Payment of holidays. Weekends and holidays. Payment of weekends and holidays

All working actions - conclusion of a contract, payment for labor, granting leave to the employee and others - are subject to the Labor Code of the Russian Federation. This is the main document regulating the relations and working relations between the employee and the employer; Also other documents are possible that contradict the first. For example, normative acts, statutes, rules, orders, orders of the organization, etc.

This article will cover in detail such a topic that is topical for all employees, such as paying for holidays. First of all, I would like to note that wages for overtime work in the red days of the calendar or days of rest with sliding and non-replaceable mode of operation are different. This issue is regulated by Art. 153 of the LC RF.

The most important and interesting moment in the work process for employees is the material part, namely the salary. Many faced with the fact that the head asks to go on a weekend or a holiday to work. And, quite naturally, everyone was interested in the question: "What am I entitled to receive for this?"

Regulation of payments

Payment for work on holidays and non-working days off is determined by regulatory enactments, collective or labor contracts, according to which it can be increased. In one way or another, all organizations (OK, accounting) are directly interlinked with the RF TC and can not contradict it; accordingly, overtime is paid twice, and no less.

Provision of a day of rest: conditions

In agreement with the employee, instead of paying for hours worked on weekends and holidays, he may be given a different day for rest. In this situation, the payment is made in a single amount for going to work, and the day for rest is not paid.

Labor remuneration is an integral part of the work process and must be reflected in the employee's labor or collective agreement .

Basic concepts used in the article

Day off. Every employee has the right to rest. Regardless of the schedule, employees are given rest days.
Holidays. These are the so-called red days of the calendar.
Changeable schedule - sliding mode of operation. For example, 2x2 for 12 working hours, 5x2 for 8 hours, 3x3 for 12 and so on.
Permanent regime - the schedule of work, which corresponds to the production calendar, approved by the government of the Russian Federation.
Piece-work is work, in the performance of which the amount of wages depends on the output. That is, if an employee has made 5 parts for 5 rubles each, his earnings will be 25 rubles, if 10 to 5 rubles - 50 and so on.
Work on hourly and daily tariff rates - wages in this case depends on the time worked. For example, an employee worked 164 hours a month - he will receive a salary only for these hours.
Working on a salary is the most stable pay. It does not depend on the work done, nor on the hours worked. This is a flat rate.

Categories of citizens who are prohibited from being called to work on weekends and holidays

In accordance with the Labor Code of the Russian Federation, the employer has no right to recruit the following employees to work on weekends and holidays:

• Persons under 18 years of age. The exception is employees of creative positions and professions (Article 248 TC).
• Pregnant women (article 259, part 1 of the Labor Code of the Russian Federation).

As for the rest of the citizens, if management involves an employee in labor on a weekend or a holiday, he must warn him in advance and issue an exit order or order.

Payment for holidays and days off for employees of creative professions (media, TV and video cameramen, cinematography, theater and concert organizations and other groups associated with performances in public) is determined by regulations, labor or collective agreements.

Typical situations and conditions for employee involvement

A special category is made up of citizens:

1. People with disabilities.
2. Persons raising children up to 3 years:

• women;
• Single fathers;
• Guardians or trustees.

Payment for weekends and holidays with sliding (changeable) mode of operation

If there is a need to attract an employee to work on his days of rest or the red days of the calendar, the employer can do this by notifying the employee and obtaining from him a written consent. In the event that the latter has a sliding schedule, payment of holidays should be made in double size, but there are several nuances.

Addition of a co-payment depending on the schedule of shifts

The payment is directly related to the schedule of the labor process:

1. If the red day of the calendar falls on the working shift of the employee, then, accordingly, the worked time falls under the hours norm, and, according to the Labor Code of the Russian Federation, payment of holidays in this case is at least in a single amount in excess of the employee's salary or salary. Or the hours worked are paid according to the hourly or daily tariff rate.
For example, the employee worked 2 holidays in January, which are on schedule shift workers. The total accounting of working hours is limited to one month.
The number of days worked in the month, according to the shift schedule, is 20. The actual output is 20.
The monthly salary of an employee is 20,000 rubles.
Tariff rate (day) is 20 000 (amount of salary) / 20 (number of working days per month) = 1000 rubles.
Thus, for each holiday, the employee will receive an additional payment of one thousand rubles. Since there is an extra charge for the daily tariff rate, the salary this month for the employee will be 22,000 rubles, without deduction of income tax.

2. In the event that the employee's day is considered as scheduled, the payment is made in a double amount, according to the legislation of the Russian Federation.
Let's say working days in month 20. Actually worked out 22.
The monthly salary of an employee is 20,000 rubles.
The daily rate is 20 000 (the amount of salary) / 20 (number of working days in the month) = 1000 rubles.
Since the employee's holidays are scheduled for a holiday, and the employer calls him to work, for each day a person will receive 2,000 rubles each. Consequently, his salary will be 24,000 rubles.
The law also provides for the replacement of cash payments by day of rest in consultation with the employee.

Payment for night on public holidays

A changeable schedule provides for work not only during the day, but also at night.
Night hours are the period from 22:00 to 6:00. This working time is paid for at least a 20% surcharge.

Remuneration during holidays: night shift

Conditions:

1. If an employee has a working day, then a surcharge in a single amount is made for an increased pay for night hours. That is, the employee in this case will receive: a tariff daily rate + extra charge for night hours + surcharge in a single size.

2. In the event that an employee has a holiday on a schedule as a rest day, and he is attracted to work, the payment will look like this: the tariff daily rate + the extra charge for the night hours x 2. That is, in this situation, payment for holidays is made In a double volume.

Payment for weekends and holidays with a non-replaceable regime of work

Permanent mode of work implies that the employee is at the workplace from Monday to Friday, resting on Saturday, Sunday and holidays, and is guided in the work process on the production calendar.

Payment for non-working holidays and holidays under this mode of work is carried out at least double the size of the following groups of employees:

• Paddlers.
• Employees working according to the tariff hour or day rate.
• To the partners.
• Employees who have a salary.

At the request of the employee, payment can be replaced by giving a day off.

Reflection of the order and amount of payment by the employer

The employer must reflect in terms of labor or collective agreements, regulations, the size and order of remuneration of labor in the red days of the calendar and days of rest.

The main parameters that deserve attention are:

• Determine the impact on the amount of payment for the number of hours worked on non-working days and weekends.
• Use average daily or average hourly rates, which are calculated based on the employee's salary and the average number of working days in the current month or from the daily portion of the salary from the standard working time of a particular month.
• Determine whether the tariff rate (salary) or the amount of earnings will be recorded, which includes stable surcharges and additional payments.

Overtime Payment

In most organizations, a summary record of time worked. Overtime hours are those that the employee has worked beyond the normative time of the accounting period. The first two hours above the norm are paid daily in a one-and-a-half volume, all remaining hours are subject to compensation at a double rate.

Results

In this article, the nuances of paying for holidays and holidays by the employer were disclosed, and the conditions for attracting employees of a special category in typical situations were also examined. Particular attention is paid to paying for red days of the calendar and rest days with sliding and non-changing modes of operation. Information on overtime compensation is provided. Remuneration for work on holidays and weekends is either a surcharge in a double amount, or the provision - in consultation with an employee - of another day of rest in return for the spent. When working from 22:00 to 6:00, two guarantees are guaranteed: payment of holidays and night hours.

The labor legislation of the Russian Federation provides for compensation in case of deviation from normal (standard) working conditions stipulated by the production calendar. Any organization having its own regulatory acts regulating payment processes should be based on legislation and do not contradict it.