Working on weekends and holidays: instructions and reminder

Very often, in an organization, personnel work according to different schedules, their work is paid according to different rules... For each case, it is difficult to figure out how employees can and cannot be called to work on weekends and holidays. Let's try to deal with some situations in this publication. The material will be useful to our students of professional retraining and advanced training courses in the following areas:

• Accounting
• HR and personnel management
• Management in an organization (by industry: healthcare, educational institutions, manufacturing enterprises),
• State and municipal administration

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Labor Code on work on weekends and holidays

Article 113 part 1 of the Labor Code (LC RF) directly stipulates a general ban on work on weekends and holidays. But there are two cases in which the law gives the employer the right to involve its employees in work on these days. It also stipulates the conditions when this can be done. The admissibility of work on such days implies 2 types of conditions:

• Only with the written consent of the employee,
• When it is not necessary to obtain such consent.

With written consent

The employer may call you to work on a given day in case of urgency. Urgency should indicate a need that is related to the normal functioning of the organization in the future. Pay attention to 4 important concepts:

• Urgency
• Necessity
• Normal operation
• Further.

Urgency and necessity must be justified by the fact that the circumstances or situation encountered were not predicted or planned. The main requirement for the employer is to obtain written consent from the employee. However, such consent cannot be obtained the day after the release date. It must be received the day before or directly on the same day (in a situation where the employee agreed verbally, for example, by telephone, and then came to work).

Written consent is not required

An employee must (obliged) appear at work on a weekend or holiday without written consent in three cases:

1. An accident or other emergency situation occurred at the enterprise. The employee is involved in work to prevent or eliminate the consequences of a disaster, industrial accident or natural disaster;
2. To attract work to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
3. Introduction of an emergency, martial law for carrying out urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fire, flood, famine, earthquake, epidemic or epizootic) and in other cases threatening the life or normal living conditions of the entire population or parts thereof.

Consequences of workaholism

When you work constantly without days off, chronic fatigue develops. The vitality in the body decreases, and nervous exhaustion increases.

• Hormonal imbalance occurs , as high levels of stress disrupt the functioning of the adrenal glands and thyroid gland. The immune system is under a lot of stress.
• Irregular diet and consumption of fast food causes a deficiency of nutrients . The daily diet lacks sufficient amounts of minerals and vitamins. The basis of nutrition is high-calorie foods full of carbohydrates.
• The microflora of the stomach is disrupted . This process is aggravated by the use of antibiotics with regular self-medication. People who abuse their work, refusing to take sick leave, use medications uncontrollably and without a mandatory subsequent course of probiotics.
• Irregular work schedules lead to lack of sleep . The accelerated pace of life due to chronic lack of sleep increases the level of everyday stress.
• Total stay in an office or industrial premises causes a person to lack vitamin D due to insufficient consumption of sunlight. A decrease in physical activity leads to a general weakening of the body.
• Inveterate workaholics, without exception, complain of insomnia . They rarely manage to sleep more than 5 hours at a time. They feel constant unbearable fatigue. Even when waking up from a night's sleep, people greet the new day broken and exhausted.
• There are problems with short-term memory , searching for synonyms and selecting the right words.
• Other consequences of processing include the following: pain in muscles and joints, severe thirst, frequent infectious diseases, allergic reactions, weight gain and decreased libido.

The dangers of sedentary professions

People who spend long hours in a sedentary office die earlier than their peers . They develop the so-called “office syndrome”. It includes dry eye disease, migraines, musculoskeletal disorders, hemorrhoids and varicose veins.

Wrong light is a source of problems

In an office space, it is extremely important to pay attention to lighting . Dimmed light, which some may find cozy, actually reduces activity in the part of the brain responsible for learning and memory. Workaholics, constantly exposed to such lighting, are forced to stay at the workplace longer. They cannot complete the required amount of work in the allotted time due to slow brain activity.

Frequent business trips are a recipe for stress

Constant business trips cause anxiety . Every time people need to integrate into a new environment, find a common language with strangers and achieve their travel goals. As a result, they develop a depressed mood and the quality of their sleep is disrupted. As a result, people begin to seek relaxation through alcohol abuse.

Work on weekends and holidays for workers with a shift schedule

Special conditions are considered for those employees who perform labor functions on a shift work schedule. For this category of employees, work on such days may not fall under the provisions of Article 113 of the Labor Code.

• Saturday and Sunday for employees with a shift schedule

A shift on Sunday or Saturday does not equate to working on a day off. That is, for them they are ordinary working days. On this matter, there is a Determination of the Judicial Commission for Civil Cases of the Tambov Regional Court dated October 29, 2012 in case No. 33-2665.

• Holiday with a shift schedule

The provisions of Article 113 of the Labor Code apply to shifts on a holiday. That is, written consent is required here. And entry to work on a holiday must be paid at an increased rate. There is also judicial practice on this situation, for example, the Determination of the Judicial Commission for Civil Cases of the Trans-Baikal Regional Court dated June 11, 2013 in case No. 33-1976-2013, etc.

What to do if you are forced to work on weekends

1. Find out the phone number and coordinates of the regional labor inspectorate . Call or come in person for a consultation.
2. Correctly formulate your claims - where your rights were violated, and what changes you want to achieve.
3. Attach to the complaint evidence of violation of your rights (statutes, employment contracts, orders, internal regulations).
4. Send this package of documents by letter or bring it in person . When meeting in person, make sure the inspector has dated and signed your copy. Now all that remains is to wait for the complaint to be reviewed and verified within a month.
5. At the end of the inspection, the inspector will draw up a report and give your employer an order to eliminate the identified violations of the Labor Code. The boss will have to report to the inspector in writing about the correction of violations within the period specified in the order.

How should I call an employee on a weekend or holiday?

Rule 1: The head of the organization must issue an order to involve the employee in work on a non-working day. The order itself is drawn up in any form. As practice shows, such a document must be drawn up in 2 copies: one must be handed over to the employee against receipt. There are two lines “Agree” and a line “Disagree” here. This constitutes written consent.

Rule 2: It is necessary to state the grounds in any document - namely, quotes from Art. 113 of the Labor Code of the Russian Federation, indicating the employee’s right to refuse to work on a day off or a non-working holiday.

Rule 3 : Some employers ask the employee to write a written consent in any form.

Rule 4 : The completion of this process is registration in the time sheet (according to forms T-12 {} or T-13 {}). In the column where the date is indicated, you need to enter the letter code “РВ” or the digital code “03” at the top of the cell, which indicates the duration of work on weekends and non-working holidays, and at the bottom - indicate the exact number of hours worked by the employee on that day .

Should you complain if you are forced to work on weekends?

It makes sense to complain in 3 cases:

• You don’t want to quit, but the working conditions do not suit you . Then, when contacting the labor inspectorate, emphasize that you do not want to advertise your data. In this case, during the verification, the documents of all employees will be raised, which will not allow you to be identified as the author.
• You are planning to quit because of rude treatment and threats from your boss . Then you can act openly - do not be afraid to defend yourself. You have nothing to lose, so you can defend your rights without risking your work.
• You were fired, but were not paid or did not receive additional wages. In this case, you must contact the tax office and get your money back.

The Labor Inspectorate has great powers. For example, she may suspend the company's operations or go to court to liquidate the company. Therefore, you should not think about the boss’s “big” connections and the shortcomings of our legal system.

What compensation is due to an employee who worked on a non-working day?

Article 153 of the Labor Code prescribes 2 types of compensation:

• Double wages
• Single payment + additional rest time

The employee himself chooses the type of compensation; he indicates this in a statement written after the day he worked. Another option is to indicate the type of compensation in the order or agreement itself.

Amount of additional payment for work on a non-working day

The amounts of additional payments vary, and it depends on the form of remuneration of the employee.

According to the same Article 153 of the Labor Code of the Russian Federation

• For piecework wages - double piecework rates.
• When paying for a rate (tariff rate) - double rate.
• Salaries are calculated based on the daily (hourly) rate. This takes into account the monthly working hours. If the work was carried out within the norm, then the amount will be no less than a single rate in excess of the salary. And if it is exceeded, then no less than double the rate on top of the salary.

Some examples of calculating additional payments for work on non-working days

• Let's consider one special case when wages are paid at a daily rate.

In January 2022, P. Ivanov worked 21 days, including holidays and weekends: January 8, 13 and 20. The daily rate is 2000 rubles. The basic monthly salary will be:

(21 days – 3 days) x 2000 rub./day = 36,000 rub.

Additional payment for work on holidays and weekends will be:

3 days x 2000 rub./day x 2 = 12,000 rub.

The total salary due for January will be:

36,000 + 12,000 = 48,000 rub.

• Example of salary calculations

In January 2022, V. Ivanov worked 134 hours. On January 8th (a holiday) he went to work and worked 6 hours, and on the 13th he took a vacation at his own expense. The employee's salary is 50,000 rubles.

The total number of hours worked did not exceed the standard working time - no more than 136 hours with a 40-hour work week. Result: In this case, there will be no doubling of the tariff rate.

How is the hourly rate calculated?

To calculate the amount of surcharge, you need to determine the hourly tariff rate. Employers do this in several ways of their choice (an option is often prescribed in a collective agreement or other local regulation:

• We divide the monthly salary by the standard working time according to the production calendar;
• We divide the monthly salary by the standard working time according to the employee’s current schedule;
• divide the amount of n-salaries by the standard working time according to the employee’s schedule for n months (n is the duration of the accounting period)
• the amount of 12 salaries divided by the standard working time for the year - this method is recommended by the Ministry of Health in Letter No. 16-4/2059436 dated June 2, 2014.

How additional pay is calculated for work on weekends and holidays can be found in the collective agreement or a special local regulatory act of the organization regarding wages.

How to create a rolling schedule

In order for staff to work on a staggered schedule, it is necessary to include this condition in the employment contract, select an accounting period for working hours, draw up a schedule and maintain a time sheet.

Enter the working hours into the employment contract

We described how to register an employee as a member of staff in a separate article. To establish a sliding schedule, we are only interested in the employment contract.

In the employment contract, look at the section entitled “Working time and rest time.” In this section you need to enter the phrase:

“The employee is given a shift work schedule with the provision of days off on a sliding schedule and a summarized recording of working time with a recording period of one month.”

You can take another accounting period - a month, a quarter, six months or a year. The choice of period will be discussed in more detail below.

The start and end times of the shift can also be written down in the employment contract. Eg:

“The start time of the work shift is 9:00. The end time of the work shift is 21:00.”

But the entrepreneur’s working hours for clients may vary. For example, in summer the cafe opens an hour earlier. In such cases, it is more convenient to enter the start and end times of the shift each time into the shift schedule for the accounting period, and not irrevocably once into the employment contract.

If initially the employment contract with the employee did not contain a provision regarding scheduled shifts, an additional agreement is concluded to the contract. The same phrases are included in it.

Select accounting period

The accounting period is the time for which the employer counts the employee's working hours. This is a month, quarter or year, but not more than a year - Art. 91, 104 Labor Code of the Russian Federation.

The standard working hours are calculated according to the rules from Order of the Ministry of Health and Social Development No. 588n. Non-working holidays are taken into account there. You don’t have to count it yourself; the standard hours are in the production calendar for each year. For example, in the production calendar Contour.Standard.

Let's say we took the accounting period as a month and want to find out the hours in August. Looking at August 2022, we see 176 working hours. The employer will distribute these hours throughout the month as he wishes. Work over 176 hours will be overtime and you will have to pay extra for it.

If the employer has chosen an accounting period of more than a month, for example, six months, wages are still paid twice a month. The accounting period does not affect this.

Making a shift schedule

Let’s make a reservation right away: for a micro-business, a shift schedule is not necessary. It can be included once in the employment contract. But then the schedule cannot be changed - neither the working days, nor the start and end times of the shift. It is more convenient to approve a new schedule for each accounting period. The rule is from Art. 309.2 Labor Code of the Russian Federation.

In the schedule, it is necessary to indicate working days and weekends for each employee, the duration of the shift and the time of its beginning and end.

Example of a sliding schedule for a cafe for a month

The individual entrepreneur does not include himself in the schedule, because he is not a salaried employee. Even if he is also behind the counter.

In order not to pay for overtime work, the total number of hours during the accounting period should not exceed the norm according to the production calendar.

The following should also be taken into account in the schedule:

- Dinner . A shift can include lunch from 30 minutes to 2 hours. These are non-working hours and will not be paid for. But if a normal lunch in a store or cafe is not possible, the employer is obliged to provide food intake at the workplace - Art. 108 Labor Code of the Russian Federation;

— Work at night . The night shift is an hour shorter than the day shift without a pay cut. But if an employee was hired specifically for night shifts and included this in the employment contract, then the shift is not shortened - Art. 96 Labor Code of the Russian Federation;

- Weekend . Once a week, an employee must have a day off for at least 42 hours in a row - Art. 110 Labor Code of the Russian Federation;

— Shift duration . There are restrictions for minors, people with disabilities and workers in hazardous work; see them in Art. 94 Labor Code of the Russian Federation. For other employees, the hours per shift are unlimited. The main thing is not to go beyond the working hours - Letter of Rostrud No. 474-6-0.

Otherwise, the employer draws up a schedule at his convenience; employees don’t have to be asked.

An employee can work half a shift if he has a part-time job or an individual entrepreneur has a short-time schedule.

❗Workers are introduced to their signature with a shift schedule no less than a month in advance. It is very important. The employee is not required to work an unpredictable schedule. If you don’t show up for your shift, you won’t be able to fire someone for absenteeism. But after reading and signing, the schedule becomes ironclad - Art. 103 Labor Code of the Russian Federation.