Quite often, citizens who work in different companies officially are forced to face the need to work on weekends or holidays. Employers may require their specialists to go to work on such days, but at the same time, activities must be paid at higher rates. Workers may request higher pay or leave time off.
Legislative regulation
The basic information about the rules of official work is fixed in the Labor Code. In Art. 113 of the Labor Code prescribes that everyone has the right to days off, but there are certain situations in which employers may require workers to work on weekends and holidays.
To exit on such days, you must have some urgent and significant situation in the company. Therefore, it is allowed to call employees to perform duties outside the working week under the conditions of:
- certain actions are required to prevent or eliminate the consequences of various accidents or disasters;
- the implementation of measures to prevent various accidents or causing material harm to citizens;
- work is required as a result of the introduction of martial law or emergency;
- the employees themselves agree for various reasons to work on the day off, for which a corresponding order must first be issued by the management of the company.
There are certain categories of hired specialists who cannot be called to work on weekends, all of which are listed in Art. 259 TC. Additionally, Art. 268 of the Labor Code states that it is not allowed to involve minors or pregnant women in overtime work, and even in a situation if they agree to such activities.
Who is not allowed to attract?
The Labor Code clearly states that some citizens who work officially in the company cannot be involved in overtime work. These include:
- Employed adolescents aged 14 to 18 years;
- pregnant women.
In addition, some specialists stand out who can be limitedly involved in work. These include single mothers or single fathers involved in raising children who are not yet three years old.
Disabled people are allowed to work on a weekend on the Labor Code of the Russian Federation, but some requirements must be met for this:
- there are no contraindications for additional work due to health reasons;
- there is a citizen's consent to the activity;
- persons with disabilities must first be informed by the employer that they may refuse to work overtime.
At the same time, it is important to correctly determine the amount of payment for such work.
The nuances of calculating payment
If citizens are called on their weekends to work, then they can expect an increased amount of payment. For this, it is taken into account how the standard labor payment is calculated for them. Payment for work on weekends and holidays is determined by the rules:
- people who get paid for working hours can rely on double tariffs;
- double rates are used for stockholders;
- for citizens receiving a fixed salary, an increase of not less than the daily or hourly salary rate is assigned, if the work performed is within the norm, and if there is an excess of the norm, then a double daily or hourly salary rate is applied.
Additionally, the provisions of the employment contract may be taken into account, where there may be a clause regarding overtime work. But it is not allowed that this information in any way violates the requirements of the law.
Working conditions
Employers should understand that it is allowed to call people to work on their day off only if there are good reasons. In addition, it is required to obtain from each employee the corresponding consent, drawn up in writing and certified by the signature of a specialist.
The company management must have official evidence that there really are good reasons for the specialists to go to work. They should be provided to citizens for study. If employees find out that they have been deceived by the employer, and weekend work was required without good reason, then they can contact the labor inspectorate with a complaint. Based on such statements, a company audit may be conducted, and for the company, the results may be disastrous.
How is such work paid?
In Art. 153 TC lists all the rules on the basis of which it is determined what funds employees should receive for work on their day off. Due to the provisions of the law, financial guarantees are provided for specialists who cannot refuse an employer.
How is work paid on the day off? For this, double tariffs are used, so the standard rate is doubled. The size of such a rate and the method of calculation are determined by each company separately. Usually, the methodology is formed and fixed in a collective agreement, and a separate order is often issued for these purposes.
In Art. 153 states that payment cannot be less than 100% of the standard rate, and employers have the right to set a higher payment if necessary.
Payment by salary
Many companies use this method of remuneration of employees. The rate per day or hour is calculated based on the invariable amount of funds represented by the salary. Usually, payment depends on which rate of working time is taken as the basis.
Fair calculation is based on the annual rate, but to reduce costs, the employer can apply the rate within a month.
How are days paid for piecework?
Often, different companies use piece-rate pay. In this case, payment for work on a day off will be different for each person. The amount depends on how much production was released, as well as on what other work was performed over a specific period of time. Often, the number of customers served is taken as the basis.
The amount obtained as a result of development necessarily doubles.
How is payment calculated at a daily or hourly rate?
The most standard and easiest calculation is the payroll scheme, which uses the rate per day or hour. Its size is prescribed directly in the employment contract, so each employee can independently determine how much he should receive after work a certain amount of time or days.
For example, if a citizen receives 1,200 rubles in 8 working hours, then if he goes to work on weekends, he will receive 2,400 rubles in the same time.
More difficult will be the calculation if the company operates around the clock. Under such conditions, only a certain part of a shift of an employee may occur on a day off. Therefore, it is important for the time-attendant to carefully enter information into the T-13 form in order to prevent a mistake. Additionally, the need to pay extra for night work is taken into account. According to Art. 154 TC for the time from 22 to 6 hours you need to add 20% to the base rate.
Is extra relaxation offered?
The Labor Code clearly states that citizens themselves, who go to work on their weekends, determine what kind of compensation they will receive. Work on weekends and holidays can be paid in double size, and this payment can also be replaced by a day off on any working day.
Not all people gladly sacrifice their days off for a double fee, therefore they often refuse monetary compensation, therefore they demand from the employer that he in the future allocate additional time off during the working week. This possibility is provided for in Art. 153 TC.
The employer must warn the employer of such a choice of compensation until the day when a work order is issued on the weekend, a sample of which is located below. This is due to the need to coordinate additional time off on the calendar.
Often, disagreement arises between the employer and specialists regarding the registration of time off. This is due to the fact that the TC does not fix the need to coordinate additional time off with the management of the company, so employees willfully decide when they will rest during the working week. This can adversely affect the functioning of the enterprise, therefore, managers often refuse to be absenteeism illegally. Therefore, it is advisable to specify the compensation method in advance when forming an order. If an additional day off is selected, then it is immediately decided which day the employee will choose. If the exact date is not agreed upon, then the absence of a citizen at the workplace may be regarded by the employer as truancy.
If the compensation provided by the additional day off is used, then it is paid in the standard way, therefore, no double amount is paid. Even if the employer called the specialist for a few hours only, the specialist can count on an additional full time off.
Work on weekends should be carried out with the consent of the citizen, so he decides whether it will be paid in double size or replaced by another weekend.
How is it made out?
Initially, really good reasons should appear to call specialists to work on their legal day off. Recruiting for work on a weekend should be carried out with proper clearance. Therefore, the employer performs the following actions:
- Initially, a memorandum is formed. It should contain information about the reasons for the need to work on a day off. It is indicated how urgently specific types of tasks should be carried out.
- Each employee who will be involved in the work, studies this note.
- Each specialist must obtain written consent or refusal to work. If you need to deal with the consequences of accidents or disasters, then you need to get consent only from people with disabilities or other citizens who have certain health problems.
- An order is issued to work on the day off. Under the labor code, weekend work is allowed only when compensation is paid or when leave is granted. This moment is certainly indicated in the order, so employees must decide in advance which method is considered relevant for them.
- The order for familiarization is provided not only to employees who will be forced to go to work, but also to those citizens who are responsible for the safety of their activities, the material condition of the company and other significant elements of the enterprise’s work.
- Occupational health and safety training is being conducted. This is required when changing working conditions.
- All hours worked by employees are taken into account.
- Settlement with specialists.
- An order is issued, on the basis of which the rest is postponed to other days, if employees instead of monetary compensation chose a day off.
Additionally, a task assignment may be issued or other documentation generated. The process depends on the specifics of the entire enterprise.
How is consent made?
If the work is not related to accidents or emergency situations, then employees are required to consent to the activity. According to the Labor Code of the Russian Federation, payment for work on weekends depends on the chosen settlement system, but consent is required in any case. It is written in writing. The following information is certainly recorded in the document:
- date when you need to go to work;
- day of the week;
- the nature of the planned work;
- citizen consent to work overtime;
- employee information;
- it is prescribed that a citizen does not have any serious health problems;
- indicates the wish of the specialist regarding compensation or provision of time off;
- there must be a statement that the employee is informed of the planned work, and also agreed with it, therefore, cannot refuse to work in the future.
At the end, the signature of the employee is required.
Conclusion
Thus, work on weekends is allowed only if there are relevant relevant grounds. Each employer must understand how such a process is formed correctly.
You can provide the employee with monetary compensation or additional days off. In this case, the procedure should be properly executed so that the specialists do not have grounds for drawing up a complaint to the labor inspectorate.