Pre-holiday - reduction of working hours

Last modified: January 2021

Within the framework of legislative norms, the wording of short, reduced and part-time work is not synonymous, since it implies different payments that do not depend on the terms of the employment agreement, but are determined by law. A shortened working day on the basis of payment for a period of full duration is not a “broad gesture” of the employer, but an obligation determined in relation to categories of citizens, working conditions and specific days.

What is a pre-holiday working day?

Work on a pre-holiday day in accordance with Part 1 of Art. 95 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) becomes one hour shorter. This is the so-called shortened working day. The list of holidays that are considered non-working dates is given in Part 1 of Art. 112 Labor Code of the Russian Federation. It is installed for the entire territory of Russia.

Other provisions may be provided for in regulations. In particular, the provision of paragraph 7 of Art. 4 of the Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and Religious Associations” allows government bodies to declare religious holidays non-working. This decision is made for individual territories at the request of religious organizations. Consequently, constituent entities of the Russian Federation are entitled to establish their own non-working holidays.

Salary

Wages are calculated depending on the limiting party in the general case. If the basis for reducing the working day or week contains a federal law or other regulatory act, then the time limit is considered the norm for an employee of a particular category, therefore, he must be paid according to the established standard for the fully worked period. However, there are nuances and exceptions to the rules on the issue of how a shortened day of work is paid.

Minors

An exception to the standard rule regarding remuneration for working and studying minors is imposed by Article 271 of the Labor Code of the Russian Federation.

Wages are calculated in proportion to the time worked, despite the fact that a shortened working day and a shortened working week are established by the Labor Code (Article 92), and not by the desire of the minor or management.

According to the legislator, a decrease in the level of wages reduces guarantees for young specialists, but attracts the attention of a promising employer to the use of minors, since the absence of the need for additional payment makes them more attractive for joining the labor process. If you wish to finance from your own sources, there are no legal restrictions on additional payments to the standard regime.

Working disabled people

The right to a shortened work week is provided for working disabled people of groups 1 and 2. If a medical certificate stipulates part-time work, then the case is mandatory for the employer when a reduced working day is required by law.

The work schedule established by a medical institution must be paid in the same way as the time of the full labor process in accordance with Article 23 of Law No. 181-FZ, which regulates issues of social protection of people with disabilities.

On its own initiative, the employer can make additional payments before working for a full period under any employment regime for a disabled person of groups 1 and 2, however, a prerequisite is payment for a 35-hour week before the standard 40-hour regime.

Is there a reduction in pre-holiday working hours for continuous work?

According to the law, in some cases the day off is transferred. From the norm of Part 2 of Art. 112 of the Labor Code of the Russian Federation it follows that if non-working holiday dates coincide with weekends, then the day off is transferred to the working day following the holiday. In this case, the duration of work is equal to the duration of the working day to which the day off was transferred. According to the rules, the transfer of a day off is carried out by the Government of the Russian Federation.

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The reduction of the pre-holiday working day does not depend on the duration of daily and (or) weekly work. An exception to the rule includes, for example, continuous production (Part 2 of Article 95 of the Labor Code of the Russian Federation). At continuously operating enterprises (types of work) where a reduction in working hours is unacceptable, its duration on the eve of a holiday is not reduced.

This approach is understandable, because continuous production implies a set of technological processes that cannot be stopped without significant damage to production. Essentially, this is dictated by the nature of the technology.

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Fact

Examples of continuous production are most often found in industry - glass workshops, lime kilns, mill buildings, potteries, etc. In addition, examples of continuous production include healthcare institutions - hospitals and clinics, as well as public transport - suburban and international.

That is why the duration of work (shift) on the eve of a non-working holiday is not reduced for workers servicing continuous production. If, due to organizational, production and technical conditions, the suspension of the work process on non-working holidays is impossible, then the duration of work on the eve of the holiday is not reduced.

Features of work organization under continuous regulations

When organizations need to operate uninterruptedly (this area of ​​activity includes supplying the population with heat, water, electricity and much more), then their work cannot be stopped at any time of the day. For these, work is specially established based on shift schedules.

If it is impossible to shorten the pre-holiday day by an hour, it turns out that employees have to work the entire work shift, however, the extra hour of overtime will be considered overtime, and this obliges the employer:

• pay for this time according to established criteria;
• provide additional rest time.

In order to determine what additional payment or day off is due to an employee, it is worth issuing an administrative document that clearly sets out this information.

Shortening working hours on holidays

Article 95 of the Labor Code of the Russian Federation approves the general rule about a shortened pre-holiday working day . This benefit, a shortened working day, is valid for all employees, even those who have already been assigned a reduced working time. These include minors, citizens working in dangerous (harmful) working conditions, disabled people of groups I and II.

Pre-holiday day with part-time work

Persons working part-time and employees who work part-time are also subject to the above rule. This follows from the analysis of the provisions of Part 3 of Art. 93 of the Labor Code of the Russian Federation, as well as Part 2 of Art. 287 Labor Code of the Russian Federation. In addition, they are subject to the transfer of the day off.

However, the duration of work cannot be reduced if a non-working holiday is preceded by days of weekly rest. In other words, a shortened working day is not established when a non-working holiday according to the work schedule is preceded by a day off. This is understandable, because in such a case the working day does not begin immediately before the holiday.

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Pre-holiday day with a shift schedule

In continuous production and in certain types of work where it is impossible to reduce the duration of a shift on a holiday , overtime is compensated. The employee is additionally given rest time or, with his consent, payment is made according to the standards established for overtime work (Article 95 of the Labor Code of the Russian Federation).

Part-time work at will

When applying for employment or in the process of performing official duties, by mutual agreement of the parties, on the basis of Article 93 of the Labor Code of the Russian Federation, the employee is established with a part-time employment regime, which presupposes:

• part-time shift during the working day;
• shortened work week;
• combination of short working hours and part-time work.

The part-time employment regime can be applied on an indefinite basis or with the establishment of a specific period with the possibility of further review and extension. In addition to mutual agreement, there are situations when the employer is obliged to establish a part-time regime if the employee wishes, expressed by submitting an appropriate application.

Convenient working hours for the applicant are established on the basis of a written expressed desire:

• a pregnant woman for the entire period of pregnancy, if the fact is confirmed by an antenatal clinic, regardless of the timing;
• one of the parents or a substitute person, guardian, trustee in the presence of a child under 14 years of age or a disabled person under 18 years of age;
• caring for a sick relative, subject to the need for care, confirmed by the appropriate conclusion of a medical institution.

Part-time work does not contain restrictions regarding work experience for a given period, which is considered similar to full-time work. Wages are calculated in proportion to the time spent on the labor process. The number of days of annual leave is not limited, but vacation pay is automatically reduced in size due to the inclusion of reduced wages during the year.

Taking into account the specifics of the enterprise’s activities, the employer can initiate the use of a reduced work time regime. Hired personnel must be notified of the changes being made 2 months before the innovations. With expressed consent, changes in essential conditions are considered normal and do not require compensation payments.

How is salary calculated for the pre-holiday day?

Working on holidays has its own nuances. The amount of payment for work on a shortened working day depends on the category of the employee and the type of his salary. For example, “piece workers” are paid according to the amount of work performed. The work of workers with daily wages is paid in the amount of the daily tariff rate.

If hourly wages are established, the employee will receive a salary in proportion to the period of time worked. In this case, only the time actually worked is paid, therefore, the reduced hour is not subject to payment. Employees receiving a salary (fixed amount) are paid in full. After all, a legal reduction in the duration of work is recognized as the standard working time.

The Labor Code fully regulates all issues related to the pre-holiday working day, as well as nuances in the form of part-time work or work on a shift schedule.

Reduced time by law

The Labor Code of the Russian Federation does not define in detail what a shortened working day is. Article 92 speaks of a reduced duration in the context of the time allocated for work, introducing restrictions per week depending on the categories of workers.

The duration is not related to the will or agreement of the employer and hired personnel and is determined by the maximum limitation of hours per week for the following persons:

• those under 16 years old “according to a passport” – 24, when combining work with study – 12 (half);
• age category from 16 to 18 years and disabled people of groups 1 and 2 - 35, when combined with study - 17.5;
• workers in dangerous or harmful conditions of the 3rd and 4th degrees - 36;
• medical personnel – 39;
• teaching staff – 36;
• women working in rural areas and northern regions – 36.

Limits can be established by special laws regulating activities and intersectoral agreements that are binding on business entities in cases where the duration is reduced compared to the internal local acts of the organization.

The specific duration is determined by the employer by labor regulations. Article 94 of the Labor Code of the Russian Federation establishes a reduced working time regime in relation to daily work shifts exclusively for the above categories.

The reduction of the working day is provided for to the maximum permissible hours of work for persons:

1. For students of secondary general education and vocational educational institutions working temporarily during the holidays:
   14-15 years old – 4;
2. 15-16 years old – 5;
3. 16-18 years old – 7.

1. For students of the above institutions when combining study and work during the semester:
   14-16 years old – 2.5;
2. 16-18 years old – 4.

1. For disabled people who have a reduced working day by decision of a medical and social examination, the amount of permissible time interval of work during the day is prescribed in rehabilitation measures that have the force of law for the employer.
2. For those working in harmful and dangerous conditions, where a reduced working time regime is established:
   with a 36-hour week – 8 (standard);
3. at 30 hours – 6.

• External part-time work: features of work under the Labor Code of the Russian Federation

Restrictions regarding the reduction of working days and reduction of working hours during a shift are provided for in Article 284 of the Labor Code of the Russian Federation for external part-time workers. If at the main place of work a part-time worker is exempt from performing work duties on a specific day, then the part-time worker can work full time. On days of employment, the employer whose citizen is registered as a part-time worker is obliged to reduce the working day to a maximum of 4 hours.

Working hours standards for 2021

The production calendar is a list of working and non-working days officially approved by the government.