law and reality are two different things in our country.Nevertheless, the development of society and the state requires knowledge of a citizen's rights and the ability to protect them.
The Constitution and the Labor Code, every person employed, is entitled to a weekly day of rest.Allowed one or two days, depending on the working week (five or six days).Labor Code established Sunday as a day off in the main rule in the working week to 6 days.If working five days a week, the weekend should go straight.Weekend work is regarded as an exceptional event.But this does not mean that on Sunday, do not come to the service of the subway workers, public utility or physicians.In cases where it is impossible to stop the production process, the weekend provided the employee, but the special plan.The terms of the scheduling of output recorded in the collective agreement, and he agreed with the trade union committee.
There are circumstances when the work falls on the weekend.What rights does an employee if, instead of two days in the current week, he rested only one?Firstly, most of this employee give time off, rest on another day of the week instead of spent.In this case, the main rule is observed: the employee has two output.If it had not been given the day off, the payment for weekend work is done at the double rate.The same applies if the work attracted the holidays, such as May 9th or 8th of March.Let us examine the situation
work on a special schedule.Work at the weekend in such a case is also possible, and therefore necessary and compensation.Changing the schedule output still provides pre-arranged days in which the worker is resting and is addressing its own problems.Thus, bringing him to violate the personal plans, and therefore requires a monetary compensation.
If an employee receives a salary at a rate of not, and the piece is acting the same rule.Work at the weekend should be paid more.For example, one box collected on a weekday costs 400 rubles, so the same work at the weekend, will be paid in the amount of 800 rubles.The law establishes only the minimum payment on weekends and public holidays, which can be adjusted by the collective agreement.
Since legislation allowed compensatory time off if weekend work carried out, the most employers use this method of calculation, since it is more profitable and requires no additional costs.It should be noted that overtime be paid as premium rate.
above rights established by law, are not always implemented in practice.This is due to a set of causes.Firstly, workers do not know the law.Second, the fear of losing their jobs, they do not raise the question of the additional payment.Employers violate labor law norms, feeling full impunity.
Let us remember that the labor legislation is designed to protect the interests of all participants in the labor contract.Knowing their rights, the wage-worker can safely claim them by the administration.
