Not all people work on weekends and holidays. And for those who are engaged in shift work, there are some "bonuses" on the part of the state regarding wages. Labor legislation (Article 153) guarantees compensation for the exercise of their labor functions on weekends and holidays. However, the article itself will not work. Need a legitimate application by her employer. Below, we will consider the grounds for the occurrence of this right for an employee, and also describe samples of orders for work and payment on holidays.
Weekend Activities
According to labor law, a forty-hour workweek is the norm. Everything above this figure is either processing or working on weekends, and sometimes even breaking the law.
There is a category of employees working on schedule. Their going to work on any day is a common thing. Sometimes unforeseen circumstances may arise in which the employer is forced to organize the work of the whole team on weekends or holidays, in which, according to standard conditions, people should not work.
Circumstances in which you can call an employee on a public holiday
These circumstances include:
- accidents whose liquidation cannot be delayed;
- emergencies;
- repair of equipment;
- failure to fulfill the required volume of orders;
- other reasons (at the discretion of management).
Holidays
The legislation of the Russian Federation regulates the list of non-working holidays. About how to work on holidays say the relevant Decisions, which indicate all transfers to a particular date.
But in addition to this normative act, the list of specific holidays in the Russian Federation is fixed in the Customs Code (Article 122). These days include: in the month of January from 1 to 8, February - 23, March - 8, May - 1 and 9, June - 12 and November 4. These days off are obligatory days off for all subjects of the Russian Federation. Also, in addition to these non-working holidays, in some regions there are other non-working days that are religious holidays (for example, in the Republic of Buryatia the Sagaalgan holiday, the whole republic rests for 5 days in the month of February).
Reason for going out on a day off
In the presence of certain circumstances in which the exit of employees is necessary on a public holiday, the employer must draw up an appropriate order. It is this document that will be the basis for calling the employee on a public holiday. Below will be considered some sample orders for work on a holiday.
A sample work order on holidays may look like this:
Autonomous budgetary institution of continuing education
"The House for arts and crafts for children"
(ABU DO "DDT")
P R I K A Z
04/25/2017, No. 11
Winter
On duty on holidays
To ensure fire safety, trouble-free operation of water supply, electricity supply, strengthen monitoring of property safety on weekends and holidays, May 01, 08, 09, 2017
I ORDER:
1. To establish duty on holidays 01, 08, 09 May 2017
May 01
d / c "Rovesnik" - the guard Belova M.A. (7-15-14);
d / c "Romantic" - the watchman Moskalyuk S.P. (3-25-40);
May 08
d / c "Coeval" - the watchman Sizykh N.S. (7-15-14);
d / c "Romantic" - the watchman Harisov M.F. (3-25-40);
May 09
d / c "Rovesnik" - the guard Fedorov O.P. (7-15-14);
d / c "Romantic" - the watchman Vershinina L.G. (3-25-40);
2. Oblige the watchmen to inform the Education Committee about the state of the thermal regime, water and electricity supply from 8:00 to 9:00 , from 12:00 to 13:00, from 16:00 by phone 3-18-06
until 17 00 , from 21 00 to 22 00 .
3. In case of a dangerous situation, urgently inform the responsible duty officer of the MBU DO "ZDDT", the guard of the Education Committee by phone: 3-18-06, the responsible officer of the Education Committee, the duty dispatcher of the administration by phone: 3-24-67.
4. To organize the duty of the responsible workers of the administration of HWP on weekends and holidays 01, 08, 09 2017.
5. Appoint as responsible duty officers:
May 01 Ivanova M.P. | May 08 Fedorova E.Yu. | May 09 Petrova A.A. | | |
6. A copy of the order on the appointment of responsible duty officers to be submitted to the Education Committee by the leading labor protection specialist Ozerova EV until April 25, 2017.
Director of ABU DO DDT S.V. Lashkina
Familiarized with the order:
(date, surname, list of employees)
As you can see, this order spells out the reason for going out on holidays, which workers should go out, what they should do. Also listed are the persons responsible for the implementation of this order.
This sample order of work on holidays, executed correctly and without violating the law. It should be noted that in May, the 1st and 9th of the day are public holidays, and May 8 is just a public holiday. And those people who work as watchmen on this day will receive wages for this day in the usual amount, and not as for the holiday.
Another sample work order on a public holiday, relating to employees working on a standard schedule, is presented below.
Autonomous budgetary institution of continuing education
"The House for arts and crafts for children"
(ABU DO "DDT")
P R I K A Z
December 20, 2016 No. 111
Winter
About the work of the creative site
For the purpose of organized recreation for children on New Year's holidays
I ORDER:
- On January 1, 2017, teachers of additional education need to organize a cultural holiday for children in the city square.
- It is necessary to prepare creative and game activities for children of middle and younger age.
- Responsible for the execution of the order to appoint the organizing teacher Petrova M.A.
Director of ABU DO DDT S.V. Lashkina
Familiarized with the order:
(date, surname, list of employees)
Payment
Holidays employees ask themselves: “How are holidays paid?” According to the law, payment is made in double amount (minimum), regardless of whether piece-rate or hourly payment exists with this employer. However, this amount may be higher than double size. But then this provision should be spelled out in the local acts of a particular institution.
Do not forget that the payment itself will not arise. To do this, you need a basis, which is the order (order) of the head.
Sample order for work on holidays for payment for these days:
Municipal budgetary institution
additional education "Ziminsky House of Children's Creativity"
(MBU DO "ZDDT")
P R I K A Z
January 20, 2017 No. 09
Winter
About payment for work
on holidays
In accordance with Art. 153 of the Labor Code of the Russian Federation to pay for work non-working holidays 01 - 08 January 2017
I ORDER:
Make double payment to the following employees:
Belova M.A., the watchman of the d / c “Rovesnik” - 16 hours;
Moskalyuk SP, the guard d / c "Romantic" - 16 hours.
Director of MBU DO "ZDDT" S.V. Lashkina
Familiarized with the order :
This order, together with a time sheet, is given to the accounting department for accruals.
Shift Payment
Regulates work on holidays of shopping mall, and more precisely Art. 153. The difference between shift work and the standard schedule is that going to work on a holiday is not a freelance situation, but a common thing, it just happened to someone to work on a holiday.
Naturally, a person may be offended that he does not spend the holiday with his family, but in a working order, so such work should be adequately paid. How are holidays working on schedule paid? According to the Labor Code, holiday pay is double. And this provision applies to shift workers. Just for this working day, the employee will receive a double salary based on his monthly rate.
For example, an employee worked 10 shifts per month, one of which fell on a holiday. The monthly salary of the employee is 50,000 rubles. Therefore, one shift is worth (50,000 / 10 = 5,000 rubles). Accordingly, for the holiday the employee will receive 5,000 rubles at his rate and plus 5,000 rubles, which are double the size. The monthly salary is 55,000 rubles, plus regional and northern coefficients, bonuses, incentive payments, if any.
Payment for holiday and night shifts
In order to correctly calculate night and holiday hours, you need to know that the night hours are working hours from 22.00 to 06.00 hours. These hours are paid at night, not only during the holidays, but at any time, and in payment for the holidays, in addition to the double size for the shift mentioned above, plus 20% is added for the hourly rate (for these 8 hours) .
If an employee works in shifts, and his shift has occurred both on a public holiday and at night, then his salary will consist of a double amount for that day and plus 20% of the hourly rate for night hours. If the employee went to work that day (day off), which is not provided for by the schedule, then his salary will consist of a doubled tariff rate plus a nightly allowance.
You should also be aware that 20% is the minimum established by the state, at a particular enterprise this percentage may well be higher (this is regulated by the regulatory acts of the institution).
Day off
The parties to the labor relationship may conclude an agreement that instead of paying for work on holidays, the employee may take rest days (days off). In this case, the work will be paid in the usual amount.
It is worth remembering that accounting may not be aware of the agreement between the parties. Therefore, the employer must notify the accountant by drawing up a time sheet (in the absence of an order for payment).
Finally
The state guarantees compensation for employees leaving for work (service) on weekends and holidays. But besides this, work on holidays is supported by an exit order and payment. Without them, this right cannot arise. If the employer violates his obligations on the indicated grounds, then this is an occasion for contacting the labor protection committee.
A sample order of work on holidays was considered above. This order is an order for core activities, therefore, is created by each employer at its discretion. A uniform form of such orders does not exist.
Each employer may provide for a higher pay for work on holidays than is specified in state acts. But the list of holidays is fixed at the legislative level of the federation and the subject.