All work activities - conclusion of an agreement, remuneration of labor, granting leave to an employee and others - are subject to the Labor Code of the Russian Federation. This is the main document regulating the relationship and working relationships between the employee and the employer; other documents are also possible, which do not contradict the first. For example, normative acts, charters, rules, orders, orders of the organization, etc.
This article will cover in detail such a topical issue for all employees as holiday pay. First of all, I would like to note that the remuneration for overtime work on the red days of the calendar or days of rest during the sliding and unchangeable working hours is different. This issue is regulated by Art. 153 of the Labor Code of the Russian Federation.
The most important and interesting moment in the workflow for employees is the material part, namely salary. Many were faced with the fact that the head asks to go on a weekend or holiday to work. And, quite naturally, everyone was interested in the question: "What am I entitled to receive for this?"
Payout Regulation
Payment for work on holidays and non-working days off is determined by regulatory enactments, a collective or labor contract, in accordance with which it can be increased. One way or another, all organizations (OK, accounting) are directly interconnected with the Labor Code of the Russian Federation and cannot contradict it, respectively, overtime work is paid in double size, and no less.
Providing a day of rest: conditions
By agreement with the employee, instead of paying for hours worked on weekends and holidays, he may be given a different day for rest. In this situation, the payment is made in a single amount for going to work, and the day for rest is not paid.
Remuneration is an integral part of the work process and should be reflected in the employee’s or collective bargaining agreement.
The main concepts used in the article
Day off. Every employee has the right to rest. Regardless of the schedule, the employee is provided with rest days.
Holidays. These are the so-called red days of the calendar.
Replaceable schedule - sliding mode of operation. For example, 2x2 for 12 working hours, 5x2 for 8 hours, 3x3 for 12 and so on.
Permanent mode - a work schedule that corresponds to the production calendar approved by the government of the Russian Federation.
Piecework is work in which the amount of wages depends on the output. That is, if an employee made 5 parts of 5 rubles each, his earnings would be 25 rubles, if 10 of 5 rubles - 50, and so on.
Work at hourly and daily tariff rates - the remuneration in this case depends on the time worked. For example, an employee worked 164 hours a month - he will receive a salary only for these hours.
Salary work is the most stable wage. It does not depend on the work performed or on the hours worked. This is a flat rate.
Categories of citizens who are prohibited from being called to work on weekends and holidays
In accordance with the Labor Code of the Russian Federation, the employer has no right to attract the following employees to work on weekends and holidays:
• Persons under 18 years of age. An exception is made by workers in creative positions and professions (Article 248 of the Labor Code).
• Pregnant women (article 259, part 1 of the Labor Code of the Russian Federation).
As for the rest of the citizens, if the management engages the employee to work on a weekend or holiday, he is obliged to warn him in advance and issue an order or order.
Payment for holidays and weekends of workers in creative professions (media, television and video operators, cinematography, theater and concert organizations and other groups associated with performances in public) is determined by regulations, labor or collective agreements.
Typical situations and conditions for attracting an employee
A special category is made up of citizens:
- Disabled people.
- Persons raising children under 3 years:
- women;
- single fathers;
- guardians or trustees.
| Situations in which it is necessary to attract employees on non-working days off and holidays | Employee Category | Terms of attraction |
| Emergency (e.g. industrial accident, natural disaster or disaster) | Special category | 1. The work should not have medical contraindications. 2. Employees should be familiarized with the right to refuse to leave on holidays and weekends. 3. The employer must ask the employee for written consent to work. |
| Other employees | Employee consent is not required. |
| If necessary, to prevent accidents, damage to state and municipal property, as well as property of the employer. | Special category | 1. Such work should not be prohibited to the employee for reasons of his health (a medical opinion is mandatory). 2. There is a document with the employee’s signature stating that he is familiar with his right to refuse.
3. A written application from an employee to leave on a non-working weekend or holiday is mandatory. |
| Other employees | Employee consent is optional. |
| With the introduction of a state of emergency or martial law, where urgent work is required, as well as in cases of any disaster or its threat. Such cases include: fires, epidemics, earthquakes, floods or other situations that jeopardize the livelihoods of the population. | Special category | 1. Conclusion is possible in the absence of medical contraindications for health reasons.
2. There is a familiarization of the employee with a signature on the right to refuse.
3. There is a written consent of the employee. |
| Other employees | Consent is not required. |
| In case of urgent need for urgent unforeseen work that affects the activities of the organization as a whole and its structural divisions. | Special category | 1. There is no medical prohibition.
2. The employee is acquainted with the right to refuse (against signature).
3. There is a written consent of the employee. |
| Other employees | The employer has the right to call the employee without obtaining consent from him. |
| Other cases | Special category | 1. The employer must listen to the opinion of the elected body of the primary union.
2. The employee has no contraindications for health reasons.
3. There is a document confirming the familiarization of the employee with the right to refuse.
4. There is a written consent of the employee. |
| Other employees | 1. There is written consent to go to work.
2. The opinion of the trade union organization is taken into account. |
Payment of weekends and holidays with a sliding (shift) mode of operation
If there is a need to attract an employee to work on his days off or on the red days of the calendar, the employer can do this by notifying the employee and receiving written consent from him. In the event that the latter has a moving schedule, the payment for the holidays should be made in double size, but there are several nuances.
Charging according to shift schedule
Payment is directly related to the schedule of the labor process:
1. If the red day of the calendar falls on the employee’s shift, then, respectively, the hours worked fall under the norm of hours, and, according to the Labor Code of the Russian Federation, holidays are paid in this case at least in the single amount in excess of the employee’s rate or salary. Or the time worked is paid according to the hourly or daily tariff rate.
For example, an employee worked 2 holidays in January, which are scheduled for shift workers. Total time tracking is limited to one month.
The number of days worked per month, according to the shift schedule, is 20. Actual production is 20.
The monthly salary of an employee is 20,000 rubles.
The tariff rate (daily) is 20,000 (salary amount) / 20 (number of working days in a month) = 1000 rubles.
Thus, for each holiday day, the employee will receive a surcharge of one thousand rubles. Since there is a surcharge for the daily tariff rate, the employee’s salary this month will be 22,000 rubles, without deduction of income tax.
2. In the event that the employee considers this day to be a holiday according to the schedule, then payment is made in double amount, according to the legislation of the Russian Federation.
Let's say working days in month 20. Actually worked out 22.
The monthly salary of an employee is 20,000 rubles.
The daily rate is 20,000 (salary amount) / 20 (number of working days in a month) = 1000 rubles.
Since the employee’s holidays are on weekends and the employer calls him to work, for each day a person will receive 2 thousand rubles. Consequently, his salary will be 24,000 rubles.
The law also provides for the replacement of cash payments by day of rest in agreement with the employee.
Paying overnight on holidays
The shift schedule provides work not only during the day, but also at night.
Night hours are a period from 22:00 to 6:00. Such working hours are paid with at least a 20% surcharge.
Holidays pay: night shift
Terms:
1. If the employee has a holiday for the worker, then an extra payment is made in a single amount to the increased payment for night hours. That is, the employee in this case will receive: a daily tariff rate + a nightly allowance + a single payment in addition.
2. In the event that the employee has a public holiday according to the schedule as a day of rest, and he is hired, then the payment will look like this: tariff daily rate + allowance for night hours x 2. That is, in this situation, holidays are paid in double volume.
Payment of weekends and holidays with a fixed work schedule
Fixed working hours implies that the employee is at the workplace from Monday to Friday, resting on Saturdays, Sundays and holidays, and focuses on the production calendar in the work process.
Payment for non-working holidays and weekends under this operating mode is carried out at least twice as much for the following groups of employees:
• To the makers.
• Employees working at an hourly or daily rate.
• For part-time workers.
• Employees with a salary.
At the request of the employee, the payment can be replaced by providing a day off.
Reflection of the order and size of payment by the employer
The employer must reflect in the terms of the labor or collective agreement, regulations the amount and procedure for remuneration on the red days of the calendar and days of rest.
The main parameters that deserve the attention of the guide:
• Determine the effect on the payment amount of the number of hours worked on non-working holidays and weekends.
• Use average daily rates or average hourly rates, which are calculated based on the employee’s salary and the average number of working days in the current month or on the daily part of the salary from the standard working time of a particular month.
• Determine whether the accounting of the tariff rate (salary) or the amount of earnings, which includes stable allowances and surcharges, will be carried out.
Overtime Payment
Most organizations keep a total of hours worked. Overtime hours are those that the employee worked beyond the standard time of the accounting period. The first two hours above the norm are daily paid in one and a half volume, all remaining hours are subject to compensation at a double rate.
Summary
This article revealed the nuances of paying the weekend and holidays by the employer, and also examined the conditions for attracting workers of a special category in typical situations. Particular attention is paid to paying for red days of the calendar and days of rest during sliding and non-replaceable operating modes. Provides information on overtime compensation. Labor remuneration on holidays and weekends is either a double surcharge or the provision, in agreement with the employee, of another day of rest in return for the time spent. When working from 22:00 to 6:00, two guarantees are guaranteed: payment for holidays and night hours.
The labor legislation of the Russian Federation provides for compensation for deviations from normal (standard) labor conditions stipulated by the production calendar. Any organization, having its own regulations governing payment processes, should be based on legislation and not contradict it.