Holidays established by the legislation of the Russian Federation. Labor Code

12.10.2019

The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing work modes and shift schedules. The duration of the weekly uninterrupted rest is calculated from the end of work on the eve of the day off and until the start of work on the day after the day off. The calculation of the duration depends on the mode of working time: the type of working week, shift schedules. With a five-day working week two days off are provided, with a six-day one - one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off with a five-day working week is established by the collective agreement or the rules of the internal work schedule. Weekends are usually given consecutively.

Weekend

Weekends are a form of rest time. Them 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 thus can contribute to getting the most out of the working day.

It is this scientific and social approach to the establishment of rest time that currently prevails in developed countries, where the duration of working time is limited by law or otherwise, i.e., obligatory uninterrupted rest time is established.

In Russian legislation, Art. 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 time regime, five days with two days off, six days with one day off, a working week with days off on a staggered schedule, and is established by a collective agreement or internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part 2 of Art. 111 of the Labor Code of the Russian Federation, Sunday is declared a general day off. Moreover, the second day off with a five-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with uninterrupted leisure time as far as 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 Part 3 of Art. 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 days off to employees on different days of the week in turn for each group of employees in accordance with the internal labor regulations of the organization.

According to Art. 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 economic development society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.

The beginning of the specified in Art. 110 of the Labor Code of the Russian Federation, the period is calculated from the moment the employee finishes work on the last day of the calendar or work week, when working according to the shift schedule, and the end, respectively, from the moment the employee enters work on the first day of the new calendar or work week. The specific duration of the weekly uninterrupted rest depends on the operating mode established in the organization, i.e. on the type of week: 5-day, 6-day or shift schedule, and on the employer's calculations.

By the way, it is precisely for the purpose of complying with the established standard of time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation 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.

Non-working holidays

Every country in the world has its own official holidays, when the population is not involved in work, but rests.

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 others - Holidays are established by general regulatory legal acts regulating public administration.

AT Russian Federation the list of public holidays is determined by art. 112 of the Labor Code of the Russian Federation. After making changes to it federal law dated December 29, 2004 No. 201-FZ non-working public holidays in the Russian Federation are:

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

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

1. Part 1 of Article 112 of the Labor Code of the Russian Federation establishes a list of public holidays on the territory of the Russian Federation.

In order to ensure that each employee has the opportunity to use 12 non-working days in addition to days off each year public holidays, part 2 of the commented article provides for a rule on the transfer of a day off coinciding with a holiday to the next working day after the holiday. This rule should also apply when the day off, which is due to the employee in accordance with the internal labor regulations, coincides with a non-working holiday. With such a coincidence, the day off for the employee will be the next working day after the holiday.

The transfer of days off coinciding with non-working holidays should also be carried out in organizations using various modes work and rest, in which work on holidays is not performed. This applies equally to the modes of operation both with constant days off, fixed by the days of the week, and with "sliding" days of rest.

According to established practice, in cases where the regime of work and rest provides for work on non-working holidays (in continuously operating organizations or those associated with daily public services, round-the-clock duty, etc.), the rule on postponing days off is not applied (clarification of the Ministry of Labor of Russia dated 29 December 1992 N 65 "On some issues arising in connection with the transfer of days off coinciding with holidays" // BNA RF. 1993. N 3).

2. Part 3 of the commented article provides for the payment of additional remuneration to employees, with the exception of those receiving a salary (official salary), 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. At the same time, it is specifically indicated that the amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of funding.

3. An additional guarantee is provided for employees who receive a salary (official salary). In accordance with part 4 of article 112 of the Labor Code of the Russian Federation, the presence of non-working holidays in the calendar month is not a basis for reducing their wages. In other words, employees who receive a salary (official salary), wage in a calendar month is retained in full, regardless of the number of non-working holidays in that month.

4. Part 5 of Article 112 of the Labor Code of the Russian Federation grants the Government of the Russian Federation the right to transfer holidays to other days, adding them to the nearest non-working days, in order to rationally use weekends and non-working holidays by employees. At the same time, it is clarified 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 one 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 allowed subject to the official publication of these acts no later than 2 months before the calendar date of the day off to be established. This clarification allows both employees and employers to plan in advance the relevant activities related to the organization of work and leisure.

In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day on which the day off is transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 4 , approved by Decree of the Ministry of Labor of Russia of February 25, 1994 N 19 // BNA RF. 1994. N 5).

Weekend work for Labor Code not allowed. However, there are some exceptions when it is permissible to involve employees in the implementation job duties weekends with or without their consent. Let's talk about them in our article.

Work on a day off according to the Labor Code of the Russian Federation

Everyone employee has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their days off. Involving them in additional labor activity is possible if consent is obtained in advance to go to work. writing. However, employees may refuse additional processing during the off-hours.

Overtime work must be properly documented. Necessary:

obtain written consent from the employee to go to work during holidays or weekends;
familiarize the employee with the conditions of exit, including the right to refuse work in their free personal time;
notify the trade union body (if any);
issue an order to perform overtime work, indicating the reasons, duration and involved persons.

Sometimes obtaining the consent of the employee to perform work duties on weekends is not required. These are possible under the following conditions in accordance with Art. 113 of the Labor Code of the Russian Federation:

if it is necessary to prevent the occurrence of unforeseen circumstances that can lead to catastrophic consequences, including accidents or damage to the company's property;
the need to perform work arose in connection with an emergency situation caused, among other things, natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with young children under 3 years old) are involved in overtime work only with their consent. It is forbidden to use on weekends and labor of minors.

Possible options for engaging in work in free time are required to be prescribed in the collective agreement and other internal local acts.

You will learn information about the execution of other local documents at the enterprise from the article "Agreement on collective liability - sample-2017" .

Working conditions on weekends and holidays

If there is a need for overtime work, the management issues an order to involve employees who have agreed to perform the work. It fixes the date of entry to overtime work on weekends. When emergencies going to work on weekends and holidays can also occur by oral order of the management (before the issuance of the order).

The performance of work on weekends by disabled people or women who have children under 3 years of age is possible not only with their written consent, but also provided that there are no medical contraindications for working overtime.

NOTE! If an employee works under a fixed-term employment contract lasting up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent even in case of emergency (Article 290 of the Labor Code of the Russian Federation).

Pay for work on a day off

For the use of personal time spent on overtime work employees are entitled to compensation. They have a choice:

or take an additional day off and receive payment for work on the day off in a single amount;
or agree to double monetary compensation based on the current tariff rate or upon piecework payment (Article 153 of the Labor Code of the Russian Federation).

Those employees who are entitled to a fixed monthly salary are paid for work on weekends and holidays based on the daily or hourly norm, if the monthly norm of working time (according to the Labor Code of the Russian Federation) is not exceeded. If the working time limits for a month are exceeded, the payment for additional labor activity on holidays and weekends is calculated at a double rate.

If the employee requested the provision of time off, he must write a corresponding application.

The rules for calculating additional compensation for weekends and holidays do not apply to those whose normal schedule includes the possibility of working on holidays and weekends: employees with irregular working hours, shift work.

All additional conditions can be spelled out in the internal regulation on remuneration, the procedure for filling which you will learn from the article "Regulations on the remuneration of employees - sample-2018" .

Sample letter of consent to work on a day off

The forms of the document confirming the receipt of the consent of the employee to go to work in extra time are not legally approved. Each enterprise has the right to develop its own form.

A sample written consent of an employee to work on weekends and holidays can be downloaded on our website.

Results

In some situations, work during periods intended for rest (holidays, weekends) is necessary to maintain the normal operation of the enterprise. However, in most cases, employees must voluntarily agree to perform work duties outside of working hours. Additional work on weekends for some categories of employees (pregnant women, minors) is prohibited.

Weekend work according to the Labor Code the general rule is prohibited, but there are exceptions - they are stipulated in this article. Here, attention is paid to the concept of a day off and the list of holidays, as well as the case of a citizen's demand to cancel a non-working holiday.

The concept of a day off according to the Labor Code of the Russian Federation

The quality of the work is not least due to good rest worker. An employee is entitled to several types of rest time:

vacation (including vacation without pay);
holidays and weekends;
daily breaks and between shifts.

Days off, as stated in Art. 111 TK, is a continuous rest provided weekly.

The minimum period of a day off under Art. 110 TK - 42 hours. At the same time, a different duration is established for employees of certain industries. For example, according to the Regulations on the peculiarities of the working hours and rest time of communications workers, approved. by order of the Ministry of Communications of the Russian Federation of September 8, 2003 No. 112, for workers working in shifts, the minimum rest period is 24 hours, but the average weekly rest time for reporting period should not be less than 42 hours.

This provision does not apply only to communications workers. So, Rostrud, in a letter “On the possibility of reducing the duration ...” dated 01/20/2014 No. PG / 13281-6-1, explained that the use of summing rest time and deriving the average time for the reporting period, by analogy with the provisions of order No. 112, is also allowed for other categories workers, provided that it is impossible to establish a different rest time due to production conditions. Moreover, such summation should be fixed in the local act of the employing organization.

Which days are considered days off: Saturday, Sunday or any other day?

holiday status	Cases of provision	Holiday time in days	day off	Do we pay vacation?	Base
Mandatory holidays	6 day work week	1 per week	Sunday
			Another day when the provision of a day off on Sunday will entail a violation of technical, production or organizational conditions. Weekends in this case are determined by the internal labor regulations (PVTR)
	5 day work week	2 per week	Sunday and other day determined by the PVTR or the collective agreement
			Any two days in the event that the provision of a day off on Sunday will entail a violation of technical, production or organizational conditions. Weekends in this case are determined by the PVTR
Extra holidays	A female worker works in the countryside	1 per month	day on application
	Parent or parent of a child under 16 working in the Far North or equivalent areas	1 per month	day on application
	The employee(s) is raising a disabled child	4 per month	day on application
	The employee(s) is a donor of blood or its components	1 or + 2 (if the day of the medical examination and the day of delivery do not coincide)	Blood donation day, medical examination day
			Another day at the choice of the employee, if the employee went to work on the day of blood donation

NOTE! In accordance with paragraph 17 of the resolution of the plenum of the Supreme Court “On the application of legislation regulating the labor of women ...” dated January 28, 2014 No. 1, 4 additional days off when caring for a disabled child can be divided between parents at their discretion. That is, for example, the mother can use 1 day off, and the father the remaining 3.

At the same time, in the Rules for the provision of additional paid days off for the care of children with disabilities, approved. Decree of the Government of October 13, 2014 No. 1048, notes that unused additional days off in the next month can no longer be used.

Article 112: non-working holidays in the Russian Federation are ...

The Labor Code established 14 public holidays that are non-working days:

		Holiday
		New Year holidays
		Nativity
		Defender of the Fatherland Day
		International Women's Day
		Spring and Labour Day
		Victory Day
		Russia Day
		National Unity Day

As stated in part 7 of Art. 4 “On Freedom of Conscience and Religious Associations” of the Law of September 26, 1997 No. 125-FZ, additional non-working holidays can be declared in the constituent entities of Russia.

The procedure for establishing an additional non-working day comes down to the fact that a religious organization applies to state bodies with a request to declare a day that falls on a religious holiday as a non-working day. The state body considers the application and makes a decision either on the introduction in the region extra day or denial of the application.

For example, in the Republic of Tuva, the law "On holidays ..." dated February 12, 1999 No. 143 establishes non-working days during the Shagaa and Nadym holidays. The Law of the Republic of Buryatia "On holidays ..." dated December 23, 2008 No. 675-IV established a non-working day during the Sagaalgan holiday.

Incident: in 2011, a citizen applied to the Supreme Court of the Republic of Bashkortostan, who considered that the effect of Art. 1 of the Law of Bashkiria "On holidays and memorable days, professional holidays and other significant dates in the Republic of Bashkortostan" dated February 27, 1992 No. VS-10 / RB infringes on his rights.

The article established additional non-working days on the days of the celebration of Kurban and Eid al-Fitr. The citizen referred to the fact that the article violates the rights of those who profess other religions and atheists, and therefore the establishment of a non-working day as a result of the celebration of a religious holiday causes him moral harm and violates the right to work on the day of the holiday.

By the decision of the Republican Supreme Court in the case of June 27, 2011 No. 3-43 / 2011, the application was denied to the citizen. At the same time, the court noted that the publication of the norm on additional non-working days improves the position of the employee, which is not a violation of the right to work. The rights of persons professing a different religion are not violated by law.

What should I do if weekends and holidays coincide?

How installed TK, work on weekends and holidays, with some exceptions, is not allowed. In this regard, the question arises: what should the employer do if a non-working holiday coincides with a day off? The answer is in Art. 112 TC: in such a situation, the day off is shifted to a different date. There are 2 transfer options:

It is used for the January holidays, i.e. Christmas and New Year holidays.
The transfer of coinciding holidays is carried out by the Government of the Russian Federation. At the same time, it notifies the population of the days of the transfer by issuing a decree, which is published no later than November 1 of the previous year. For example, a resolution “On the postponement of holidays in 2017” dated 08/04/2016 No. 756 has already been issued.
Applies to other public holidays.
In accordance with Part 2 of the Procedure for calculating the norm of working hours, approved. By order of the Ministry of Health and Social Development of August 13, 2009 No. 588n, the day off is transferred to the next working day after the holiday.

The possibility of transfer is not made dependent on the work schedule, whether it be a fixed or a rotating schedule, but it depends on what kind of work plan the workers perform. The Procedure notes that in production that operates continuously, or in the service of the population, which is carried out daily, that is, under special organizational, technical or production conditions, the day off is not transferred.

Article 113 of the Labor Code - work on weekends and non-working holidays is usually prohibited

Work on rest days is prohibited. The exceptions are cases when the work is caused by certain circumstances:

Works allowed	Is employee consent required?	Is the opinion of the trade union taken into account?
Urgent work
Prevention or elimination of the consequences of a disaster, catastrophe, accident
Accident prevention
Prevention of destruction, damage to the property of the employer, municipal or state body
Work due to emergency or emergency Holidays when work is not carried out are determined by the Labor Code. In some regions of the country, this list has been expanded. If a holiday coincides with a weekend, the latter is transferred by the Government or the employer.

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 distinguishing feature 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 may 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 of 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 purposes 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 use different work and rest regimes, in which work is not performed on holidays. This applies equally to the modes of operation both with constant days off, fixed by 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.