153 article of the Labor Code of the Russian Federation with comments

года не претерпела каких-либо изменений. Article 153 of the Labor Code of the Russian Federation in 2015 has not undergone any changes. Normally, the procedure for calculating salary for employees on weekends and holidays is defined. . Let's consider further, what rules the article 153 of the Labor code of the Russian Federation of 2016 establishes .

Calculation procedure

153 article of the Labor Code establishes that work on a holiday and a day off is paid no less than double the amount. The rule defines specific rules for individual categories of employees. In particular, payment is carried out:

1. Saddlers - not less than double the rates.
2. Employees whose professional activities are paid by hour or daily rates are not less than the second rate.
3. Employees who receive a salary - not less than a single rate (hour / day) above the norm. This rule applies if the professional activity was conducted in a festive and a day off within a monthly time limit. If the work was carried out in excess of the norm, the calculation is carried out at a double rate over the salary.

Specific amounts of wages can be provided for in a collective agreement, a local act, which is approved taking into account the opinion of the trade union or labor contract. устанавливает, что по желанию служащего, осуществлявшего профессиональную деятельность в праздник или выходной, ему может предоставляться для отдыха другой день. 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 a day off, another day may be provided for rest. In this case s / n is calculated in a single size. Spending is not paid for.

Additionally

153 article of the Labor Code of the Russian Federation includes media workers, video and television crews, concert, theatrical institutions, circuses, cinematographic organizations, as well as other persons involved in performing / creating works, in a separate category. Payment for their work on holidays and weekends can 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 during the holidays and the weekend 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 during holidays and weekends is carried out with their consent, executed in writing, if necessary to fulfill unforeseen tasks, from the urgent implementation of which depends subsequently normal operation of the enterprise as a whole or its individual units. 153 article of the Labor Code of the Russian Federation, allowing the employment of employees beyond the norms of time, establishes a number of guarantees for them.

Exceptions

As was said above, the involvement of persons in overtime 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 a holiday for:

1. Warnings or elimination of the consequences of a disaster, a natural disaster, an industrial accident.
2. Prevention of deterioration / destruction of the property of the tenant, municipal / state property, accidents.
3. Performing work, the implementation of which is caused by the introduction of military or emergency situations, emergency activities in emergency situations, under other circumstances that threaten the health and life of the population or individuals.

In all other situations, it is necessary to obtain their consent to attract workers. предусматривает повышенную оплату. As compensation for the use of rest time, article 153 of the Labor Code of the Russian Federation provides for increased payment.

Nuances

On holidays / non-working days, the fulfillment of professional tasks is allowed, the suspension of which is impossible due to production and technical circumstances. In particular, this is typical for continuously operating enterprises. In addition, work is allowed due to the need to provide services to the public associated with emergency repairs, loading and unloading. Involvement of women with dependents under three years of age and persons with disabilities, who are disabled, is permitted on the condition that they are not contraindicated in accordance with the conclusion issued by the medical institution in accordance with the procedure established by federal legislation or other normative documents. The specified persons should be acquainted under the signature with the right to refuse activity in days of rest. Involvement of persons on weekends and holidays is carried out by the order of the tenant.

Specificity of calculation

In the labor or collective agreement, a higher payment of professional activity may be envisaged, in comparison with the established art. 153. If the work was carried out on a holiday in part, then only those hours that were part of the overtime day are compensated. Legislation allows the replacement of payment on the day off.

In this case, the employee will not receive an increased salary. In this case, time off will not be paid.

Conclusion

Various unforeseen circumstances may arise in the course of the activity of an enterprise , which may require overtime involvement of employees. The employer must observe the rules established by the legislation. In particular, it is necessary to obtain the citizens' consent (written) to perform overtime work. In addition, employees should be compensated for unused hours / days of rest by cash payments. The law prescribes the calculation of salary for work on a weekend or a holiday in a double size. Such a requirement is aimed at realizing the right of citizens to receive a decent payment for their labor. Art. 153 is dispositive in nature, providing for an employee to refuse compensation, in exchange for a different day of rest. At the same time, a citizen must understand the consequences of his actions. Receiving a different day of rest, he is deprived of an increased payment for his professional activities, carried out on a day off or a holiday.