Labor Festive Law. Permitted work on weekends

11.10.2019

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When you read the norms of the Labor Code concerning overtime work, as well as work on weekends, they seem extremely simple. Meanwhile, in practice, their use causes numerous difficulties.

What is written in the Labor Code ...

So, let's first see what is written in the Labor Code.

Overtime work - work produced by the employee at the initiative of the employer outside the established duration of working time, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period (according to part 1 of Article 99 of the Labor Code of the Russian Federation).

In part 5 of the same article 99 of the Labor Code of the Russian Federation, it is written that overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year.

The article 152 of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of operation at least as one and a half of the size, for the next hours - not less than double.

According to Article 153 of the Labor Code of the Russian Federation, work on the weekend and non-working holiday day is paid at least in double size:

saders - not less than double piece prices;
employees whose work is paid at day and clock rates - in the amount of at least double day or hour rates;
employees receiving a monthly salary - in the amount of at least a single day or hour betor beyond the salary, if the work on the weekend and non-working holidays were made within the monthly rate of working time, and in the amount of at least double watch or day rate beyond the salary, if the work Perched over the monthly norm.

Explain these norms on simple examples.

So, we led the norms of the Labor Code. Now we will try to clarify how to apply these positions.

What is overtime work

So, overtime work - the work produced by the employee at the initiative of the employer outside the established duration of working time:

daily work (shift) (see example 1) as well
work over a normal number of working hours for the account period (see example 2).

Overtime restrictions

Overtime should not exceed four hours for each employee for two days in a row and 120 hours per year. In this norm, too, at first glance, everything is simple.

Payment of overtime

Overtime, overtime is paid for the first two hours of operation at least as one-hour size, for the subsequent hours at least in a double size. Well, here, too, everything seems very simple.

Continuation of Example 3.

Continuation of Example 4.

Continuation of example 2

Weekend payments

Work on the weekend and non-working holiday is paid for at least double size:

saders - not less than double complex rates (see example 8);
employees whose work is paid at day and clock rates - in the amount of at least a double day or hour rates (see example 9);
employees receiving a monthly salary - in the amount of at least a single day or hour betor beyond the salary, if the work on the weekend and non-working holidays were made within the monthly rate of working time, and in the amount of at least double watch or day rate beyond the salary, if the work It was performed over the monthly norm (see example 10).

On ordinary examples, we explained how the norms of legislation are valid. And now we will analyze the "tasks" more comprehensive.

Overtime and work on weekends - the same thing?

So, it would seem, everything is simple, but in fact the norms of our legislation are drawn up so that we often do not know how to apply them. Let's think about the identical concepts of "overtime work" and "work on weekends"? If you try to answer this question, it will be found that in some cases we equalize these concepts among themselves, and in some - we consider them different from each other. Moreover, usually we are guided by common sense, and not literally the law of the law. Let us give a specific example.

In part 5 of Article 99 of the Labor Code of the Russian Federation it is written that overtime work should not exceed four hours for each employee for two days in a row and 120 hours per year. Agree when we read the first half of this offer, we assume that work on weekends and overtime work is absolutely different things. And the rate according to which the employee should work for no more than 4 hours for 2 days in a row, no relation to the weekend. After all, the employee usually works on Saturday or Sunday for 8 hours. But when we read the second half of the sentence (overtime work should not exceed 120 hours per year for each employee per year), most of us comes from a diametrically opposite parcel, according to which overtime work and work on weekends is the same. And in 120 hours included, including work on weekends. What are we guided by? Good sense! Although in order to consider yourself absolutely right in this situation, part 5 of article 99 of the Labor Code of the Russian Federation should be formulated as: overtime works should not exceed four hours for each employee for two days (if it comes to working days) in a row and 120 hours per year.

An even more difficult situation develops when it comes to pay for work on the weekend. In simple situations, it really is all clear: if a person works overtime on everyday life, then the first two hours of work we pay in one-year-old size, and the following - in double. If a person is attracted to work on weekends, the salary for all hours will be calculated at a double rate. Reading the rules concerning payment on weekends and for overtime work, we are absolutely sure that these are different things and pay such work in different ways. However, if employees are involved in the organization for work on weekends, they will work 8 hours (as much as on weekdays), which are paid in double size, but not 13, as written in the letter. In this case, the dispute, apparently, is as follows. Workers who, apparently, work for 8 hours a five-day working week, attracted to work on weekends. The organization of the enterprise, reading that in Article 153 of the Labor Code of the Russian Federation it is written that work on the weekend and non-working holidays is paid for at least a double size, and multiplied the hourly tariff rate when paying at 2. The guesthouse found 5 hours that were worked outside 8 hours of normal working hours, overtime. Therefore, in her opinion, processing for the first two hours should be paid by the formula: Double payment over the day off is multiplied by one and a half for overtime work, plus for the next three hours payment is made by the formula: Double-sized payment (per day off) is multiplied by 2 (for overtime work). Organizations Logic seemed strange, since at first glance it seems that in a double size for work on a day off and this includes payment for the fact that the employee works unnecessary time. Of course, this situation is controversial, from the point of view of legal assessment, because the legislation in this case can be rotated so, and the EDAC.

Let us turn again to Article 99 of the Labor Code of the Russian Federation, according to which the overtime is considered to be the work carried out on the initiative of the employer outside:

Normal working time.
Daily work (shift).
Work over a normal number of working hours for the accounting period.

On the one hand, the logic of the labor seems correct. After all, if the duration of daily work (shift) is 8 hours, then the rest of the time released for this limit is the work beyond the limit of daily work (shift). That is, it must be regarded (see paragraph 2 of the list) as overtime work and pay according to the rules of Article 152 of the Labor Code of the Russian Federation, in which the overtime work is paid for the first two hours of operation not less than one-hour size, for subsequent hours - at least than in double size. On the other hand, work on day off is always the work for the limit duration of working time (see clause 1). Indeed, in this case, a person will work more than 40 hours a week. But no one says that the first two hours of work on the weekend should be paid at the beginning in a double size multiplied by one and a half, and the subsequent hours - in a double size multiplied by two. But if the number of hours worked out does not deviate from the normal duration of the work shift, the conversation on the payment of this day according to the rules of Article 152 does not arise.

Since the judicial practice of the application of this article is not, as not and explanations on this issue, to say which of the parties is absolutely right, it is impossible. After all, the legislation here can be rotated both in the other way. In addition, it is not clear: if the extra 5 hours were regarded as overtime, why it was not qualified as an offense, because, in accordance with Article 99 of the Labor Code of the Russian Federation, overtime work should not exceed four hours for each employee for four hours in a row. Well, on my own personally, you can advise: so that such disputes with the work arose, do not force the employee to work on the day off of a more normal working hours on weekdays.

How to pay for overtime and work on weekends with summarized working time accounting?

Fragment of the document

Article 104 of the Labor Code of the Russian Federation "Summated accounting of working time"

In organizations or when performing certain types of work, where, according to the terms of production (work), the daily or weekly working time duration of working time cannot be complied with the conditions of this category of work, it is allowed to introduce summarized accounting of working time so that the working time is for the account , Quarter and others) did not exceed the normal number of working hours. The accounting period may not exceed one year.

The procedure for introducing a summary accounting of working time is established by the rules of the organization's internal labor regulation.

With the payment of overtime and work on weekends with a summable working time accounting, problems often arise. So, let's try on simple examples to figure out how payment is paid.

Usually summarized accounting of working time is carried out at enterprises with a changeable work schedule. At the same time, as a rule, for the accounting period is taken either year or month. If at the accounting period the number of hours exceeds the normal duration of working time, then the first two such hours are paid in one-time size, the rest are in double.

By making a schedule of work, two norms of the Labor Code should be taken into account. First, the norm according to which the work for two shifts is not allowed in a row, secondly, the norm according to which a continuous rest should be at least 42 hours a week.

Sometimes the schedule working day of the employee working shifts is coming to a generally accepted day off or a festive day. The question arises: how to pay for work on such days, on double or single rates? You can give the following answer to it: if the working day of such an employee falls on a holiday, his payment should be made on double rates (even if the number of hours at the accounting period does not go beyond the normal number of hours).

As for the weekend, in the relevant norm of the Labor Code of the Russian Federation, we are talking about the weekends of specific employees, and not about the generally accepted weekends at all. In other words, if, for example, some working day of the employee will have to be on Sunday, it must be paid in a single amount, but if you ask the person to leave the day when he should rest on the schedule, then this work should be paid in double Size (even if the number of hours at the account period does not go beyond the normal number of hours).

In some enterprises, leadership and personnel are sincerely believe that if there is a summable accounting of working time in production, then a person can be made to go out on his day off, led by him on schedule, and if the number of hours at the accounting period does not go beyond normal, pay Such work in single size. This approach is absolutely wrong. And if the work is paid in the generally accepted weekend, the work is paid in a single amount, then in its own - with compensation for such injustice - in double.

Let's try to figure out the situation described by the author of the letter. If you look at the production calendar, we will see that in January the normal duration of working time is 128 hours. A work schedule was drawn up, according to which the employee had to work 156 hours, including 32 hours of festive. As we see, an employee, according to the schedule, should work significantly more than the normal length of working time in January. But since the accounting period is the year, in the following months, in theory, such recycling should be compensated (that is, a person who makes a schedule must try to make the employee working less than the normal number of hours in February, March, etc.) . If a person had worked according to the schedule, we would pay him in a double size of 32 holidays, in a single size - the remaining hours (156 - 32 \u003d 124 hours). And at the end of the year we would have watched, if our employee "extra" clocks. In the case of their presence, it would produce the appropriate surcharge (taking into account the fact that the first two hours of overtime are paid in a single size, and the following is double). However, the employee worked instead of 156 hours, laid on schedule, 184 hours, that is, for 28 hours more! Of all worked hours 48 - festive. In this case, a number of questions arise: why did the employee worked not on schedule? Did you manage to comply with the requirements of the legislation, according to which a continuous weekly rest should be at least 42 hours and the work during the two shift is not allowed? Without seeing the schedule of work and the accounting table of working hours, it is only possible to assume that the employee went to work on its weekends. Accordingly, 48 hours of festive, and 28 hours on weekends in this case should be paid in a double size. The remaining opening hours are paid in single. There is a processing that you need to pay in an increased amount, you define at the end of the year.

Weekend work and holidays
* Working Tabel
* Eat or drove?

In an organization, it may be necessary to attract personnel to work in the well-deserved weekend. The list of festive non-working days on the territory of the Russian Federation is established by part 1 of article 112 of the Labor Code of the Russian Federation. Work on weekends and non-working holidays is prohibited, with the exception of cases directly provided for by the Labor Code of the Russian Federation (Part 1 of Art. 113 of the Labor Code of the Russian Federation).
Absolutely forbidden attract to work on weekends and non-working festive Days of the following workers:
1.) under the age of 18, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation);
2.) Pregnant women (Part 1 of Article 259 of the Labor Code of the Russian Federation).
These employees law guarantees timely and full rest, and therefore no circumstances can serve as a basis for bringing them to work on weekends and non-working holidays, even if the workers themselves agree to this.
Non-working holidays, established by the Labor Code of the Russian Federation, should be weekends for all employees. But since in practice it is not always possible, for work these days (regardless of how it was produced - on schedule or outside the graph, within the limits of the working time rate or outside the norm, etc.), an additional charge is always made in accordance with Art. 153 TK RF.
Part 8 of Article 113 of the Labor Code of the Russian Federation provides that attracting an employee to work in the weekend or non-working holidays is made under the written order of the employer. Thus, it decides to attract an employee to work in all cases an authorized officer - the head of the Organization or an employee who is entrusted with such functions. Causes requiring the presence of an employee in the workplace on the weekend or non-working holiday day can be the most different. And so that the representative of the employer can decide on the need to attract an employee to work, it is necessary to inform him about it in writing.
In practice, for this purpose most often a memorandum is drawn up, in the text of which are called circumstances, in connection with which there was a need to perform work in the weekend or non-working holiday day (production accident, an accident in production, the need to fulfill in advance of unforeseen works, etc.), as well as information about when and what employee Or workers need to be attracted to work.
The memorable note must be registered In a special accounting form used to register internal documents (for example, in the log entry log). Further, to make a decision on bringing to work at the weekend or non-working holiday, a memorandum is sent to the head of the organization or other official person who has the right to regulate the work time and recreation time of workers.
Attracting an employee to work in the weekend or non-working holiday day is issued by order(by order) an employer for personnel. The order needs to specify the goal and the date of this involvement, how this work will be compensated for. The unified form of such an order was not approved, so the order is published in free form on the form of orders for the personnel developed by the employer. With an order to bring to work on weekends or non-working holidays, the employee and persons responsible for the implementation of the action specified in the order must be familiar with the order under the painting
The amounts of expenses for the payment of additional remuneration for non-working holidays belong to labor costs in full.
Work in the part-working week or incomplete working day does not affect the accounting order of such employees on holidays. Regardless of whether the employee is a festive day working on schedule (including with a changeable mode of operation) or non-working, work on such a day you need to pay at least double, namely (part 1, Art. 153 of the Labor Code of the Russian Federation):
saderger - not less than double piece rates;
employeewhose labor is paid in daytime (hourly) tariff rates - in the amount of at least double day (double hourly) tariff rate;
skladnik - no less than a single day or hour bet beyond the salary, if the "festive" work was carried out within a monthly rate of working time, or at least a double day or hour bet beyond the salary, if the work was performed above the monthly norm.
A higher level of "festive" salary may be provided for by a collective or employment contract or a local regulatory act of the organization, for example, the position of remuneration.
If a labor contract is established Working time, providing for work on holidays (for example, replaceable work schedule), In this case, hours worked on holidays are paid at least in double size. In an increased amount, all the time of work is paid on the festive day, that is, every hour of work.
Payment in the specified amount is made by all employees for the watch actually worked on the holiday. When the festive day accounts for a part of the work shift, then in a double size, the clock is paid, actually worked on the holiday (from 0 to 24 hours). If the work on a festive day is for an employee at the same time and overtime (exercised above the graph), then it is paid immediately as work on a holiday. When calculating overtime hours for a taking period, work on a holiday will not be taken into account, as it has already been paid in a double size (clause 4 of the clarification of the State Protection of the USSR and the Presidium of the WCSPS of August 8, 1996 No. 13 / P-21 and the decision of the Supreme Court of the Russian Federation of 30.11 .2005 year No. GKPI05-1341).
The size payment of employees receiving salaryDepends on what limits over the monthly rate of working time this work was carried out. The monthly rate of working time is the number of hours of operation, which is accounted for a specific month at normal working week duration (40, 36 or 24 hours).
If the employment time is set to work time, providing for work in non-working holidays (for example, a shift work schedule), and the work was carried out within the time of working time, then in this case the time spent on holidays is paid at least a single day or time rate over salary. If the monthly rate of time is exceeded, then the employee can count on payment in the amount of at least a double day or double time rate beyond the salary.
The procedure for calculating the hourly tariff rate in the legislation is not established. The organization must consolidate the procedure for calculating Based on the rate of working time for the year, or monthly watch tariff rate, given the monthly rate of working time according to the schedule of the 40-hour working week in the collective agreement or the position of remuneration.
In the first embodiment, the hourly tariff rate is determined by dividing the salary to the average monthly number of working hours, which is calculated by the formula:
The monthly annual number
Calendar working hours
Quantity \u003d ____________________________
working hours 12.
So, in 2011, the average monthly number of working hours will be:
at the 40-hour working week - 165.08 hours;
at the 36-hour working week - 148.55 hours;
At the 24-hour week - 98.95 hours. With this approach, payment of work at the weekend (festive) day will not differ regardless of the number of working hours in the month.
In the second embodiment, the employee's hour tariff rate will be determined by dividing the salary by the number of working hours in a month, which makes the calculation.
Double pay work On the day of rest you need and particulants. They laid the same guarantees and compensation as the main employees (part 2 of Art. 287 of the Labor Code of the Russian Federation).
At the same time, the norms of the TK RF on increased payment of work on weekends and holidays do not apply to the ackle (Part 3 of paragraph 16 of the provisions on the conditions of the Labor of Opomnitsa, approved by the decision of the USSR State Protection and the Secretariat of the Central Federal District dated 09.29.1981 No. 275 / 17-99). All work performed by them is paid in single amount.
Attracting workers to work on weekends and non-working holidays produced only with their written consent.
This can be done as follows: The worker puts familiarization visa on a memorandum, expressing his consent to attracting a day off or non-working holiday.
For example ,
"I agree to work on May 02, 2011. Electrician (signature) A.T. Petrov. Date"
Employer is obliged To keep records of time actually spent by each employee. So, going to work in the weekend or non-working holiday should be fixed in the table. Accounting for working hours of employees of the organization (enterprise) is maintained on unified forms No. T-12 or No. T-13 (approved by the Resolution of the State Statistics Committee of the Russian Federation of January 5, 2004, No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and payment").
When filling out the form No. T-13, the method of continuous registration of the appetizer and non-appearance of working hours in non-working holidays is reflected as follows: In the upper line of the graph 4 opposite the employee's name, specify the letter (PB) or digital (03) code, and at the bottom line - Duration of work

Work in festive non-working day

At the request of an employee who worked in a non-working holiday day, he can be given another day of rest. In this case, the work in a non-working holiday day is paid in a single size. Regardless of the number of hours worked in a festive (day off), the employee who takes off for this "okule" should be provided with a full day of rest (Letter Rostrude from 10/31/2008 No. 5917-TK).
The Labor Code does not determine which day the appropriate recreation time should be provided. However, from the formulation "at the request of the employee", it should be concluded that the choice of such a day depends on the will of the employee.
Since the legislation did not establish the form of the will of the employee, about the desire to use an additional day of rest instead of cash compensation, he can inform the employer either in writing (in the application) or orally. After that, it is necessary to publish an order for providing such a day of rest signed by the head or authorized person. With this document the employee must be familiar with the painting.
Respectively, the employer has no right Secure in the labor contract the condition for which an employee who worked in the weekend or non-working holiday for his written consent and express a desire to get a day of rest instead of paying for work on the appropriate day in double size, the specified rest time is provided solely on the nearest working day next to non-working Festive in which he worked. This deprives the employee of the opportunity to decide what day most suits him for rest.
Based on Part 2 of Article 9 of the Labor Code of the Russian Federation, employment contracts cannot contain conditions that limit the rights or reducing the level of guarantees of employees compared with established labor laws and other regulatory legal acts containing labor law. If such conditions are included in the employment contract, they are not subject to use.
On the other hand, the Labor Code of the Russian Federation gave the employee the right to "okule", but did not endorse him to independently determine the time of the ran away.
In accordance with the legislation, the specific time of using the ration in any case is determined by agreement of the parties.
Worker's departure care without coordination With the employer, even if the right to such a ration and is provided for by the current legislation, is considered to be a non-appearance of work without good reason and may be the basis for the dismissal of an employee at the initiative of the employer.
As a general rule, the day of recreation is not subject to payment, but in a collective agreement, a local regulatory act, the labor contract may be established more preferential rules for employees. The accounting of time not spent by each employee of the organization (enterprise) is also conducted by unified forms No. T-12 or No. T-13.
When filling out the form No. T-13 The method of continuous registration of the appearance and non-appearance holidayProvided for work in the weekend or non-working holiday day, is reflected as follows: In the upper lines of the graph 4 opposite the name of the employee, enter the letter (HB) or digital (28) code, and leave the lower line blank.
The conditions that must be followed to attract employees to work on weekends or non-working holidays.

Attracting weekend or non-working holidays

Situations that require an employee attracting to work on weekends non-working holidays	Category of workers	Conditions for attracting an employee to work on weekends or non-working holidays
In order to prevent disasters, a production accident or eliminate the consequences of a catastrophe of a production accident or a natural disaster	Disabled people, women who have children under the age of three, as well as fathers raising these children without mother and guardian (trustees) of children under three years
	Other workers
In order to prevent accidents, destroy or damage the property of the employer, state or municipal property	Disabled people, women with children under three years old, as well as fathers raising these children without mother, and guardians (trustees) of children under the age of three	1. Such work is not prohibited by him for health state in accordance with medical conclusion. 2. The worker under the painting is familiar with its right to refuse to work in the weekend or non-working holiday day. 3. The written consent of the employee
	Other workers	Obtaining the consent of the employee is not required
To perform work, the need for which is due to the introduction of emergency or martial law, as well as urgent work in conditions of emergency circumstances, i.e. In the event of a disaster or threat of disaster (fires, floods, earthquakes, epidemics or epizooty) and in other cases that threaten the life or normal life conditions of the entire population or its part.		1. Such work is not prohibited by him for health state in accordance with medical conclusion. 2. The worker under the painting is familiar with its right to refuse to work in the weekend or non-working holiday day. 3. The written consent of the employee
	Other workers	Obtaining the consent of the employee is not required
The need to perform in advance of unforeseen work, from the urgent fulfillment of which it depends on the normal operation of the organization as a whole or its individual structural divisions	Disabled, women who have children under the age of three, as well as fathers raising these children without mother. and guardians (trustees) children under three years	1. Such work is not prohibited by him for health state in accordance with medical conclusion. 2. The worker under the painting is familiar with its right to refuse to work in the weekend or non-working holiday day. 3. The written consent of the employee
	Other workers	Obtaining the consent of the employee is not required
Other cases	Disabled, women who have children under the age of three. As well as fathers raising these children without mother, and guardians (trustees) of children under three years	1. The opinion of the election body of the primary trade union organization is taken into account. 2. Such work is not prohibited by him for health state in accordance with medical conclusion. 3. The worker under the painting is familiar with his right to refuse to work in the weekend or non-working holiday day. 4. The written consent of the employee
Other cases	Other workers	1. The written consent of the employee was obtained. 2. The opinion of the election body of the primary trade union organization is taken into account

The issue of payment ran out for the work at the weekend is extremely relevant, since quite often in everyday life we \u200b\u200bare faced with situations when there is a need to work in conventional holidays. And for many, such work in the long-awaited day off is not uncommon. Do not hurry and categorically say "no" to your leader. According to the legislation in force in Russia, if the employee's presence is necessary in the weekend or public public holiday, compensation is guaranteed it.

How can you make a well-deserved holiday for work at the weekend

It may be like directly two-time payments to work on weekends and the subsequent provision of a rest day in the future, however, then access to the service, unfortunately, is paid in a single amount. What days should be considered festive and, therefore, non-working (in addition to the generally accepted holidays specified in the Labor Code of the Russian Federation), which compensation to wait for the employee who spent on holidays, what is the procedure for organizing work on holidays, etc. - All these rules, the company can register in locally regulations.

If there is nothing in the regulatory documents about this, the right to choose from one or another compensation in this case, the Labor Code leaves for an employee. And quite often, employees choose "okule", in other words, providing additional days of rest for the amount of time they have already managed to work.

Before allowing the employee to start labor responsibilities into his (according to the tablel), the day off or non-working holiday day, it is supposed to make the employer to create an order and acquainted with him the "under-painting" with him. As a rule, this order is needed in order for the employer to register the date of the additional exit, the planned working hours, days or a day and what kind of compensation guarantees a double payment or subsequent ran for work on a weekend.

If, in the order of compensation for working hours, nothing was said, the employee himself may decide and write an application for the provision of additional (as the Labor Code calls) of the Day of Recreation. Such an application for the ranks as a single sample form is not provided by law. The sample statement for the rangs can be asked to the company's personnel department. It is possible that in your organization, the form of writing such a statement is free.

Important! The main thing is that this statement for the ration contains information that the worker wants to get a vacation for the perfect earlier work, which accounted for non-working day (due to holidays), in accordance with Art. 113 TK RF.

The head simply obliged to such a statement with a request to grant a vacation for the previously done work to accept and the required rest to provide. And in the table, the need to work is denoted as "RV", that is, the working output, or the code "03". Below is the number of spent time in the clock, ran away, as OV, or the designation code "27".

Read also Features of registration of the statement for the ran

How will work work on weekends

In case of satisfaction of the request for the day of the rest, work work on a weekend or a generally accepted holiday will be in a single amount, and the next day of rest is not paid, as stated in Art. 153 h. 3 of the Labor Code of the Russian Federation. At the same time, according to the explanations of Rostrud and the Ministry of Labor of Russia, a month in which the employee provided an additional day for recreation is paid in full (the monthly salary amount should be fully paid).

To understand how the compensations for work at the weekend are calculated and paid, how many working days will be indicated in the table for a month and from which the employee's full earnings will result in the end, it is necessary to consider the example of two approximate options for the development of events.

The first option is when the employee ran the employee in the same month

The employee works in the company with a 5-day work week, to eight hours. He has a monthly salary, according to an employment contract. This employee is all the days of the month worked out by the production calendar. And when the production need has arisen, has been brought to work on a holiday for the entire eight-hour working day.

Having written an application for the ran away, he received an additional rest in the same month. When taking into account the table, there will be marks "I" (turnout) - all of his working days (it turns out that the monthly rate of the amount of working time has been completed), "RV" is noted one day for a holiday with an indication of hourly duration and "s" - this is one-day Vacation.

According to the tabel, they will be charged completely salary for the month, and he will also receive payment for the spent time on the holiday. The amount of this surcharge is easy to calculate. To do this, it is necessary to multiply part of its salary for an hour to the actual number of hours worked on the festive day. It turns out that, in addition to the salary, the employee is charged with a single tariff rate per day, which meets the requirements of the Labor Code. This is due to the fact that staying at the workplace on holidays is compensated for by the future date of a different weekend, and the rate of time for the month is not exceeded.

The second option - the otgule is drawn up in the future

Conditions are preserved for the same. The employee works in an organization with an 8-hour working day, five days a week. The employment contract also has salary for the month. An employee will work monthly every month of the required working time. And so it happens that it is attracted for one day to fulfill the work, when the production necessity has arisen, on a holiday for the entire shift. Only here is a statement for the ran away he writes next month.

It happens that the employee has to enter the workplace in the calendar or holiday day off. How to pay for such work, in which the amount of labor code is paid for weekends and holidays, the procedure for calculation in 2017 is considered below. Examples of calculating payment for employees on the salary, with piecework, hourly payment, with a changeable graphics and summarized accounting of working time.

As a general rule, payment for work in a non-working day is made in an elevated amount. At the same time, the employee has a choice - to take a day down for a worked holiday or day off or get an increased salary.

Consider the procedure for calculating payment for various payment systems and work schedules.

The procedure for calculating payment of festive and weekend days during the salary in 2017

The first case - the employee has a salary for a full spent month. How will it be paid for work in non-working days?

Monthly salary is charged for a fully spent calendar month. If there is a processing in the form of spent weekends, then you need to pay them in addition to the salary. Moreover, the amount of surcharge affects whether the employee took the rank or not. If the ration is taken, then this is written by a statement by the employee by the end of the month, in which labor was recorded at the weekend.

According to Rostrud, the procedure for calculating the surcharge for work on holidays and weekends is similar to the procedure for calculating the surcharge for overtime. Actual references to articles are given above.

When calculating payment, it is also necessary to take into account whether the work falls at the norm of working time per month or not.

work on a festive day in a monthly rate: The surcharge is calculated as a salary multiplied by the number of hours falling on the weekend spent on the weekend, and divided by the average day for the month under the production calendar;
work on a festive day not included in the monthly rate: When granting otgul, the surcharge is calculated in the same way as in the case of higher; If the arrows is not taken, the surcharge is calculated in a double size, that is, the payment calculated by the formula above is multiplied by 2.