Work on weekends according to the labor code of the Russian Federation. If the vacation fell on a weekend or holiday, how to calculate vacation pay

New edition Art. 112 Labor Code of the Russian Federation

Non-working public holidays in Russian Federation are:

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

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

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

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

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

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

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

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

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

During the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and no less than 30 minutes, which work time does not turn on.

The time of the break and its specific duration are established by the internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to the conditions of production (work), it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 109. Special breaks for heating and rest

For certain types of work, employees are provided with special breaks during working hours due to the technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees in necessary cases special breaks for heating and rest are provided, which are included in working hours. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of the weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Holidays

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 112. Non-working holidays

Non-working holidays in the Russian Federation are:

(part one as amended by Federal Law No. 201-FZ of December 29, 2004)

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

(as amended by Federal Law No. 35-FZ of April 23, 2012)

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

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 35-FZ of 23.04.2012)

Article 113. Prohibition of work on weekends and public holidays. Exceptional cases of involving employees to work on weekends and non-working holidays

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Work on weekends and non-working holidays is prohibited, with the exception of cases provided for by this Code.

Engaging employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work in advance, on the urgent implementation of which depends in the future normal work organization as a whole or its separate structural subdivisions, an individual entrepreneur.

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;

3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering life or normal living conditions the entire population or part of it.

Engagement of creative workers of funds to work on weekends and non-working holidays mass media, cinematography organizations, television and video crews, theaters, theater 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 employees approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, is allowed in the manner established by the collective agreement, local normative act, labor contract.

(as amended by Federal Law No. 13-FZ of February 28, 2008)

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of three years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.

Engagement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

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 provide each employee with the opportunity to use annually, in addition to days off, 12 non-working holidays, part 2 of the commented article provides for the rule to transfer the day off coinciding with the 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. In 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 that use different modes of work and rest, 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.

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. Additional Warranty It is also provided for employees receiving 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, for employees receiving a salary (official salary), wages in a calendar month are retained in full, regardless of the number of non-working holidays in this 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 recreation.

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).

All employees must be provided with weekly uninterrupted rest. It's about about weekends. Depending on the mode of working time, there are two days off (if a five-day working week) or one (if a six-day working week) (part 1 of article 111 of the Labor Code of the Russian Federation).

The general day off is Sunday. And the second day off with a five-day working week is established by a collective agreement or internal labor regulations. As a rule, both days off are provided in a row. Usually the second day off is Saturday (part 2 of article 111 of the Labor Code of the Russian Federation).

Also, the Labor Code of the Russian Federation highlights the concept of "non-working holidays". These include (Article 112 of the Labor Code of the Russian Federation):

• January 1, 2, 3, 4, 5, 6 and 8 - 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.

AT general case work on weekends and non-working holidays is prohibited (part 1 of article 113 of the Labor Code of the Russian Federation). However, exceptions are possible. We will remind you about them, as well as about the procedure for paying for work on weekends and holidays in our consultation.

When can I get hired on weekends and holidays?

By general rule in case of performing unforeseen work, on the urgent performance of which the normal work of the organization or its structural subdivisions depends, as well as in other cases, taking into account the opinion of the elected body of the primary trade union organization, the employee may be involved in work on a weekend or holiday. But this will require the written consent of the employee (part 2 of article 113 of the Labor Code of the Russian Federation).

You can do without the consent of the employee to work on holidays or weekends if the employee is involved in work to prevent a catastrophe, industrial accident, natural disaster or their consequences and in other similar force majeure circumstances (part 3 of article 113 of the Labor Code of the Russian Federation).

We remind you that it is possible to involve disabled people, women with children under the age of 3 years to work on weekends and non-working holidays, only if this is not prohibited to them for health reasons in accordance with a medical report. In addition, such persons will need to be familiarized against signature with their right to refuse to work on weekends or holidays (part 7 of article 113 of the Labor Code of the Russian Federation).

If there are circumstances that allow the employer to involve employees in work on weekends or holidays, the employer must issue an appropriate one.

Payment for work on a day off: Labor Code

For "holiday" work or work on weekends, payment under the Labor Code of the Russian Federation provides for the use of at least double tariffs. The foregoing means that such work is paid (part 1 of article 153 of the Labor Code of the Russian Federation):

• pieceworkers - at least at double piecework 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 - in the amount of at least a single daily or hourly rate (part of the salary for a day or hour of work) in excess of the salary, if work on a weekend or holiday was carried out within monthly rate working hours, and in the amount of at least double the daily or hourly rate (part of the salary for the day or hour of work) in excess of the salary, if the work was done in excess of the monthly norm of working time.

Let's show this with an example. The employee's salary is 50,000 rubles. The number of working days in a month is 23. In fact, the employee worked 21 working days, and also 1 day was involved in work on a day off. At the same time, the employee was not provided with another day of rest for working on a day off.

The salary of an employee for a month (taking into account work on a day off, which "fits" into the norm of working hours) is 47,826.09 rubles. (50,000 / 23 * (21 + 1)). Surcharge for work on a day off will be 2,173.91 rubles. (50,000 / 23 * 1). The total monthly salary will be 50,000 rubles (47,826.09 + 2,173.91).

Please note that specific amounts of wages on weekends or holidays may be more than those indicated above. The applicable procedure must be established by a collective agreement or a local regulatory act of the employer (part 2 of article 153 of the Labor Code of the Russian Federation).

If the weekend or holiday is not fully worked out

The increased payment is made to the employee for hours actually worked on a weekend or holiday. Therefore, if an employee did not work on a weekend or a holiday for a whole day or a shift, then the increased payment will also be made not for the whole day, but in proportion to the time actually worked (part 3 of article 153 of the Labor Code of the Russian Federation).

Instead of double payment - day off

If an employee who worked on a day off or a holiday wishes, he may be given another day of rest instead of a working day off (holiday). In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not paid (part 4 of article 153 of the Labor Code of the Russian Federation).

Work on weekends or holidays with a shift schedule

When an employee works on a shift schedule and his shift coincides with a day off, such a day is paid as a regular working day, that is, in a single amount.

But if it turned out to be a holiday, payment should also be made in an increased (at least double size). At the same time, when work on a holiday was carried out within the limits of the employee's working time for the corresponding period, it is impossible to replace this day with the consent of the employee with a single payment and a day of rest (Recommendations of the Federal Service for Labor and Employment of 06/02/2014).

And if work on holidays was done at night? We talked about the features of paying for night hours on holidays.

Constitutional Court on payment for work on a day off

When an employer pays an employee for work on a day off or a holiday and the employee was not provided with another day of rest for such work, payment for a working day off should be calculated not only on the basis of the salary, but also taking into account compensation and incentive payments, regional coefficients, percentage allowances. This conclusion was reached by the Constitutional Court in its