Very often, in an organization, personnel work according to different schedules, their work is paid according to different rules... For each case, it is difficult to figure out how employees can and cannot be called to work on weekends and holidays. Let's try to deal with some situations in this publication. The material will be useful to our students of professional retraining and advanced training courses in the following areas:
- Accounting
- HR and personnel management
- Management in an organization (by industry: healthcare, educational institutions, manufacturing enterprises),
- State and municipal administration
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Legal holidays: what to consider for the employer
Every working citizen has the right to a weekly rest - a period of time established by the internal rules of the enterprise when one can legally not attend the place of work and not perform work duties. The mechanism for determining the number of days off is prescribed in the Labor Code:
It happens that production and technical conditions do not allow the entire workforce to suspend work at an enterprise on weekends. In this case, the Labor Code of the Russian Federation allows for a different regime of weekly rest: each group of workers, in accordance with the internal labor regulations (internal labor regulations), rests alternately on different days of the week.
ConsultantPlus experts spoke about the nuances of wages on weekends for salaried employees. Study the material, get trial access to the K+ system and go to the Ready-made solution. It's free.
When planning work and rest time, the employer should follow the four main rules of the Labor Code of the Russian Federation on weekends:
We will talk further about who can and cannot be called to work on a day off, as well as who has the right to refuse to work on their legal day of rest.
Non-working and working holidays: how to pay
We perceive a holiday primarily as additional time for relaxation. However, not every holiday allows you to legally not go to work:
Non-working days and holidays have already been approved for 2021. See our 2021 production calendar in this post.
Payment for working holidays is made in the usual manner (as an ordinary working day). Pay on non-working holidays has some nuances:
- for salaried employees, the presence of non-working holidays in a calendar month is not grounds for a salary reduction;
- Shift employees for working according to a schedule on a non-working holiday are entitled to additional remuneration, the amount and procedure for payment of which are established by internal local regulations of the enterprise.
Thus, the legislation also establishes specific rules for holidays:
The mechanism of remuneration on holidays is mainly influenced by the operating mode of the enterprise. For example, no “holiday” additional payments will be required if all employees are paid based on salary, there are no shift workers and there is no need to be called to work during holidays.
The employer should also not forget that he cannot always invite the entire workforce to work on a holiday or day off - there are restrictions and prohibitions in this matter established by labor legislation.
We explain how sick leave and vacations that fall on holidays are paid in the following materials:
- “How to calculate vacation if it falls on holidays”;
- “How sick leave is paid on holidays.”
Example of salary calculation
Morkovkin I.P.’s salary is 20,000 rubles. Additional payment for length of service - 20% of salary. Stimulants - 40% of the DO. In January, he was involved in work from the 1st to the 5th. The region has a regional increasing coefficient of 15%.
Let's do the calculation:
- We calculate the cost of one day of work in January: (20,000 + 4,000 (20% experience) + 8,000 (40% incentive)) / 17 working days = 1,882.35 rubles.
- We calculate the additional payment for holidays: RUB 1,882.35. × 2 times the size × 5 days = 18,823.50 rubles.
- We calculate the regional coefficient: 18,823.50 × 115% = 21,647.03 rubles.
IMPORTANT!
Withhold personal income tax from the amount paid for work on a holiday and calculate insurance premiums.
Limitations and tolerances
The legislator's approach to the issue of work on non-working days is reflected in Art. 113 of the Labor Code of the Russian Federation: it is prohibited to call employees to work on their legal days off and officially established non-working holidays. However, there are several exceptions to this rule:
The employer is not allowed to call pregnant employees to work by the prohibition enshrined in Part 1 of Art. 259 Labor Code of the Russian Federation. In addition, there are several categories of employees who have the right to refuse to work on weekends and non-working holidays:
Labor legislation limits the employer's desire to burden the workforce with responsibilities 365 days a year, but allows that in some cases it is impossible to do without work on holidays and weekends. Therefore, according to the Labor Code of the Russian Federation, hiring employees to work on non-working holidays is permissible if it is necessary to ensure:
- continuity of the technological process at the enterprise;
- carrying out urgent loading, unloading and repair work;
- service to the population.
To be called to work on non-working holidays and weekends, the employer must issue a written order. Verbal orders in such a situation have no legal force.
Find out more about restrictions and prohibitions from the materials on our website:
- “Offsetting overpayments of taxes: the new restriction does not always apply”;
- “The land plot is limited in use: is there a land tax?”
One day for women in the village
What a day . Women in rural areas of any position and age are entitled to one additional day off per month without pay. When working remotely, the right to a day off does not disappear if the employer is also in the village. The date of the day off is chosen by the employee - Art. 263.1 Labor Code of the Russian Federation.
How to register . The employee writes a statement, the employer issues an order.
