information on this issue gives a practicing lawyer, an expert on labor, civil and tax law Evgeny Pavlov.
Question : I had a suspicion that management systematically, starting from January 2010 are not pays me to work on weekends and holidays.For example, when the change came on March 8, the CEO said that the work on a holiday I will be paid as normal in asOn this day, my shift.Do they have a right to - or act illegally in order to save her?
When shift work, where the organization operates continuously, you may need to return to work of employees on weekends and public holidays.In this weekend are available on different days of the week in turn to each group of workers - according to the rules of the internal labor regulations and the shift schedule.Payment in this case is made in a single size, with no increase.
If the change of staff came on a public holiday - a day, a recognized art.113 TC RF non-working day (the New Year holidays from 1 to 5 January, Christmas January 7, February 23 Fatherland Defender's Day, March 8, International Women's Day, May 1, Spring and Labour Day on May 9, Victory Day, June 12 Russia Day, 4 NovemberDay of National Unity), it is allowed to attract employees to work in a day if the company runs continuously and is associated with the need to service the population, with the condition of co-payment in excess of the salary:
* if you work on weekends or non-working holiday made within the monthly norm of workingtime payment is made at a rate not less than a single day / hourly rate (part of the salary for the day or hour) over a salary,
* When the work is over and above the monthly norm of working time - in an amount not less than twice the daily / hourly rate (part of the salary forday or hour) over a salary.
At the request of the employee, who worked in a weekend or holiday, it can be granted another extra day of rest (minimum time worked overtime).In this case, work on weekends or non-working holiday is paid in single size (as per usual work shift) and a day of rest is not subject to payment (as a regular day of rest).
Accordingly, work on weekends or holiday is paid at least double the amount, even if the work was provided for the shift schedule.
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Articles Source: job.ru