According to the Labor Code, employees must perform labor duties at a fixed time, the norms of which are specified in legislation. Since weekly employment should not exceed 40 hours, and only 5 or 6 working days (depending on the organization’s working hours), any deviation from this norm is overtime. Article 153 of the Labor Code of the Russian Federation regulates payment on weekends and holidays, which are also considered overtime.
Weekends and Holidays
Weekends are considered days of uninterrupted weekly rest, which are established by the rules of the work schedule. These days do not necessarily include Saturday and Sunday. It all depends on the employee’s work schedule and payment system.
Therefore, a special procedure for involvement in labor activity and its payment will be valid only when the employee goes to work on a holiday, established by internal documents and schedule.
Holidays are usually set at the state level. And going to work these days involves increased pay. The holidays include the following periods:
- New Year holidays.
- Christmas.
- Defender of the Fatherland Day.
- March 8.
- Russia Day.
- National Unity Day.
What the law says
It is possible to involve employees in work on holidays or weekends without their consent in several cases:
- In the aftermath of an accident or natural disaster.
- To eliminate the destruction of the employer's property.
- When working in emergency situations or martial law.
It is possible to involve people in the creative profession in overtime work based on a list approved by the government.
According to the law, on weekends and holidays it is forbidden to use the labor of disabled people and women who have children under 3 years old. These categories of employees must be notified with the right to refuse to work.
According to Article 153 of the Labor Code of the Russian Federation, wages on weekends and non-working holidays are paid by the employer in double size. And in particular:
- with piecework salary - at a double rate;
- at hourly or daily payment - at a double tariff rate;
- with the established salary - not less than the daily norm.
Also, at the written request of the employee who worked on the day off, the employer must give an extra day for rest. But then the worked day will be considered and paid as usual, and the extra day is not paid.
Decor
Before involving employees in overtime work, it is necessary to consider all the nuances. These include:
- The exclusion of those who cannot be involved in the work process on weekends and holidays: pregnant women, women raising minor children, minors themselves.
- Notification of all employees about work on the day off. Here should be information on the dates of specific employees coming to work and the name of the units where the employee should work. The document is prepared in several copies and is subject to accounting in a special journal. If the employee refuses, it is necessary to draw up an act.
- Receiving a positive response from employees, which is executed in writing.
- Issuing an order.
- Registration of the order in a special magazine with the familiarization of all employees for signature.
After the days worked, the “BP” or “03” marks and the number of hours worked should be in the report card. Compensate for spent weekends, according to Art. 153 of the Labor Code of the Russian Federation (with comments), the employer may pay accordingly or provide additional days off.
Order
As mentioned earlier, before involving employees in work on a weekend or holiday, it is necessary to notify them and obtain consent or disagreement. The document that further regulates the additional payments for work is an order.
The order contains information about all employees who are going to work overtime and the dates of such work. All employees must familiarize themselves with this order by signature. If one of the employees refuses to do this, an act must be drawn up.
The order is drawn up by an authorized employee and must be approved by the head.
Payment
Considering part 3 of article 153 of the Labor Code of the Russian Federation, the procedure for calculating payment depends on the system as a whole. Let's look at examples of how accrual occurs.
With piecework payment. An employee produced 60 parts in a working month. Payment for one item is made in the amount of 800 rubles. In addition, he was called to work on a legal weekend four times. During these days, he made another 10 parts. We carry out the calculations:
- The salary of an employee for a month without taking into account the additional output is (60-10) * 800 = 40,000 rubles.
- Payment for work on the weekend is 10 * 800 * 2 = 16,000 rubles.
- The total employee salary will be 40,000 + 16,000 = 56,000 rubles.
Hourly pay. According to Art. 153 of the Labor Code of the Russian Federation, calculations with this payment system are made differently than in the first case. In June, the employee worked for 200 hours, leaving at the same time twice on his day off, having worked 16 hours. Payment per hour is 100 p. We carry out the calculations:
- We learn earnings excluding additional outputs: (200-16) * 100 = 18,400 rubles.
- We learn the surcharge: 16 * 100 * 2 = 3 200 rubles.
- In total, the employee will receive 18,400 + 3,200 = 21,600 rubles.
Payment on holidays at salary. Given the provisions of Article 153 of the Labor Code of the Russian Federation, overtime work on holidays with a fixed salary is paid as follows:
- The daily rate is calculated without taking into account holidays.
- This figure is multiplied by two if the days go above the norm. If the norm is not exceeded, payment is in the amount of the tariff.
- The total amount is the employee’s earnings.
Shift work. In this case, if the change occurred on an idle day, then it must be closed in double size. The calculations are performed as follows:
- The price of one hour is calculated.
- The resulting number must be multiplied by the number of hours worked during the holiday.
- The final result is multiplied by 2.
Day off on a business trip. According to Article 153 of the Labor Code of the Russian Federation, if a business trip falls on a day off, payments are made at a double rate. Or the employee may ask for an additional day off.
Creative professions
Special payment conditions are provided for workers in creative professions. This includes:
- work in the media;
- work in cinematography;
- work on television, in the theater, in concert organizations, in the circus, etc .;
- work in professional sports.
Based on the fact that these professions presuppose labor activity both on holidays and on weekends, payment for these days is made in accordance with the established conditions of collective or labor agreements (part 4 of article 153 of the Labor Code of the Russian Federation).
Rest instead of money
The employee has the right to ask for compensation in the form of an additional holiday. This right also provides for the Labor Code. Art. 153 of the Labor Code of the Russian Federation regulates the ability to compensate for the worked day off by an additional day. This fact must be agreed with the employer, specifying when you can take an extra day off. If an employee went to rest without agreement, this is considered a violation.
In this case, you need to remember that the payment for the worked day off will be charged in the usual manner, without surcharges.