Labor Code holidays. Holidays and weekends according to the Labor Code of the Russian Federation

[Labor Code of the Russian Federation] [Chapter 18] [Article 112]

Non-working holidays in Russian Federation are:

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

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

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

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

2 comments on the entry “Article 112 of the Labor Code of the Russian Federation. Non-working holidays"

Article 112. Non-working holidays

Commentary on Article 112

The commented article establishes a list of non-working holidays that applies to the entire territory of the Russian Federation.
Subjects of the Russian Federation may establish other non-working holidays on their territory, taking into account the national and cultural characteristics of the region. One of these holidays is January 7 - Christmas. Its establishment as a holiday throughout the country may be perceived by some as an infringement on the religious feelings of believers of other faiths, therefore the republics that are part of the Russian Federation may declare religious holidays of other faiths a non-working day. This is fully consistent with Art. 28 of the Constitution of the Russian Federation, which guarantees every citizen freedom of religion.
In addition to generally established non-working holidays, there are professional holidays (Metallurgist's Day, Teacher's Day, Builder's Day, etc.), which are timed to coincide with weekends according to the calendar. If such holidays fall on working days, then release from work in practice is carried out on the basis of a collective agreement or an order (instruction) of the enterprise administration.
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday. On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations or work due to the need to serve the population, as well as in connection with urgent repair and loading and unloading work).
For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation has the right to transfer weekends to other days.
In cases where a day off is transferred to a working day, the duration of work on this day must correspond to the duration of the working day to which the day off is transferred (see the Procedure for calculating the standard working time for certain calendar periods (month, quarter, year) depending on the established duration of working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n).
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RG. 2009. 7 Oct.

Part 3 of the commented article corresponds to the International Covenant on Economic, Social and Cultural Rights of December 16, 1966, by which the states parties to the Covenant recognize the right of everyone to just favorable working conditions. These conditions include rest, leisure, reasonable limitations on working hours and paid periodic leave, as well as remuneration for work on public holidays (Article 7(d) of the Covenant). Remuneration for work on public holidays is also provided for in the European Social Charter (revised), adopted in Strasbourg on May 3, 1996. According to the Charter, states that are members of the Council of Europe and have signed the Charter, in order to ensure the effective implementation of the right to fair working conditions, undertake to establish paid holidays (Clause 2, Article 2, Part II of the Charter).
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USSR Air Force. 1976. N 17. Art. 291.

Part 4 of the commented article establishes a rule that provides that non-working holidays should not affect the wages of an employee receiving a salary (official salary). Unfortunately, this norm, which is a guarantee for this category of workers, does not include similar guarantees for workers whose work is paid in other forms. It seems that in relation to workers who do not receive payment in the form of a salary, these issues should be regulated by a collective agreement or by direct agreement between the employee and the employer.
Part 5 of the commented article provides for the right of the Government of the Russian Federation to postpone weekends and non-working holidays. 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 a month before the start of the corresponding calendar year. The adoption of normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to their official publication no later than two months before the calendar date of the established day off.

Article 112. Non-working holidays

Commentary on Article 112

1. Part 1 of the commented article establishes a list of holidays and non-working days on the territory of the Russian Federation.
In order to ensure that each employee has the opportunity to annually use 12 non-working holidays in addition to weekends, Part 2 of the commented article provides for a rule on transferring a day off that coincides with a holiday to the next working day after the holiday. This rule should also apply when the day off, which the employee is entitled to in accordance with the internal labor regulations, coincides with a non-working holiday. In case of such a coincidence, the employee’s day off will be the next working day after the holiday.
The transfer of days off that coincide with non-working holidays should also be carried out in organizations that apply different work and rest regimes, in which work is not carried out on holidays. This applies equally to work modes with both permanent days off and “sliding” days of rest.
According to established practice, in cases where the work and rest regime provides for work on non-working holidays (in continuously operating organizations or those associated with daily services to the population, round-the-clock duty, etc.), the rule on the transfer of days off does not apply (clarification of the Ministry of Labor of Russia dated 29 December 1992 N 65 “On some issues arising in connection with the transfer of days off that coincide with holidays” // BNA RF 1993. N 3).
2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), of additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. At the same time, it is specifically stated that the amount of expenses for the payment of additional remuneration for non-working holidays relates to labor costs in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of financing.
3. An additional guarantee is provided for employees receiving a salary (official salary). In accordance with Part 4 of Art. 112 the presence of non-working holidays in a calendar month is not grounds for reducing their wages. In other words, for employees receiving a salary (official salary), their wages in a calendar month are retained in full, regardless of the number of non-working holidays in that month.
4. Part 5 of the commented article grants the right to the Government of the Russian Federation to postpone weekends to other days, adding them to the nearest non-working days, for the purpose of rational use by employees of weekends and non-working holidays. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of weekends to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than 2 months before the calendar date of the established day off. This clarification allows both employees and employers to plan in advance appropriate activities related to the organization of work and rest.
In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 , approved by Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 // BNA RF 1994. N 5).

How to correctly take into account holidays, according to Article 112 of the Labor Code of the Russian Federation, and correctly draw up vacation and work schedules taking these days into account - read the article.

From the article you will learn:

Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays. Holidays that are mandatory throughout Russia are listed in Part 1 of this article. According to its provisions, officially established holidays and, therefore, non-working holidays in Russia are:

• New Year holidays falling on January 1, 2, 3, 4, 5, 6 and 8;
• Christmas - January 7;
• Defender of the Fatherland Day - February 23;
• International Women's Day - March 8;
• Spring and Labor Day - May 1;
• Victory Day - May 9;
• Russia Day - June 12;
• Day national unity- November 4.

How are holidays that coincide with a regular day off handled?

If a non-working holiday falls on a regular day off, then the day off is transferred to the working day following the holiday. However, legislators have established an exception for this rule: weekends falling on public holidays listed in paragraphs 2 and 3 of part 1 of Art. 112 of the Labor Code of the Russian Federation (New Year holidays and Christmas).

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In order to rationally use non-working days weekend may be postponed to other days by a separate regulatory legal act of the Government or federal law. The relevant document must be officially published no later than a month before the calendar year to which it relates.

If the calendar year has already begun, during it the adoption of similar regulatory legal acts of the Government of the Russian Federation on the transfer weekend on other days it is also possible. But for this, the condition of their official publication must be met no later than two months before the calendar date of the established day off. More information about the transfer of holidays, according to the Labor Code of the Russian Federation, indicating the relevant laws and regulations, can be read in .

Is it necessary to extend employees' annual leave for a regional holiday?

Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays for both 2017 and 2018, mandatory for the entire country. However, the law grants the right to the constituent entities of Russia to establish, by appropriate regulations, additional non-working holidays not mentioned in Art. 112 Labor Code of the Russian Federation.

State authorities in a separate entity have the right to declare some regional holidays as non-working days in the following cases:

1. the holiday has a religious focus;
2. a corresponding request was received from a religious organization;
3. the decision was made by the state body of the subject.

For example, in the Chuvash Republic, a separate act declared June 24 a holiday throughout the entire subject of the Russian Federation - the Day of the Republic of Chuvashia, which is not included in Art. 112 Labor Code of the Russian Federation.

By general rule in this case it is necessary to renew the annual vacation employees, unless the law of the subject provides for a different procedure. Similar clarifications are contained in the letter of Rostrud dated September 12, 2013 No. 697-6-1.

Is it permissible to indicate in a local act for an enterprise that staff are only given time off for working on a holiday?

Labor Code of the Russian Federation in Art. 112 directly states that the employer, as a general rule, must compensate for work in weekend and non-working holidays are primarily an additional payment. The amount and procedure for payment of the specified remuneration is determined:

• collective agreement;
• employment contract;
• a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization;
• agreements between the parties to the social partnership.

Pay attention! Expenses for the payment of remuneration for non-working holidays are included in full as labor costs.

If the employee himself expresses his desire, work on holidays can be compensated by time off. However, in this case, keep in mind that the employee is given a full day of rest, regardless of the number of hours actually worked. day off or a public holiday.

Thus, the employer does not have the right to stipulate in the local act of the enterprise that employees are only given time off for working on a holiday.

How is time off granted for working on a holiday reflected in an employee’s salary?

Article 112 of the Labor Code of the Russian Federation establishes the procedure for compensating an employee for work on a holiday in the form of additional payment. However, the employee may, if he wishes, replace it with time off.

Instead of increased pay, the employee may be given another day of rest if desired. In this case, work on a non-working day is paid in a single amount, and a day of rest is not subject to payment. This means that for a salaried employee, if he uses a day of rest as compensation, his salary is not reduced. It does not take into account whether the employee uses a rest day in the current month or in subsequent months.

Thus, time off granted for work on a holiday should be excluded from the standard for recording working time. IN report card this day is designated as a day off by the code “B” or digital “26” when used unified forms No. T-12 or No. T-13.

Important! Employees working on a piece-rate basis must be paid extra for non-working holidays when they were not involved in work.

On what date should an employee be dismissed if the dismissal coincided with holidays?

Receiving a resignation letter from an employee on the eve of the holidays often becomes a problem for a personnel officer. After all, according to the Labor Code of the Russian Federation, the date of dismissal may fall on holidays, and the employee may fundamentally not want to postpone it.

If the last day of any period falls on a non-working day, then its end is postponed to the next working day (Article 14 of the Labor Code of the Russian Federation). It is possible to reschedule a dismissal date that falls on a holiday or weekend only if that day is not a working day for the employee. In practice, this situation is resolved as follows. If the day of dismissal is a non-working day for both the personnel officer and the employee, then the date of dismissal can be postponed to the next working day. The courts agree with this in case of dismissal due to fixed-term contract and staff reduction. This rule can also be extended to voluntary dismissal.

At the same time, the day of dismissal is the last day of work. As a result, it may turn out that the employee needs to be fired on the HR officer’s day off. At the same time, this day will be a working day for the employee. This often happens when an employee works on a sliding or shift schedule. If it is a working day for the person being dismissed, then in order to formalize the dismissal, an employee of the HR department is brought to work on a holiday. As a more convenient option, they agree with the employee to postpone the date of dismissal.

NIs it possible to pay sick leave benefits if an employee is sick on holidays?

IN general case Sickness benefits are paid for all calendar days of illness. At the same time, non-working holidays under Article 112 of the Labor Code do not need to be excluded from calendar days of illness, since they do not belong to excluded periods for which benefits are not paid.

Important! If sick days coincide with non-working days, then sick leave benefits must be paid for them in general procedure. This provision follows from Part 8 of Article 6, Part 1 of Article 9 of the Law of December 29, 2006 No. 255-FZ.

It is important for the personnel officer to take into account that labor legislation generally guarantees the preservation of the level of remuneration for personnel not working on holidays. Any exceptions to the general rule must be legally justified.

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which working hours does not turn on.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.

(edited) Federal Law dated June 30, 2006 N 90-FZ)

Article 109. Special breaks for heating and rest

For certain types of work, it is envisaged that employees will be provided with special breaks during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

For workers working during the cold season outdoors or in closed, unheated rooms, as well as loaders engaged in loading and unloading operations, and other workers, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Weekends

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

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 112. Non-working holidays

Non-working holidays in the Russian Federation are:

(Part one as amended by Federal Law dated December 29, 2004 N 201-FZ)

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

(as amended by Federal Law No. 35-FZ dated April 23, 2012)

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 payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

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

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated April 23, 2012 N 35-FZ)

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

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

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

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 employer’s property, 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, threatening the life or normal living conditions of the entire population or part of it.

Attracting creative workers to work on weekends and non-working holidays mass media, cinematography organizations, television and video filming crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

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

In other cases, involvement in work on weekends and non-working holidays is permitted 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, it is allowed to carry out work, 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.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, upon signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Let's consider situations when an employer can involve employees in work on weekends and holidays, the amount of additional payments for these days depending on the remuneration system used at the enterprise, the specifics of paying a business trip employee and creative workers for a day off or a holiday.

WORK AND REST MODE

The employer has the right to independently establish a work and rest schedule and a wage system in accordance with labor legislation, taking into account the specifics of the organization’s activities and its needs for labor resources.

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

At enterprises with a continuous cycle of work, where suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the calendar week in turn to each group of workers in accordance with the internal labor regulations. In this case, most often they keep total records of working hours.

In addition to weekends, employees are provided with holidays. In accordance with Art. 112 Labor Code of the Russian Federation non-working holidays in the Russian Federation are:

NOTICE

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

In accordance with Part 5 of Art. 112 of the Labor Code of the Russian Federation, for the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days in the next calendar year by a regulatory legal act of the Government of the Russian Federation. Information about their transfer is subject to official publication no later than a month before the start of the corresponding calendar year.

CONDITIONS OF EMPLOYMENT TO WORK ON WEEKENDS AND HOLIDAYS

According to the general rule enshrined in Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. The exception is certain situations provided for by law.

An employer may involve employees to work on weekends and holidays only with the written consent of the employee in the following cases:

• the production and technological cycle in the organization is uninterrupted;
• the organization’s specialists perform work caused by the need for constant continuous service to the population;
• there was a need for urgent loading and unloading operations.

Sometimes obtaining the employee's consent to perform work duties on weekends is not required. This is possible if the following conditions are met, specified in Part 3 of Art. 113 Labor Code of the Russian Federation:

• to prevent or eliminate the consequences of an industrial accident, natural disaster, catastrophe;
• to prevent accidents, destruction and damage to property of enterprises;
• to perform work the need for which arose in connection with an emergency situation, including caused by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in work on weekends and holidays (Article 259 of the Labor Code of the Russian Federation). It is prohibited to use minors on weekends and labor, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation). Creative workers under 18 years of age may be employed to work at night, on weekends and holidays.

NOTICE

Night time is considered to be from 22:00 to 6:00.

Work on weekends by disabled people or women who have children under three years of age is possible with their written consent and in the absence of medical contraindications to working overtime.

Work on weekends and non-working holidays must be documented accordingly. Necessary:

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

PLEASE NOTE

Whenever emergency situations going to work on weekends and holidays can also occur by verbal order from management (before the order is issued).

All additional conditions for going to work on weekends and holidays can be specified in the internal regulations on remuneration.

The form of the document confirming the employee’s consent to work extra time is not approved by law. Each enterprise has the right to develop it independently. Let's imagine an example of this form:

Notification

dated 05/19/2017 No. 5

The need to work on days off

Dear Oleg Ivanovich!

Due to production needs (unloading perishable goods), we ask you to come to work on the day off May 20, 2017 (from 9:00 to 13:00).

Work on a day off will be paid double in accordance with Art. 153 of the Labor Code of the Russian Federation.

At your request, you can get another day of rest without additional payment.

Please make a note indicating your consent or refusal to go to work.

Director of LLC "Rhythm" Klimanov V. M. Klimanov

Reverse side of the notice

I have read the notification.

I agree to go to work " 20 » May 2017

Exit conditions: Double pay for work on days off .

Medical contraindications for work: I don't have .

Storekeeper Ivanov O.I. Ivanov 05/19/2017

PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS

Payment for work on weekends and holidays is carried out in accordance with Art. 153 Labor Code of the Russian Federation. The amount and terms of payment are presented in table. 1.

Table 1. Amount and conditions of remuneration on weekends and holidays
Remuneration system	Payment amount	Payment terms
Official salary	Amount of one official salary	If work on a weekend or holiday was carried out within the monthly working hours
	Double salary amount	If the work was performed in excess of the monthly working hours
Time payment	At least double daily or hourly tariff rate
Piece payment	At least at double piece rates	In all cases, when working on weekends and holidays

Labor legislation establishes minimum wage guarantees on non-working holidays, which the employer can increase through contractual or local regulation. The employer has the right to establish specific amounts of remuneration for work on a weekend or holiday and stipulate them in the collective agreement, internal local regulations, or employment contract. This is explicitly stated in Art. 153 Labor Code of the Russian Federation.

THIS IS IMPORTANT

Amounts of payment for work on a day off or a non-working holiday, prescribed in the collective agreement, local regulations company and employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing labor law norms (Article 149 of the Labor Code of the Russian Federation).

At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. If an employee requests to provide time off, he must write a corresponding statement. In this case, work on a weekend or holiday is paid in a single amount, and a day of rest is not subject to payment.

If the amount of remuneration on a non-working holiday is less than the amount of remuneration established by labor legislation, then the employee has the right to apply to the State Labor Inspectorate. Based on the results of the inspection, the employer may be held administratively liable for violating labor laws. Officials face a fine of 1,000 to 5,000 rubles, legal entities— from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For partial non-payment of wages for more than three months, criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation). However, according to statistics, workers rarely turn to the State Labor Inspectorate with such complaints.

Payment for work on weekends and holidays for a salaried employee

For employees who have a fixed salary, wages in excess of the monthly norm are calculated based on the daily or hourly rate (in excess of the salary).

Daily rate is determined by dividing the employee’s salary by the number of working days in the month according to the production calendar for which the salary is calculated.

For calculation hourly rate two options can be used.

Option 1: the employee’s salary is divided by the number of working hours in a month according to the production calendar for which wages are calculated:

Hourly rate = Salary / Monthly standard according to the production calendar.

Option 2: the employee’s salary (monthly tariff rate) is divided by the average monthly number of working hours:

Hourly rate = Salary / (Average annual standard / 12).

Average monthly working hours is the result of dividing the annual time standard by 12.

The official salary of engineer Surikov O.B. is 60,000 rubles. He has a 40-hour work week, with days off on Saturday and Sunday.

In fact, Surikov O.B. worked 15 days in May, including one holiday: due to production needs, he worked on May 9. The standard working time in May 2017 is 20 days. Let's calculate Surikov O.B.'s payment for May 2017.

1. Let's determine the daily rate. To do this, divide the employee’s salary by the number of working days in May 2017 according to the production calendar:

60,000 rub. / 20 days = 3000 rub.

2. We calculate payment on a holiday.

Surikov O.B. worked on a holiday. At the same time, he did not exceed the standard working time (20 days) established for May 2017. This means that his payment on the holiday of May 9 will be equal to the daily rate - 3,000 rubles.

3. We will calculate payment for the remaining time actually worked in May. We multiply the daily rate by the number of working days worked:

3000 rub. × 14 days = 42,000 rub.

4. Let's calculate wages for May. O.B. Surikov’s salary for May 2017 will be:

42,000 rub. + 3000 rub. = 45,000 rub.

E. V. Akimova, auditor

The material is published partially. You can read it in full in the magazine



Non-working holidays in the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by Federal Law No. 35-FZ of April 23, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127);

(Part one as amended by the Federal Law of December 29, 2004 N201-FZ - Collection of Legislation of the Russian Federation, 2005, N1, Art. 27)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with the non-working holidays specified in paragraphs two and three of the first part of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article (as amended by Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127).

Employees, with the exception of salaried employees

(official salary), for non-working holidays on which they were not involved in work, additional remuneration is paid. The amount and procedure for paying this remuneration are determined by a collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays relate to labor costs in full (new part three was introduced by Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Article 27; harm. Federal Law dated June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art.

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Art. 2878).

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of holidays to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off (as amended by Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation , 2006, No. 27, Art. 2878; Federal Law of April 23, 2012 No. 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127).

(Parts three and four are considered respectively parts four and five on the basis of the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27)