112 of our main Code does not exhaust public holidays.
According to part two of Article 112 of the Labor Code of the Russian Federation, if a non-working holiday falls on a day off, then the day off is transferred to the next working day after the holiday.
Here it is necessary to pay attention that for public holidays, which are established by the legislation of the constituent entities of the Russian Federation, the legislative acts that introduce these holidays provide for a similar transfer procedure: if the day off and holidays coincide, the day off is transferred to the next working day after the holiday.
The clarification, in particular, provides that the transfer of days off coinciding with holidays is carried out in organizations that apply various modes work and rest, in which work on holidays is not performed. This equally applies to work modes with both constant days of the week fixed on the days of the week, and with sliding days of rest.
For work and rest regimes that provide for work on holidays (for example, in continuously operating organizations or related to daily public services, round-the-clock duty, etc.), this provision on the postponement of days off does not apply.
In addition to the automatic transfer of days off, part five of Article 112 of the Labor Code of the Russian Federation provides that, 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. A draft resolution on such a transfer is being prepared by the Russian Ministry of Health and Social Development. The Government of the Russian Federation considers it and either accepts the proposals of the Ministry and issues a resolution, or edits them.
How to correctly take into account holidays, in accordance with Article 112 of the Labor Code of the Russian Federation, and correctly draw up vacation and work schedules taking into account these days - read the article.
From the article you will learn:
Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays. Holidays that are mandatory throughout Russia are listed in Part 1 of this article. According to its provisions, officially established holidays and, therefore, non-working holidays in Russia are:
- New Year holidays falling on January 1, 2, 3, 4, 5, 6 and 8;
- Christmas - January 7;
- Defender of the Fatherland Day - February 23;
- International Women's Day - March 8;
- Holiday of Spring and Labor - May 1;
- Victory Day - May 9;
- Russia Day - June 12;
- National Unity Day - 4 November.
How holidays are transferred that coincided with a regular weekend
If a non-working holiday falls on a regular day off, then the day off is transferred to the working day following the holiday. However, for this rule, legislators have established an exception: weekends that fall on public holidays listed in paragraphs 2 and 3 of part 1 of Art. 112 of the Labor Code of the Russian Federation (New Year holidays and Christmas).
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In order to rationally use non-working days weekend may be transferred to other days by a separate regulatory legal act of the Government or federal law. The relevant document must be officially published no later than one month before the calendar year to which it refers.
If the calendar year has already begun, during it the adoption of similar regulatory legal acts of the Government of the Russian Federation on the transfer weekend other days are also possible. But for this, the condition of their official publication must be observed no later than two months before the calendar date of the established day off. More information about the transfer of holidays, according to the Labor Code of the Russian Federation, with an indication of the relevant laws and regulations, can be found in .
Is it necessary to extend the annual leave of employees for a regional holiday
Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays for both 2017 and 2018, mandatory for the whole country. However, the law grants the right to the subjects of Russia to establish additional non-working holidays, not mentioned in Art. 112 of the Labor Code of the Russian Federation.
Public authorities in a separate subject have the right to declare certain regional holidays as non-working days in the event of:
- the holiday has a religious orientation;
- a corresponding request was received from a religious organization;
- the decision was made by the state body of the subject.
For example, in the Chuvash Republic, a separate act declared June 24 a holiday throughout the constituent entity of the Russian Federation - the Day of the Republic of Chuvashia, which is not included in Art. 112 of the Labor Code of the Russian Federation.
As a general rule, in this case it is necessary to renew the annual vacation employees, unless the law of the subject provides for a different procedure. Similar explanations are contained in the letter of Rostrud dated September 12, 2013 No. 697-6-1.
Is it possible to indicate in the local act for the enterprise that only time off is provided for work on a holiday?
Labor Code of the Russian Federation in Art. 112 expressly states that the employer, as a general rule, must compensate for work in weekend and non-working holidays, first of all, additional payment. The amount and procedure for paying the said remuneration is determined by:
- collective agreement;
- employment contract;
- local normative act adopted taking into account the opinion of the elected body of the primary trade union organization;
- agreements of the parties of social partnership.
Note! The cost of paying remuneration for non-working holidays is fully attributed to labor costs.
If the employee himself expresses a desire, work on holidays can be compensated with a day off. However, in this case, keep in mind that the employee is given a full day of rest, regardless of the number of hours actually worked in day off or public holiday.
Thus, the employer does not have the right to prescribe a provision in the local act for the enterprise that only days off are provided to employees for work on a holiday.
How is the granted time off for work on a holiday reflected in the salary of an employee
In the Labor Code of the Russian Federation, Article 112 establishes the procedure for compensating an employee for work on a holiday in the form of an additional payment. However, the employee, at will, can replace it with a day off.
Instead of increased pay, at the request of the employee, another day of rest may be provided. In this case, work on a non-working day is paid in a single amount, and the day of rest is not payable. This means that an employee who receives a salary, if they use a day of rest as compensation, does not have their salary reduced. At the same time, it is not taken into account whether the employee uses the day of rest in the current month or in subsequent ones.
Thus, time off provided for work on a holiday should be excluded from the norm of accounting for working time. V report card this day is designated as a day off by the code "B" or the digital "26" when using unified forms No. T-12 or No. T-13.
Important! Employees working on piecework pay need to be paid extra for non-working holidays when they were not involved in the work.
On what date to dismiss an employee if the dismissal coincided with the holidays
Receiving a letter of resignation from an employee on the eve of holidays often becomes a problem for a personnel officer. After all, the date of dismissal may fall on holidays according to the Labor Code of the Russian Federation, and the employee may in principle not want to transfer it.
If the last day of any period falls on a non-working day, then its end is postponed to the next business day (Article 14 of the Labor Code of the Russian Federation). You can move the date of dismissal, which fell on a holiday or weekend, only if this day is not a working day for the employee. In practice, this situation is solved as follows. If the day of dismissal is non-working for both the personnel officer and the employee, then the date of dismissal can be postponed to the next working day. The courts agree with this in the event of dismissal under a fixed-term contract and for downsizing. This rule can be extended to dismissal of one's own free will.
At the same time, the day of dismissal is the last day of work. As a result, it may turn out that you need to fire an employee on a day off for the personnel officer. At the same time, this day will be a working day for the employee. This often happens when an employee works on a rotating or shift schedule. If the day for the dismissed worker, then in order to formalize the dismissal, an employee of the personnel department is involved in work on a holiday. As a more convenient option, they agree with the employee to postpone the date of dismissal.
HIs it necessary to pay sick leave if an employee falls ill on holidays?
In general, sick leave benefits are paid for all calendar days of sickness. At the same time, non-working holidays, according to Article 112 of the Labor Code, do not need to be excluded from the calendar days of illness, since they do not belong to excluded periods for which benefits are not paid.
Important! If the days of illness coincided with non-working days, then the hospital allowance must be paid on them in the general manner. This provision follows from part 8 of article 6, part 1 of article 9 of the Law of December 29, 2006 No. 255-FZ.
It is important for HR to keep in mind that labor law generally guarantees the maintenance of the level of remuneration of personnel not working on public holidays. Any exceptions to general rule must be legally justified.
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