All operating actions - conclusion of the contract, wages, vacation and other employee - are subject to the Labour Code of the Russian Federation.This is the main document regulating the relationship and the working relationship between the employee and the employer;Other documents also possible that on the contrary to the former.For example, regulations, statutes, regulations, orders, directives, and so the organization. P.
This article is a detailed explanation of this topical theme for all employees, as payment holidays.First of all, I would like to note that wages for overtime work in the red days or calendar days of rest with grazing and non-removable operation is different.This issue is regulated by Art.153 of the Labour Code.
most important and interesting point in the workflow for employees is part of the material, namely wages.Many faced with the fact that the manager asks to leave in weekend or holiday work.And, quite naturally, all interested in the question: "What am I for that I have the right to get?"
Regulation payments
Payment of public holidays and non-working holiday is determined by the regulations or a collective labor agreement, according to which it can be increased.Anyway, all organizations (OK, accounting) is directly linked to the Labour Code and can not contradict him, respectively, overtime is paid at double the rate, and no less.
Provide rest day: conditions
In consultation with the employee, instead of paying for time worked on weekends and holidays may be granted another day to rest.In this situation, the payment is made in a single rate for access to work and rest day is not paid.
Compensation is an integral part of the working process and should be reflected in the employment or collective agreement the employee.
basic concepts that are used in the article
day off. Each employee has the right to rest.Regardless of schedule, the employee provided the days of rest.
holidays. This so-called red days on the calendar.
Replacement schedule - sliding mode.For example, a 2x2 12 hours, 8 hours, 5x2, 3x3 and 12 and so on.
non-replaceable mode - work schedule that fits the production calendar, approved by the Russian government.
piecework - is the work to be executed that wages depend on output.That is, if the employee made 5 pieces of 5 rubles each, its earnings will be 25 rubles, if 10 5 rubles - 50 and so on.
work on hourly and daily tariff rates - payment in this case depends on the time spent.For example, the employee worked 164 hours a month - the salary he will receive only those hours.
salaried work - this is the most stable wages.It does not depend on the work performed, not by the hours worked.This is a fixed rate.
categories of citizens, which is prohibited cause to work on weekends and holidays
In accordance with the Labour Code, the employer has no right to involve the weekend and on public holidays the following employees:
• Persons under the age of 18years.The exception is the creative staff positions and professions (Art. 248 LC).
• Pregnant women (Article 259, Part 1 of the Labour Code).
As for the rest of citizens, if the management to engage employees to work in a weekend or holiday, it is obliged to notify it in advance and to issue exit orders or instructions.
Payment holidays and weekends workers artists (media, radio and television cameramen, film, theater and concert organizations and other groups associated with performances in public) is determined by regulations or collective labor agreement.
Typical situations and conditions for the involvement of employees
special category are the citizens:
- Disabilities.
- Persons raising children up to 3 years:
- women;
- single fathers;
- guardian.
| situations in which you need to attract employees outside weekends and holidays | Category employees | Terms attract |
| emergencies (eg, industrial accidents, natural disaster or a catastrophe) | special category | 1. Work should not have medical contraindications. 2. Employees must be familiar with the right of refusal of access to the weekends and holidays. 3. The employer must ask the employee's written consent to work. |
| remaining workers | employee's consent is not required. | |
| if necessary to prevent accidents, damage to state and municipal property, as well as the property of the employer. | special category | 1. Such work should not be denied the employee on his state of health (required to enter into the presence of-pocket medical). 2. There is a document with a list employee that he is familiar with his right of withdrawal. |
| remaining workers | employee's consent is not required. | |
| When a state of emergency or martial law, which require urgent works, as well as in the event of any disaster or threat thereof.These cases include: fires, epidemics, earthquakes, floods or other situations that threaten the livelihoods of the population. | special category | 1. Output is possible in the absence of medical contraindications for health reasons. |
| remaining workers | consent is not required. | |
| the acute need to implement urgent unforeseen work, which affect the activities of the organization as a whole and its divisions. | special category | 1. No prohibition on medical grounds. |
| remaining workers | employer has the right to call an employee without obtaining consent from him. | |
| Other cases | special category | 1. The employer is obliged to listen to the elected body of primary trade union. |
| remaining workers | 1. There is a written agreement to come to work. |
Payment weekends and holidays when sliding (shift) operation
If there is a need to attract an employee to work in his days of rest or red days on the calendar, the employer may do this by notifying the employee and received his written consent.In the event that the latter staggered, payment holidays should be made at double the rate, but there are a few nuances.
Charge surcharges depending on the schedule of shifts
Payment is directly correlated with the schedule of the labor process:
1. If a red letter day falls on the employee's work shift, then, respectively, spent time falls under the normal hours and,according to the Labour Code, payment holidays, in this case made at least in single amount in excess of the rate or salary of the employee.Or spent time paid on an hourly or daily tariff size.
For example, the employee worked 2 festive days in January, which are scheduled shift workers.Total time and attendance limited to one month.
number of working days in the month, according to the schedule shift - 20. The actual development - 20.
monthly salary of an employee is 20 000 rubles.
tariff rate (daily) is 20 000 (the amount of salary) / 20 (number of working days in the month) = 1000 rubles.
Thus, each employee will receive holiday supplement of one thousand rubles.As provided to supplement the daily tariff rate, wages this month the employee will be 22 000 rubles, without deduction of income tax.
2. In the event that an employee is considered to this day weekend schedule, the payment is made in the double size according to the legislation of the Russian Federation.
assume working days in the month actually worked 20. 22.
monthly salary of employees - 20 000 rubles.
daily rate is 20 000 (the amount of salary) / 20 (number of working days in the month) = 1000 rubles.
Since holidays at the Officer graphics are output, and the employer is it to work, then for each day the person will receive 2 thousand rubles.Consequently, his salary was 24,000 rubles.
Act also provides for the replacement of cash payment a day of rest by agreement with the employee.Payment
night holidays
Replacement schedule includes work not only during the day but also at night.
Night Watch - is the period from 22:00 to 6:00.Such working hours is paid at least a 20% premium.
Payment in holidays: the night shift
Terms:
1. If an employee is working a holiday, it is subject to charge in single amount to pay for increased night.That is, in this case, the employee will receive: tariff daily price + premium for night hours + surcharge in single size.
2. In the event that the employee holiday schedule is listed day of rest, and he is attracted to the work, the payment will be as follows: Tariff daily price + extra charge for night hours x 2. That is, in this situation, the payment of holidayday produced in the double volume.
Payment weekends and holidays when working non-replaceable mode
non-replaceable operating mode implies that the employee is at work Monday to Friday, resting on Saturday, Sunday and public holidays, and is guided in the working process at the factory calendar.
Payment of public holidays and weekends during this operation is carried out not less than twice the amount of the following groups of workers:
• pieceworkers.
• Employees working for hourly or daily wage rate.
• pluralists.
• Employees whose salary.
At the request of the employee payment may be replaced by a provision of the weekend.
reflection order and the amount of payment by the employer
Employer should be reflected in the conditions of employment or collective agreement, the regulations and the order of the size of wages in red calendar days and days of rest.
The main parameters that merit management's attention:
• Determine the impact on the amount of payment for the amount of waste outside holidays and weekend hours.
• Use average daily or hourly rates, which are calculated based on the employee's salary and the average number of working days in the current month or day of the salary of the planned working time of a particular month.
• Determine whether you will be the account of the tariff rate (salary) or the amount of income, which includes stable premiums and surcharges.
Overtime In most organizations conducted a total accounting of hours worked.Overtime hours are those that the employee has worked over the standard time accounting period.The first two hours in excess of the daily volume of paid time and a half, all the remaining hours are compensable under the double tariff.
Results
This article was disclosed nuances Payment weekends and holidays by the employer, as the conditions were considered a special category of workers engaging in typical situations.Particular attention is given to the payment of red calendar days and rest days for grazing and non-removable modes.The information on compensation for overtime.Payment in holidays and weekends is an extra or double rate, or the provision - in consultation with the employee - another day of rest instead of spent.In operation from 22:00 am to 6:00 ensured the preservation of the two guarantees: payment holidays and nighttime hours.
labor legislation provides for compensation of a deviation from the normal (standard), provided for the production calendar working conditions.Any organization with its regulations governing the payment processes must be based on law and not to contradict him.
