Holidays: Attraction and Compensation

For most able-bodied people, their life is divided into periods when they work and when they relax. Among the periods of rest, the law defines a weekly rest or weekend, in which a person is completely exempted from work. Non-working holidays are added to such days. However, the production process or other activity often requires that work on holidays be the same as on workers.

work on holidays
Due to the fact that in this case there is a certain infringement of the workers' rights to normal, statutory rest, they are called to work in such periods subject to certain conditions and the provision of compensation. Work on weekends and holidays, as a rule, is carried out only with the consent of the employee (written). An exception is situations when an employee is needed to prevent disasters, accidents, accidents, damage or destruction of property or other work associated with any emergency. In addition, work on holidays, except for the listed emergency cases, will be legal only after receiving the opinion of the trade union organization on this issue.
work on weekends and holidays
There are also certain categories of people whose activities systematically coincide with Sunday, Saturday (the second main day off during five days) or non-working holidays. These include people from creative professions, members of the media, theaters, cinematography, circuses and concert organizations, whose work on holidays is necessary to meet the needs of people resting at this time. The lists of such positions and professions are approved by the Government, and the procedure for attraction is determined by local acts of organizations.

The main principle that the labor code prescribes: weekend work occurs in exceptional cases when production tasks are unforeseen in advance and the normal activities of the organization depend on their implementation. True, there are situations when such activities can be carried out systematically - these are continuous production, public services, emergency loading and unloading and repair processes.

At the same time, there are categories of people whose work on holidays is allowed only if it is not forbidden to them for health reasons or regulatory documents. Moreover, that they can refuse to attract people should be familiarized in writing. In particular, these categories of workers include women with children under three years of age, and persons with disabilities.

Labor Code Weekend Work

Attraction must be formalized by order. As compensation for this, the worker is given double payment, or a single payment and a day of rest (unpaid). If a person receives a salary, then when determining compensation, it matters whether he worked within or above the monthly norm. For work within the monthly norm, a single payment is expected, for work in excess of the norm - double. Normative acts of the organization may establish a higher amount of compensation than provided for by the Labor Code of the Russian Federation.

Source: https://habr.com/ru/post/F23401/


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