How long can you work on weekends? "weekend" weekdays

Work on a weekend or a non-working holiday is paid at least double the rate: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time. Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract. At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment. Pay on weekends and non-working days holidays creative media workers mass media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, local normative act, employment contract.

Legal advice under Art. 153 Labor Code of the Russian Federation

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    Alexander Sidorkin

    Subject of my question: Taxes and accounting (HR Department, tax deduction, reporting) Tomorrow at 10:00 - 11:00

    Alla Mikhailova

    Hello. in our organization, employees have salaries, a bonus of 70% and additional payments (class, intensity...) for work in new year holidays Should the payment be calculated in the same amount as the hourly salary, taking into account additional payments and bonuses, and plus a single salary? Or just double salary?

    • Question answered over the phone

    Lyudmila Novikova

    I work a shift, am I entitled to double pay on New Year's weekend?

    • Question answered over the phone

    Anna Alekseeva

    I am a civil servant...do they have the right to hire me to work on weekends and holidays without my written consent..thank you.

    • Question answered over the phone

    Vera Timofeeva

    Worked 4 hours on weekends. How time off is provided, 4 hours or 8 hours. Write the article number in the labor code.

    • Lawyer's answer:

      According to Art. 153 of the Labor Code of the Russian Federation, at the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment. The above article does not establish that the duration of additional rest must correspond to the duration of work on a day off. Therefore, even if an employee worked only 1-3 hours on a day off, he should be given a full day of rest.

    Petra Pavlova

    quote Article 153 of the Labor Code...Please...

    • Lawyer's answer:
      • Lawyer's answer:

        You are somewhat lost in the text of the article. 154 Housing Code of the Russian Federation, although these texts are also quite clumsy... Payment for the USE of residential premises is provided only for the tenant of the premises. premises. And he lived for the owner. premises, a fee is provided for the maintenance and repair of residential premises, INCLUDING fees for services and work on managing the apartment building, maintenance and current repairs of common property in the apartment building. This word “INCLUDING” is not very good, because... the contents of the vein itself. premises owned by the owner occupant are actually NOT included. This follows from the text of paragraph 29 of the “Rules for the maintenance of common property in apartment buildings...” (approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491), which clearly states that “COSTS FOR MAINTENANCE AND REPAIR OF RESIDENTIAL PREMISES are determined in the AMOUNT ENSURING THE CONTENT OF COMMON PROPERTY..." And nothing more... Therefore, the maintenance and repair of EVERYTHING in the apartment (except risers) are the expenses of the owner only. But if your payment documents (in addition to the maintenance and repair of common property) also include (in a separate line and ADDITIONALLY) “payment for residential premises,” then this is a clear violation of the legislation of the Russian Federation. You have a direct route to the State Housing Inspectorate (or maybe to the prosecutor’s office, and even to the court) Good luck.

If a person decides to go to work on an official day off, he retains the right to take time off for any day.

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But how is payment made in such a situation? Does additional rest affect the number of days worked and, therefore, salary? Information is in our article.

Regulatory documentation

Labor Code:

  • Article 113 “Work on weekends and holidays is prohibited. List of cases that are exceptions";
  • Art. 153 “Features of payment for work on weekends and holidays”;
  • Art. 91 " Working hours: concept and optimal duration."

What does the law say?

Work on weekends and holidays is prohibited (document No. 1 of the previous section) except in situations provided for by law.

Involve employees in labor activity possible only with their written consent.

The payment procedure is regulated by document Article 153.

Employees who have given their written consent are required to come to work under the conditions in question. They are given a notification in advance with a corresponding request, and there is also information that a refusal is possible.

The signature will indicate consent.

During the period under review, management has the right to call employees without fail if:

  • labor activity is carried out according to plan - relevant for enterprises with continuous production;
  • such a condition is provided for in employment contract– usually concerns professional athletes, creative employees;
  • the occurrence of emergencies or accidents - a visit is required to prevent or neutralize negative processes.

The legislation of the Russian Federation does not regulate the direct dependence of the duration of rest on the duration of work.

In addition to a single salary, the employee must receive compensation in the form of one day off for the whole day.

According to the legislation of the Russian Federation, it is prohibited to engage in overtime work:

  • pregnant women;
  • persons under 18 years of age;
  • students while studying in educational institutions.

Double pay or extra time off?

For holidays and weekends spent at work, the employee is entitled to compensation in the form of:

  • full day off;
  • double wages.

Which is better depends on individual preferences:

  • For an employee, if he really needs money, it is better to take cash compensation. If you need a day off, for example, to solve important problems, then the second option is suitable.
  • It is more profitable for the organization to give time off, which is often prescribed in local regulations.

In fact, a person can choose the compensation option himself, and the employer who decides for him violates the law.

In such a situation, you should contact the labor inspectorate.

Example 1:

Kulikova N.V. works at the Oasis enterprise on a five-day work week, salary - 32,000 rubles. per month. In December 2019, with this regime, 22 working days are obtained. The employee performed her duties on Saturday and chose time off on December 31, 2015 as compensation. Determine the amount of payment per day worked.

Solution:

  1. The average salary will be: 32,000: 22 = 1,455 rubles.
  2. Since N.V. Kulikova took a day off, pay for a day off is equal to one daily rate, that is, 1,455 rubles.

Consequently, at the end of December the employee will receive 33,455 rubles, taking into account compensation for “day off” work.

Example 2:

Solovyova P.F. - an employee of the Service Plus company - was called to work on Sunday (12/06/15) due to an emergency, where he worked for 5 hours. The salary is 40,000 rubles. The standard working time (NW) for December is 183 hours and has been fully worked out. Determine the compensation paid.

Solution:

Since the labor force has been fully worked out, the labor is paid at a double rate and will be: (40,000 rubles)/(183 hours) x 5 hours x 2 = 2186 rubles.

Salary P.F. Solovyov for December is equal to: 40000+2186=42186 rubles.

A more precise amount of monetary compensation can be established in local documents. The organization has the right to pay triple the amount for weekdays.

What should an HR professional consider?

According to the position of Rosstat, if an employee has chosen an additional day off, work should be paid in the amount of the 1st rate (daily).

At the same time, the number of days worked, determined when calculating wages (W), is unacceptable.

In practice, not everyone correctly interprets the content of Article 153 of the Labor Code: “Those who worked on a weekend or holiday can take additional rest. In such a situation, work is paid in a single amount, and time off is not paid.”

Many understand that Rosstat’s explanations are contrary to the law.

In fact, the norm of the Labor Code says that additional days off should be paid separately, that is, the time off is taken into account in the calculation as a working day.

A person who works part-time is paid for the time actually worked (single rate).

When attracting personnel to overtime work at the initiative of the employer, increased pay or additional rest is provided for increased energy costs.

Work on weekends or holidays does not count as overtime, therefore it will not be taken into account in the amount of time actually worked (no more than 40 hours per week).

Features of granting time off

Many HR specialists are interested in the question: does the length of the rest day depend on the number of hours worked?

According to Rostrud, an employee should rest a full day, even if he spent 1-2 hours at work. The number of working days is calculated according to the same principle as if there were no additional rest days.

An employee has the right to take time off in any month, but he must write a statement with a corresponding request.

Design example:


Example of an application for time off

The employee must present the document in the same month in which the day off was taken; the date of additional rest can be indicated when signing the notice (consent).

When the HR department receives information, specialists issue a separate order.

Example of an order:


Sample order for working on days off

Commented by Elena Kopteva, Head of Payroll Department at Acsour.

General provisions

The basic principles of remuneration on weekends and established holidays are set out in Article 153 of the Labor Code of the Russian Federation. The legislation provides for two payment options: double or single payment with provision of extra day rest. The right to choose is granted to the employee independently and cannot be established unilaterally by the Employer. The amount of payment for work on a holiday depends on the remuneration system for each employee: piece workers are paid at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate.

Employees receiving a salary (official salary) are paid for work on a holiday depending on how the time worked on a holiday compares with the established standard working time in current month: work on a holiday was carried out within the norm, or in excess of the monthly norm of working time.

Based on the norms of Article 153 of the Labor Code, the minimum amount of payment on holidays follows, but the employer has the right to establish a different, increased amount of payment in internal regulations.

The main difficulties for the Employer lie in the correct determination of the hourly wage rate and taking into account the standard working time for the correct calculation of payment on a holiday.

It is worth emphasizing that the Labor Code clearly defines the concept of the minimum wage, but does not spell out the procedure for calculating the hourly wage rate. The hourly rate is not regulated by law, but is determined at the initiative of the company.

The employer has the right to choose one of the following options for calculating this rate:

Dividing the salary by the standard working time according to the production calendar;

Dividing the salary by the standard working hours according to the employee’s current schedule;

Dividing the annual salary by the annual standard hours according to the production calendar;

I would like to note that the procedure for calculating the hourly rate must be fixed in the internal regulations of the company, however, unfortunately, not every organization pays attention to this.

Let's consider examples of payment on a holiday within the established norm of working hours and above the norm.

Example 1: Payment for work on non-working holidays when paid at an hourly rate in excess of the established working hours. Another day of rest was not provided.

Ivanov I.I. works on a five-day schedule working week with an 8 hour working day. Salary 20,000 rubles. March 2017 was worked in full - 22 working days (175 hours). On March 8, the employee was called to work for 5 hours. Because total quantity hours worked is 180 hours, which is higher than the established norm production calendar, then payment must be made at double the hourly rate. The hourly rate is calculated based on the standard working time according to the production calendar for the current month. The employer may establish a different procedure for calculating the hourly rate.

Wages for March will be: 21,142.85 rubles

Monthly salary: 20,000 / 22 working days * 22 = 20,000 rubles

Example 2: Payment for work on non-working holidays when paid at an hourly rate, within the established working hours. Another day of rest was not provided.

Ivanov I.I. Works on a five-day workweek with an 8-hour workday. Salary 20,000 rubles. In March 2017, I worked 21 days, 1 day was taken at my own expense without payment. On March 8, the employee was called to work for 5 hours. Since the total amount of time worked is 173 hours, which is within the established norm of the production calendar, payment should be made at a single hourly rate (Part 4 of Article 153 of the Labor Code of the Russian Federation).

Salary for March will be: 19,662.32 rubles

Monthly salary: 20,000 / 22 working days * 21 = 19,090.90 rubles

At the same time, the standard working time can only be reduced by unjustified absences (leave at one’s own expense, downtime due to the fault of the employee). If the employee from example 2 spent 1 day in a period of incapacity for work, and not on vacation at his own expense, then payment for a non-working holiday must be made in double amount.

Justification for working on holidays and potential risks

According to Article 113 of the Labor Code of the Russian Federation, for employees to go to work on holidays and weekends, a clear justification is required, which is described by the Code. The list of reasons permitted by law, for example, includes: prevention of a disaster, industrial accident or elimination of the consequences of a disaster, industrial accident or natural disaster. If going to work on a holiday is not related to any of the legal justifications, then the employer will require the employee’s written consent. In addition, it is required to inform the employee in advance about his forced leave on a non-working day and issue an appropriate order.

Separately, we should consider the case when wages on holidays and weekends are formed by the employer in excess of the norms of the Labor Code. In this case, the company will certainly face the risk of reasonableness of expenses when calculating income taxes. There is an opposite legislative practice on the issue of including payment expenses on holidays in amounts higher than those established by the Labor Code. The Federal Tax Service allows such practices, while the Ministry of Finance of the Russian Federation takes a different point of view and does not encourage such initiatives.

If a company decides to increase wages beyond the norms of the Labor Code, then a clear justification for these costs is required, not to mention correct design this initiative in accordance with Article 252 of the Labor Code and the employer’s willingness to defend its position before government agencies.

Failure to comply with these standards may result in the risk of detecting violations of both Labor and Tax inspectors. Tax authorities They will definitely pay attention to the presence of an order and the justification of expenses clearly stated in the LNA.

A variety of payment options on holidays and weekends

According to the previously mentioned Article 153 of the Labor Code of the Russian Federation, an alternative to double pay for workers on holidays and weekends is one additional day of rest.

If we interpret this provision literally, we may come across the phrase that “an additional day of rest is not subject to payment,” but in reality everything is different, as described in detail in the Recommendations of Rostrud on payment for work on a holiday (approved by Minutes dated June 2, 2014 No. 1 ). Unfortunately, many companies interpret this provision literally and refuse their employees to receive a full salary based on the results of the month worked, in which an additional day of rest was provided.

The employer must remember: if an employee insists on providing one day of rest instead of double pay, his salary cannot be reduced for that day. In this case, it is necessary to clearly understand whether a day off is included in the normal working hours or not (Article 91), and pay attention to ensuring that this day does not reduce the standard. Wages (salary) in the month when a day of rest is used is not reduced. It does not matter whether the employee takes a day of rest in the current month or in subsequent ones.

Example 3: Payment for work on non-working holidays when paid at an hourly rate. At the request of the employee, another day of rest was granted.

Ivanov I.I. Works on a five-day workweek with an 8-hour workday. Salary 20,000 rubles. In March 2017, 21 days were worked, the norm was 22 days), and on March 17 an additional day of rest was taken. On March 8, the employee was assigned to work for 8 hours.

Salary for March will be: 20,914.29 rubles.

    Payment for work on March 8 is made in a single amount: 20,000 / 175 hours * 8 hours = 914.29 rubles.

    Monthly salary (does not reduce the norm): 20,000 / 21 working days * 21 = 20,000 rubles

In addition, it is worth keeping in mind that if your company enters into a contract with an employee for less than two months, payment for work on weekends and holidays is only possible at double the rate.

The most common mistakes employers make and ways to overcome them

Most often, employers violate legislative norms, incorrectly registering work on a non-working holiday with employees. In addition, despite the unequivocal position of the Labor Code, companies do not always inform employees in advance about their return to work on a holiday or obtain consent to carry out work. To minimize the risk of non-compliance with the law, the employer must take into account all holidays in advance and consider the distribution of the working hours of its employees as early as possible.

Of course, the ideal option would be to discuss with the employee early the possibility of working on holidays and weekends and options for payment.

In addition to the main errors and difficulties mentioned above, the employer may encounter technical difficulties. For example, in some programs software There is no standard option to pay the full salary if an employee chooses an additional day of rest. The solution in this situation would be to pay double for work on a holiday, but not to pay for a day of rest.

Establishing in internal regulations an increased amount of wages on holidays will avoid the risk of incorrect calculation of wages on holidays below the norm of the Labor Code. According to the law, the amount of the fine for non-compliance labor standards can amount to at least 50 thousand rubles for each employee. At the same time, the Labor Commission has the right to independently decide whether to levy a fine for each employee individually or in general for one case of violation of the norms of the Labor Code of the Russian Federation.

Moreover, if Labor Commission If incorrect payment for work performed during weekends and holidays was discovered, then the employer will need to not only make all the necessary payments, but also pay compensation for delayed wages.

Payment for work on a day off - Labor Code regulates this issue in Art. 153 Labor Code of the Russian Federation. Work on these days is prohibited by law and is possible only in exceptional situations. The special payment procedure is additional guarantee workers' rights to rest.

In what situations is it possible to work on weekends and non-working holidays?

Art. 113 of the Labor Code of the Russian Federation prohibits calling citizens to work on weekends and holidays. This is the framework that employers should build upon. The purpose of this legislative provision is proper rest for workers and care for the health of citizens. Exceptions are allowed if the following conditions are simultaneously met:

  • availability of employee consent;
  • taking into account the opinion of the trade union (if any);
  • the occurrence of urgent work, the implementation of which depends further activities companies.

In some situations, the law allows employees to be called to work on their days off without their consent. In particular, work on weekends aimed at preventing accidents is allowed. It is also possible to call employees to warn dangerous situations and loss of property. In a situation of emergency or martial law, a threat to the entire population of Russia or part of it, the employer can also attract employees on weekends without their consent. Exceptions to this rule include disabled people, pregnant women and employees with young children. The legislation gives them the right to refuse such work and sets an additional condition for being hired on weekends and holidays: a medical certificate does not prohibit the employee from being involved in work on these days.

When inviting employees to work on weekends, you need to understand How is a day off paid? Labor Code . This is necessary for fair calculation of salaries for employees called to work on weekends.

How is work on a day off paid according to the Labor Code of the Russian Federation?

Let's consider a question like payment for work on a holiday - Labor Code of the Russian Federation requires the employer to pay double (Article 153 of the Labor Code of the Russian Federation) or provide the employee with additional unpaid rest at another time. The employee can independently choose the appropriate compensation option.

Double pay on weekends— monetary compensation for lack of proper rest. Features of the calculation depend on the system adopted in the organization and the amount of time worked . Payment on holidays according to the Labor Code(Part 1 of Article 153) is carried out as follows:

  • with a piece-rate system, an employee can qualify for payments at double rates;
  • in organizations where salaries are calculated according to tariff rates, payment on weekends according to the Labor Code produced at double tariffs;
  • employees who receive a monthly salary and have worked weekend hours within the normal range for the month can count on a single rate per day or hour as a supplement to their salary;
  • those who performed their labor functions on weekends more than the norm for the month can count on a double rate on top of their salary.

Payment on days off is double in accordance with the internal regulations of the organization

The employer can set the rules independently. In doing so, he must be guided by Art. 8 of the Labor Code of the Russian Federation, which prohibits worsening the situation of employees by local acts legal entity compared to federal legislation. Pay for work on days off in such a situation, it can only be changed upward, for example, the employer has the right to set payment in triple the amount or more.

In what cases is an additional day of rest granted for working on weekends?

Additional rest is another option for compensation for the provisions provided for in Part 3 of Art. 153 Labor Code of the Russian Federation. The conditions for its provision are as follows:


As Rostrud notes in the letter “On granting time off to an employee...” dated October 31, 2008 No. 5917-T3, the duration of additional rest does not depend on the time that the employee actually worked on his day off. For example, an employee worked on January 2 for 3 hours. In this case, he has the right to a full day off. An employee can apply for time off in any month. The main thing is to write an application in advance requesting additional rest instead of double payment for work on weekends and holidays.

After receiving an application from an employee to replace double pay with an additional day of rest, a corresponding order is issued. It indicates the details of the parties, the grounds for granting time off and the date. The employer can also formalize the provision of time off in the form of a resolution on the application.

We arrange work on weekends and holidays

Download the order form

Part 8 art. 113 of the Labor Code of the Russian Federation requires that employees be required to work on weekends in writing. The decision is made by the employer based on the needs of the company and the characteristics of the labor process in the organization.

IN large organizations It is advisable for department heads to draw up a memo addressed to the manager, consisting of names and positions, indicating the reasons for attracting employees to additional work. Subsequently, based on the reports, the boss decides on the advisability of calling employees to work on a day off.

The employer's decision is formalized in the form of an order. The legislation does not provide for a unified form of the order, therefore it is drawn up in accordance with the rules and norms of personnel records management adopted by the company. But in any case, the document must indicate:

  • goals of work on weekends;
  • dates of additional labor;
  • ways to compensate for working on weekends.

Employees should be familiarized with the document in advance and signed.

Additional holiday pay according to the Labor Code 2015-2016 and strict rules for engaging in work on these days are important guarantees for employees, protecting them from abuse by management and providing them with adequate rest. It is important to remember that unless otherwise provided by local acts of the organization, double holiday pay simultaneously with time off not allowed.

The Constitution of the Russian Federation states the human right to work and rest. More specifically, the rules for their practical implementation are deciphered in the paragraphs of the Labor Code (LC). The law regulates the relationship between the employer and employees in certain situations. Thus, work on weekends according to the Labor Code is possible only with the consent of the parties to the contract.

How to apply for work on a holiday or official day off

Rest for workers is provided within the framework of paragraph 113 of the Labor Code. The text of the regulatory act contains a ban on involving the bulk of employees in the implementation of job responsibilities on such days:

  • free from work (Saturday and Sunday);
  • holidays (given in paragraph 112).
Attention: this rule applies to continuous cycle production and some exceptional situations.

However, in the process of work, issues often arise that cannot be resolved without the involvement of hired workers. They are also provided for in paragraphs of the Labor Code. Rules of engagement production activities On weekends the employees are quite strict.

They are:

  • It is possible to load a worker on his legal day of rest only with his consent:
    • provided in writing;
    • drawn up and signed personally;
  • recruitment must be formalized by an administrative document:
    • on the eve of the specified days off from work;
    • indicating the method of compensation:
      • additional payment;
      • time off;
  • The employee must be familiarized with the order in advance.

Important: it is prohibited to declare entry to workers for the following categories of citizens:

  • pregnant women;
  • minors (with the exception of some professions).
For information: payment on holidays according to the Labor Code is carried out in a separate administrative document. The accountant does not have the right to independently accrue additional funds to the worker. Download for viewing and printing:

Cash compensation

The legislation establishes general rule compensation for extracurricular work of employees. They should be paid double for their work. A more specific calculation method depends on the rate used at the enterprise:

  • salary;
  • hourly;
  • piecework.

Fundamentally, the methodology for determining a specific amount when using different rates has only one common point - the use of a double tariff:

  • in the salary system, the average hourly earnings are calculated and multiplied by two;
  • if hourly, the tariff rate doubles, and the final amount is proportional to the hours worked;
  • with piecework pricing, the rate for one item (product) also increases.

Attention: the final amount is formed in different ways:

  • in the salary system it does not depend on labor productivity and working time;
  • and when using the other two methods, it is closely related to the listed factors.

Do you need information on this issue? and our lawyers will contact you shortly.

Providing time off

An alternative option for compensating for extracurricular participation in production process- This is the provision of time off. This is written down in the third part of paragraph 153 of the Labor Code. Moreover, the text of the article contains the following rules:

  • work outside of school hours is paid as a regular day;
  • for work outside of normal hours, rest is provided equal to the time of employment (one to one);
  • time off is not financed by the employer (no earnings are accrued).

Rostrud issued a letter explaining the time off for workers. In particular, the document points out that the time of actual employment during the holiday period is unimportant. That is, an employee can perform his duties not for eight hours, but only for three. He still gets a day off.

Attention: the choice of the day of rest is up to the worker. He is obliged to perform the following actions:

  • notify management that you will not come to work in advance in writing;
  • familiarize yourself with the relevant order on granting time off.

Which compensation option to choose?

In practice, experienced administrators try to organize work so as not to have problems with inspection bodies. At privately owned enterprises, double payment is issued. But in the public sector this is rarely practiced. Employees working on holidays are given days off or an additional day for their next vacation.

Attention: the conditions for compensation for extracurricular participation in work activities are prescribed in local act - collective agreement. If such a clause is introduced, it is advisable not to deviate from its text.

The law recognizes both forms of compensation as equivalent (there are exceptions). Therefore, the employee is given the right to choose any one at his own discretion.

We arrange work on weekends and holidays

Documentary evidence of the employee’s consent should not raise doubts among regulatory authorities. Registration of work on a holiday begins with receiving a person’s application.

Consent must go through all the stages of a regular personnel application:

  • receive a resolution from the boss: “To the order”;
  • go to the personnel department to prepare a draft administrative document;
  • return to the manager for signature;
  • register in the appropriate journal;
  • copies of the document are sent to:
    • to accounting;
    • into the employee's personal file.
Important: the first copy of the order must contain the employee’s signature with a transcript and the date of review.

In addition to the usual, the administrative document contains the following data:

  • the reason for attracting the employee to work after hours;
  • list of specialists in the format:
    • job title;
  • date of entry into service;
  • compensation conditions:
    • double payment;
    • or providing time off at a convenient time;
  • base:
    • consent of the worker;
    • collective agreement (if there is a corresponding clause);
    • permission of the trade union organization;
    • warning about the possibility of refusal (for some categories).




Procedure for calculating wages

The accountant is obliged to strictly adhere to the instructions of the manager. This means that he calculates the payment based on the order:

  1. If compensation is paid on time off, then the calculation method for a regular working day is used.
  2. If double payment is indicated, then it is necessary to proceed from the tariff method used for this employee.
Hint: all transactions must be reflected in the person’s personal account.

Standard operating mode

If employee earnings are calculated based on a rate, then the following actions must be performed:

  • determine the average hourly wage based on the data of the current month;
  • calculate the weekend salary using:
    • double the rate;
    • a set number of hours of participation in the production process.

Example

The storekeeper is involved in servicing factory workers on their days off. To calculate the payment amount, the following data should be taken into account:

  • salary 18,000.0 rub.;
  • number of working days in a month - 20.

The calculation is:

  1. We determine the average earnings per hour:
    • 18,000.0 rub. / 20 days / 8 hours = 112.5 rub.
  2. Credits for Saturday service:
    • 112.5 rub. x 2×8 hours = 1,800.0 rub.
Hint: on the initiative of the head (owner) of the company, the rate can be increased. The algorithm is given for the minimum tariff.

Shift work schedule

Calculation difficulties for shift workers lie in the fact that they are employed in ordinary days unequal number of hours. This fact should be taken into account when determining the amount of compensation.

The accountant should perform the following operations:

  • determine the number of hours of employment per month of work outside of school hours;
  • calculate the average hourly rate;
  • apply it for the period of after-hours employment, doubling it.

Example

A packer working 12-hour shifts (every two days) had to be brought in to replace a sick colleague. When determining compensation, the following data was used:

  • salary - 15,000.0 rub.;
  • the number of hours of work in the current month is 192.

Calculation order:

  • hourly rate:
    • RUB 15,000.0 / 192 hours = 78,125 rubles;
  • double rate:
    • RUR 78,125 x 2 = 156.25 rubles;
  • Earned for extracurricular shifts:
    • 156.25 rub. x 12 hours = 1,875.0 rub.;
  • monthly earnings:
    • 15000.0 rub. + 1,875.0 rub. = 16,875.0 rub.
For information: at an hourly rate, a simple doubling of the tariff is applied.

The nuances of payment on a business trip


When arranging a worker’s business trip, the following features should be taken into account as set out in government decree No. 749:

  1. The administrative document must indicate that the employee is subject to the work regime of the receiving party.
  2. Travel allowances are calculated from the date of departure. If the travel time falls on the weekend, then a double rate is applied or time off is provided.
Hint: employment at a business trip enterprise must be paid in accordance with the execution of paragraph 153 of the Labor Code. This means that the business traveler should be required to submit statements required by law (on consent to work on weekends). Download for viewing and printing:

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Who should not be hired to work on holidays/weekends?

The Labor Code contains a list of persons who are prohibited from being involved in performing duties outside of school hours. These include:

  • pregnant women;
  • minors.

Such a prohibition means that these employees cannot be involved even if their consent is obtained. Consequently, they will have to be replaced by colleagues.

In addition, the legislation provides a list of persons for whom a slightly different procedure is applied. These include:

All of the above-mentioned persons must be warned about the possibility of refusing to work on days off (paragraphs 153 and 259 of the Labor Code). This is done in writing:

  • It is necessary to prepare a notification form indicating:
    • Full name and position of the employee;
    • the opportunity to refuse to go to work outside of school hours with reference to articles of legislation;
  • familiarize the employee with the document and sign it.
Attention: signed documents must be attached to the order.

The legislation specifies situations in which employees cannot refuse employment during off-hour periods (3rd part of paragraph 113 of the Labor Code). They are:



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