Employee going out on a day off. How is work paid on holidays and weekends according to the labor code?

In almost any organization there may be a need to call employees to work on a weekend or holiday. Typically, this situation is associated with high urgency, and the personnel department is notified of changes in the schedule only the day before, when there is no time left to prepare the accompanying documentation. As you know, the forms of documents for carrying out work on a day off are not unified, so it makes sense to develop appropriate templates in advance - taking into account all the nuances of labor legislation.

According to Art. 111 Labor Code Russian Federation, days off must be provided to all employees. Sunday is considered a general day off. With a five-day working week employees have the right to two days off – usually Saturday and Sunday. The list of non-working holidays is established by Article 112 of the Labor Code of the Russian Federation; there are 12 of them per year: January 1, 2, 3, 4, 5 and 7, February 23, March 8, May 1 and 9, June 12, November 4. In accordance with Art. 113 Labor Code of the Russian Federation work on weekends and holidays prohibited. To solve unexpected production tasks employees can be brought to work on such days, but only with their consent. However, part 3 of Art. 113 of the Labor Code of the Russian Federation establishes cases when employees are required to perform their job duties on weekends and holidays, and their consent is not required. Such situations include:

preventing a catastrophe, industrial accident or eliminating their consequences, as well as the consequences natural disaster;
prevention of accidents, as well as destruction or damage to the employer’s property;
performing work the need for which is due to the introduction of a state of emergency or martial law.

It should also be taken into account that the involvement of disabled people and women with children under 3 years of age in extra work on a weekend or holiday, it is possible if such activity is not prohibited for health reasons (the ban, according to Part 7 of Article 113 of the Labor Code of the Russian Federation, must be confirmed by a medical report). Such employees should be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

The Labor Code of the Russian Federation defines categories of employees who are strictly prohibited from being employed on weekends and non-working holidays:

persons under 18 years of age, with the exception of creative workers mass media, cinematography organizations, as well as television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and performance of works (Article 268 of the Labor Code of the Russian Federation);
athletes under the age of 18 (part 3 of article 348.8 of the Labor Code of the Russian Federation);
pregnant women (Part 1 of Article 259 of the Labor Code of the Russian Federation).

In accordance with Part 2 of Art. 113 of the Labor Code of the Russian Federation, an employee’s consent to work on a weekend or holiday must be in writing; a verbal agreement alone is not enough. The need for work must be justified - for this, a corresponding memo is sent to the head of the organization. As a rule, it is compiled by the head of the department. The memo must indicate the name of the work, the date and time of its implementation, as well as the employee who is involved in it (Appendix 1).

Based on the memo, the HR department prepares a written notice for the employee, which explains the type of work, the time of its completion and the reasons for its need (Appendix 2). It is worth including information about the employee’s rights in the notice, indicating possible options compensation for working on a day off. Disabled people and women with children under 3 years of age must be notified against signature of the right to refuse to work on weekends and non-working holidays (Part 7 of Article 113 of the Labor Code of the Russian Federation).

According to Art. 153 of the Labor Code of the Russian Federation, work on a day off must be paid at least double the amount. Please note: if earnings are accrued to employees on a piece-rate basis or based on daily and hourly tariff rates, in each case the prices will need to be increased by at least 2 times. But employees receiving a salary should be paid for work on a day off in the amount of at least a single daily or hourly rate in addition to the salary, taking into account that the work was carried out within the monthly working hours. If the monthly norm is exceeded, payment is calculated in the amount of at least double the daily or hourly rate per day or hour of work in excess of the salary.

Working time standards are regulated by Article 91 of the Labor Code of the Russian Federation and Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n “On approval of the procedure for calculating working time standards for certain calendar periods time (month, quarter, year) depending on the established duration of working hours per week.” When calculating working time, it should be assumed that its normal duration cannot exceed 40 hours per week. However, there is no document that would define the reasons why working time standards may not be fully worked out. Let’s say a salaried employee was on vacation or absent due to temporary disability. Under such conditions, he is unlikely to be able to fully work out the norm in a month. This means that by engaging him to work on a day off, he can be paid at least a single daily or hourly rate in addition to his salary. Please note: if local regulations, such as a collective agreement or internal labor regulations, state that work on weekends and non-working holidays is paid at double rate, you will not be able to pay the employee a single daily or hourly rate for working on weekends, even if he worked less than normal working hours. To avoid misunderstandings, employees should be notified in advance about possible or planned options for remuneration for work on weekends, indicating the payment rates in the notice of engagement.

Since part 1 of Art. 153 of the Labor Code of the Russian Federation establishes only minimum prices for work on weekends and holidays, we can conclude that, at the request of the employer, compensation can be increased. Moreover, the amount of appropriate remuneration must be determined in the internal regulatory document employer, for example in internal labor regulations or a collective agreement.

Instead of increased pay, the employee has the right to choose another day of rest, in accordance with Part 3 of Art. 153 Labor Code of the Russian Federation. It should be noted that such an additional day of rest is not subject to payment, and a day off or holiday on which the employee will work must be paid as a regular worker - in a single amount. The employee can report his decision (increased pay or another day of rest) in a statement (see Appendices 3 and 4) or leave the corresponding entry directly in the notice of the need to work on a day off. It is very important to obtain written confirmation from the employee of the choice of compensation, because... it is the only proof of his consent and will avoid disputes later.

If an employee wants to receive an additional day of rest, he will have to agree on the date with the employer. Since the legislation does not specify exactly when such a day of rest should be provided, the employee and the employer must come to a decision acceptable to each of the parties. “Free” can be Monday after a working day off, or any other day. At the request of the employee, such “time off” can even be added to vacation. The legislation does not indicate during what period of time (for example, calendar year) the employee can exercise this right. Please note: the employee is provided with a full day of rest - regardless of the number of hours worked on the day off (Rostrud Letter No. 731-6-1 dated March 17, 2010).

If an employee does not agree to work on a day off and records his refusal in writing in a notice or a separate statement, then it is impossible to attract such an employee to work, unless the need for work on a day off is due to emergency circumstances established by Part 3 of Art. 153 Labor Code of the Russian Federation. Moreover, refusal to work on a day off or a non-working holiday does not serve as grounds for bringing an employee to disciplinary action.

After the employee confirms in writing his consent to work on a day off and a non-working holiday, it is necessary to prepare an order or instruction in accordance with Part 8 of Art. 113 of the Labor Code of the Russian Federation (see Appendix 5). The employer’s administrative document should include all essential conditions: the type of work, the reasons that necessitated their implementation, the date and time. It is extremely important to indicate operating hours, because... An employee may be hired not for a full working day, but for part of it - for example, for 4 or 6 hours. Also, the order must determine the method of compensation for work on a weekend or non-working day - double payment or indicating the date of granting another day off. The basis of the order should list all related documents: a memo about the need to work on a day off, notification to the employee, written consent of the employee. The employee must familiarize himself with the order before starting work.

According to labor legislation, workers can be hired on weekends and non-working days (holidays) only if the employer has their written consent. At the same time, this is possible only in the event of any unforeseen circumstances or work that could not be foreseen in advance, and the normal functioning of the company or its branches depends on the urgency of their implementation. Such amendments were adopted in 2006. Their introduction was due to the fact that previously employers often abused their right to work on weekends and set in advance unrealistic deadlines for completing work or inflated targets, which is why many were required to go to work on weekends.

On weekends, it is possible to carry out work that could not be suspended for production reasons, otherwise this would entail any consequences. negative consequence. These include, for example, the need to serve the population, as well as to carry out repair or loading work.

An employee always has the right to refuse to go to work on days off; this cannot be a disciplinary offense.

It is worth noting that an employee’s consent to work on weekends is not always required. Article 143 of the Labor Code of the Russian Federation provides for a number of cases that are considered exceptional:

Prevention of disasters, accidents (fires, natural disasters, epidemics) and implementation of work to immediately eliminate their consequences;

Accident prevention;

Elimination of causes of disruption of water supply, lighting, gas supply, transport, heating, sewerage, communications;

Provision of emergency medical care by medical personnel.

In such situations, the employee is obliged to work.

Features of working on weekends

It cannot be said that working on weekends is a uniquely negative phenomenon for an employee. After all, according to the law, such work is paid no less than double the amount. Or the employee can then take a day off on any day off. In the latter case, work on days off is paid at double rate, but time off is not paid. The employee can determine the compensation option for himself. An employer does not have the right to force an employee to take time off rather than exercise his right to monetary compensation.

Even if you only had to work for an hour or two on a weekend, the employee is still given a whole day off, and monetary compensation is due only for the hours worked.

During the year, an employer can hire an employee for no more than 12 days off. With the exception of special cases provided for in Article 143 of the Labor Code of the Russian Federation. And if hiring on a day off is not an exception, but a rule in the company and it is systematic, then the employer is obliged to conclude an additional agreement. agreement to the employment contract and pay the employee for part-time work. Otherwise, the employer violates labor laws.

If the conditions for being hired to work on weekends are violated, an employee can at any time apply for protection of his rights to the labor inspectorate or the prosecutor's office.

It is possible to attract an employee to work on a weekend or a holiday, but certain conditions must be observed, because, as a rule, such off-hour work is prohibited. The exception is certain situations, for example, the need to eliminate a production accident or natural disaster. As well as a special mode of work for the employee, which initially involves performing job responsibilities on generally accepted non-working days.

Experts from online accounting "My Business" have prepared answers to frequently asked questions about the procedure for organizing work on days that are days off for the employee or public holidays.

What days are weekends and holidays?

The generally accepted day off is Sunday. With a five-day work week, the second day off must be established in the organization by collective agreement or internal labor regulations (usually Saturday). Both days off are provided, as a rule, in a row (Parts 1-2 of Article 111 of the Labor Code of the Russian Federation).

The employer has the right to establish days off on other days of the week if the employee has a special work and rest schedule (shift work, rotational work, short-time work). working hours etc.). Days off for a particular employee may be days that are general rule, operating in the organization, are workers (part 3 of article 111, paragraph 6 of part 2 of article 57, article 100 of the Labor Code of the Russian Federation). Involving an employee to work on his non-working days according to the schedule must also be registered as working on a day off.

Holidays are listed in Art. 112 of the Labor Code of the Russian Federation. These are public holidays, which are non-working days for all personnel (with the exception of homeworkers who independently organize their working hours). If a shift worker's shift falls on a holiday, this does not require separate registration, but such work must be paid at an increased rate (Article 153 of the Labor Code of the Russian Federation).

In what cases does an organization have the right to involve an employee to work on weekends (holidays)?

Firstly, this can be done in emergency circumstances, for example, to perform unforeseen work, prevent a disaster, industrial accident and eliminate their consequences, prevent industrial accidents.

Secondly, work on weekends (holidays) is permitted due to the nature of the organization’s activities when performing:

Works the suspension of which is impossible due to production and technical conditions (continuously operating organizations);

Public service works;

Urgent repair and loading and unloading operations.

Involvement in work on non-working days in these situations does not require the written consent of the employee (Parts 3, 6, Article 113 of the Labor Code of the Russian Federation).

Thirdly, you can organize work on a weekend or holiday to perform unforeseen work on which the normal activities of the organization or its divisions depend, but for this you need to obtain the written consent of the employee (Part 2 of Article 113 of the Labor Code of the Russian Federation).

If work on weekends or holidays is necessary for other reasons (not mentioned above), you should not only obtain the written consent of the employee, but also take into account the opinion of the trade union (if the employer has one) (Part 5 of Article 113 of the Labor Code of the Russian Federation). If the organization has not created a trade union body, the employer makes the decision to work on such days independently.

Special rules for engaging creative workers to work on weekends and holidays are established. Such work can be organized by him under the terms of a collective agreement, a local regulatory act, or an employment contract (Part 4 of Article 113 of the Labor Code of the Russian Federation).

Does the organization have the right to invite employees to work on weekends (holidays) on a regular basis?

The right to involve, but only in cases provided for by law. Work on rest days should not be systematic. It can occur from time to time (episodic) if it is necessary to perform unforeseen work. Therefore, regular employment on weekends (holidays) should be justified. For example, the need to perform work on such days may be caused by ongoing work over a long period of time. emergency or a large amount of work to eliminate its consequences.

If permanent job on weekends and holidays occurs continuously existing organizations, public service organizations and is not related to an urgent unforeseen situation, then most likely the organization needs to review its internal labor regulations and the schedule of working days and days off. The fact is that such employers have the opportunity to give employees days off on any day of the week (for example, switch to shift work).

Confirmation: Part 2 of Art. 113, part 3 art. 111 of the Labor Code of the Russian Federation.

The procedure for attracting workers of creative professions to regular work on weekends (holidays) (according to the List, approved by Decree of the Government of the Russian Federation No. 252 of April 28, 2007) participating in the creation and (or) execution works of art, as well as athletes and coaches, must be regulated by a labor (collective) agreement, agreement, or local regulation.

Confirmation: part 4 art. 113, part 5 art. 348.1 of the Labor Code of the Russian Federation.

Which employees does not the organization have the right to involve in work on weekends (holidays)?

Does not have the right to attract:

Pregnant women;

Workers under the age of 18.

Confirmation: part 1 art. 259, art. 268 of the Labor Code of the Russian Federation.

Exceptions: minors may work on weekends (holidays):

Workers of creative professions (according to the List, approved by Decree of the Government of the Russian Federation No. 252 of April 28, 2007) participating in the creation and (or) performance of artistic works;

Athletes.

The procedure for their involvement in such work is regulated by a labor (collective) agreement and local regulations.

Confirmation: art. 268, 351, part 3 art. 348.8 of the Labor Code of the Russian Federation.

Also, the following employees cannot be hired to work on weekends (holidays) if such work is prohibited for them due to health reasons:

Women with children under the age of three years;

Disabled people;

Workers caring for sick members of their families;

At the same time, the legislation does not establish a specific list of diseases that exempt people from work on weekends (holidays). This right of the employee is confirmed by a medical certificate.

Confirmation: Part 7 of Art. 113, part 2 art. 259, art. 264 of the Labor Code of the Russian Federation.

Which employees must the organization notify of the right to refuse to work on weekends (holidays)?

Must notify:

Disabled people;

Employees with disabled children;

Women with children under three years of age;

Mothers and fathers raising children under the age of five without a spouse;

Workers caring for sick family members;

Guardians (trustees) of minors.

At the same time, the employer must make sure that these employees are not prohibited from working on weekends (holidays) due to health reasons. If a citizen has an appropriate medical certificate, he cannot be involved in work on weekends and holidays even with his written consent.

Confirmation: Part 7 of Art. 113, part 2-3 art. 259, art. 264 of the Labor Code of the Russian Federation.

The employee can be notified of the right to refuse such work in free written form. The legislation does not provide for a specific method or unified form for this. It is convenient to include information about such a right in a notice of employment on a weekend or holiday.

What should an employer do to attract an employee to work on a day off (holiday)?

Must do the following:

Justify work on weekends (holidays) with the reason why involvement in such work is permitted by law (Parts 1-6 of Article 113 of the Labor Code of the Russian Federation);

Make sure that the employee does not belong to preferential categories those who are prohibited from working on weekends (holidays) (Part 1 of Article 259, Article 268 of the Labor Code of the Russian Federation);

Obtain the employee's written consent in situations where such consent is required. Please note that some categories of workers have the right to refuse to work on weekends and holidays, and should not be held responsible for their refusal (Part 7 of Article 113, Parts 2-3 of Article 259, Article 264 of the Labor Code of the Russian Federation) ;

In some cases, coordinate extracurricular work with the trade union (if there is one in the organization) (Part 5 of Article 113 of the Labor Code of the Russian Federation);

Issue a written order (for example, an order to hire someone to work on a day off (holiday)) (Part 8 of Article 113 of the Labor Code of the Russian Federation).

What documents serve as the basis for attracting an employee to work on weekends (holidays)?

The following documents serve as the basis:

1.Service memo the employee’s immediate supervisor, which provides justification for the need to work on weekends (holidays);

2. Notification on inviting an employee to work on weekends (holidays). Individual employees must be notified in such a notice that they have the right to refuse to work on a day off (holiday).

3. Written consent of the employee to be hired to work on a day off (holiday) (when necessary). An employee may express consent in one of the following ways:

In a statement addressed to the head of the organization;

In the form of a consent mark on the notice of engaging the employee to work on a weekend (holiday). For example, “I agree to be hired to work on a day off.”

4. Order or order of the employer about being hired to work on a day off (holiday) in free form.

If disabled people, women with children under three years of age, or workers listed in Part 3 of Art. 259, art. 264 of the Labor Code of the Russian Federation, then in addition to the above documents you will need medical report. It should not contain any contraindications for an employee to work on weekends (holidays) due to health reasons.

Confirmation: parts 2, 7, 8 art. 113 of the Labor Code of the Russian Federation.

In addition, in some cases it will be necessary trade union opinion, if it is in the organization (Part 5 of Article 113 of the Labor Code of the Russian Federation).

How to mark work on weekends (holidays) on the time sheet?

It must be noted in accordance with the Instructions for the use and completion of forms for recording working hours and settlements with personnel, approved. Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004

When using the timesheet form No. T-12, in the top line of columns 4 and (or) 6 opposite the name of the employee who is involved in work on a day off (holiday), you must indicate the letter code "РВ" or the numeric code "03", which means work on weekends and holidays. The bottom line of these columns indicates the duration of time worked on a weekend (holiday) day in hours.

If the organization uses report card form No. T-13, similar designations must be indicated in column 4 of the specified form for this employee.

Labor legislation guarantees working citizens the mandatory availability of days off. Depending on the regime, these may be generally accepted days of rest - Saturday and Sunday, or provided for by the work schedule.

Involving employees in the performance of official duties is prohibited by Art. 113 Labor Code of the Russian Federation.

However, unplanned circumstances may arise at the enterprise that require one or more employees to be called on a non-working day. In such a situation, the organization’s personnel are allowed to comply with necessary conditions:

the presence of the employee’s consent expressed in writing (signature on the notice of call to work or under the order);
mandatory provision at odd hours in the form of an additional day off or increased pay.

If work on an odd day is due to emergency circumstances, then the consent of the employees is not required. In addition, certain categories of workers can work in free time(weekends) on the basis of a collective agreement (this mainly concerns the creative intelligentsia) or an approved work schedule.

No circumstances can be a basis for involving minor employees and pregnant women to work on established days off.

The administration of the organization is obliged to properly record the fact that an employee is involved in work on an officially established day off. Procedure documentation goes in the following order:

The head of the department draws up a memo justifying the need for individual employees to work on days off. The document indicates the names of the employees and the length of the working day;
The personnel service issues a notice in which employees are notified of the need to perform official duties on a day off and of the provision of compensation in the form of increased pay or. Familiarization with this document of employees called to work is confirmed by their signatures;
Employees submit applications to the head of the enterprise about the compensation option they have chosen;
An order is drawn up for the organization about specific employees going to work on a day off, which prescribes increased pay or the provision of an additional day of rest. All interested parties must familiarize themselves with the management's order and sign.

How are you compensated for working on a day off?

The procedure for compensating an employee for performing official duties on a non-working day is stipulated in Article 153 of the Labor Code of the Russian Federation.

According to this article, the employer undertakes to compensate the employee for unplanned time off work in one of two ways:

make increased payment for days worked;
reschedule the day off to a time convenient for the employee.

The employer does not have the right to require the employee to choose the type of compensation - the employee independently determines how exactly he will be compensated for going to work.

Payment procedure

According to existing legislation, the administration is obliged to pay the employee a day off, at least double the size. It does not matter how many hours it took to go to work - just an hour or a full working day.

Local regulations The enterprise may establish a different amount of monetary compensation for work on a day off, but it must necessarily exceed the double tariff. Increased compensation payments for performing official duties on an odd day can be prescribed in a collective or employment contract.

If during the month in which the employee worked on a day off, he had periods of illness or sickness, then the monthly standard of working time should be adjusted downward. In this case, double payment will be charged in full.

Transferring a day off to another time

If an employee chooses to take a legal day off on another day, then his desire must be confirmed. The specific day of rest can be determined in agreement with the company management.

When receiving time off for working on a weekend, the employee deliberately refuses double payment. Recruitment to work will be paid as a standard working day, and no payment will be accrued for the postponed day.

An employee can use his right to time off at a time convenient for himself by writing a corresponding application to the head of the enterprise. The law does not directly provide for the employer’s obligation to provide time off at the employee’s first request, so it is advisable to coordinate days of additional rest with management.

If an employee works in an enterprise on a basis whose duration is two months, then he will not be able to take advantage of compensation in the form of time off. For this category of workers, only additional payment is provided.

Upon dismissal for any reason, monetary compensation for unused time off during work is not paid.

Which is more profitable: double pay or time off?

The economic benefits for employees working on their day off and for the enterprise administration vary greatly.

For employee

If we consider compensation options from the employee’s point of view, then in most cases, receiving additional payment above the established monthly salary is more preferable.

This conclusion does not apply to situations where, for personal reasons, it is more beneficial for an employee additional days rest.

If several days off are accumulated, the employee will have the opportunity to use these days to solve his own problems, and those days off when he was called to work due to production needs will be paid as usual.

For the employer

For the employer, the situation looks different. To save the administration's wage fund, it is more profitable to postpone the day off to another time, since time off is not subject to payment.

If an employee used time off in the same month when he worked on an odd day, then the total amount of earnings for the month will not change. In a situation where time off will be granted in the next month, the amount should be reduced by the “cost” of additional days off.

Forced to work on weekends - is this possible?

If going to work on a day off is not due to emergency circumstances or professional characteristics of the employee, then the employer does not have the right to force him to perform official duties on rest days. An employee can meet the administration halfway if an issue arises solely of his own free will, which is recorded in writing.

If an employer abuses his rights and forces an employee to work at odd hours by order, then he directly violates Article 113 of the Labor Code of the Russian Federation. An employee has the right not to go to work on a day off, but he cannot be visited.

Providing time off for a worked day off is permitted solely at the will of the employee. The employer does not have the right to forcefully establish such a compensation procedure, just as he does not have the right to declare a specific day of rest by order.

In cases of violation of the rights of employees related to employment on weekends, employees can appeal the actions of the administration in labor inspection or the prosecutor's office.

If there is a trade union at the enterprise, then it is possible to resolve the conflict with the involvement of an elected body.

Quite often, managers are forced, due to certain circumstances, to involve employees in work on their legal rest days, including weekends and holidays. In order to avoid any future claims against the employer and to avoid various unpleasant stories involving ignoring access to workplace, you need to clearly document all the nuances of payment for work on a day off, making it legally correct. If this is not done, then in the future this may lead to conflict situations with company employees, which, in turn, will cause litigation.

When to celebrate is decided from above

The legislation provides for an officially approved schedule of holidays, which are non-working days in our country. The list of days off is approved annually. If an employee needs to work on one of the holidays or weekends during a five-day work week prescribed in the contract, then the employee has the right to receive extraordinary paid time off or pay for work at a double rate.

How is work on a day off paid? Let's explore the topic in more detail.

Recruitment to work on non-working days

In order for an employee to go to work on an official day off, it is necessary to obtain his written consent to perform this action in advance. A prerequisite is the written consent, and not just oral. This moment provided for in Article 113 of the Labor Code. Among other things, given consent will ensure the content of the order to attract the employee to work on a day off.

When is a positive response not required?

There are situations provided for by law when his consent is not required to involve an employee in work unscheduled. These types of circumstances include:

1. Preventing the occurrence of a disaster or eliminating the consequences of an accident that has already occurred.

2. Prevention of accidents at work.

3. The need to carry out urgent work, the need for which arose due to the declaration of martial law or a state of emergency in a certain area.

Obviously, these circumstances are few and far between and, fortunately, occur quite rarely. Therefore, in most cases, it will be necessary to obtain the voluntary consent of the employee to involve him in work on a legal day off or holiday.

Ways to notify about work activity

How is work on a day off paid? This depends on a number of circumstances.

The organization has the right to independently determine the form in which the employee will be notified of the need to work on a day off. The most common form is a proposal or notice. The notification document must specify the reasons for going to work, time and date, and compensation options. After reviewing the document, the employee endorses the document with his signature. If necessary, you can specify the chosen method of payment for work on a day off. If the choice falls on an additional day off, but the employee cannot specifically indicate the date, then in the future he will write another application.

Who has the right to refuse?

There are categories of citizens, including disabled people, minors, single mothers raising children with disabilities, which should be highlighted in a separate column, since, in addition to signing the agreement to pay for work on weekends and non-working holidays, they also confirm their awareness of the possibility of refusing to go to work at this time in principle.

Making an order

Having received the employee’s written consent to be hired to work on a day off, the employer can issue a corresponding order. General shape does not exist for him. Sometimes an employer may decide that it is not necessary to issue an order. This occurs due to the employer’s reluctance to keep double records of work on a day off or provide him with an additional day off. However, this practice is quite destructive and fraught with unpredictable consequences.

IN judicial practice the vast majority of such conflicts are resolved not in favor of the employer. As a rule, it is not difficult for an employee to prove the fact of working on a legal day off. Evidence base may include witness testimony, documents, oral instructions from the employer, etc.

Resolving such conflicts in court in favor of the employee is fraught with certain consequences for the employer in the form of large fines. To avoid such consequences, you should formalize everything necessary documents timely and correct.

Cash compensation

The Law on Working on Weekends stipulates that if the employee is off during this time, compensation must be guaranteed, since such circumstances violate his rights to legal rest as prescribed in the Constitution. Compensation, as mentioned above, can be either monetary (double the amount) or in the form of paid time off.

How is work on a day off paid? We'll talk about this further. Legislation will serve as our basis.

Article 153 of the Labor Code of the Russian Federation suggests that for going to the workplace on a day off you should be rewarded twice as much. Thus:

1. Piece-rate employees receive double pay for the time worked.

2. Hourly employees receive double pay for working on a weekend or holiday.

If an employee works for a fixed monthly salary, then two payment methods are possible in accordance with Article 153 of the Labor Code of the Russian Federation:

1. If the standard hours are current month is not exceeded, then compensation is calculated based on one daily fixed rate, which is paid in excess of the established salary.

2. If the monthly norm is exceeded, the amount of compensation will not be lower than double the fixed rate.

A statement will not be superfluous

If an employee expresses a desire to take time off as compensation, but cannot specify the exact date, then he will need to write a statement. It is believed that additional statements are not needed to receive compensation, but they will not be superfluous and will help to avoid misunderstandings with the employer. More often than not, monetary compensation turns out to be more profitable than additional time off. It is important, however, that the amount of compensation is calculated correctly, especially if we are talking about hourly wages. Question about working on weekends shift schedule is also topical.

The easiest way to calculate compensation is for those employees who did not go on sick leave or go on business trips during the month of work. In this case, the working standard is not exceeded; accordingly, the employee will definitely have the right to receive monetary reward for going out on a day off. Many people are interested in information about working on a day off on a business trip.

Time off compensation

How is work on a day off paid, other than monetary remuneration?

Not all employees who are given the opportunity to choose between compensation and extraordinary time off choose the former. There are also those who would prefer an additional day of rest at any time convenient for them.

As mentioned above, an employee has the right to indicate a convenient date for time off already at the stage of reviewing and signing consent to be hired to work on a weekend or holiday. In this case, when filling out the order, the employer will include a clause stating that the compensation will be additional free time on a certain date. If the employee is not ready to name a specific number of days off, then before the required day he will write a corresponding application for a day off as compensation. The application must be signed by the employer.

Article 153 of the Labor Code states that no matter how many hours an employee works on a weekend or holiday, he is still entitled to a full day of leave. Rostrud also adheres to this policy. The employee must be familiarized with the order to provide an additional day off by signature.

Despite the fact that the employee will be absent from work on an additional day off, this day is paid in accordance with the Labor Code. This additional day is compensation for when the employee worked outside of work hours. If this rule were different and the pay was not maintained, it could not be considered compensation, since it would be considered leave at one's own expense.

It is especially important how the employer marks the day of absence of the employee in the time sheet. The corresponding note is made in a special program or report card. Otherwise, an incorrectly documented absence of an employee may cause unpleasant consequences for the employer.

When to take time off?

You can take time off either in the current month, when you went out on a free day, or at any other time. The law does not provide strict restrictions in this regard. Let's give an example: an employee worked one working Saturday in August, but in the same month he did not go on vacation. In this case, his earnings will be equal to his full salary plus one day of compensation. If an employee expresses a desire to take time off in September, then in both August and September he will have his full salary without any deductions.

All of the above calculations are made based on actual time worked. If the standard has not been worked out, then the calculation is made according to the Labor Code, taking into account each specific case.

Time off or compensation?

In practice, it turns out that employers have many problems with providing an additional day off and paying the employee for the month. For many companies, it is easier to maintain solidarity with Rostrud and pay a single rate per working day plus additional time off with preservation wages. In some cases, the employer pays for a day off at double the rate.

Such a policy will help the organization avoid disputes with employees and their filing lawsuits. The most problems with compensation payments arise with employees from budget support. For unknown reasons, such organizations prefer to give time off rather than pay for work on a day off at double the rate. Most often, compensatory time off is added to annual leave or given to the employee upon request.

Sometimes collective agreement prescribes certain order provision of compensation, and the employee has no right to demand any other option. If such rules are not provided, then the choice remains with the employee. The situation in the economy now is such that, if possible, employees prefer to take double pay for going to work on a free day.

It is important to clearly understand your rights and responsibilities and ensure that the registration and regulation are correct. labor activity. Only if you comply with all legal rules and regulations can you claim compensation for working on a day off.

Summarizing all of the above, we can conclude that the employer has the right to invite an employee to work on a day off only with his written consent or exceptional cases described in the law. That is, the employee has the right to refuse to comply with this condition. This is especially true for the categories of citizens listed above who have preferential terms labor. The choice of compensation is also the prerogative of the employee, unless otherwise provided by the terms of the contract with the employer.