Weekends according to the Labor Code of the Russian Federation. Work on weekends and holidays: regulations and documents in accordance with the Labor Code of the Russian Federation (LLC)

All employees are provided with days off (weekly continuous rest). With a five-day working week employees are provided with two days off per week, and in a six-day work week, one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations.

Commentary to Art. 111 Labor Code of the Russian Federation

1. Providing an employee with days off (weekly continuous rest), except for a general day off - Sunday, depending on his work schedule, is determined by a collective agreement or internal labor regulations.

2. Involvement in work on weekends is possible only in exceptional cases, with the provision of appropriate guarantees and compensation (see commentary to Article 113 of the Labor Code of the Russian Federation).

Second commentary to Article 111 of the Labor Code

1. Article 111 of the Labor Code of the Russian Federation resolves the following issues:

1) provision of days off depending on the type of working week;

2) a general day off;

3) the procedure for providing days off if it is impossible to provide them to all employees of the organization at the same time.

2. Differences in the types of working week (five-day, six-day) predetermine differences in the number of days off provided to employees.

3. Part 2 art. 111 establishes a general day off - Sunday.

In a five-day work week, the second day off may precede Sunday (Saturday) or follow it (Monday). As a rule, with a five-day work week, days off are provided consecutively. The definition of the second day off is made in the internal labor regulations or in collective agreement.

4. Due to production, technical and organizational conditions, a long-term (on weekends) suspension of work may be impossible. In such organizations, in accordance with the internal labor regulations, days off are provided to employees on different days weeks in turn for each group of workers.

Based on the internal labor regulations, this issue is resolved during specific periods of time (within the accounting period) by work schedules (shifts).

5. In part 3 of Art. 111 of the Labor Code of the Russian Federation provides for the continuity of the organization’s work and the alternate provision of days off to employees in connection with the specific production, technical and organizational conditions existing in organizations.

Labor Code of 1971 (Article 62) provided for a special procedure for establishing days off at enterprises, institutions, organizations where work cannot be interrupted on a general day off due to the need to serve the population (shops, enterprises consumer services, theaters, museums, etc.).

The need for such organizations to operate on general weekends remains.

Currently, shops, consumer services enterprises and many others that directly serve the population are mainly privately owned. The hours of work and rest in them are determined by the owner or his authorized representative.

When determining the operating mode of large organizations serving a significant number of the population, it is necessary to maintain the participation of local governments. As a rule, they make proposals, recommendations on this issue, or in their acts provide for the right of the private sector to resolve this issue independently.

6. Employees on business trips are subject to the working hours and rest periods of the organizations to which they are sent. In this regard, they must use days off at the place of business trip. Weekends not used during a business trip cannot be replaced with other rest days upon return.

If an employee goes on a business trip specifically for the weekend, then they are provided upon return from the business trip.

7. If there is a holiday non-working day with a day off, this day off is transferred to the next working day after the holiday (see Part 2 of Article 112 of the Labor Code of the Russian Federation).

8. Working on weekends is, as a rule, prohibited (see Part 1 of Article 113 of the Labor Code of the Russian Federation).

The prohibition of hiring employees to work on weekends applies to all working hours and rest periods, including work on a shift schedule, in which these days are also marked as non-working days. Since a five-day week provides two days off, this prohibition applies equally to each of these days.

In exceptional cases, when work on weekends is permitted by law, it is paid at an increased (at least double) rate (see Part 1 of Article 153 of the Labor Code of the Russian Federation).

At the request of an employee working on a day off, he may be given another day of rest, which is not subject to payment (see Part 2 of the same article).

9. The Code provides for additional days off for persons caring for children, disabled people and people with disabilities since childhood, as well as women working in rural areas (see Article 262 of the Labor Code; see also Explanation on the procedure for providing and paying additional days off per month one of the working parents (guardian, trustee) to care for disabled children, approved by the Resolution of the Ministry of Labor of the Russian Federation and the Fund social insurance RF dated April 4, 2000 N 26/34 // Bulletin of normative acts. 2000. N 23. P. 44).

By Decree of the same bodies dated April 15, 2002 N 26/40, changes were made to it (see Bulletin of the Ministry of Labor of the Russian Federation. 2002. N 5. P. 15).

If one of the child’s parents is in an employment relationship with the employer, and the other is not in such a relationship or independently provides himself with work (for example, individual entrepreneur, private notary, private security guard, lawyer, head or member of a peasant or farms, tribal, family communities of indigenous small peoples of the North engaged in traditional economic sectors, etc.), four additional paid days off per month for caring for disabled children and people with disabilities from childhood until they reach the age of 18 are provided to a parent who is in the labor force relations with the employer upon presentation of a document (copy) confirming that the other parent is not in an employment relationship with the employer or is a person who independently provides himself with work (Article 3).

10. For additional days of rest for donors, see Art. 186 Labor Code of the Russian Federation.

11. On additional days off from work provided to employees entering the educational institutions and those studying in them, see Art. 173 - 176 Labor Code of the Russian Federation.

Non-working holidays in Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees, with the exception of employees receiving a salary (official salary), for non-working holidays where they were not involved in work, additional remuneration is paid. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not grounds for a reduction wages employees receiving a salary (official salary).

In order to rational use For employees on weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of weekends to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Commentary on Article 112 of the Labor Code of the Russian Federation

1. At the request of religious organizations, the relevant government bodies of the Russian Federation have the right to declare Religious holidays non-working (holiday) days in the relevant territories (clause 7 of article 4 of the Federal Law of September 26, 1997 N 125-FZ “On freedom of conscience and religious associations”).

2. On non-working holidays, employees are released from work. On these days, only work in continuously operating organizations is allowed, to perform urgent repair and loading and unloading work, as well as work related to the need to serve the population. Moreover, they are involved in performing such work without the consent of the elected body of the primary trade union organization.

For other cases of being hired to work on non-working holidays, see Art. 113 TC and commentary to it.

3. In continuously operating organizations, as well as in the case of cumulative accounting of working time, work on non-working holidays is included in the monthly standard of working time.

4. Some constituent entities of the Russian Federation have established additional holidays. Thus, in the Republic of Bashkortostan, the holiday is October 11 - Republic Day, December 24 - Constitution Day of the Republic of Bashkortostan.

5. Work on a non-working holiday is paid no less than double size. At the request of an employee who worked on a non-working holiday, he may be given another day of rest.

6. If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

7. According to Art. 268 of the Labor Code prohibits hiring workers under 18 years of age to work on weekends and non-working holidays; an exception is established only for creative workers (for example, theater workers, etc.).

8. In accordance with Art. 290 of the Labor Code, employees who have entered into an employment contract for a period of up to 2 months can, within this period, be involved with their consent to work on weekends and non-working holidays. They are compensated for this work not by time off, but in cash at least double the amount.

9. The employer is obliged to pay employees, with the exception of those receiving a salary (official salary), for non-working holidays on which they were not involved in work, additional remuneration. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. The costs of paying such remuneration are included in the full amount of labor costs.

10. The employer does not have the right to reduce the wages of employees receiving a salary (official salary) due to the presence of non-working holidays in a calendar month.

11. Non-working holidays, professional holidays and memorable dates are listed below.

Every working person has the right to rest days: holidays and weekends. They are characterized by the fact that the employee is exempt from labor responsibilities and can use this time for his own personal purposes.

What is a day off

A day off is time interval, designed for relaxation between working days. The duration of continuous rest cannot be less than 42 hours. A day off is considered to be the end of the working day before the day off and the start of a new work shift.

All organizations are required to comply with this rule, regardless of the type of activity applied. An employee's rest days depend on the shift schedule and work schedule. An employee’s right to a day off is determined by employment contract and internal labor regulations.

If an organization operates on a 5-day work week, then employees have the right to two days off, and with a 6-day work week - one day. For any number of working days per week, the total day of rest is Sunday.

The organization determines one more day off in local regulations, before or after Sunday. But they can prescribe it on any other days.

Working on weekends may be only in exceptional cases. In this situation, rest is provided on any other day over the next two weeks.

What days are considered holidays?

Every working person dreams of long weekends and holidays. Calculate time to visit relatives, go out of town, take part in small trips and pay more attention to your loved ones. Our legislators are counting on this by providing the working population with at least 3 days of rest in a row throughout the year.

2018 consists of 365 calendar days. These include:

• working days – 247;
• holidays and weekends – 118 (20 holidays, 98 weekends).

Let's celebrate the holidays next dates:

1. New Year and Christmas holidays from 12/30/2017 to 01/08/2018
2. Holiday in honor of Defenders of the Fatherland from 23.02 – 25.02.2018
3. We celebrate International Women's Day from 03/08 – 03/11/2018.
4. Days of rest in honor of the Spring and Labor Festival from 04/29 – 05/02/2018
5. Holiday Victory Day – 05/09/2018
6. Celebration in honor of Russia Day from 10.06 – 12.06.2018
7. Weekend for National Unity Day from 03.11 – 05.11.2018

If a holiday coincides with a weekend, the rest day is transferred to the next working day.

Before the start of each holiday, the working day is considered shortened. List of shortened workdays:

• 02.2018;
• 03.2018;
• 04.2018;
• 05.2018;
• 06.2018;
• 12.2018.

At the legislative level, holidays are specified in the Labor Code in Art. 112. The Ministry of Labor also provided for the postponement of holidays falling on weekends in 2018.

For a better distribution of rest, it is proposed to swap rest days with working days, based on Government Decree No. 1250 of October 14, 2017:

• from Saturday 6.01 to Friday 9.03;
• from Sunday 7.01 to Wednesday 2.05.

Saturdays become working days, and Mondays become rest days in the following cases:

• from Saturday 28.04 to Monday 30.04;
• from Saturday 9.06 to Monday 11.06;
• from Saturday 29.12 to Monday 31.12.

The procedure for calculating wages for workers on rest days and holidays is regulated by Art. 153 Labor Code of the Russian Federation.

Conditions for hiring

Art. 113 of the Labor Code of the Russian Federation prohibits involving employees in performing work duties on holidays, but there are exceptions subject to certain conditions. The recommendations of Rostrud on the issue of working hours on holidays and weekends give following conditions:

1. If the employer has a reason to involve an employee in performing work duties on rest days, which is provided for in the current legislation.
2. Order in writing from the employer.
3. A written statement from the employee agreeing to go to work in his free time.
4. If there is a trade union at the enterprise, the act of taking into account the opinions of trade union members.

An employer’s basis for inviting an employee to work in his free time may be: following criteria:

1. An organization working with a continuous production cycle.
2. Those engaged in activities in the field of public services.
3. Organizations engaged in loading and unloading operations and construction and installation works.

But special attention is paid to working on weekends some categories of employees. These are disabled people, employees with children under three years of age. They apply following conditions:

1. For medical reasons, it is not prohibited to work on weekends.
2. Information message to the employee about the right to refuse to work on holidays.
3. Mandatory personal consent of the employee to perform work duties on holidays or weekends.
4. Specify in the order the reasons, duration and list of employees involved in performing work duties on holidays.

By law, employers do not have the right to call pregnant women and minors to work during their free time.

But there are cases when employee consent is not required. According to Art. 113 Labor Code of the Russian Federation, with following conditions:

1. Preventing unforeseen circumstances that could cause harm and damage to the organization’s property.
2. Carrying out work in connection with an emergency, as a result of a natural disaster or military action.

If an enterprise expects to call an employee to work in his free time, then it must be stipulated in the collective agreement and other internal regulations.

Remuneration with formulas and examples

IN Russian legislation compensation is provided for work in free time. These include:

1. An increase of double or more in salary.
2. Providing extra day time off (at the discretion of the employee).

Here are examples of calculating wages on weekends.

Piecework

Tailor Mikhina M.A. within a month, due to production needs, she was called to work on Saturday and Sunday to sew 3 suits. The price of one suit is 650 rubles. In a month (except for going out in her free time), she sewed 12 suits.

Formula for calculating piecework wages on weekends:

12 * 650 = 7800 rub. – salary accrued for 12 suits

3 * 650 * 2 = 3900 rub. – double salary accrued for work on weekends

7800 + 3900 = 11,700 rub. – accrued salary for the month

Official salary

During the month worked, the accountant worked on holidays from January 4 to January 6. The accountant's salary is 32,000 rubles, 17 working days.

32,000 / 17 * 2 = 3,765 rubles. – double wages for one day off

3765 * 3 days = 11,295 rub. – wages for holidays

32,000 + 11,295 = 43,295 rubles. – salary for the month worked

If an employee performed his work duties on a holiday for half a day, then he has the right to a full day of rest.

Hourly

Sales Managers Popov A.M. and Melikhova R.A. were called to work on March 8 and worked 5 hours each. The tariff rate (hourly) is 200 rubles. Popov A.M. refused time off, and Melikhova R.A. I decided to take advantage of the extra day of rest. Let's calculate the salaries of both managers:

For Popov, the salary was: 5 * 200 * 2 = 2000 rubles.

For Melikhova R.A., the salary was: 5 * 200 = 1000 rubles.

Performing work duties on holidays should not be in permanent form. This can only happen sporadically, with the registration of all conditions and procedures enshrined in the collective agreement and legal internal acts.

About overtime work, work on holidays and weekends - in this video.

All employees are provided with days off (weekly continuous rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations.

Comments to Art. 111 Labor Code of the Russian Federation

1. The employer is obliged to provide all employees with compulsory weekly rest, the duration of which cannot be less than 42 hours (Article 110 of the Labor Code).

The general day off for both 5- and 6-day working weeks is Sunday. Due to the fact that both days off in a 5-day work week are usually provided in a row, the second day off in practice, in accordance with the collective agreement or internal labor regulations, is Saturday or Monday.

When recording working time in summary (Article 104 of the Labor Code), days off are provided to employees in such a way as to ensure the standard duration of weekly continuous rest (Article 110 of the Labor Code) on average for the accounting period.

2. With a 5-day working week, employees are provided with 2 days off each calendar week, except for those weeks when on one of the days off the schedule is compensated for shortfalls up to the standard working hours. This occurs when the sum of hours for 5 work shifts is less than the weekly norm. The shortfall is compensated on one of two days off, which is declared a working day according to the schedule. Typically, the shortfall is repaid as it accumulates during the accounting period.

For all regular and short-time workers, schedules must maintain an annual balance of working and non-working hours.

The specific duration of weekly rest is determined by the type of working week and work schedule. With a 6-day working week, the duration of weekly rest corresponds to the established minimum.

With a 5-day work week, weekly rest exceeds 42 hours, since workers take 2 days off. If, due to production conditions, it is impossible to provide 2 days off in a row, then the second day of weekly rest is established in accordance with shift schedules or internal labor regulations.

3. If a day off coincides with a non-working holiday, the day off is automatically transferred to the next working day after the holiday (Article 112 of the Labor Code).

In connection with numerous questions related to the duration of work on a day off, transferred to a working day due to a holiday, the Russian Ministry of Labor clarified: in cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (Resolution of the Ministry of Labor of Russia of February 25, 1994 No. 19 “On approval of the explanation “On the duration of work on a day off, postponed due to a holiday to a working day”).

4. Article 262 of the Labor Code provides for the right of one of the parents of disabled children to be provided, upon his written application, with 4 additional paid days off per month, which can be used by one of the named persons or divided among themselves at their own discretion.

According to the explanation of the Ministry of Labor of Russia and the Federal Social Insurance Fund of the Russian Federation dated April 4, 2000 N 3/02-18/05-2256 “On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for disabled children” 4 additional paid days off for caring for disabled children and people with disabilities from childhood until they reach the age of 18 are provided per calendar month to one of the working parents (guardian, trustee) upon his application and are issued by order (instruction) of the administration of the organization on the basis of a certificate from the authorities social protection population about the child's disability, indicating that the child is not kept in a specialized children's institution(belonging to any department) on full state support. The working parent also submits a certificate from the other parent’s place of work stating that at the time of application, additional paid days off in the same calendar month were not used or were partially used.

In cases where one of the working parents has partially used the specified additional paid days off in a calendar month, the other working parent in the same calendar month is provided with the remaining additional paid days off for care.

Summation of additional paid days off provided for caring for disabled children or people with disabilities since childhood, for 2 months. or no longer permitted.

Additional paid days off not used in a calendar month by a working parent (guardian, custodian) due to illness are provided to him in the same calendar month, provided that the temporary disability ends in the specified calendar month.

5. For the provision of additional days off to persons combining work with study, see Art. Art. 173, 174 Labor Code and comments to them.

6. Women working in rural areas are given, at their request, 1 additional day off per month without pay (Article 262 of the Labor Code).

7. Employees on a business trip use weekly rest days at the place of the business trip, and not upon returning from it, because they are subject to the work and rest time regime of the organization that sent them. The exception is when, by order of the employer, the employee goes on a business trip on a day off; then, upon returning from it, he is given another day of rest.

In practice, this procedure is also applied in cases of going on a business trip by order of the employer on a non-working holiday.

8. In organizations where work cannot be interrupted due to the need to serve the population (shops, consumer services, theaters, museums, etc.), days off are established by local governments. When recording working hours in a summarized manner, weekly rest time is also summed up and provided on average for the accounting period.

9. An additional monthly day off may be granted without pay upon written application to one of the parents (guardian, trustee, foster parent) working in the Far North and equivalent areas with children under the age of 16.

Work on weekends Labor Code not allowed. However, there are some exceptions when employees may be required to perform work duties on weekends with or without their consent. We'll talk about them in our article.

Working on a day off according to the Labor Code of the Russian Federation

Every employee has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their days off. Involving them in additional work activities is possible if written consent to leave is obtained in advance. However, employees may refuse additional processing during non-working hours.

Work during additional hours must be documented accordingly. Necessary:

• obtain the employee’s written consent to go to work during holidays or weekends;
• familiarize the employee with the conditions of severance, including the right to refuse work in free personal time;
• notify the trade union body (if there is one);
• issue an order to perform overtime work, indicating the reasons, duration and persons involved.

Sometimes obtaining the employee’s consent to perform work duties on weekends is not required. These are possible subject to the following conditions in accordance with Art. 113 Labor Code of the Russian Federation:

• if it is necessary to prevent the occurrence of unforeseen circumstances that could lead to catastrophic consequences, including accidents or damage to the property of the enterprise;
• the need to perform the work arose due to an emergency situation, including caused by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with young children under 3 years old) are involved in overtime work only with their consent. It is prohibited to use it on weekends and by minors.

Possible options for attracting people to work in their free time must be specified in the collective agreement and other internal local acts.

You will learn information about the preparation of other local documents at the enterprise from the article “Agreement on collective liability - sample 2017” .

Working conditions on weekends and holidays

If there is a need for overtime work, management issues an order to involve employees who have agreed to perform the work. It records the start date for overtime work on weekends. Whenever emergency situations going to work on weekends and holidays can also occur by verbal order from management (before the order is issued).

Carrying out work on weekends by disabled people or women who have children under 3 years of age is possible not only with their written consent, but also provided there is no medical contraindications to work overtime.

NOTE! If an employee works under a fixed-term employment contract lasting up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent, even in the event of an emergency (Article 290 of the Labor Code of the Russian Federation).

Pay for work on days off

Employees are entitled to compensation for the use of personal time spent working overtime. They have the right to make a choice:

• or take an additional day off and receive payment for work on a day off in a single amount;
• or agree to double monetary compensation based on the current tariff rate or for piecework payment (Article 153 of the Labor Code of the Russian Federation).

For those employees who are entitled to a fixed monthly salary, payment for work on weekends and holidays is made based on the daily or hourly rate, if the monthly working time standard (according to the Labor Code of the Russian Federation) is not exceeded. If the monthly working time limits are exceeded, payment for additional work on holidays and weekends is calculated at double the rate.

If an employee has requested time off, he must write a corresponding application.

The rules for calculating additional compensation for weekends and holidays do not apply to those whose regular schedule includes the possibility of working on holidays and weekends: employees with irregular working hours or shift work.

All additional conditions can be specified in the internal regulations on remuneration, the procedure for filling which you will learn from the article “Regulations on remuneration of employees - sample 2018” .

Sample consent to work on a day off

The forms of the document confirming the receipt of the employee’s consent to work extra time are not approved by law. Each enterprise has the right to develop its own form.

A sample of an employee’s written consent to work on weekends and holidays can be downloaded on our website.

Results

In some situations work activity during periods intended for rest (holidays, weekends), it is necessary to maintain normal operation enterprises. However, in most cases, employees must voluntarily agree to perform work duties outside of normal working hours. Additional work on weekends is prohibited for certain categories of employees (pregnant women, minors).