Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

1. to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2. to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
3. to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing danger threat to the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Publications on the topic

Article 113 of the Labor Code of the Russian Federation determines the procedure for attracting workers to work on weekends and non-working holidays. In accordance with Article 113 of the Labor Code of the Russian Federation, engaging citizens to work on weekends and holidays without their consent is prohibited, except in cases of preventing a disaster or eliminating the consequences of an industrial accident; to prevent accidents and damage to the employer’s property and to perform work related to the introduction of a state of emergency or martial law. The text of Article 113 of the Labor Code of the Russian Federation also states that the involvement of workers in creative professions and media workers on such days is carried out with their consent in accordance with the collective agreement, employment contract and local regulations.

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Carrying out labor activities on non-working days and holidays is prohibited by law; in some cases this is permitted, but only with the written consent of the citizen himself. Women who have children under the age of three, as well as workers with disabilities, can be involved in work on weekends only if they are allowed to do so for health reasons. In this case, these persons must be informed in writing that they may refuse to carry out work activities at a specified time.

Recruitment

The legislation states that citizens are not allowed on weekends and non-working holidays, this is exactly what Art. 113 Labor Code of the Russian Federation. Despite this, in some cases, citizens may be involved by the manager in the performance of labor duties, if this will allow further maintenance of normal work at the enterprise and in all its divisions.

In order to attract a citizen to work on a non-working or holiday, a written consent must be obtained from him. Otherwise, this will be considered a violation because it is possible to oblige an employee to perform work on holidays and weekends without his consent only under the circumstances provided for in Art. 113 Labor Code of the Russian Federation.

The performance of work duties by a citizen during non-working hours always occurs only on the basis of an order or order from the head of the organization, with which the employee must be familiarized with signature.

Employee consent is not required

Despite the fact that hiring on weekends and even holidays is prohibited by law and is carried out only with the consent of the employee, which he gives in writing, Art. 113 of the Labor Code of the Russian Federation provides for a number of cases when work at a specified time is allowed even without his consent. This happens under the following circumstances:

In the event of preventing an accident or disaster at work, as well as to eliminate all their consequences;

When there is a risk of damage to the organization’s property;

To carry out work related to emergency situations and martial law;

If there is a threat to the life of the population.

In the event that these facts are absent, the manager has the right to involve employees in work outside of working hours only with their consent.

Attracting to work disabled people and women with children under 3 years of age

Women who have children under three years of age, as well as people with disabilities, can carry out work duties outside of working hours only if this is not prohibited for them due to health reasons and is confirmed by a specialist’s opinion. In addition, these citizens must be familiarized with this against signature, as Art. 113 Labor Code of the Russian Federation.

Payment

When performing work functions on non-working days, employees are entitled to increased pay, which increases at least twice. If a citizen himself, who worked on a day off or on a holiday, wants to take another day for rest, then it should be provided to him. In this case, the time of his work will be paid as for a regular working day.

Since work on weekends and holidays is prohibited, but is permitted in exceptional cases, accordingly, the payment is increased at least twice. That is why the provisions of Art. 113, 153 of the Labor Code of the Russian Federation are inextricably linked, which allows the employer to correctly calculate the salary of an employee who worked at the specified time.

Written consent

Work outside of working hours is permitted only with the written consent of the employee. This is stated in Part 2 of Art. 113 Labor Code of the Russian Federation. In this case, there is no specific template, so the application can be written by the employee addressed to his boss in free form.

A sample form for consent to work on weekends is as follows:

To the director of LLC ____________

from citizen ____________

job title______________

Statement

I inform you of my consent to work on a non-working day 00.00.00, I have no contraindications for health, which is confirmed by medical report No. ________.

Date_______ Signature_________ (transcript)

Overtime work

Work carried out by a citizen in excess of the time limit is called overtime. Persons who have given written consent to this type of work are allowed to participate in this type of work. In addition, the employer in this case should take into account the opinion of the trade union.

Employees may be involved in overtime work without written consent in cases of disaster prevention, industrial accidents and in emergency situations when there is a threat to the lives of the population. The same circumstances are indicated in Art. 113 Labor Code of the Russian Federation. Overtime work is not intended for persons under 18 years of age and pregnant women, and women who have children under the age of three and disabled citizens can be involved in it only if it is not contraindicated for them due to health reasons, which is confirmed by a medical document.

Chief's order

Involving a person to work on a day off must necessarily be based on the order of management. In this case, the will of the boss can be formalized in the form of an order in relation to a specific person. Of particular importance here are the circumstances under which a person goes to work. They must be truly justified and legal.

According to Part 8 of Art. 113 of the Labor Code of the Russian Federation, employees are recruited to work on weekends or holidays only with a written order from the manager, although there is no specific form for such a document. It is compiled as follows:

LLC ____________ (name of organization)

Order No.________

"On attraction to work on non-working days"

00.00.00, city ___________

Due to production needs on the territory of LLC _____________, I order:

1. To oblige an employee of the mechanical department ____________ (full name) to come to work to carry out work duties on a holiday 00.00.00. In accordance with the Labor Code, pay double the salary.

2. The HR department specialist will familiarize citizen ______ (full name) with this order against signature.

Reasons:

Head of the mechanical department of LLC____ (full name);

Employee consent.

Acquainted________ (signature) _________(transcript)

Interpretation

Art. 113 of the Labor Code of the Russian Federation with commentaries provides a complete interpretation of all cases when it is allowed to involve employees in work activities during non-working hours. However, each part of the article interprets this differently:

The first states that work on non-working days and holidays is prohibited;

The second talks about unforeseen circumstances under which a boss can involve an employee in work on weekends, but only with the latter’s consent;

The third gives the employer the opportunity, without the consent of a subordinate, to involve him in work on weekends and holidays, but only in certain cases;

The fourth states that the work of creative persons during non-working hours occurs only in the manner prescribed in the collective or other agreement;

The fifth lists other categories of workers who can be involved in work outside of working hours only with the consent of the trade union;

The sixth provides for the possibility of carrying out labor activities by persons whose activities cannot be terminated and are mandatory for the population, for example, work in a production workshop, at an emergency station, in a water protection area;

The seventh establishes the rights of disabled people and women who have children under three years of age; they can refuse to work during non-working hours and holidays in writing;

The eighth is final and assigns to the employer the obligation to issue an order or instruction if he engages subordinates to work on non-working days, indicating the level of increased pay.

Situations when work activities prohibited on weekends become permitted are specified in Art. 113 of the Labor Code of the Russian Federation with comments, and examples here may be cases when certain categories of persons with whom an employment contract is concluded for several months may be involved in carrying out labor functions during non-working hours and holidays with their written consent.

I don't agree to work on weekends

Cases when people do not agree to work on weekends and holidays always occur in practice. Here the boss can no longer influence the subordinate. Because recruitment to work at this time will be illegal, except for those exceptional cases indicated by Article 113 of the Labor Code of the Russian Federation. The prohibition of work on weekends and non-working holidays directly justifies the fact that recruitment to work in this situation is unacceptable and can only occur with the consent of the person himself, which he will formalize in writing, and only if this is necessary for the continuation of normal work. activities of the organization.

Allowed work on weekends

In addition to those cases where the performance of labor functions during non-working hours is unacceptable, there are types of work when their suspension is simply not possible and is therefore permitted. On weekends the following activities are allowed:

Manufacturing enterprises, for example, work on the shop floor in a plant or factory;

Organizations that serve the entire population, such as emergency and gas services.

Urgent repair and unloading work is also permitted.

Arbitrage practice

Despite the fact that all managers try to comply with labor laws, situations sometimes occur when employees, believing that their rights have been violated, turn to the judicial authorities for protection. And very often such processes win.

Example: a citizen with a disability worked at an enterprise as a cleaner. On the weekend I asked him to go out and collect the debris left over from welding work. At the same time, the employer did not take into account the fact that the person is a person with disabilities. The citizen refused to work on the specified day, and his boss fired him for absenteeism. The employee went to court.

When considering the case materials, the court explained that the termination of the employment contract was illegal because the citizen is disabled, which means he can be involved in work activities outside of working hours, unless this is prohibited for health reasons in accordance with a medical report, as indicated by the article 113 Labor Code of the Russian Federation. Cases of hiring workers on non-working days without their consent are expressly stated in the code. Therefore, the dismissal of the person was unfounded. As a result, the citizen was reinstated in the organization with compensation for moral damage and payment for forced absenteeism.

Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

• checked today
• code dated 01/01/2019
• entered into force on 02/01/2002

There are no new articles that have not entered into force.

Compare with the edition of the article dated 10/06/2006 02/01/2002

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

• 1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• 2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
• 3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, upon signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

Other articles in this section

Judicial practice under Art. 113 Labor Code of the Russian Federation

Amendments to Art. 113 Labor Code of the Russian Federation

Mentions of Art. 113 of the Labor Code of the Russian Federation in legal consultations

• Weekend courses.
  

  13.09.2017 advanced training. You can ignore the director's request. You can also agree or refuse after you are given an order to study on your day off. According to Article 113 of the Labor Code of the Russian Federation work (advanced training courses are also included in this concept) on weekends is possible only by written order of the manager and with a written

• weekend at 12 noon
  

  27.10.2016 Ruslan. Firstly, you should know that hiring a colleague who has gone on vacation to work on weekends is possible only and exclusively with your written consent ( Article 113 of the Labor Code of the Russian Federation). Secondly, according to Article 103 of the Labor Code of the Russian Federation, working two shifts in a row is prohibited; there are no options even with the employee’s consent. You can only work outside your own shift

• Due to layoffs, we are forced to work 2 Sundays a month
  

  26.08.2016 sign thus confirming agreement. That is, if you don’t want to work on Sunday, just don’t sign the order and write that you don’t agree, because on the basis Article 113 of the Labor Code of the Russian Federation You can be hired to work on a day off only with the consent of the employee and for production reasons. As for work on Saturday, I understand that the order




13.04.2016 without your consent, moreover, you were also involved in work on your legal day off, which implies the presence of an order and the consent of the employee, as well as double payment. IN Article 113 of the Labor Code of the Russian Federation it is said: Engagement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary

• rights of boss and worker
  

  04.06.2015 Good day, Sergey. According to Article 113 of the Labor Code of the Russian Federation hiring workers to work on weekends and holidays is prohibited. But the exception is any unforeseen production situations, in which

• Is it working out the law?
  

  02.06.2015 standards, then these are no longer your problems, but your standard-setters, who drew up the wrong schedule. As for working on Saturday, this is strictly prohibited. IN Article 113 of the Labor Code of the Russian Federation in this regard it is said: Work on weekends and non-working holidays is prohibited, except in cases provided for by this Code. Attraction

• payment for a business trip on a day off
  

  23.05.2015 that weekends are not subject to payment. As for the order. The fact is that it is prohibited to attract employees to work on a day off without their consent, as stated in Article 113 of the Labor Code of the Russian Federation, but you saw your travel order, read it and signed it, therefore agreed to the proposed conditions, you could not help but know that

• payment for audit
  

  13.05.2015 attraction to work on a day off and, of course, double payment, and if work is also expected at night. then this also includes compensation for night expenses of at least 20%. IN Article 113 of the Labor Code of the Russian Federation

• legality of punishment of a team of workers
  

  11.05.2015 Good afternoon, Vyacheslav. The procedure for attracting workers on weekends is regulated Art. 113 Labor Code of the Russian Federation

• Working hours, transportation costs
  

  08.05.2015 rest time, but not less than the time worked overtime. As for working on weekends. Firstly, work on weekends and holidays is prohibited, as stated in Article 113 of the Labor Code of the Russian Federation: Work on weekends and non-working holidays is prohibited, except as provided for by this Code. To attract work on weekends

• Are cleanup days voluntary or not?
  

  28.04.2015 The employer has no right to take such an event. From the point of view of the law, it is prohibited to involve an employee in work on weekends and holidays, as stated in Article 113 of the Labor Code of the Russian Federation: Work on weekends and non-working holidays is prohibited, except as provided for by this Code. Attracting employees to work

• Work overtime, with shifts every other day. As well as insults by the employer to the employee.
  

  20.04.2015 workers two shifts in a row. As for payment, if you are invited to work on your legal day off, then payment should be double, as stated in Article 153 And Article 113 of the Labor Code of the Russian Federation it is said: Work on weekends and non-working holidays is prohibited, except for the cases provided for by this Code. Attracting employees to

• irregular working hours
  

  13.04.2015 It is the employer who sets it and there is no minimum established by law, but the employer cannot fail to establish this additional payment. As for working on weekends.B Article 113 of the Labor Code of the Russian Federation There is a direct ban on working on weekends without the consent of the employee and the presence of important reasons. After all, it can’t happen every weekend in your city.




13.04.2015 Good morning, Dmitriy. You can only be required to work on weekends and holidays with the consent of the employee and if there are important production reasons, as stated in Article 113 of the Labor Code of the Russian Federation: Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if necessary in advance

• Not accruing the variable part of the salary
  

  11.04.2015 in year. Considering. that you are required to work overtime every day at work, it is unlikely that you will be able to comply with the limit of 120 hours per year. As for working on weekends, Article 113 of the Labor Code of the Russian Federation it is said that without the employee’s consent, employment on weekends is not permissible, and if there is consent, there must be an order and payment in accordance with Article 153 of the Labor Code of the Russian Federation

  Art. 113 Labor Code of the Russian Federation Art. 113 of the Labor Code of the Russian Federation: Work on weekends and non-working holidays is prohibited, except for the cases provided for by this Code. Attracting employees to work

• Payment for work on holidays
  

  02.01.2015 No, it's legal. Firstly, you have the right not to agree to work on weekends if you do not have shift work and are not scheduled to work on weekends. According to Art. 113 Labor Code of the Russian Federation: Work on weekends and non-working holidays is prohibited, except as provided for by this Code. Attracting employees to work

Work on weekends and non-working holidays is prohibited, except as provided for by this Code.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

• Regulation of the labor of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works

  Features of the regulation of the labor of creative workers in the media, cinematography organizations, television and video film crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in particular the features of regulation of working hours and rest time (including breaks of a technological and (or) organizational nature, the duration of daily work (shift), night work, weekends and non-working holidays), wages, in accordance with Article 252 of the Labor Code of the Russian Federation are established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and in cases provided for in Articles 94, 96, 113, 153, 157 and 268 of the Labor Code of the Russian Federation, also labor contracts.