The implementation of labor activity on non-working days and holidays is prohibited by law, in some cases this is permitted, but only with the written consent of the citizen. Women who have children who have not reached the age of three years, as well as workers with disabilities, can be employed on weekends only if they are allowed for health reasons. At the same time, these persons must be informed in writing that they may refuse to carry out labor activities at the indicated time.
Recruitment
The legislation stipulates that labor activity of citizens on weekends and non-working holidays is not allowed, as art. 113 of the Labor Code of the Russian Federation. Despite this, in some cases, citizens can be involved in the implementation of labor duties by the head, if this will allow to continue to maintain normal work in the enterprise and in all its divisions.
In order to attract a citizen to work on a non-working day or holiday , the boss must take written consent from him. Otherwise, this will be considered a violation of labor law, because it is possible to oblige an employee to perform work on holidays and weekends without his consent only under the circumstances provided for in Art. 113 of the Labor Code of the Russian Federation.
The performance of labor duties by a citizen during non-working hours always occurs only on the basis of an order or order of the head of the organization, with which the employee must be familiarized with signature.
Employee consent not required
Despite the fact that engaging in labor on weekends and even holidays is prohibited by law and is carried out only with the consent of the employee, which he gives in writing, Art. 113 of the Labor Code of the Russian Federation, there are a number of cases where work at a specified time is allowed even without his consent. This happens under the following circumstances:
- in the event of prevention of an accident or disaster at work, as well as to eliminate all their consequences;
- when there is a risk of damage to the property of the organization;
- for work related to emergency situations and martial law;
- if there is a threat to the life of the population.
In the event that these facts are absent, the head has the right to attract employees to work after hours only with their consent.
Involving people with disabilities and women with children under 3 years old
Women who have children under the age of three years, as well as disabled people, can perform work duties after hours only if it is not forbidden by them due to health reasons and is confirmed by the conclusion of a specialist. In addition, these citizens should be familiarized with this under the signature, as art. 113 of the Labor Code of the Russian Federation.
Payment
When performing the labor function on non-working days, employees are entitled to an increased payment, which is increased by at least two times. If the citizen himself, who worked on a weekend or holiday, wants to take another day for rest, then he should be provided with it. At the same time, his labor activity will be paid, as for a regular working day.
Since work on weekends and holidays is prohibited, but in exceptional cases is permitted, then in accordance with this, the payment is increased at least twice. That is why the rules of Art. 113, 153 of the Labor Code of the Russian Federation are inextricably linked, which allows the employer to make the correct payroll for the employee who worked at the specified time.
Consent Written
Labor activities outside working hours are allowed only with the written consent of the employee. This is spelled out in Part 2 of Art. 113 of the Labor Code of the Russian Federation. A specific sample in this case does not exist, therefore, an application can be written by an employee in the name of his boss in free form.
An approximate form of consent to work at the weekend is as follows:
Director of LLC ____________
from citizen ____________
position______________
Statement
I inform you of my consent to work on a non-working day 00.00.00, I have no contraindications for health, which is confirmed by medical report No. ________.
Date _______ Signature _________ (transcript)
Overtime work
Work carried out by a citizen in excess of the time-bound norm is called overtime. Persons who have given written consent to this type of work are allowed. In addition, the employer in this case should take into account the opinion of the union.
Overtime work may involve employees without written consent in cases of disaster prevention, industrial accidents and in emergency situations when there is a threat to the life of the population. The same circumstances are indicated in Art. 113 of the Labor Code of the Russian Federation. Overtime work is not intended for persons under 18 years of age and pregnant women, and women who have children under the age of three years and citizens who are disabled can be brought to it only if it is not contraindicated for health reasons, as confirmed by a medical document.
Executive Order
Recruiting a person for work on a day off must necessarily be based on the disposal of management. In this case, the will of the chief may be issued in the form of an order in relation to a particular person. Of particular importance here are the circumstances in which a person goes to work. They must be truly substantiated and legal.
According to Part 8 of Art. 113 of the Labor Code of the Russian Federation, the involvement of employees on weekends or holidays is carried out only with the written order of the head, although a certain form of such a document does not exist. It is compiled as follows:
LLC ____________ (organization name)
Order No. ________
"On engaging in labor activity on non-working days"
00.00.00 years, the city ___________
In connection with the production need in the territory of LLC _____________ I order:
1. Oblige to come to work for the implementation of the duties of an employee of the mechanical department ____________ (full name) on a public holiday 00.00.00 of the year. In accordance with the Labor Code, accrue double wages.
2. The personnel department specialist should familiarize the citizen ______ (full name) with this order for signature.
Reasons:
- memo of the head of the mechanical department of LLC ____ (full name);
- consent of the employee.
Acquainted ________ (signature) _________ (transcript)
Date ______
Interpretation
Art. 113 of the Labor Code of the Russian Federation with comments gives a full interpretation of all cases where it is allowed to involve workers in labor activities outside working hours. Moreover, each part of the article interprets this in different ways:
- the first stipulates that work on non-working days and holidays is prohibited;
- the second one speaks of unforeseen circumstances in which the boss can attract an employee to work at the weekend, but only if the latter agrees;
- the third gives the employer the opportunity, without the consent of the subordinate, to involve him on weekends and holidays, but only in certain cases;
- the fourth indicates that the implementation of the labor activities of creative people after hours occurs only in the manner prescribed in a collective or other agreement;
- the fifth indicates other categories of workers who may be involved in work after hours only with the consent of the trade union;
- the sixth provides for the possibility for people to carry out labor activities whose activities cannot be stopped and are mandatory for the population, for example, work in a workshop at a factory, at an emergency station, at a water protection territory;
- the seventh secures the rights of disabled people and women who have children under three years of age, they can refuse to work outside the working hours and holidays in writing;
- the eighth is final and assigns the employer the obligation to issue an order or instruction if he engages subordinates to work on non-working days, indicating the level of increased pay.
Situations when work prohibited during the weekend becomes permitted are indicated in Art. 113 of the Labor Code of the Russian Federation with comments, and examples here may be cases where certain categories of persons with whom a labor contract is concluded for several months can be involved in the exercise of labor functions after hours and on holidays with their written consent.
I do not agree to work on the weekend
Cases when people do not agree to work on weekends and holidays are always encountered in practice. Here the boss can no longer influence the subordinate. Because engaging in labor activity at this time will be illegal, except in those exceptional cases, which are indicated by Article 113 of the Labor Code of the Russian Federation. The prohibition of work on weekends and non-working holidays directly justifies the fact that engaging in work in this situation is unacceptable and can only occur with the consent of the person who will issue it in writing, and only if it is necessary to continue normal organization activities.
Allowed weekend work
Except in those cases when the performance of labor functions during off-hours is unacceptable, there are types of work where their suspension is simply not possible and therefore allowed. On weekends, the following activities are allowed:
- manufacturing enterprises, for example, labor in a workshop at a factory or factory;
- organizations that serve the entire population, such as emergency and gas services.
It is also permitted to carry out emergency repairs and unloading.
Arbitrage practice
Despite the fact that all managers try to comply with labor laws, sometimes there are situations when employees, believing that their rights have been violated, turn to the judicial authorities for protection. And very often such processes win.
Example: a citizen with a disability worked as a cleaner at an enterprise. On the weekend , the boss asked him to go out and collect the trash left over from the welding work. At the same time, the employer did not see the fact that the person is a person with disabilities. A citizen refused to work on that day, and his boss fired him for absenteeism. The employee went to court.
When considering the case file, the court explained that the termination of the employment contract was unlawful, because the citizen is disabled, which means that he can be involved in labor activities outside working hours, if this is not prohibited for him due to health reasons in accordance with a medical opinion, as indicated by the article 113 of the Labor Code of the Russian Federation. Cases of attracting workers on non-working days without their consent are expressly stated in the code. Therefore, the dismissal of a person was unreasonable. As a result, a citizen was reinstated in an organization with compensation for non-pecuniary damage and payment of involuntary absenteeism.