Innovations in payment for work on weekends, holidays and at night. Work on weekends and holidays labor code 152 and 153 labor code of the Russian Federation
Work on weekends and holidays in 2020, pay at an increased rate or provide time off. In the article you will find the procedure for registering and paying for work on weekends and holidays in 2020.
How to pay for work on weekends and holidays in 2020
According to the rules of the Labor Code, for working on a weekend or holiday, an employee is paid a salary of no less than double (Article 153 of the Labor Code). But please note that the employer must double not only the salary, but all compensation and incentive payments that are included in the remuneration system. For example, a monthly bonus for long service. But don’t take into account quarterly and annual bonuses. Take into account payments accrued for the month in which the employee worked overtime. You can calculate payments to employees in the Bukhsoft program.
According to the rules for overtime, hours worked in excess of normal working hours on a day off or on a non-working holiday are not paid. The company has already increased pay for these hours at least twice as per the rules for weekends and holidays. The employee is not entitled to re-indexation of overtime.
The company pays overtime work on a regular day as follows:
- the first two hours of processing at least one and a half times the rate;
- subsequent hours are no less than double.
Who can be hired to work on weekends and holidays in 2020
Management may ask an employee to go to work on a weekend or holiday. To do this, you need to issue a written order. In addition, it is necessary to obtain the written consent of the employee (Article 113 of the Labor Code of the Russian Federation). Experts from the Glavbukh System spoke in more detail about how to issue an order for an employee to work on a day off.
The Labor Code has a special article 113, which gives the employer the right in some cases to call an employee on a day off or a non-working holiday. For example, if on a weekend you need to complete an urgent task, the completion of which depends on the normal functioning of the organization.
In emergency situations, the employee’s consent to work on a day off is not required (Part 3 of Article 113 of the Labor Code of the Russian Federation). Thus, an employee is obliged to go to work to prevent industrial accidents and accidents, eliminate the consequences of a fire, flood or other emergency situation. In all other cases, refusing to work on a day of rest is the employee’s right.
There are categories of employees who must be asked to go on their days off according to special rules. Namely (Articles 113 and 259 of the Labor Code of the Russian Federation): disabled people, women with children under three years old, single mothers or fathers with children under five years old, workers with disabled children or caring for a sick family member. They can work on a weekend or holiday only if three conditions are met. First, the employee is aware of his right to refuse additional work. Secondly, written consent was received from him to work on the day off. And finally, the third condition is that work is not prohibited for a person due to health reasons.
Work on a weekend or a non-working holiday is paid at least double the amount:
- for piece workers - no less than double piece rates;
- employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
- for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly norm working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working time standard.
Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.
Increased payment is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.
Pay on weekends and non-working days holidays creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.
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In accordance with Article 153 of the Labor Code of the Russian Federation, wages on weekends and non-working holidays are paid at least double the amount. Article 153 of the Labor Code of the Russian Federation also states that instead of double pay, an employee may be given an additional day off at his request. Based on Article 153 of the Labor Code of the Russian Federation, wages on weekends and non-working holidays for creative workers of the media, cinematography organizations, theaters and a number of others in accordance with the lists approved by the Government of the Russian Federation are determined by a collective agreement, local regulations or employment contract.
The functioning of any company occurs according to a certain schedule, which takes into account the specifics of the organization’s activities. Accordingly, the same principle applies to the people working in it. Each of them performs their functional duties with a certain frequency and has a period for rest and recovery.
Article 153 of the Labor Code of the Russian Federation stipulates the specifics of payment and compensation for the professional activities of people during the rest period, namely on personal days off and days declared general non-working days.
Circumstances that make it necessary to involve workers in their personal time arise regularly. Such situations can be either unforeseen or planned.
Any excess amount of work must be compensated by the company, including work performed during the rest period. This is stated in Article 153 of the Labor Code.
Every worker is provided. This possibility is determined by current regulations.
According to Article 113 of the Labor Code of the Russian Federation, it is prohibited to engage in labor during rest and recovery. To call a person to work during personal time, his consent is required. Everyone, with rare exceptions, can refuse to work on a day off.
A person can be required to perform work during rest if the following conditions are met:
- person's consent;
- familiarizing the employee with the reasons for calling, as well as his ability to refuse;
- informing the trade union body about this fact;
- issuing an order with appropriate content.
It is allowed to call someone to work without the person’s prior consent:
- eliminating the consequences of a disaster or accident;
- avoiding accidents, damage or loss of the organization’s property;
- a threat to the life and health of others, when to eliminate it it is necessary to immediately carry out a set of certain measures.
- raising children under three years of age;
- physically disabled workers, if their status is confirmed by a medical report;
- employees, the duration of the agreement with whom does not exceed two actual months.
Some workers are prohibited from being called upon to rest, even despite the given consent. These include persons under eighteen years of age.
What days are considered non-working days?
Article 112 of the Labor Code of the Russian Federation establishes a list of dates on which people are not allowed to perform their professional duties.
Such days are established by decision of government agencies. These include:
- break due to New Year's holidays – New Year, Christmas;
- specific dates - labor holiday, women's day and defenders of the Fatherland, country day, and unity of peoples.
Article 111 of the Labor Code of the Russian Federation established such a concept as a day off. Such a common day is Sunday. Another day off is determined by the company’s internal rules.
If a day off and a non-working day coincide, the day off is automatically transferred to the next working day.
By decision of the Government, weekends may be postponed to other days in order to rationally use labor.
It should be noted that these rules do not apply to everyone without exception, since there are instances whose functioning cannot be interrupted. This includes law enforcement and military structures, emergency medical care institutions, and organizations that provide electricity, gas, water, and food supplies.
How do you pay?
The specifics of remuneration for work in personal time are determined by Art. 153 of the Labor Code of the Russian Federation. Any specialist can be hired to work if he is not included in the category of prohibited workers.
But each of the workers carries out different types professional activity. Such differences lie in the specifics of the work performed. Accordingly, the payment principles differ from each other.
General provisions established the following forms of assessment and payment for work:
- Piecework form. In this case, the worker receives cash for a specific volume completed, for example, for the number of manufactured products.
- Hourly payment. It lies in the fact that the calculation takes into account the time during which a person was at his place of work and performed his functional duties.
- Fixed salary for position. A person receives a certain amount for periodically staying in his place and performing the established minimum duties.
The main principle of payment, which applies to all categories, is to make payments in double size, based on the amount taken per unit of calculation.
Another mandatory condition is to perform your duties in your personal time, since in companies with work time may fall on a weekend.
With piecework wages
Article 153 of the Labor Code of the Russian Federation established the principle of double pay in personal time for all employees.
This also applies to those who are paid on a piece-rate basis. Its essence lies in the fact that a person receives money for the amount actually completed. The length of time spent on this is not taken into account.
This principle applies to those specialists whose activities can be assessed on a quantitative basis, for example, an order picker, a turner, a digger, a timber feller.
For such and similar positions, unique units of calculation are established. Examples include the number of orders collected, parts manufactured, and land area processed.
If such a specialist performs work on his own time, the basis for payment calculations will be the double unit of the established calculation.
For time-based wages
The time-based salary principle applies to most positions. It lies in the fact that the employee receives money not for the actual volume, but for the time spent at his place of work, during which he is obliged to perform his functional duties.
This principle is characterized by the accounting of labor time. For workers in this case, the cost of a unit of time is determined, which can be one hour or a day. This also includes incentive payments that are made if the specialist is conscientious.
But the principle of double payment applies in this case as well. That is, if an employee went out on his personal time, the calculation will be based on the double cost of a unit of time, and the final result will depend on the total duration of functioning in his personal time.
Providing another day of rest
In addition to payment, Article 153 of the Labor Code of the Russian Federation provided for another type of compensation - providing the person who suffered another day for rest and recovery.
It should be noted that such a period is provided to a person only if he or she personally wishes.
The Code does not determine in what form the request should be submitted, but it is more correct to make a written request, since if this is not done, the manager may make payment and not provide additional time off.
In his application, the interested party must indicate which day he wants to take for personal purposes. If agreement is reached, the labor will be paid at normal rates, but will not be paid.
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Work on a weekend or a non-working holiday is paid at least double the amount:
for piece workers - no less than double piece rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.
Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.
Remuneration for work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.
Commentary on Article 153 of the Labor Code of the Russian Federation
1. For the procedure for being hired to work on weekends and non-working holidays, see Art. 113 TC and commentary to it.
2. The commented article establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest.
The right to choose the type of compensation belongs to the employee. Since employment on weekends and non-working holidays is, as a rule, possible only with the written consent of the employee, it is advisable to also determine the type of compensation. In the absence of a written application from the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, payment in an increased amount is made.
3. If an employee chooses increased payment, it will be paid at least twice as much. The procedure for determining the amount of payment depends on the remuneration system:
with a piecework payment system, piecework prices are applied, increased at least twice;
with a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice;
with a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the limits of the monthly working time standard, an additional payment is established to the official salary in the amount of no less than the hourly or daily tariff rate;
under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out in excess of the monthly working time standard, an additional payment is established to the official salary in the amount of at least double the hourly or daily tariff rate.
The specific amount of payment for work on weekends or non-working holidays is established in accordance with Part 2 of the commented article in the collective agreement, local regulations or in the employment contract. If such an amount is not established by contract, payment should be made in accordance with the commented article in double the amount.
In any case, hours actually worked on a weekend or non-working holiday are subject to increased pay.
4. When an employee chooses compensation in the form of another day of rest, the time of use of this day must be agreed upon with the employer. Using another day of rest without agreement with the employer should be considered a violation of labor discipline by the employee.
Since working on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an entire additional day of rest should be provided. An additional day of rest is not subject to payment.
5. Remuneration for work on weekends and non-working holidays is established in such a way that, together with it and other compensation and incentive payments, the amount wages an employee who has fully worked the standard working hours and fulfilled the labor standards was not lower than the minimum wage (see Determination of the Armed Forces of the Russian Federation of May 2, 2010 No. 8-B10-20).
6. Special rules for remuneration on weekends and non-working holidays are established for creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance ( exhibiting) works, whose professions and positions are established by Decree of the Government of the Russian Federation of April 28, 2007 N 252. On the one hand, the nature of the activities of such workers and such organizations presupposes their work on weekends and holidays, on the other hand, these workers are treated equally To other extents, guarantee standards of labor legislation apply. Based on this, Part 4 of the commented article provides that the increase in wages for these persons on weekends and non-working holidays is established by an employment contract, collective agreement or local regulations of the organization, but is not limited to the minimum amount.
7. In accordance with paragraph 3 of Art. 11 of the Federal Law of June 7, 2013 N 108-FZ “On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation” recruitment and remuneration on weekends and non-working holidays, employees of FIFA, FIFA subsidiaries, FIFA counterparties, confederations, national football associations, the Russian Football Union, the Organizing Committee "Russia-2018", its subsidiaries, whose work activities are related to the implementation of events, are allowed in the manner established collective agreement, local regulatory act, employment contract. At the same time, the requirements of Art. Art. 113 and 153 TK.
Another commentary on Article 153 of the Labor Code of the Russian Federation
The amount of payment for work on weekends and non-working holidays (for the period from 0 to 24 hours) cannot be lower than that established in Part 1 of this article.
Payment for work on weekends and non-working holidays for employees who have a fixed salary has certain specifics. Such employees are paid for work on holidays or weekends:
Not less than a single hourly or daily rate in addition to the salary, if work on such a day is included in the standard working hours for a given month;
Not less than double the daily or hourly rate in addition to the salary, if the work on such a day was carried out in excess of the monthly working hours.
In order to determine whether to pay single or double pay for work on weekends and non-working holidays for employees whose salary is established, it is necessary to find out whether the work on the holiday was carried out within or in excess of the monthly working hours. This depends on the specifics of the organization’s activities, and the norm of working days and hours established by the production calendar does not matter.
According to paragraph 1 of the explanation of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 N 13/P-21, which, according to Art. 423 Labor Code continues to operate, work on holidays:
1) is performed within the monthly working hours and is paid in a single amount:
In continuously operating organizations;
Organizations using summarized working time recording. Let us recall that summarized recording of working time, in particular, can be used during shift work, in organizations using a rotational method of organizing work, as well as on public transport;
2) is performed in excess of the monthly working hours and is paid double in all other organizations, regardless of whether the working days in a particular month are fully worked or not.
Work on weekends and non-working holidays is not considered overtime if it does not exceed the duration of daily work established by the internal labor regulations for this category of employees. Hours worked beyond this duration are considered overtime. However, work during such hours is paid at the same rate as work on a holiday, i.e. no less than double the amount for each hour of overtime work.
Specific amounts of payment for work on weekends and non-working holidays in accordance with Part 2 of the commented article are established by the employer not independently, but by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract, which corresponds to the basic principles of labor law a combination of state and contractual regulation of labor relations and other relations directly related to them, social partnership, including the right to participation of workers, employers, and their associations in the contractual regulation of labor relations and other relations directly related to them.
With the consent of an employee who has worked a day off or a non-working holiday, he may be given another day of rest. In this case, work on a holiday is paid in a single amount, but a day of rest is not subject to payment.
The Labor Code also provides for the possibility of payment for work on weekends and non-working holidays for a number of categories of creative workers on the basis of an employment contract, collective agreement or local regulatory act of the organization. List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, features labor activity which are established by the Labor Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.
Work on a weekend or a non-working holiday is paid at least double the amount:
for piece workers - no less than double piece rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.
Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.
Increased payment is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.
Remuneration for work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.
Commentary to Art. 153 Labor Code of the Russian Federation
1. Compensation established by law for work on weekends and non-working holidays may be in the form of additional payment or provision of additional rest time.
2. The law establishes only a lower limit of wages for work on weekends and non-working holidays - separately for piece workers and separately for time workers, taking into account the types of time-based wage system (hourly, daily or monthly).
3. Specific amounts of remuneration for work on weekends and non-working holidays are established by collective and individual contractual means, by local regulations adopted taking into account the opinion of the representative body of workers (see).
Second commentary to Article 153 of the Labor Code
1. This article has not undergone significant changes. The amount of payment for work on weekends and non-working holidays may be provided for in agreements, collective and labor contracts, but in all cases it cannot be lower than that provided for in Art. 153.
2. Piece workers are paid for products produced during all actual working hours that fall on a weekend or non-working holiday at no less than double piece rates. This product (performed operations) is paid at least twice as much even in the case where increased piece rates are used to pay for it (for example, with a progressive piece rate system).
3. The rules for remuneration for work on weekends and non-working holidays under a time-based wage system differ depending on what type of tariff rate is used for remuneration. If payment is made on the basis of an hourly or daily tariff rate, then when calculating earnings they are taken into account at least twice the amount for the time actually worked on holidays.
For employees receiving a monthly salary, hourly or daily rates must be determined to pay for work on weekends and non-working holidays. In addition, in this case it is also important to establish whether the work was carried out within the monthly working time norm or in excess of this norm. The amount of payment for this work depends on this circumstance. If the work was included in the standard working hours for a given month, then in addition to the salary, payment for such work is made at least in the amount of a single hourly or daily rate. The issue is resolved differently when work on weekends and non-working holidays was carried out in excess of the monthly working time norm. In this case, in addition to the salary, the employee must be paid at least double the daily rate, or the working hours actually worked on the holiday must be paid at double the hourly rate.
4. Article 153 provides for the possibility of replacing increased pay on weekends and non-working holidays with another day of rest. How is the issue of payment resolved in this case? Payment for work on a non-working holiday is made in a single amount, and a day of rest is not subject to payment.