Article of the labor code holidays. Work on weekends and holidays: regulations and documents in accordance with the Labor Code of the Russian Federation (Labor Code)

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?

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:

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:

New edition Art. 111 Labor Code of the Russian Federation

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

Commentary on article 111

The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Weekends are usually given consecutively.

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

1. Part 3 of Art. 111 of the Labor Code of the Russian Federation establishes the specifics of granting days off in cases where work cannot be completely suspended on public holidays. Here, the procedure for granting days off to each group of employees is regulated by the internal labor regulations. For example, in the internal labor regulations, it may be determined that days off for employees are provided 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 of the Russian Federation and commentary thereto).

2. Additional days off are granted to certain categories of women, persons with family responsibilities. One of the parents (guardian, custodian) for the care of disabled children, upon his written application, is provided with four additional paid days off per month. Women working in rural areas may be granted, upon their written application, one additional day off per month without pay (see Article 262 of the Labor Code of the Russian Federation and commentary thereto).

One of the parents (guardian, guardian, foster parent) working in the regions of the Far North and areas equated to them, having a child under the age of 16, upon his written application, is given an additional day off every month without pay (see Art. 319 Labor Code of the Russian Federation and commentary to it).

3. On engaging employees to work on weekends, see Art. 113 of the Labor Code of the Russian Federation and commentary to it.

Article 153 of the Labor Code of the Russian Federation with comments and changes for 2016-2017.

Commentary on Article 153 of the Labor Code of the Russian Federation:

1. Article 153 of the Labor Code of the Russian Federation provides that the specific amounts of remuneration for work on weekends and non-working holidays are established in a collective agreement, a local regulatory act, an employment contract. This provision emphasizes that the dimensions established by the commented article are minimal. They can be increased by agreement of the parties to the social partnership or the parties to the employment contract. This can also be done in a local regulatory act, which in this case should be adopted taking into account the opinion of the representative body of workers.

2. Work on a weekend or non-working holiday (see commentary to article 113) must be compensated. At the choice of the employee, this can be either an increased payment in the amount provided for by the collective agreement, local regulatory act, labor contract (and if this issue is not resolved in them, in the amount specified in the article), or the provision of an additional day of rest.

3. As a general rule, a day of rest is not payable, however, a collective agreement, a local regulatory act, an employment contract may establish rules that are more favorable for employees.

The time of using the day of rest is determined by agreement of the parties.

4. It is generally accepted that for creative workers and professional athletes there are special rules for paying for work on weekends and non-working holidays, but this is not entirely true. Part one of Article 153 of the Labor Code of the Russian Federation establishes the minimum amount of payment, which under no circumstances can be reduced. Part two for all employees establishes the same procedure for determining specific wages for work on a non-working day, as for creative workers - in a collective agreement, a local regulatory act, an employment contract. The only difference is that for all employees, except for creative ones, a local regulatory act is adopted taking into account the representative body of employees, if it is created (Article 8 of the Labor Code), and for creative ones - solely by the employer.

The list of professions of creative workers has not yet been approved.

Breaks at work. Weekends and non-working holidays

Article 113. Prohibition of work on weekends and public holidays. Exceptional cases of involving employees to work on weekends and non-working holidays

See Encyclopedias and other comments on article 113 of the Labor Code of the Russian Federation

Work on weekends and non-working holidays is prohibited, with the exception of cases provided for by this Code.

Engaging employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work in advance, on the urgent performance of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the following cases:

Read also: Minutes of the meeting of the labor collective on the collective agreement

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;

3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

Engagement to work on weekends and non-working holidays of creative workers of 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, in 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, is allowed in the manner established by the collective agreement, local normative act, labor contract.

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of three years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.

Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

Work on a weekend or non-working holiday is paid at least twice the amount:

pieceworkers - at least at double piecework 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;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of 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 norm of working time.

Specific amounts of remuneration for work on a day off or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater 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 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 normative act, an employment contract.

(as amended by Federal Law No. 13-FZ of February 28, 2008)

(see text in previous edition)

Registration and payment of work on weekends and non-working holidays

Activities on non-working days are prohibited by Russian law. But every rule contains exceptions.

It is possible to involve citizens in the labor process on weekends with their written consent in the event that an organization has unforeseen work in advance, the failure to perform which may adversely affect its activities in the future.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and is free !

Nuances of the Labor Code of the Russian Federation

Without the consent of employees, it is possible to involve them in work in 3 cases:

• To prevent accidents and natural disasters.
• To eliminate accidents and destruction of the property of the employer.
• To work in a state of emergency or martial law, etc.

Read also: How much does a work book cost

Attracting to work on weekends servants of creative professions is carried out in accordance with the list approved by the Government of the Russian Federation.

Article 113 of the Labor Code prohibits the use of such labor by disabled people and women with children under 3 years of age whose health condition is unsatisfactory (according to a doctor's opinion). Therefore, these categories of persons must be notified of the possibility of waiving the obligation to work on non-working days.

The Labor Code enshrines the obligation of the employer to pay double the amount of weekend work. in particular:

• piecework workers - according to double norms;
• persons whose wages are calculated by hours and days - at double tariff rates;
• employees whose salary is calculated on the basis of the established salary - not less than the daily rate (in the case of work within the monthly standard) and at least twice the daily rate (in the case of labor activity exceeding the monthly standard).

The Labor Code of the Russian Federation provides for the establishment of certain amounts of remuneration for the conditions under consideration by collective and labor contracts. as well as other local acts of the organization.

At the written request of the employee who worked on the weekend, the employer may provide him additional day off. In this case, the remuneration is paid according to the following scheme: the amount of payment for the non-working day worked is calculated in the usual amount, and the day of rest is not paid.

You can learn more about all the nuances of such a process from the following video:

Compensation calculation

On piece-rate payment

The driver Nikolaev N. receives 150 rubles for each trip. In the reporting month, he made 190 trips. Nikolaev was brought to work on 2 days off, during which he made 20 trips. Determine the amount of his salary for the past month:

• (190-20) * 150 \u003d 25,500 rubles;
• 20*150*2=6,000 rubles.

The total salary of Nikolaev will be 31,500 rubles.

With hourly pay

Locksmith Kirillov G. worked 130 hours a month, including 8 hours on Sunday. The hourly rate of a locksmith is 250 rubles. Let's determine the amount of Kirillov's salary for the past month:

The total salary will be 34,500 rubles.

At daily rate

Painter Stepanov P. worked 20 working days per month, including 2 days on holidays. Daily rate - 2000 rubles. Determine the amount of wages for the past month:

The amount to be paid to Stepanov is 44,000 rubles.

With the salary system (exceeding the established norm of working hours)

Watchman L. Kopylov worked 150 hours, including 5 hours on a day off. His salary is 20,000 rubles. Taking into account that the standard working time in this case is 143 hours, and based on the conditions it is exceeded, the compensation for the day off is payable at double the rate.

Determine the hourly rate. There are 3 ways to calculate it:

• the ratio of salary to the norm of working time according to the production calendar;
• the ratio of salary to the norm of working hours according to the schedule of the employee;
• the ratio of 12 salaries to the norm of working hours per year.

The legislation does not clearly regulate the method of calculation. We use method 3. There are 1974 hours in a 40-hour work week in 2016, so:

• (20,000 rubles * 12 months) / 1974 hours \u003d 121.58 rubles / hour.

Holiday pay will be:

With a salary system (no excess of the established norm)

Technician Mashkina G. worked 143 hours, including 2 hours on a day off. Her salary is 15,000 rubles. Taking into account that the norm of working time in this case is 143 hours, and based on the conditions it does not exceed the standard, then compensation for work for the day off is subject to payment in the usual amount.

First you need to determine the hourly rate. It is calculated similarly to example 4:

• 15,000 rubles * 12 months / 1974 hours = 91.19 rubles / hour.

What is an act of admission to the production of work - see this article.

How to write an application for connection to electronic document management - read here.

Registration procedure

• It is necessary to exclude persons who, in accordance with the Labor Code, cannot be involved in the output work process. These include:
  • pregnant women;
  • minors under the age of 18 (except for creative workers, whose categories are approved by the Government of the Russian Federation, as well as athletes).
• Notifying employees in writing. It should contain information on the dates of entry to work of a certain person, indicating his full name, position, as well as the name of the structural unit in which the citizen will be recruited.
  The letter is being drawn up in 2 copies- one for the employer with the employee's mark of familiarization, the other - for the employee himself. This document is subject to registration in the log of registration of notifications. In case of refusal of a person to familiarize, an act is drawn up.
• Obtaining the consent of the employee to engage in work, which is drawn up in writing. This paper is not regulated by law, therefore, it can be drawn up in a simple written form.
• Drawing up a draft order with its subsequent coordination with the primary trade union organization. It is important to note exactly what the order is the main document that serves as the basis for involving employees in such work. Therefore, it must contain information about the employee, days of going to work, as well as information about his familiarization with the document. Details of familiarization is located at the bottom of the order. The citizen puts his signature and date.
  In order to avoid further disputes, it is recommended to include in the text of the paper information about the possibility to refuse such work. If you refuse to familiarize yourself with the document, it is recommended to record this fact in the act.
• Registration of paper in the register of orders for personnel with further familiarization of all employees of the organization.
• Marking data on work in the time sheet. Information in the time sheet is entered as follows: in the appropriate column opposite the name of the citizen, the code "BP" or "03" is indicated, the number of hours worked is entered.
• Compensation for the corresponding work with monetary compensation or the provision of a day of rest.

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

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

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

With the summarized accounting of working time (Article 104 of the Labor Code), days off are provided to employees in such a way as to ensure the norm of the duration of the weekly uninterrupted 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 every calendar week, except for those weeks when, on one of the days off, the shortfall to the normal working hours is compensated according to the schedule. This occurs when the sum of hours for 5 work shifts is less than the weekly norm. The defect is reimbursed on one of the two days off, which according to the schedule is declared a working day. Usually, the shortfall is paid off as it accumulates during the accounting period.

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

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

With a 5-day working week, weekly rest exceeds 42 hours, since workers enjoy 2 days off. If, according to the conditions of production, the provision of 2 days off in a row is impossible, then the second day off of the weekly rest is set in accordance with shift schedules or internal labor regulations.

3. If a day off and a non-working holiday coincide, 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 Ministry of Labor of Russia clarified: in cases where, in accordance with the 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 length of the working day to which the day off is transferred (Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 "On approval of the clarification" On the duration of work on a day off, transferred 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 children with disabilities to provide, upon his written application, 4 additional paid days off per month, which can be used by one of the named persons or divided by them among themselves at their discretion.

According to the clarification of the Ministry of Labor of Russia and the FSS of the Russian Federation of 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 children with disabilities" 4 additional paid days off for caring for children with disabilities and people with disabilities from childhood until they reach the age of 18 are provided in a calendar month to one of the working parents (guardian, trustee) at his request and are issued by order (instruction) of the administration of the organization on the basis of a certificate from the social protection of the population on the disability of the child, 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 the application, additional paid days off in the same calendar month have not been used or partially used.

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

The summation of additional paid days off provided for the care of children with disabilities or disabled since childhood, for 2 months. or more is not allowed.

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

5. On the provision of additional days off for persons combining work with study, see Art. Art. 173, 174 of the Labor Code and comments on 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 business trip, and not upon returning from it, because they are subject to the working hours and rest time of the organization that sent them. The exception is cases when, by order of the employer, the employee goes on a business trip on a day off; then he is given another day of rest upon his return from it.

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

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 set by local governments. With the summarized accounting of working time, the weekly rest time is also summarized and provided on average for the accounting period.

9. An additional monthly day off may be granted without pay on a 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 years.

The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing work modes and shift schedules. The duration of the weekly uninterrupted rest is calculated from the end of work on the eve of the day off and until the start of work on the day after the day off. The calculation of the duration depends on the mode of working time: the type of working week, shift schedules. With a five-day working week, two days off are provided, with a six-day working week - one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Weekends are usually given consecutively.

Weekend

Weekends are a form of rest time. Their distinguishing feature is that they are provided to employees for uninterrupted rest between working days.

The concept of "rest" in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time.

The International Labor Organization (ILO) drew the attention of employers in its early years to the fact that the well-directed use of leisure time, by enabling workers to pursue more diverse interests and by providing a break from the stress of everyday work, can increase productivity and thus can contribute to getting the most out of the working day.

It is this scientific and social approach to the establishment of rest time that currently prevails in developed countries, where the length of working time is limited by law or otherwise, i.e., mandatory uninterrupted rest time is established.

In Russian legislation, Art. 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest for all employees.

The duration of the working week is provided for by the working time regime, five days with two days off, six days with one day off, a working week with days off on a staggered schedule, and is established by a collective agreement or internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part 2 of Art. 111 of the Labor Code of the Russian Federation, Sunday is declared a general day off. Moreover, the second day off with a five-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with uninterrupted leisure time as far as possible, employers are left with the choice of establishing days off, taking into account the requirements of various sectors of the economy, local customs and the differing abilities and skills of various groups of workers. This principle was reproduced in Part 3 of Art. 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week in turn for each group of employees in accordance with the internal labor regulations of the organization.

According to Art. 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. Legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social well-being of workers. After all, the lack of free time can ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activity of the state.

In addition, the very size of the minimum period of uninterrupted free time reflects not only the social side of labor activity, but also the level of economic development of society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.

The beginning of the specified in Art. 110 of the Labor Code of the Russian Federation, the period is calculated from the moment the employee finishes work on the last day of the calendar or work week, when working according to the shift schedule, and the end, respectively, from the moment the employee enters work on the first day of the new calendar or work week. The specific duration of the weekly uninterrupted rest depends on the operating mode established in the organization, i.e. on the type of week: 5-day, 6-day or shift schedule, and on the employer's calculations.

By the way, it is precisely for the purpose of complying with the established standard of time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of days off with a 6-day working week - no more than 5 hours.

Non-working holidays

Every country in the world has its own official holidays, when the population is not involved in work, but rests.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Holidays”, in others - holidays are introduced and canceled by separate acts for each specific day, in others - Holidays are established by general regulatory legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by Art. 112 of the Labor Code of the Russian Federation. After amendments to it by the Federal Law of December 29, 2004 No. 201-FZ, non-working holidays in the Russian Federation are:

• January 1, 2, 3, 4 and 5 - New Year holidays;
• January 7 - Christmas;
• February 23 - Defender of the Fatherland Day;
• March 8 - International Women's Day;
• May 1 - Spring and Labor Day;
• May 9 - Victory Day;
• June 12 - Day of Russia;
• November 4 is National Unity Day.

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