Article 153 of the 2015 Labor Code of the Russian Federation has not undergone any changes. The norm defines the procedure for calculating salaries to employees on weekends and holidays. Let us further consider what rules are established by article 153 of the 2016 Labor Code of the Russian Federation .
Calculation Procedure
Article 153 of the Labor Code of the Russian Federation establishes that work on holidays and days off is paid at least twice. The norm defines specific rules for certain categories of employees. In particular, payment is made:
- To dealers - no less than double rates.
- For employees whose professional activities are paid according to hourly or daily rates, at least the second rate.
- Employees who receive a salary - not less than a single rate (hour / day) above the norm. This rule applies if professional activities were conducted on holidays and weekends within the monthly time standard. If the work was carried out in excess of the norm, the calculation is carried out at a double rate in excess of the salary.
Specific salary levels can be provided for in a collective agreement, a local act, which is approved taking into account the views of the union or a labor contract. Part 3 of Article 153 of the Labor Code of the Russian Federation establishes that at the request of an employee who carried out professional activities on a holiday or day off, he may be provided with another day to relax. In this case, the salary is calculated in a single size. At the same time, time off is not paid.
Additionally
Article 153 of the Labor Code of the Russian Federation classifies media workers, video and television crews, concert, theater, circuses, cinematographic organizations, as well as other persons involved in the performance / creation of works in a separate category. Payment for their work on holidays and weekends may be determined on the basis of a local act, labor or collective agreement.
Comments on Article 153 of the Labor Code of the Russian Federation
The implementation of professional activities on holidays and weekends, legislation refers to work in conditions that deviate from normal. In accordance with the general rule, this situation is not allowed. Attraction of citizens to activities on holidays and weekends is carried out with their consent, written in writing, if necessary, to perform unforeseen tasks, the normal functioning of the enterprise as a whole or its individual divisions subsequently depends on their urgent implementation. Article 153 of the Labor Code of the Russian Federation, allowing employees to be employed beyond the norms of the time, establishes a series of guarantees for them.
Exceptions
As mentioned above, the involvement of individuals in overtime activities is carried out by their consent. However, the law provides for cases when it is not required. In particular, it is allowed to involve citizens in activities on a weekend or holiday for:
- Prevention or elimination of the consequences of a disaster, natural disaster, industrial accident.
- Prevention of damage / destruction of property of the tenant, municipal / state property, accidents.
- Performance of work, the implementation of which is caused by the introduction of a military or emergency, emergency measures in emergency situations, in other circumstances that threaten the health and life of the population or individual citizens.
In all other situations, it is necessary to obtain their consent to attract workers. As compensation for the use of leisure time, article 153 of the Labor Code of the Russian Federation provides for increased payment.
Nuances
On holidays / non-working days, it is permitted to perform professional tasks, which cannot be suspended for production and technical reasons. In particular, this is characteristic of continuously operating enterprises. In addition, work is allowed due to the need to provide public services related to emergency repairs, loading and unloading. Attraction of women with dependents up to three years of age to disabled persons to perform professional duties on weekends and holidays is permitted provided that they are not contraindicated in accordance with an opinion issued by a medical institution in the manner established by federal law or other regulatory documents. These persons must be familiarized with a signature with the right to abandon activities on rest days. Attraction of persons on weekends and holidays is carried out by order of the employer.
Calculation specifics
A labor or collective agreement may provide for a higher payment for professional activities, compared with the established art. 153. If the work was partially carried out during the holiday, then only those hours that were included in overtime were compensated. Legislation allows the replacement of payment on the day off.
In this case, the employee will not receive an increased salary. At the same time, the time off will not be paid.
Conclusion
In the course of the enterprise’s activities, various unforeseen circumstances may arise in which overtime involvement of employees may be required. The employer must comply with the rules established by law. In particular, it is necessary to obtain the consent of citizens (written) to perform overtime work by them . In addition, employees should be compensated for unused hours / days of rest with cash payments. The law prescribes the calculation of the salary for work on a weekend or holiday in double size. Such a requirement is aimed at realizing the right of citizens to receive decent pay for their work. Art. 153 is of a dispositive nature, providing for the possibility of an employee to refuse compensation in exchange for another day of rest. In this case, the citizen must understand the consequences of their actions. Receiving a different day of rest, he loses the increased payment for his professional activities carried out on a weekend or holiday.