Increased pay for duty on weekends and holidays is a mandatory requirement of labor legislation. When those responsible for payroll encounter this issue for the first time, they often do not know how to properly solve it. If calculating the amount of compensation causes difficulties for you, we advise you to read our article.
From the publication you will learn about the following procedures:
- organization of duty on weekends and holidays: features of compensation for the work of employees;
- payment for duty on weekends and holidays: analysis of a typical situation using a specific example.
Organization of duty on weekends and holidays
If shifts are performed in excess of the specified working hours, including on weekends or holidays, compensation is made in accordance with the rules provided for by law. There are 2 types of reimbursement. First, increased pay for the implementation of labor activity. Secondly, providing specific employees with additional rest.
The performance of official duties in turn is considered a specific type of working time. Accordingly, the organization of duty on weekends and holidays should be negotiated separately. The same applies to the order of compensation.
When the employer forms the appropriate local regulatory act, it is allowed to include other provisions on the performance of duty. The rules for the performance of official duties outside the existing working hours are determined by the needs of the enterprise and its activities.
Attention! As in the design of the norms that regulate the introduction of working hours, acts on the performance of duty should be adopted with the direct participation of the representative body of employees.
Involvement on duty concerns the most significant labor rights of employees. The introduction, abolition or change of the conditions for their implementation should be carried out under Art. 73 of the Labor Code of the Russian Federation. In terms of making adjustments, these procedures are very similar to making changes to employment contracts.
Payment for duty on weekends and holidays: analysis of a typical situation
When payment is required for attendance on weekends and holidays with personal presence at the workplace, employees usually have no problems obtaining reimbursement. If an employee performs job duties without going to work, some enterprises try to use this fact to their advantage. As a result, the law is broken. Let's take a typical situation as an example.
Duty on weekends and holidays without the personal presence of an employee
Suppose an organization for the New Year holidays issued an order agreed with employees, which establishes the order of duty on weekends. The performance of duties does not imply the presence of employees in the building of the enterprise. Simply put, you can work while "sitting on the phone."
With this approach, a number of employers believe that double pay for duty on weekends and holidays is not required. Since employees are not actually present at the workplace, there is nothing to compensate. Does this opinion correspond to the current legislation of the Russian Federation?
Legal analysis of the situation
Even if employees are not at the workplace, but they are on duty on weekends or holidays, the employer is obliged to pay double the amount! This is explained as follows:
In the Labor Code of the Russian Federation there is no concept of "home duty" or "telephone duty". If we take the definition of working time from Art. 91, it also includes the time of performance of official duties. According to Art. 100, the working time regime, which establishes the length of the working week and mandatory days off, is set by the internal labor regulations.
In turn, these rules are established on the basis of the labor legislation of the Russian Federation and other regulatory legal acts. The internal order is also set by collective agreements. As well as other agreements that are concluded with employees.
The time when the employee has the right not to perform duties is used by him at his own discretion and is called "rest time". If an employee cannot use his time as he wishes due to the performance of official duties or by order of the employer, it is not considered rest time.
In Art. 113 of the Labor Code of the Russian Federation says that work on weekends or holidays is prohibited. The exception is situations that are provided for by the Labor Code. Wages on such days are regulated by Art. 153.
The presence of an employee in the building of the enterprise, at home or in another place does not matter. Regardless of the location, he performs labor duties. It follows that he must be paid for duty on weekends and holidays.
E. Dirkova, auditor
Many firms have a production need to organize round-the-clock duty. The permanent presence of staff can be provided on their own. Most often, attendants work according to the schedule “day after three”. Consider the features of accounting and remuneration of their work.To serve a continuously operating post (responsibility center), the administration forms a group of workers. The total working time fund (24 hours a day at one workplace) is distributed among the employees of this group in accordance with the requirements of labor legislation, the terms of collective and labor agreements.
Shift schedule required
The employment contract determines the duration of daily work (shift). Labor legislation does not prohibit the use of a 24-hour shift. Article 94 of the Labor Code clarifies that certain categories of workers cannot be involved under such conditions. For example, an employee under the age of 18 cannot be assigned to daily duty. Pregnant women are not allowed to work at night (Article 96 of the Labor Code of the Russian Federation). A number of fundamental requirements are also contained in article 103 of the Labor Code:
- the work of the duty officers should be built in accordance with the shift schedule;
- the shift schedule is brought to the attention of employees no later than one month before its entry into force. This means that the employee must be familiarized with the duty schedule for December before the onset of November;
- work for two shifts in a row is prohibited. If the duty lasts a day, then it is unacceptable to involve an employee on two shifts in a row.
- for officials - in the amount of from five to fifty times the minimum wage;
- for persons engaged in entrepreneurial activities without forming a legal entity - from five to fifty times the minimum wage or administrative suspension of activities for up to 90 days;
- for legal entities - from three hundred to five hundred times the minimum wage or an administrative suspension of activities for a period of up to 90 days.
How to make a shift schedule
It is convenient to draw up a shift schedule in the form provided for the time sheet. For this purpose, columns 1 - 6 are used in the unified form of time sheet No. T-13. But they are not enough - an additional column must be provided for the signature of each employee, certifying (with the date) that he is familiar with this document.
During shift work, the working hours provide for a working week with the provision of days off on a staggered schedule. This wording is enshrined in Article 100 of the Labor Code. The legislation does not explain what is the duration of such a working week in days. Therefore, in the employee's employment contract, a conditional average indicator is fixed - the duration of the working week in hours. But how to define it?
The legislation does not explain the concept of “normal working hours”. However, within the meaning of Article 91 of the Labor Code, this is the time allotted for the performance of labor duties and agreed upon by the employment contract. This article introduces a maximum of 40 hours for normal working hours during the week. Therefore, when using a sliding schedule, the employer is forced to set the employee a certain length of the working week, also in hours. This inherently average annual indicator cannot exceed 40 hours.
The rationing of working time is carried out by decision of the employer, taking into account the opinion of the elected trade union body or on the basis of a collective agreement (Articles 159, 160 of the Labor Code of the Russian Federation). At the same time, the length of time worked for the selected accounting period should not exceed the normal number of working hours. Therefore, during the accounting period, the employer keeps a summarized* record of working time. And the established duration of the working week is used when calculating vacation pay (paragraph 13 of the Decree of the Government of the Russian Federation of April 11, 2003 No. 213).
Example 1Normal working hoursThe employer will have to set the duration of the work week of the duty officer. Weekly fund of working time - 168 hours (24 hours a day) 7 days). If this load is distributed among five attendants, then each of them will have an average of 33.6 hours (168 / 5). But with four people on duty, one employee will have an average of 42 hours a week (168 / 4).
The concept of the normal number of working hours is explained by the Decree of the Ministry of Labor of December 29, 1992 No. 65 (hereinafter - Decree No. 65). The norm should be calculated on the basis of the estimated schedule of the five-day working week (clause 2 of Resolution No. 65). For the practical application of the rule contained in it, it is required to establish the duration of the employee's working week - 40 hours or less:
The new, amended version of Article 104 of the Labor Code, which entered into force on October 6, 2006, did not essentially change this provision. Its wording does not contradict the explanations of the Ministry of Labor (Resolution No. 65). It cannot be argued that the normal number of working hours now coincides with the weekly working hours set by a particular employer. It is still tied to the standard "five days". This principle is used to determine the number of staff required to ensure round-the-clock duty.
We draw up a staffing table
The need of the enterprise for duty should be reflected in the staffing table. In this primary document, it is required to indicate not only the name of the position of the duty officer (watchman, security guard, etc.), but also the required number of such staff units.
When planning the number of staff on duty, it is necessary to remember the possibility of temporary disability and social guarantees. Each employee is entitled to an annual leave of 28 calendar days (Article 115 of the Labor Code of the Russian Federation). And, in addition, additional holidays may be provided for certain categories of workers or established by a collective agreement.
Example 2According to this algorithm, it is easy to calculate that for a staffing of 4 people with the maximum allowable "average" working time of 40 hours per week, the employee's overtime will be 370 hours per year. In other words, downsizing will entail a violation of labor laws.Two options for calculating the number of staff per one workplace with round-the-clock operation, depending on the length of the working week, are proposed. Here it is taken into account that on pre-holiday days the duration of the working day must be reduced by one hour (Article 95 of the Labor Code of the Russian Federation). And besides, you can control that the number of overtime during the year does not exceed 120 hours (Article 99 of the Labor Code of the Russian Federation).
How to choose an accounting period
Summary accounting is based on the fact that the employer has the right to increase the "control", that is, the accounting period, from one week up to a year (Article 104 of the Labor Code of the Russian Federation). The accounting period is determined by the specifics of production. There are industries in which the workload on staff is seasonal. For example, for boiler room attendants, the main peak of employment falls on the heating season, and for security guards at an educational institution - from September 1 to June 30. In such cases, vacations are planned for the duration of the production "lull". And the accounting period is chosen so that its duration obviously exceeds the period of intensive work. In our examples, this reference period will be a year. The meaning of a long accounting period is to minimize overtime within its limits, to smooth out the seasonal overload of the employee. You can set the usual accounting period for these employees - a month. After all, work schedules will have to be drawn up immediately for the entire accounting period (clause 3 of Resolution No. 65). And planning the employment of specific employees for the long term is a thankless task.
One more detail should be paid attention to: for the enterprise as a whole, only the duration of the accounting period and the date of its introduction are established. And for each newly hired employee, the accounting period will be counted from the moment he was hired. Accordingly, for him it is necessary to determine the normal number of working hours on an individual basis.
Features of remuneration of duty officers
Wages based on monthly salary for those on duty with a summarized account of working hours are not quite suitable. It unnecessarily complicates the work of accounting and does not fully take into account the economic interests of employees. It is much more practical to apply a shift rate, especially in situations where the schedule is compressed to replace an absent worker. The rate applies to the shift as a whole. The daily shift is not divided into day and night parts. You don't have to pay extra for night work. In addition, there are no problems with payment for an incompletely worked month.
Overtime - to expenses
Overtime hours can only be identified at the end of the accounting period. They are paid at an increased rate: for the first two hours - no less than one and a half times, for the next hours - no less than double (Article 152 of the Labor Code of the Russian Federation). Overtime hours are recorded in the personal account of the employee - according to columns 26 and 27 of the unified form No. T-54. A long accounting period will be unprofitable for the employer if a large amount of overtime for a double tariff accumulates. Such a consideration would be an argument in favor of a short-term monthly reference period.
The question arises: is it possible to include overtime in labor costs for profit tax purposes? The Ministry of Finance in a letter dated February 2, 2006 No. 03-03-04 / 4/22 gives a positive answer to it. But the employer has the right to take into account such expenses, including those beyond 120 hours, only if the obligation to work overtime is provided for by the employment contract.
line number Indicators Calculation procedure If 40 hours a week If 36 hours a week 1 2 3 1 Set weekly working hours, hours Management decision 40 36 2 Annual fund of working time for one post (responsibility center), hours 24 hours x 365 days 8760 8760 3 Norm of working time per employee per year, hours according to the production calendar of the 5-day week 1980 1781,6 4 The need for workers, people page 2 / page 3 4,4 4,9 5 The duration of the employee's annual paid leave, hours 28 days / 7 days x page 1 160 144 6 The norm of the employee's working time for the year, taking into account the vacation, hours page 3.– page 5 1820 1637,6 7 The need for employees, taking into account planned vacations, people page 2 / page 6 4,8 5,3 8 Headcount, units rounding to whole units page 7 5 5 9 Annual resource of working time of full-time personnel, hours page 8 x page 6 9100 8188 10 Overtime per year for all staff, hours page 2 – page 9 340 572 11 Overtime per year per full-time employee (on average), hours page 10 / page 8 No 114,4
it is importantThe norm of working time for certain periods is calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday, based on the following duration of daily work (shift):
- with a 40-hour work week - 8 hours,
- if the duration of the working week is less than 40 hours - the number of hours obtained by dividing the established duration of the working week by five days (clause 2 of Resolution No. 65).
it is importantThe rule on the postponement of days off coinciding with holidays does not apply to a round-the-clock operating unit (Resolution No. 65). But if the shift falls on a non-working holiday, then it is paid at a double rate (Article 153 of the Labor Code of the Russian Federation).
Sometimes you have to work
on weekends, holidays during the day and even at night. For such work, of course,
increased pay. But in what size - we will tell in our article.
Pay for work on weekends and holidays
Such work is paid at least twice the amount (Article 153 of the Labor
Code of the Russian Federation):
- employees who have a fixed salary - at least one day or hourly
rates in excess of salary if they worked on a weekend or holiday within
monthly norm of working time, and in the amount of not less than double the hourly or daily
rates in excess of salary, if they worked these days in excess of the monthly rate;
- employees who are paid at daily and hourly rates - do not
less than double such rates;
- pieceworkers - not less than double piece rates.
If only part of the working day falls on a weekend or non-working holiday
shifts, then double the hours worked on such days are paid. About
this is stated in paragraph 2 of the clarifications of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated
August 8, 1966 No. 13 / P-21 "On compensation for work on holidays."
It is easy for pieceworkers and timeworkers to determine the amount of the surcharge. But to determine
the amount of such an additional payment to an employee receiving a monthly salary must be kept
accounting of working time: within the limits of normal duration and hours worked
above the established norm.
EXAMPLE
A hospital doctor has a monthly salary of 15,000 rubles. According to production
calendar during the month, the employee had to work 21 working days
(168 hours).
However, one weekend he had to go to work for three hours.
The fee for this work will be:
(15,000 rubles: 168 hours) x 3 hours x 2 = 535.71 rubles.
At the request of an employee who worked on a weekend or non-working holiday,
he is given another day of rest (Article 153 of the Labor Code of the Russian Federation). Then
payment for a weekend or holiday is made in a single amount, and the day of rest
not paid at all.
Moreover, keep in mind that Article 153 of the Labor Code of the Russian Federation does not establish that the duration
additional rest should correspond to the duration of work on the day off
or holiday.
Therefore, even if the health worker worked on a weekend or holiday just a couple
hours, he should be given a whole day off.
Payment for night work
Night work is from 10 p.m. to 6 a.m. (Article 96 of the Labor Code
RF).
Each hour of such work is paid at an increased rate, which is established
employer. However, it cannot be less than that established by law.
(Article 154 of the Labor Code of the Russian Federation).
Thus, the size of allowances for medical workers is established by the decree of the Ministry of Labor
Russia dated June 8, 1992 No. 17 “On the amount of allowances and additional payments for healthcare workers
and social protection of the population”.
According to paragraph 2 of this document, the amount of allowances for each hour of work
at night is:
"HR officer. Labor law for a personnel officer", 2012, N 7
LEGAL REGULATION OF DUTIES WITHIN THE FRAMEWORK OF LABOR RELATIONS
It should be noted that at present the Labor Code of the Russian Federation does not have such a legal category as duty. However, in Soviet times, the duty was regulated at the level of a by-law, which is the Decree of the Secretariat of the All-Union Central Council of Trade Unions of April 2, 1954 N 233 "On duty at enterprises and institutions." To date, there is no regulatory legal act that cancels this Decree, therefore it continues to operate in the part that does not contradict the Labor Code of the Russian Federation.
In accordance with this act, duty is defined as processing in excess of the established working hours, which is not recognized as overtime work and is not subject to increased pay, but is compensated by "time off", since during duty the employees do not perform their direct labor duties, but perform actions in favor of the employer aimed at resolving current urgent issues of an organizational nature, as pointed out by many scientists: A. V. Yarkho, A. A. Klyuev, Yu. N. Korshunov, R. Z. Livshits, M. S. Rumyantseva, K. N. Gusov, V. N. Tolkunova, E. Gershanov, V. Nikitinsky. A similar position is now held by some specialists in the field of labor law.
An analysis of modern normative legal acts in the field of working hours has shown that the rules for engaging in duty are established by law only in relation to certain categories of workers. As an example, we can cite: Federal Law No. 151-FZ of August 22, 1995 "On emergency rescue services and the status of rescuers" (as amended on November 25, 2009); Order of the Ministry of Railways of the USSR of September 18, 1990 N 8TsZ "On the Enactment of Specific Regulations on Working Time and Rest Time for Certain Categories of Railway and Metro Workers Directly Related to Ensuring Train Traffic Safety and Passenger Service" (as amended on March 5, 2004); Letter of the Ministry of Education and Science of Russia dated October 26, 2004, etc.
The concept of "duty"
The concept of "duty" is used in normative legal acts in several meanings.
Firstly, duty may involve the performance by the employee of his usual labor duties within the framework of the profession, qualification, position within the limits of the work shift established for him. In this case, we are talking about duty under an employment contract. As I. V. Alenina rightly notes, "the term "duty" is used here due to the established traditions of legal regulation" . For example, in the legislation, duty calls the activities of medical workers, security guards, workers on duty on river and sea transport, members of emergency teams of public utilities, etc. This kind of duty does not require any specific regulation; and paid in accordance with the established procedure.
Secondly, duty may involve the performance of work not related to the employee's labor function, aimed at resolving current urgent organizational issues. The time of this duty is not recognized as working time, but is compensated by time off. This type of duty, as noted, is regulated by the only normative act of 1954.
The Decree of the Secretariat of the All-Union Central Council of Trade Unions states that workers can be called on duty only in exceptional cases and in agreement with the trade union committee. What is considered "exceptional cases" is not specified in the Resolution. This document defines the functions that should not be assigned to those on duty.
These include: work on the protection of the object, checking passes at the entrance and exit from the organization, receiving mail. And nothing is said about the functions that should be assigned to employees.
It seems that these should be functions to control the maintenance of order in the organization and to promptly resolve emerging urgent issues that are not part of the employee's job duties, in the following cases:
Production of works, the suspension of which is impossible due to production and technical conditions;
Production of work caused by the need to serve the population, as well as urgent repair and loading and unloading operations;
The need to perform unforeseen work in advance, on the urgent implementation of which the normal operation of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.
Despite the fact that during the duty the employee does not fulfill his labor duties, it should be included in working hours. In a different approach, duty is considered as overtime work.
In passing, I would like to note that the Decree of the Secretariat of the All-Union Central Council of Trade Unions of 1954 cannot currently be recognized as a legal act, since it was adopted by a public body - the All-Union Central Council of Trade Unions. Therefore, this act should be officially canceled, and the norms governing the duty should be included in the Labor Code of the Russian Federation, since the need for organization of duty is an objective reality and they need legal regulation.
In the legal literature, the opinion was expressed that the rules on duty should be developed at the level of a local act, which should define the concept and goals of duty, the procedure for attracting employees to duty, the rights and obligations of the duty officer, compensation for duty.
However, it seems that in order to uniformly apply the duty in practice, it is advisable to legalize the norms governing it at the level of the Labor Code of the Russian Federation, while at the same time recognizing the Decree of the Secretariat of the All-Union Central Council of Trade Unions as invalid.
In this regard, the introduction of a special rule on duty into the Labor Code of the Russian Federation is a practical necessity.
I suggest...
Make changes to the Labor Code of the Russian Federation
The Labor Code of the Russian Federation should be supplemented with a special article "On duty in the organization" with the following content:
Duty is the presence of an employee in an organization by order of the employer before or after the end of the working day, as well as on weekends and holidays in order to ensure control over the order in the organization and to promptly resolve emerging urgent issues that are not part of the normal duties of the employee, in cases: production of works, the suspension of which is impossible due to production and technical conditions; works caused by the need to serve the population, as well as urgent repair and loading and unloading operations; the need to perform unforeseen work, on the urgent implementation of which the normal operation of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.
Involving employees on duty may not exceed once a month, unless otherwise established by this Code, federal laws and other regulatory legal acts of the Russian Federation.
It is not allowed to involve pregnant women, employees under the age of 18, other categories of employees in accordance with this Code and other federal laws. Involving disabled people, women with children under the age of three years on duty is allowed only with their written consent and provided that 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. acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse to participate in administrative duties against signature.
The duration of duty or work together with duty cannot exceed the normal length of the working day (shift) established for this category of workers.
In the case of being called to duty after the end of the working day, the attendance for work is postponed to a later time, so that the duration of the duty cannot exceed the normal length of the working day (shift).
It is not allowed to involve the employee on duty immediately after the shift that the employee has fully completed, as well as to involve him in work immediately after the end of the duty. Between the duty and the work shift, the employee must be provided with rest time, as a general rule, not less than twice the duration of the work shift.
Involvement on duty on working days is included in working hours and is paid in the amount of average earnings. Duty on weekends or non-working holidays, night time are compensated according to the general rules established by this Code.
Specific amounts of remuneration for duty are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.
Bibliographic list
1. Yarkho A. V. Rest time. Moscow: Profizdat, 1987.
2. Klyuev A. A., Yarkho A. V. Profaktivu on control over working time and rest time (legal issues). Moscow: Profizdat, 1957.
3. Korshunov Yu. N., Livshits R. Z., Rumyantseva M. S. Soviet labor legislation. M.: Profizdat, 1976. 512 p.
4. Gusov K. N., Tolkunova V. N. Labor law in Russia: Proc. 2nd ed., additional, isp. M.: Lawyer, 2000. 480 p.
5. Gershanov E., Nikitinsky V. Main issues of the Soviet labor legislation. M.: Profizdat, 1966. 256 p.
6. Alenina I. V. Organization of shifts at enterprises // Personnel decisions. 2006. N 3.
7. Shishkina KV Duty in the organization: some problems of legal regulation // Bulletin of the Udmurt University: Electronic scientific journal. 2010. Series 2: Economics and Law. Issue. 4. P. 133 - 137. URL: vestnik. udsu. ru.
The Federal State Budgetary Scientific Institution has a job that requires going to work on weekdays and on weekends (as duty) how to issue documentation for employees so that they work on weekdays and go out as duty?
Answer
- familiarize the employee with his right to refuse work (if necessary);
Related materials:
The rationale for this position is given below in the materials of the "Personnel System" .
"General Procedure
How to attract an employee to work on a weekend or holiday
To attract employees to work on a weekend or holiday, you need to:
- issue an order to attract an employee to work;
- familiarize the employee with his right to refuse work (if necessary);
- obtain the written consent of the employee to work on a weekend or holiday (if necessary);
- take into account the opinion of the trade union (if it exists in the organization).
Question from practice: whether it is necessary to indicate the time of the lunch break in the order to attract an employee to work on a weekend or holiday
There is no obligation. At the same time, it is recommended to indicate a specific time of work and rest on a non-working day in order to exclude all controversial points. Especially if a person is not attracted to work for a full day, but only for a few hours.
If an employee is involved in work on a weekend or holiday for several hours, then their number must be reflected in the order. Moreover, if the number of hours, for example, is more than half of the standard working time, then it makes sense to set a break for rest and meals (). The break time in such a situation must also be reflected in the order, since it is not included in working hours and will not need to be paid (, Labor Code of the Russian Federation).
If an employee is hired full-time, then in general it is assumed that he works according to his standard schedule with the usual break for rest and meals, which is established by the Labor Regulations or the employment contract. In this case, the work time is often not indicated, but simply the date of engagement to work on a weekend or holiday is written. At the same time, in order to avoid disputes with the payment of the break time, it is recommended that the time of work and lunch be reflected in the order for this case as well.
Employee Consent
How to issue an employee's consent to work on a weekend or holiday
The Labor Code of the Russian Federation does not say how to formalize the consent of an employee to work on a day off (holiday). In particular, this can be done in one of the following ways:
- in the form of an employee's application in any form;
- in the form of an employee’s mark on the order to engage in work on a weekend or holiday: “I agree to engage in work.”
Question from practice: Is it possible to hold an employee liable for absenteeism from work on a weekend or holiday? The employee gave written consent to unscheduled work, but was not familiarized with the order due to the fault of the administration
No.
To involve an employee to work on a weekend or holiday, you must obtain his written consent, as well as issue an order for unscheduled work (). In this case, the employer is obliged to familiarize the employee under signature with such an order (). If the employee was not familiar with the order, then the employer did not create conditions for observing labor discipline (). In such a situation, the absence of an employee at work on his day off cannot be considered absenteeism and the employer has no reason to bring the employee to disciplinary responsibility ().
The legality of such a position is also confirmed by judicial practice (see, for example,).
Notice of right of withdrawal
In what cases should an employee be notified of the right to refuse to work on weekends and holidays?
A notice (message) on the right to refuse to work on a weekend or holiday must be issued if the following are involved in the work:
- disabled people;
- women with children under the age of three;
- mothers and fathers raising children under the age of five without a spouse;
- employees with disabled children;
- employees caring for sick members of their families in accordance with a medical report.
Such rules are spelled out in articles and the Labor Code of the Russian Federation.
Question from practice: how to notify an employee of the right to refuse to work on weekends and holidays
The legislation does not say how and by what document it is necessary to notify the employee of the right to refuse to work on weekends and holidays. It is only important that it be a written document ().
Some organizations have this practice. The employee writes by hand on the order to engage in work on a weekend or holiday: “I am familiar with the right to refuse work.” However, within the meaning of labor law, it is desirable to notify the employee before issuing the order. Therefore, issue a notification in the form of a separate document and familiarize the employee with it under signature.
Trade Union Opinion
Is it necessary to take into account the opinion of the trade union when attracting employees to work on weekends and holidays
If the organization has a trade union, when attracting employees to work on weekends or holidays, its opinion should be taken into account. This is not required if the employee:
- called to work in cases where his consent is not needed for this;
- called to work to perform unforeseen work, on the urgent implementation of which the normal work of the organization or its unit depends in the future.
In addition, the consent of the trade union is not required to engage certain categories of employees. This refers to creative workers, media workers and other employees listed in Article 113 of the Labor Code of the Russian Federation and approved.
Such rules are established in the Labor Code of the Russian Federation.
Question from practice: whether it is necessary to draw up documents for engaging in work on a weekend or holiday if the employee has an irregular working day
Yes need.
The procedure for engaging “ordinary” employees and employees who have an irregular working day to work on a weekend or holiday does not differ.
The peculiarity of the irregular mode is that employees can be involved in work outside the normal working hours (). In fact, this means that at times employees will work overtime. But this does not mean that employees who have an irregular day set can be freely (without completing the necessary documents) called on a weekend or holiday. When engaging them to work on a weekend or holiday, complete all the documents listed in the Labor Code of the Russian Federation ().
Question from practice: whether it is necessary to issue additional documents for attraction to work on Sunday, if this day is a working day for the employee according to the schedule
No, it doesn `t need.
In this case, it is not considered that the employee works on a day off.
As a general rule, the day off for all employees is Sunday (). However, in continuously operating organizations, employees can set days off on other days (). Accordingly, if, according to the schedule, Sunday is a working day for an employee, there is no need to draw up documents for engaging in work on a day off.
Question from practice: how to attract an employee to duty in the organization on a day off. Duty is not provided for by the official duties of the employee *
Involving an employee on duty on a day off is possible in exceptional cases and no more than once a month. Obtain the consent of the employee to be on duty and coordinate it with the trade union (if the organization has one). Engage to duty issue an order or an order for the organization. This follows from the provisions of Article 113 of the Labor Code of the Russian Federation, Resolution of the Secretariat of the All-Union Central Council of Trade Unions dated April 2, 1954 No. 233. The specified document is used insofar as it does not contradict the Labor Code of the Russian Federation.
The duration of duty on a day off cannot exceed the normal duration of the working day (shift) of the employee. At the same time, duty on a weekend or non-working holiday is compensated by payment in the usual (single) amount and the provision of rest days over the next 10 days according to the number of days on duty (,). In addition, since the current labor legislation provides for the possibility of choosing compensation for working on a day off: increased pay or the provision of a replacement day of rest, the employee has the right to claim for duty and for increased pay (). We recommend that you agree on a specific guarantee for duty with an employee.
For more information on how to involve an employee on duty at home on a weekend, see How to involve an employee on duty at home on a weekend. Duty is not provided for by the official duties of the employee.
Question from practice: how to attract an employee to duty at home on a day off. Duty is not provided for by the official duties of the employee
The Labor Code of the Russian Federation does not contain the concept of "home duty".
While on duty at home (for example, in case of an urgent call or the need to maintain communication over telecommunications networks, the Internet, etc.), the employee cannot use the specified time at his own discretion. Thus, the time of performance of labor duties (in particular, at home on a day off) refers to working time (Art. , Labor Code of the Russian Federation). It follows from this that the use of the labor of employees in the form of duty at home during non-working hours is a special case of engaging in work on weekends or holidays ().
Based on the above, the performance of work in the form of duty at home on a day off is possible according to the general rules for attracting employees to work on a day off. In the general case, such involvement is possible only with the consent of the employee ().
The procedure for payments for work on weekends and holidays, including in the form of duty, is established in the Labor Code of the Russian Federation.
At the same time, it is not required to follow the procedure for attracting employees to work on a day off if for an employee this day, in accordance with the duty schedule, is not a day off, and days off are provided to him on other days of the week. In this case, Saturday or Sunday are working days for the employee and are paid at the usual rate.
Similar explanations on the procedure for involving employees on duty at home on non-working days are given in and.
For more information on how to invite an employee to be on duty in the organization on a day off, see How to attract an employee to be on duty in the organization on a day off. Duty is not provided for by the official duties of the employee.
Weekend work on a business trip
What documents to draw up for work on weekends and holidays during a business trip
If necessary, the employer has the right to involve an employee who is on a business trip to work on a weekend or non-working holiday. Such an attraction should be drawn up in a general manner, that is, obtain consent if necessary and issue an order. In the time sheet for work on a weekend or holiday, reflect:
- the letter code "РВ" or the digital code "03" (when using unified forms of the time sheet);
- own designation (when using a self-developed form of the time sheet).
If the employer gave the employee an indication of the duration of work on a weekend (non-working holiday) day, then in the time sheet indicate the specific number of hours worked on such a day, and accordingly, pay only these hours at an increased rate. If the order for working on a day off does not indicate the specific number of hours that the employee was supposed to work on the day off (non-working holiday), then do not indicate the number of hours worked in the time sheet, since it is assumed that the employee worked all day, and pay for the work at an increased rate for the whole day.
It should be remembered that instead of increased pay for work on a weekend or non-working holiday, an employee has the right to claim time off and pay on a weekend or non-working holiday in the usual amount.
Such conclusions follow from the totality of the provisions of the Labor Code of the Russian Federation, the Regulation, approved, instructions, approved, and are confirmed.
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