Article of the labor code holidays. Weekend work according to the Labor Code (nuances)

The current version of Art. 111 of the Labor Code of the Russian Federation with comments and additions for 2018

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

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the internal labor regulations.

Commentary on Article 111 of the Labor Code of the Russian Federation

A day off is a day of the calendar week free from work, provided to the employee for rest. Taking days off is mandatory. In the event that the organization has a six-day working week, employees are given one day off, if five days - two days off.

________________
See: Commentary on the Labor Code of the Russian Federation / Ed. Yu.P.Orlovsky. M.: Contract; Infra-M, 2011.

At the same time, the legislator does not oblige to provide all employees with days off for two days in a row. In Art. 111 of the Labor Code of the Russian Federation contains only the rule that the general day off is Sunday, and the words that both days off are provided, as a rule, in a row (usually the second day off is Saturday, but it can also be Monday). The internal labor regulations may contain a different procedure for granting days off, while it is not necessary to provide them for all employees at the same time.

For example, the ruling of the Kaluga Regional Court dated March 17, 2014 in case No. 33-710/2014 established that the claim for the recovery of underpaid wages, compensation for non-payment of wages and compensation for moral damage was rightfully dismissed, since working days and days off are set in accordance with shift schedules that are brought to the attention of employees, while the plaintiff is given at least two days off weekly without reference to the days of the week, and therefore there are no grounds for paying double the amount of working days that fall on weekends.

The key factor here is the presence of certain production, technical and organizational conditions. In some organizations and institutions, work cannot be interrupted on a common day off due to the need for continuous operation (theaters, museums, etc.), therefore, days off are provided to employees of such institutions (organizations) on a certain day of the week that does not coincide with generally established days off.

________________
There.

The provision of a paid additional day off is provided for by the Labor Code of the Russian Federation only to one of the parents (guardian, caregiver) to care for disabled children (as well as those disabled since childhood) until they reach the age of 18 (). The number of additional days off provided per month is four. Payment for these days is made on the basis of average earnings calculated in accordance with the procedure approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922 "On the features of the procedure for calculating average wages."

Additional days off are provided at the written request of the employee and are issued by order (instruction) of the administration of the organization. If the employee does not use the right to additional days off in the current calendar month, additional days off to the next calendar month are not transferred and are not compensated. However, since the right to additional days off is granted to one of the working parents (guardians, custodians), in case of non-use of this right by one of the parents (guardians, etc.), these days can be provided to another working parent (guardian) in the same month . The procedure for granting and paying for additional days off is somewhat complicated and is not limited only to a written statement from the employee.

Order of the Ministry of Labor of Russia dated December 19, 2014 N 1055n approved the application form for granting one of the parents (guardian, trustee) additional paid days off to care for disabled children. In addition, Decree of the Government of the Russian Federation of October 13, 2014 N 1048 "On the procedure for providing additional paid days off for caring for children with disabilities" approved the Rules for providing additional paid days off for caring for children with disabilities. In accordance with these Rules, in order to provide additional paid days off, a parent (guardian, custodian) submits the following documents or their copies:
- a certificate confirming the fact of the establishment of disability, issued by the bureau (main bureau, Federal Bureau) of medical and social expertise;
- documents confirming the place of residence (stay or actual residence) of a disabled child;
- certificate of birth (adoption) of a child or a document confirming the establishment of guardianship, guardianship over a disabled child;
- a certificate from the place of work of the other parent (guardian, custodian) stating that at the time of the application the additional paid days off in the same calendar month were not used or partially used, or a certificate from the place of work of the other parent (guardian, custodian) stating that that this parent (guardian, custodian) did not receive an application for granting him additional paid days off in the same calendar month. Such a certificate is submitted in the original and is not required in cases where there is documentary evidence of the death of the other parent (guardian, custodian), recognition of him as missing, deprivation (restriction) of parental rights, imprisonment, his stay on a business trip for more than one calendar month or other circumstances indicating that the other parent (guardian, custodian) cannot take care of a disabled child, as well as if one of the parents (guardians, custodians) avoids raising a disabled child.

It should be noted that if there is more than one disabled child in the family, the number of additional paid days off provided in a calendar month does not increase.

Payment of additional days off for employees who are one of the parents raising a disabled child is not a state benefit, and also does not relate to the remuneration of the employee for the performance of labor or other duties, nor to material benefits. Despite the existence of different results of the consideration of disputes regarding the payment and taxation of payments related to the payment of additional days off to the parents of disabled children, the highest court holds a single point of view on this issue: these payments are in the nature of state support, since they are aimed at compensating for the loss of earnings to citizens who have disabled children and are obliged to provide them with proper care, are aimed at compensating or minimizing the consequences of changes in the material and (or) social status of working citizens. These payments in accordance with paragraph 1 of Art. 217 of the Tax Code of the Russian Federation are not subject to personal income tax (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of June 8, 2010 N 1798/10 in case N A71-3574 / 2009-A31).

The provision of an unpaid day off is provided for by the Labor Code of the Russian Federation:
- women working in rural areas (part 2 of article 262 of the Labor Code of the Russian Federation);
- one of the parents (guardian, guardian, foster parent) working in the regions of the Far North and equivalent areas, having a child under the age of 16 (Article 319 of the Labor Code of the Russian Federation).

Another commentary on Art. 111 Labor Code of the Russian Federation

1. Part 3 of the commented article establishes the specifics of granting days off in cases where work cannot be completely suspended on public days off. In this case, the procedure for granting days off to each group of employees is regulated by the internal labor regulations. For example, they may determine that days off are provided to employees in accordance with shift schedules approved in the prescribed manner. This applies, in particular, to employees for whom a summarized accounting of working hours has been introduced (see article 104 of the Labor Code and commentary thereto).

2. Additional days off are granted to certain categories of women, persons with family responsibilities (see Articles 262, 319 of the Labor Code and commentary thereto).

3. On engaging employees to work on weekends, see Art. 113 TC and commentary to it.

Consultations and comments of lawyers on Article 111 of the Labor Code of the Russian Federation

If you still have questions about Article 111 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

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Weekend work according to the Labor Codenot allowed. However, there are some exceptions where employees may be required to work on weekends with or without their consent. Let's talk about them in our article.

Work 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 labor activity is possible if consent to exit in writing is obtained in advance. However, employees may refuse additional processing during the off-hours.

Overtime work must be properly documented. Necessary:

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

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

  • if it is necessary to prevent the occurrence of unforeseen circumstances that can lead to catastrophic consequences, including accidents or damage to the company's property;
  • the need to perform the work arose in connection with an emergency situation caused, among other things, 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 forbidden to use on weekends and labor of minors.

Possible options for engaging in work in free time are required to be prescribed in the collective agreement and other internal local acts.

You will learn information about the execution 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, the management issues an order to involve employees who have agreed to perform the work. It fixes the date of entry to overtime work on weekends. In the event of an emergency, going to work on weekends and holidays can also occur by oral order of the management (before the issuance of the order).

The performance of 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 that there are no medical contraindications for working 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 case of emergency (Article 290 of the Labor Code of the Russian Federation).

Pay for work on a day off

For the use of personal time spent on overtime, employees are entitled to compensation. They have a choice:

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

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

If the employee requested the provision of time off, he must write a corresponding application.

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

All additional conditions can be spelled out in the internal regulation on remuneration, the procedure for filling which you will learn from the article "Regulations on the remuneration of employees - sample-2018" .

Sample letter of consent to work on a day off

The forms of the document confirming the receipt of the consent of the employee to go to work in extra time are not legally approved. Each enterprise has the right to develop its own form.

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

Results

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

Non-working holidays in the Russian Federation are:

If a day off and a non-working holiday coincide, the day off is transferred to the working day following the holiday, except for the days off coinciding with the 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 coinciding 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), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying 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 the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

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

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one 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 allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

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

1. At the request of religious organizations, the relevant state authorities of the Russian Federation have the right to declare religious holidays non-working (holiday) days in the respective territories (clause 7, article 4 of the Federal Law of September 26, 1997 N 125-FZ "On Freedom of Conscience and on Religious Associations ").

2. On non-working holidays, employees are released from work. These days, only work is allowed in continuously operating organizations, 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 the performance of such work without the consent of the elected body of the primary trade union organization.

For other cases of involvement in 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 summarized accounting of working time, work on non-working holidays is included in the monthly norm of working time.

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

5. Work on a non-working holiday is paid at least twice the amount. At the request of an employee who worked on a non-working holiday, he may be granted another day of rest.

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

7. According to Art. 268 of the Labor Code prohibits the involvement of workers under the age of 18 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 concluded an employment contract for a period of up to 2 months may be involved with their consent to work on weekends and non-working holidays within this period. This work is compensated by them not with a day off, but in cash at least twice the size.

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 paying 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 the employment contract. The cost of paying such remuneration is included in the cost of wages in full.

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.

the date Name Base
January 1, 2, 3, 4 and 5 (non-working days) New Year holidays Art. 112 TK
January 7 (non-working day) Nativity Art. 112 TK
January 12 Day of the Prosecutor's Office of the Russian Federation Decree of the President of the Russian Federation of December 29, 1995 N 1329 "On the establishment of the Day of the worker of the prosecutor's office of the Russian Federation"
13th of January Russian Press Day Decree of the Presidium of the Supreme Soviet of the RSFSR of December 28, 1991 N 3043-1 "On the Day of the Russian Press"
January 21 Memorial Day Day of Engineering Troops
The 25th of January Commemorative date of Russia Day of Russian students Decree of the President of the Russian Federation of January 25, 2005 N 76 "On the Day of Russian Students" Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
January 27 Day of military glory of Russia Day of lifting the blockade of the city of Leningrad (1944)
February 2 Day of military glory of Russia Day of the defeat of the Nazi troops by the Soviet troops in the Battle of Stalingrad (1943) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
February 8 Day of Russian Science Decree of the President of the Russian Federation of June 7, 1999 N 717 "On the establishment of the Day of Russian Science"
February 10 Day of the diplomatic worker Decree of the President of the Russian Federation of October 31, 2002 N 1279 "On the Day of the Diplomatic Worker"
February 23 (non-working day) Day of Military Glory of Russia Defender of the Fatherland Day Federal Law of March 13, 1995 N 32-FZ "On the Days of Military Glory and Commemorative Dates of Russia" Decree of the Presidium of the Armed Forces of the Russian Federation of February 8, 1993 N 4423-1 "On the Establishment of a Significant Day of the Russian Federation - the Day of Defenders of the Fatherland" Art. 112 TK
March 8 (non-working day) International Women's Day Art. 112 TK
Second Sunday of March Day of Geodesy and Cartography Workers Decree of the President of the Russian Federation of November 11, 2000 N 1867 "On the Day of Geodesy and Cartography Workers"
11th of March Day of the worker of drug control bodies Decree of the President of the Russian Federation of February 16, 2008 N 205 "On the Day of an employee of drug control bodies"
Third Sunday in March Day of workers of trade, consumer services of the population and housing and communal services
March 23 Day of workers of the hydro-meteorological service Decree of the President of the Russian Federation of May 19, 2008 N 812 "On the Day of workers of the hydrometeorological service"
March, 25 Cultural Worker's Day Decree of the President of the Russian Federation of August 27, 2007 N 1111 "On the Day of the Cultural Worker"
March 27 Day of the Internal Troops of the Ministry of Internal Affairs of the Russian Federation Decree of the President of the Russian Federation of March 19, 1996 N 394 "On the establishment of the Day of Internal Troops of the Ministry of Internal Affairs of the Russian Federation"
March 29 Day of a legal service specialist in the Armed Forces of the Russian Federation Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
April 2 Day of unity of peoples Decree of the President of the Russian Federation of April 2, 1996 N 489 "On the Day of Unity of Peoples"
April 8 Day of employees of military commissariats Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
First Sunday of April Geologist's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
12th of April Commemorative date of Russia Cosmonautics Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
Second Sunday in April Memorial Day Air Defense Forces Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
April 15 Electronic Warfare Specialist Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
April 18th Day of military glory of Russia Day of the victory of Russian soldiers of Prince Alexander Nevsky over the German knights on Lake Peipsi (Battle on the Ice, 1242) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
26 April Day of Remembrance for those killed in radiation accidents and catastrophes Decree of the Presidium of the Supreme Council of the Russian Federation of April 22, 1993 N 4827-1 "On the establishment of the Day of Remembrance for those killed in radiation accidents and catastrophes"
April 30 Fire Department Day Decree of the President of the Russian Federation of April 30, 1999 N 539 "On the establishment of the Day of fire protection"
May 1 (non-working day) Spring and Labour Day Art. 112 TK
May 7 Radio Day, a holiday for workers in all branches of communications Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
May 9 (non-working day) Day of Military Glory of Russia Victory Day of the Soviet people in the Great Patriotic War of 1941-1945 (1945)
Last Sunday in May Chemist's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
May 24 Day of Slavic Writing and Culture Decree of the Presidium of the Supreme Council of the RSFSR of January 30, 1991 N 568-I "On the Day of Slavic Writing and Culture"
26 of May Russian Entrepreneurship Day Decree of the President of the Russian Federation of October 18, 2007 N 1381 "On the Day of Russian Entrepreneurship"
May 27 All-Russian Day of Libraries Decree of the President of the Russian Federation of May 27, 1995 N 539 "On the Establishment of the All-Russian Day of Libraries"
May 28 Border Guard Day Decree of the President of the Russian Federation of May 23, 1994 N 1011 "On the establishment of the Day of the Border Guard"
June 5 Ecologist's Day Decree of the President of the Russian Federation of July 21, 2007 N 933 "On the Day of the Ecologist"
June 6 Pushkin Day in Russia Decree of the President of the Russian Federation of May 21, 1997 N 506 "On the 200th anniversary of the birth of A.S. Pushkin and the establishment of the Pushkin Day of Russia"
June 8 Social Worker's Day Decree of the President of the Russian Federation of October 27, 2000 N 1796 "On the Day of the Social Worker"
June 12 (non-working day) The day of the adoption of the Declaration on State Sovereignty of the Russian Federation is a public holiday of the Russian Federation Decree of the President of the Russian Federation of June 2, 1994 N 1113 "On the State Holiday of the Russian Federation"
Russia Day Art. 112 TK
Second Sunday in June Day of Textile and Light Industry Workers Decree of the President of the Russian Federation of June 17, 2000 N 1111 "On the Day of Textile and Light Industry Workers"
June 14 Day of the migration service worker Decree of the President of the Russian Federation of 04.06.2007 N 701 "On the establishment of the Day of the Migration Service Worker
Third Sunday in June Medical Worker's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
Last Saturday in June Day of the inventor and innovator Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
June, 22 Memorable date Day of memory and sorrow - the day of the beginning of the Great Patriotic War (1941) Decree of the President of the Russian Federation of June 8, 1996 N 857 "On the Day of Memory and Sorrow" Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates"
27th of June Youth Day Decree of the President of the Russian Federation of June 24, 1993 N 459-RP "On the celebration of Youth Day"
First Sunday of July Day of Marine and River Fleet Workers Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
July 10 Day of military glory of Russia Victory day of the Russian army under the command of Peter the Great over the Swedes in the Battle of Poltava (1709) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
Second Sunday in July Fisherman's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
Russian Post Day Decree of the President of the Russian Federation of May 16, 1994 N 944 "On the Day of Russian Post"
Third Sunday in July Metallurgist's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
Last Sunday in July Commemorative Day Navy Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
August 1 Memorial Day Logistics Day of the Armed Forces of the Russian Federation Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
August 2 Memorial Day Day of the Airborne Troops Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
First Sunday of August Railroad Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
August 6 Memorial Day Railway Troops Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
August 9 Day of military glory of Russia Day of the first naval victory in Russian history of the Russian fleet under the command of Peter the Great over the Swedes at Cape Gangut (1714) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
12th of August Commemorative Day Air Force Day (festival events dedicated to Air Force Day are held on Russian Air Force Day) Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" Decree of the President of the Russian Federation of August 29, 1997 N 949 "On the establishment of the Day of the Air Force"
Second Saturday in August Athlete's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
Second Sunday of August Builder's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
Third Sunday in August Russian Air Force Day Decree of the Presidium of the Supreme Council of the Russian Federation of September 28, 1992 N 3564-1 "On the establishment of the holiday Day of the Russian Air Fleet"
August 22 Day of the State Flag of the Russian Federation Decree of the President of the Russian Federation of August 20, 1994 N 1714 "On the Day of the State Flag of the Russian Federation"
August 23 Day of military glory of Russia Day of the defeat of the Nazi troops by the Soviet troops in the Battle of Kursk (1943) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
Last Sunday in August miner's day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
August 27 Movie Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
September 1 Knowledge Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
September 2 Memorial Day Day of the Russian Guard Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
September 3 Commemorative date of Russia Day of solidarity in the fight against terrorism Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
4 September Nuclear Specialist Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
First Sunday of September Day of Oil and Gas Industry Workers Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
8 September Day of military glory of Russia Day of the Borodino battle of the Russian army under the command of M.I. Kutuzov with the French army (1812) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
11 September Day of military glory of Russia Victory day of the Russian squadron under the command of F.F. Ushakov over the Turkish squadron at Cape Tendra (1790) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
Second Sunday in September Tankman's Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
September 21 Day of military glory of Russia Day of the victory of Russian regiments led by Grand Duke Dmitry Donskoy over the Mongol-Tatar troops in the Battle of Kulikovo (1380) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
Third Sunday in September Forest Workers Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
September 28 Day of the nuclear industry worker Decree of the President of the Russian Federation of June 3, 2005 N 633 "On the Day of the nuclear industry worker"
Last Sunday of September Engineer's Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
October 1 Day of the elderly Decree of the Presidium of the Supreme Council of the Russian Federation of June 1, 1992 N 2890 / 1-1 "On the problems of the elderly"
Memorial Day Ground Forces Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
The 4th of October Memorial Day Day of the Space Forces Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
October 5 Teacher's Day Decree of the President of the Russian Federation of October 3, 1994 N 1961 "On the celebration of Teacher's Day"
The 20th of October Day of the military signalman Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
October 24 Memorial Day Special Forces Day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
the 25th of October Day of the customs officer of the Russian Federation Decree of the President of the Russian Federation of August 4, 1995 N 811 "On the establishment of the Day of the customs officer of the Russian Federation"
Second Sunday in October Day of the worker of agriculture and processing industry Decree of the President of the Russian Federation of May 31, 1999 N 679 "On the Day of the Worker of Agriculture and Processing Industry"
Third Sunday in October Day of Road Workers Decree of the President of the Russian Federation of March 23, 2000 N 556 "On the Day of Road Workers"
Last Sunday in October Day of Road Transport Workers Decree of the President of the Russian Federation of October 14, 1996 N 1435 "On the establishment of the Day of Road Transport Workers"
October 30 Day of Remembrance for Victims of Political Repressions Decree of the Supreme Council of the RSFSR of October 18, 1991 N 1763/1-I "On the Establishment of the Day of Remembrance of the Victims of Political Repressions"
November 4 (non-working day) Day of Military Glory of Russia National Unity Day Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia" Art. 112 TK
November 5 Military intelligence day Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
November 7 Day of Military Glory of Russia The day of the military parade on Red Square in Moscow to commemorate the twenty-fourth anniversary of the Great October Socialist Revolution (1941) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
Commemorative date of Russia Day of the October Revolution of 1917 Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
Day of consent and reconciliation Decree of the President of the Russian Federation of November 7, 1996 N 1537 "On the Day of Consent and Reconciliation"
10th of November Police Day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
the 13th of November Memorial Day Day of the troops of radiation, chemical and biological protection Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
November 19 Memorial Day Day of the Missile Forces and Artillery Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
November 21 Day of the employee of the tax authorities of the Russian Federation Decree of the President of the Russian Federation of November 11, 2000 N 1868 "On the Day of an employee of the tax authorities of the Russian Federation"
Last Sunday in November Mothers Day Decree of the President of the Russian Federation of January 30, 1998 N 120 "On Mother's Day"
the 1st of December Day of military glory of Russia Victory day of the Russian squadron under the command of P.S. Nakhimov over the Turkish squadron at Cape Sinop (1853) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
December 3 Lawyer's Day Decree of the President of the Russian Federation of February 4, 2008 N 130 "On the establishment of the Lawyer's Day"
5th of December Day of Military Glory of Russia Day of the beginning of the counter-offensive of the Soviet troops against the Nazi troops in the Battle of Moscow (1941) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
9th December Commemorative date of Russia Day of Heroes of the Fatherland Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
12 December Commemorative date of Russia Constitution Day of the Russian Federation - public holiday Decree of the President of the Russian Federation of September 19, 1994 N 1926 "On the Day of the Constitution of the Russian Federation" Federal Law of 13.03.1995 N 32-FZ "On the days of military glory and memorable dates of Russia"
December 17 Memorial Day Day of the Strategic Missile Forces Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation"
December 20 Day of the Security Bodies of the Russian Federation Decree of the President of the Russian Federation of December 20, 1995 N 1280 "On the establishment of the Day of the worker of the security agencies of the Russian Federation"
Third Sunday in December An energy worker's day Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days"
December 24 Day of military glory of Russia Day of the capture of the Turkish fortress Izmail by Russian troops under the command of A.V. Suvorov (1790) Federal Law of March 13, 1995 N 32-FZ "On the days of military glory and memorable dates in Russia"
27th of December Day of the rescuer of the Russian Federation Decree of the President of the Russian Federation of December 26, 1995 N 1306 "On the establishment of the Day of the Rescuer of the Russian Federation"

Weekend work according to the Labor Code the general rule is prohibited, but there are exceptions - they are stipulated in this article. Here, attention is paid to the concept of a day off and the list of holidays, as well as the case of a citizen's demand to cancel a non-working holiday.

The concept of a day off according to the Labor Code of the Russian Federation

The high-quality performance of work is not least due to the good rest of the worker. An employee is entitled to several types of rest time:

  • vacation (including vacation without pay);
  • holidays and weekends;
  • daily breaks and between shifts.

Days off, as stated in Art. 111 TK, is a continuous rest provided weekly.

The minimum period of a day off under Art. 110 TK - 42 hours. At the same time, a different duration is established for employees of certain industries. For example, according to the Regulations on the peculiarities of the working hours and rest time of communications workers, approved. By order of the Ministry of Communications of the Russian Federation of September 8, 2003 No. 112, for shift workers, the minimum rest period is 24 hours, but the average weekly rest time for the reporting period should not be less than 42 hours.

This provision does not apply only to communications workers. So, Rostrud, in a letter “On the possibility of reducing the duration ...” dated 01/20/2014 No. PG / 13281-6-1, explained that the use of summing rest time and deriving the average time for the reporting period, by analogy with the provisions of order No. 112, is also allowed for other categories workers, provided that it is impossible to establish a different rest time due to production conditions. Moreover, such summation should be fixed in the local act of the employing organization.

Which days are considered days off: Saturday, Sunday or any other day?

holiday status

Cases of provision

Holiday time in days

day off

Do we pay vacation?

Base

Mandatory holidays

6 day work week

1 per week

Sunday

Another day when the provision of a day off on Sunday will entail a violation of technical, production or organizational conditions. Weekends in this case are determined by the internal labor regulations (PVTR)

5 day work week

2 per week

Sunday and other day determined by the PVTR or the collective agreement

Any two days in the event that the provision of a day off on Sunday will entail a violation of technical, production or organizational conditions. Weekends in this case are determined by the PVTR

Extra holidays

A female worker works in the countryside

1 per month

day on application

Parent or parent of a child under 16 working in the Far North or equivalent areas

1 per month

day on application

The employee(s) is raising a disabled child

4 per month

day on application

The employee(s) is a donor of blood or its components

1 or + 2 (if the day of the medical examination and the day of delivery do not coincide)

Blood donation day, medical examination day

Another day at the choice of the employee, if the employee went to work on the day of blood donation

NOTE! In accordance with paragraph 17 of the resolution of the plenum of the Supreme Court “On the application of legislation regulating the labor of women ...” dated January 28, 2014 No. 1, 4 additional days off when caring for a disabled child can be divided between parents at their discretion. That is, for example, the mother can use 1 day off, and the father the remaining 3.

At the same time, in the Rules for the provision of additional paid days off for the care of children with disabilities, approved. Decree of the Government of October 13, 2014 No. 1048, notes that unused additional days off in the next month can no longer be used.

Article 112: non-working holidays in the Russian Federation are ...

The Labor Code established 14 public holidays that are non-working days:

Holiday

New Year holidays

Nativity

Defender of the Fatherland Day

International Women's Day

Spring and Labour Day

Victory Day

Russia Day

National Unity Day

As stated in part 7 of Art. 4 “On Freedom of Conscience and Religious Associations” of the Law of September 26, 1997 No. 125-FZ, additional non-working holidays can be declared in the constituent entities of Russia.

The procedure for establishing an additional non-working day comes down to the fact that a religious organization applies to state bodies with a request to declare a day that falls on a religious holiday as a non-working day. The state body considers the application and decides either to introduce an additional day in the region or to refuse to satisfy the application.

For example, in the Republic of Tuva, the law "On holidays ..." dated February 12, 1999 No. 143 establishes non-working days during the Shagaa and Nadym holidays. The Law of the Republic of Buryatia "On holidays ..." dated December 23, 2008 No. 675-IV established a non-working day during the Sagaalgan holiday.

Incident: in 2011, a citizen applied to the Supreme Court of the Republic of Bashkortostan, who considered that the effect of Art. 1 of the Law of Bashkiria "On holidays and memorable days, professional holidays and other significant dates in the Republic of Bashkortostan" dated February 27, 1992 No. VS-10 / RB infringes on his rights.

The article established additional non-working days on the days of the celebration of Kurban and Eid al-Fitr. The citizen referred to the fact that the article violates the rights of those who profess other religions and atheists, and therefore the establishment of a non-working day as a result of the celebration of a religious holiday causes him moral harm and violates the right to work on the day of the holiday.

By the decision of the Republican Supreme Court in the case of June 27, 2011 No. 3-43 / 2011, the application was denied to the citizen. At the same time, the court noted that the publication of the norm on additional non-working days improves the position of the employee, which is not a violation of the right to work. The rights of persons professing a different religion are not violated by law.

What should I do if weekends and holidays coincide?

How installed TK, work on weekends and holidays, with some exceptions, is not allowed. In this regard, the question arises: what should the employer do if a non-working holiday coincides with a day off? The answer is in Art. 112 TC: in such a situation, the day off is shifted to a different date. There are 2 transfer options:

  1. It is used for the January holidays, i.e. Christmas and New Year holidays.
    The transfer of coinciding holidays is carried out by the Government of the Russian Federation. At the same time, it notifies the population of the days of the transfer by issuing a decree, which is published no later than November 1 of the previous year. For example, a resolution “On the postponement of holidays in 2017” dated 08/04/2016 No. 756 has already been issued.
  2. Applies to other public holidays.
    In accordance with Part 2 of the Procedure for calculating the norm of working hours, approved. By order of the Ministry of Health and Social Development of August 13, 2009 No. 588n, the day off is transferred to the next working day after the holiday.

The possibility of transfer is not made dependent on the work schedule, whether it be a fixed or a rotating schedule, but it depends on what kind of work plan the workers perform. The Procedure notes that in production that operates continuously, or in the service of the population, which is carried out daily, that is, under special organizational, technical or production conditions, the day off is not transferred.

Article 113 of the Labor Code - work on weekends and non-working holidays is usually prohibited

Work on rest days is prohibited. The exceptions are cases when the work is caused by certain circumstances:

Works allowed

Is employee consent required?

Is the opinion of the trade union taken into account?

Urgent work

Prevention or elimination of the consequences of a disaster, catastrophe, accident

Accident prevention

Prevention of destruction, damage to the property of the employer, municipal or state body

Work due to emergency or emergency

Holidays when work is not carried out are determined by the Labor Code. In some regions of the country, this list has been expanded. If a holiday coincides with a weekend, the latter is transferred by the Government or the employer.

In many situations, it may be necessary to send an employee to work on a day off. This may be due to both a standard work schedule and a one-time need - depending on this, the norms of labor legislation and the articles of the Labor Code of the Russian Federation applicable to this aspect of labor may change. But in general, every employer, personnel officer or ordinary employee should know how an order to work on a day off is drawn up, how such work is paid and other nuances.

What are days off according to the Labor Code of the Russian Federation - is it possible to work on them

Before considering issues related directly to working on weekends, you should understand what such days are from a legal point of view. The main regulatory provisions that give precise definitions of the indicated days can be called the following standards:

  • Art. 110 of the Labor Code of the Russian Federation. Its provisions determine the need to comply with any work schedule for an employee to have at least a one-time period of uninterrupted rest lasting no less than 42 hours.
  • Art. 111 of the Labor Code of the Russian Federation. This article defines the concept of mandatory days off for an employee with a standard five-day and six-day work week. So, with the exception of special cases, it is considered that Saturday and Sunday are days off with a 5-day week, and Sunday - with a 6-day week.
  • Art. 112 of the Labor Code of the Russian Federation. The norms and principles of this article establish the concept of holidays, and also provide for the possibility of establishing other holidays both at the federal and regional levels by separate legislative and regulatory acts. Holidays are considered days off regardless of the established schedule.

If employees work on a standard workweek rather than a flexible schedule, then the transfer of days off to days other than Saturday and / or Sunday is considered acceptable only in extreme cases. That is, when it is necessary to ensure the continuity of the work process or in situations where the work duties of such employees are associated with serving the public.

The answer to the question of whether it is possible to work on weekends is also disclosed in several articles of the Labor Code. In particular, Articles 2 and 21 of the Labor Code of the Russian Federation require employees to have days off - they are their inalienable right as a private component of the right to rest. A direct ban on recruiting to work on weekends, along with a list of situations where such is permissible, is revealed by the principles of Article 113 of the Labor Code of the Russian Federation. The key features that should have work on a day off outside the schedule of the enterprise, respectively, include:

  • The need to obtain the consent of the employee in general cases. The possibility of involving employees to work without their consent on a day off is permissible only in emergency situations, or in relation to positions with a higher level of responsibility to prevent damage to life or health of people, or property damage.
  • Mandatory drawing up of an order upon recruitment. Engaging to work on a day off must be accompanied by the obligatory issuance of a written order with notification of such an employee.
  • Providing additional guarantees for each case of going to work on a non-working day, which, at the choice of the employee, can be represented as a double salary for a day of work, or a single payment for a working day and the provision of an unconditional right to one at any time at the request of the employee.

Even if the need to go to work outside working hours and on the employee's day off was due to an emergency, and the existence of such an opportunity was assumed by the terms of the employment contract, this does not relieve the employer from the obligation to provide all the social guarantees and additional compensation due to such an employee for these actions. In turn, an employee who has ignored the requirement to go to work in an emergency may be subject to disciplinary action for absenteeism, which may even include the dismissal of such an employee.

Weekend work restrictions - who can't work these days

The legislation provides that certain categories of employees may need additional social protection in the course of employment. Therefore, a number of regulations of the Labor Code of the Russian Federation assumes the presence of some prohibitions in relation to work on weekends. Thus, it is strictly forbidden to involve the following categories of employees to work on weekends:

  • pregnant women.
  • Minors.

These categories of persons cannot be involved in work on weekends even if they agree to such activities. Restrictions in relation to minors can be lifted in the case when their work involves creative activity.

In addition, the provisions of the Labor Code of the Russian Federation also provide for a number of categories of citizens whose involvement in work activities on weekends is allowed only with their consent, regardless of the circumstances. These categories of employees include:

  • Disabled people and parents of disabled children.
  • Employees caring for disabled loved ones.
  • Mothers of children under three years of age.
  • Parents of single children under the age of five.

Moreover, if such persons express their consent to work on a day off, this consent must also be confirmed by their familiarization with the right to refuse such work without any consequences for further labor activity.

Step-by-step registration of work on the weekend - instructions for the employer

In order to properly arrange the work of an employee on a day off, the employer must comply with all regulatory and procedural requirements. However, it is not so difficult if you follow the step-by-step instructions for completing work on a day off. In general, it might look like this:

  1. The employer issues an order on the need to involve an employee in work on a day off.
  2. A copy of the order is sent to the employee and the trade union.
  3. The employee is familiarized with the order under the signature, if he agrees with its terms. In the event of an emergency, the consent of the worker is not necessary.
  4. The employee starts on the day established by the order to perform his labor duties. Moreover, if he has already expressed his consent to going to work on a day off, then his absenteeism can be qualified by the employer as absenteeism.
  5. The personnel specialist makes a note about the work of the employee on his day off in the timesheet with the appropriate design as work on the day off.
  6. An employee has the right to apply for a rest day until the next paycheck. Otherwise, the employer, in the absence of an application for rest from the employee, includes in it a double salary rate for working on a day off to the next salary.

Most of the above actions may not require direct documentation - only an order to go to work and a mark in the time sheet are mandatory. The remaining actions can be performed in the format of an oral agreement, however, a written form, if necessary, can help protect each of the parties to the relationship their rights.

Separate nuances and features of work on weekends

Work on weekends also has many other nuances that both the employer and the employee should be familiar with. In particular, the subject of controversy may be the question of how paid work on a day off for a day off or at a double rate. So, the right to choose when working on a day off: payment or time off, remains solely with the employee. The employer, in turn, is obliged to include the entire payment in full in the calculations of the average salary of the employee, and also to deduct personal income tax from it also based on the total amount.

If an employee has a fixed salary, and he goes to work on a day off, however, in general, during the month the number of hours worked is less than the limit, then he cannot demand a double salary for that day or provide a day off, and going to work is paid to him in a single amount .

The employment contract and the internal regulations of the enterprise may provide in their provisions for the possibility of changing the amount of compensation for going to work on a day off. However, such compensations by the employer can be established and paid only in a larger amount in comparison with the norms established by law - reducing the amount of payments or making additional demands on the employee for their submission is unacceptable.

It also deserves attention in the context of weekend pay and the time of an employee's business trip. An employee is obliged to work on weekends on a business trip only if this is expressly provided for by the employer's business trip order. In this case, the weekend is paid double. Also, the days of departure, arrival or travel of the employee are paid double, if they are days off.

The refusal of the employee to go to work on a day off is his right - the employer can bring him to any responsibility for such a refusal only in case of an emergency or with the consent of the employee previously expressed and recorded in the order. This also applies to the accrual of additional payments and bonuses, at least if the internal regulatory documents of the enterprise do not establish a special procedure for their accrual, which also considers the possibility of sending employees to day off work.

Some employees are also concerned about another question - how many hours can they work on a day off. There are no separate restrictions on the duration of such work, with the exception of the main one - if an irregular working day is not established for an employee, then his shift duration on a day off cannot be longer than the duration of a regular shift plus four hours.

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