How to pay a day off if. Are holidays paid at the salary according to the law

New edition Art. 153 of the Labor Code of the Russian Federation

Work on a weekend or non-working holiday is paid at least twice the amount:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Specific amounts of remuneration for work on a day off or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in single size, and the day of rest is not payable.

Pay on weekends and non-working days holidays creative workers of 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, in accordance with the lists of works, professions, positions of these employees approved by the government Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local regulatory act, an employment contract.

Commentary on Article 153 of the Labor Code of the Russian Federation

Performance of work on weekends and non-working holidays in accordance with applicable law also applies to work in conditions that deviate from normal. By general rule work on weekends and non-working holidays is also prohibited.

Involvement of employees to work on weekends and non-working holidays is carried out from their written consent in case of need to perform in advance unforeseen work on the urgent implementation of which the normal operation of the organization as a whole or its individual structural divisions, individual entrepreneur.

Engaging employees to work on weekends and non-working holidays without their consent is allowed 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 property of the employer, 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, endangering the life or normal living conditions of the entire population or part of it.

In other cases, involvement in work on weekends and non-working holidays is allowed 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, work is allowed, 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.

Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of three years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.

Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

In accordance with Article 153 of the Labor Code of the Russian Federation, work on a weekend or holiday is paid at least twice the amount. Employees who are paid according to the time system are paid for work on weekends or non-working holidays at double hourly or daily rates. Workers-pieceworkers produced on a day off or a holiday must be paid at least at double piece rates. For employees receiving a monthly salary, work on a day off or non-working holiday is paid in the amount of at least the daily or hourly rate in excess of the salary, and if the work was performed in excess of the monthly norm, at least twice the hourly or daily rate in excess of the salary.

A collective and labor agreement may provide for higher wages on public holidays. If the work falls on a holiday partially, then it is paid in an increased (double) amount only for those hours that were included in the holidays (from 0 to 24 hours). At the request of the employee, the increased payment for work on holidays can be compensated by providing another day of rest, but with payment in a single amount. In this case, the day off is not payable.

Remuneration of work on weekends and non-working holidays for creative workers of 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, professional athletes in accordance with the lists of jobs, professions, positions of these employees, 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, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

Another commentary on Art. 153 of the Labor Code of the Russian Federation

1. For the procedure for engaging in work on weekends and non-working holidays, see it.

2. Article 153 of the Labor Code of the Russian Federation establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest.

The right to choose the type of compensation belongs to the employee. Since involvement in work on weekends and non-working holidays is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application from the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made.

3. When an employee chooses an increased payment, it is made at least in double the amount. The procedure for determining the amount of payment depends on the system of remuneration:

With a piecework payment system, piecework rates are applied, increased by at least two times;

With a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working time, an additional payment in the amount of at least an hourly or daily tariff rate is established to the official salary;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was performed in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily wage rate is established to the official salary.

The specific amount of payment for work on weekends or non-working holidays is established in accordance with Part 2 of Art. 153 of the Labor Code of the Russian Federation in a collective agreement, a local regulatory act or in an employment contract. If such an amount is not established by contract, payment should be made in accordance with Art. 153 of the Labor Code of the Russian Federation in double size.

In any case, hours actually worked on a weekend or non-working holiday are subject to increased payment.

4. When an employee chooses compensation in the form of providing another day of rest, the time for using this day must be agreed with the employer. The use of another day of rest without the consent of the employer should be considered as a violation by the employee labor discipline.

Since work on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an entire additional day of rest should be provided. An additional day of rest is not payable.

5. Special rules for wages on weekends and non-working holidays are established for 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 ( exhibiting) works of professional athletes. On the one hand, the nature of the activities of such workers and such organizations involves their work on weekends and holidays, on the other hand, these workers are equally covered by the guarantee norms of labor legislation. Based on this, part 4 of Art. 153 of the Labor Code of the Russian Federation provides that an increase in the wages of these persons on weekends and non-working holidays is established by an employment contract, a collective agreement or local regulations of the organization, but is not limited to a minimum amount.

Article 153 Work on a weekend or non-working holiday is paid at least twice the amount: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; employees who receive a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time. Specific amounts of remuneration for work on a day off or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract. An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate. At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Remuneration of work on weekends and non-working holidays for creative workers in the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, 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, can be determined on the basis of a collective agreement, a local normative act, an employment contract. Commentary on Art. 153 of the Labor Code of the Russian Federation 1. For the procedure for engaging in work on weekends and non-working holidays, see Art. 113 of the Labor Code of the Russian Federation and commentary to it. 2. The commented article establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest. The right to choose the type of compensation belongs to the employee. Since engagement to work on weekends and non-working holidays, as a rule, is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application from the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made. 3. When an employee chooses an increased payment, it is made at least in double the amount. The procedure for determining the amount of payment depends on the system of remuneration: with a piecework system of payment, piecework rates are applied, increased by at least two times; with a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice; with a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working time, an additional payment in the amount of at least an hourly or daily tariff rate is established to the official salary; with a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily tariff rate is established to the official salary. The specific amount of payment for work on weekends or non-working holidays is established in accordance with part 2 of the commented article in the collective agreement, local regulatory act or in the employment contract. If such an amount is not established by contract, payment should be made in accordance with the commented article in double size. In any case, hours actually worked on a weekend or non-working holiday are subject to increased payment. 4. When an employee chooses compensation in the form of providing another day of rest, the time for using this day must be agreed with the employer. The use of another day of rest without the consent of the employer should be considered as a violation of labor discipline by the employee. Since work on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an additional day of rest should be provided. An additional day of rest is not payable. 5. Remuneration for work on weekends and non-working holidays is established in such a way that, together with it and other compensation and incentive payments, the amount wages of an employee who fully worked out the norm of working hours and fulfilled labor standards was not lower than the minimum wage (see Definition of the Armed Forces of the Russian Federation of May 2, 2010 N 8-B10-20). 6. Special rules for wages on weekends and non-working holidays are established for 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 ( exhibiting) works whose professions and positions are established by Decree of the Government of the Russian Federation of April 28, 2007 N 252. On the one hand, the nature of the activities of such workers and such organizations involves their work on weekends and holidays, on the other hand, these workers are to other degrees, the guarantee norms of labor legislation apply. Based on this, part 4 of the commented article provides that the increase in the wages of these persons on weekends and non-working holidays is established by an employment contract, a collective agreement or local regulations of the organization, but is not limited to a minimum amount. 7. In accordance with paragraph 3 of Art. 11 of the Federal Law of June 7, 2013 N 108-FZ “On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation” recruitment and remuneration on weekends and non-working holidays, employees of FIFA, FIFA subsidiaries, FIFA counterparties, confederations, national football associations, the Russian Football Union, the Russia-2018 Organizing Committee, its subsidiaries, whose labor activity is related to the implementation of events, are allowed in the manner prescribed collective agreement, local normative act, labor contract. At the same time, the requirements of Art. Art. 113 and 153 of the Labor Code of the Russian Federation.

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Under what conditions is it allowed to engage in work on non-working holidays? How are they installed specific dimensions pay for work on weekends or holidays? How is work paid on a non-working holiday with a summarized accounting of working hours? What to pay attention to when paying for work on a day off to an employee who has a traveling nature of work? What arguments did the Supreme Court of the Russian Federation cite in Ruling No. 56-KG16-22 dated November 21, 2016, when considering the case on the formation of the indicator double payment weekend work?

Given the specifics of their activities, some organizations are often forced to involve employees to work on weekends. As practice shows, the issue of payment for such work is still relevant. Employees and employers do not always agree on what double wages are.

Provisions of the Labor Code on work on weekends and its payment.

According to the general rule established by Part 1 of Art. 113 of the Labor Code of the Russian Federation, work on non-working holidays is prohibited. However, the labor law provides for a number of exceptions to this rule.

The Labor Code allows for engagement to work on non-working holidays and in other cases with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization (part 5 of article 113).

Note

With regard to certain categories of employees, the procedure for engaging in work on non-working holidays may be established by a collective agreement, a local normative act, an employment contract. So, in accordance with Part 4 of Art. 113 of the Labor Code of the Russian Federation, such categories include creative workers(in accordance with the list of jobs, professions, positions of these employees, approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252). When organizing labor relations with such workers, one should be guided by the Industry Agreement between the Ministry of Culture of the Russian Federation and the Russian Trade Union of Cultural Workers for 2015-2017 dated November 25, 2014.

Part 6 Art. 113 of the Labor Code of the Russian Federation establishes the categories of work, which are allowed on non-working holidays, regardless of the presence of the above conditions:

work, the suspension of which is impossible due to production and technical conditions, in continuously operating organizations;
work caused by the need to serve the population;
urgent repair and loading and unloading operations.

Part 8 Art. 113 of the Labor Code of the Russian Federation contains a requirement according to which, in all cases, the involvement of employees in work on non-working holidays must be carried out on the basis of a written order of the employer.

So, to attract employees to work on a non-working holiday, the following conditions must be met:

the existence of a legal basis for engaging in work on a holiday;
written consent of the employee (except when it is not required);
taking into account the opinion of the elected body of the primary trade union organization (in the case established by the Labor Code of the Russian Federation);
a written order from the employer.

Note

The performance of work on a non-working holiday is a type of work in conditions that deviate from normal, in connection with which the employee is paid the appropriate payments provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, labor contract. At the same time, by virtue of Art. 149 of the Labor Code of the Russian Federation, the amounts of payments established by a collective agreement, agreements, local regulations, an employment contract cannot be lower than those provided for by labor legislation and other regulatory legal acts containing labor law norms.

The rules for remuneration on non-working holidays are enshrined in Art. 153 of the Labor Code of the Russian Federation. Part 1 of this article determines that work on a non-working holiday is paid at least twice the amount:

pieceworkers - at least at double piecework rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Specific amounts of payment for work on a weekend or holiday can be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, an employment contract (part 2 of article 153 of the Labor Code of the Russian Federation).

note

The Labor Code establishes minimum guarantees for wages on non-working holidays, which the employer can increase through contractual or local regulation.

In accordance with Part 3 of Art. 153 of the Labor Code of the Russian Federation, at the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Weekend pay at a single rate means that an employee receiving a salary is paid a single daily rate in addition to the salary. The salary (salary) in the month when the day of rest is used is not reduced.

Note

Features of remuneration on a non-working holiday for employees who have entered into employment contracts for up to two months, are given in Art. 290 of the Labor Code of the Russian Federation. For such workers, compensation is provided only in monetary form: at least twice the size.

How is work paid on a non-working holiday with a summarized accounting of working hours?

The guarantees established by art. 153 of the Labor Code of the Russian Federation, apply to all employees, regardless of the working hours (five-day work week, shift schedule, etc.). However, with the summarized accounting of working time, as well as in continuously operating organizations, the rules provided for by the Decree of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 465 / P-21 “On approval of Explanation No. days" (hereinafter referred to as the Explanation).

According to paragraph 1 of the Clarification at continuously operating enterprises (in workshops, at sites, units), as well as with a summarized accounting of working hours, work on holidays is included in the monthly norm of working hours.

Double payment is made to all employees for hours actually worked on a holiday (clause 2 of the Clarification). When part of a work shift falls on a holiday, the hours actually worked on the holiday (from 0 to 24 hours) are paid double.

Even if the employee worked on a non-working holiday in accordance with his schedule, he is entitled to increased pay. In this case, he does not have the right to provide another day of rest, since the work was carried out within the monthly norm of working time. If work on a holiday was not included in the working time, with the consent of the employee financial compensation may be replaced by granting him another day of rest. In this case, payment for work on a holiday is made in a single amount (clause 3 of the Clarification).

Based on paragraph 4 of the Calculation Clarification overtime hours work on public holidays performed in excess of the normal working time should not be taken into account, since it has already been paid at double the rate.

How is a day off on a business trip paid?

Payment for a day off or non-working holiday spent on a business trip is due to the employee if he:

worked on that day (if there is a legal basis for engaging in such work and a written order from the employer);
was specially sent to work on a day off;
went on a business trip (returned from a business trip) or was on the way to the place of business trip or back.

When paying for work during a business trip, you should be guided by Art. 153 of the Labor Code of the Russian Federation, as well as clauses 5, 9 of the Regulations on business trips and Letter of the Ministry of Labor of the Russian Federation of December 25, 2013 No. 14-2-337.

As a general rule, if the employee was not provided, payment is made in the amount of at least double the daily (hourly) tariff rate (part of the salary). When providing time off, payment will be made in the amount of a single daily (hourly) tariff rate (part of the salary). You don't have to pay average wages for that day.

How to pay for work on a day off for an employee who has a traveling nature of work?

Payment for work on weekends to employees with a traveling nature of work is made in general order according to the rules set out in Art. 153 of the Labor Code of the Russian Federation.

In addition, when employed on weekends, workers with a traveling nature of work do not lose the right to reimbursement of expenses enshrined in Art. 168.1 of the Labor Code of the Russian Federation. That is, for the weekend spent on the road, they should also be reimbursed:

travel expenses;
the cost of renting a dwelling;
additional expenses associated with living outside the place of permanent residence (daily allowance, field allowance);
other expenses incurred by employees with the permission or knowledge of the employer.

Supreme Court on double pay weekends.

Ruling of the RF Armed Forces dated November 21, 2016 No. 56-KG16-22 considered the requirement to impose on the employer the obligation to include compensatory and incentive payments in the calculation of wages on weekends and non-working holidays.

The essence of the matter. Citizen in labor relations with the military unit, worked on weekends and non-working holidays. In accordance with the orders of the commander of the unit, several of these days were recognized as working. At the same time, compensatory and incentive payments for harmful conditions labor, length of service, "marine" allowance and bonus payments. The citizen decided that such a calculation of wages violates his rights, and went to court. The court of first instance granted the plaintiff's claims, agreeing that all the payments listed were due to him. The Court of Appeal took the same position. However, the citizen's employer appealed to the Supreme Court of the Russian Federation by way of cassation.

Note

Features of the regulation of labor of persons working in organizations of the Armed Forces of the Russian Federation are provided for in Art. 349 of the Labor Code of the Russian Federation, according to which employees who have concluded employment contracts for work, including in military units, are subject to labor law and other acts containing labor law norms, with features established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation. Thus, the conclusions reached by the court will be of interest to all our readers.

The position of the court. In considering the case, the court drew attention to the provisions of Art. 129 and 153 of the Labor Code of the Russian Federation. According to part 4 of Art. 129 of the Labor Code of the Russian Federation, a salary (official salary) is understood as a fixed amount of remuneration of an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments.

From the provisions of Part 1 of Art. 153 of the Labor Code of the Russian Federation in conjunction with Part 4 of Art. 129 of the Labor Code of the Russian Federation it follows that work on a weekend or non-working holiday is paid to the employee at least twice the amount based on a fixed amount of remuneration for his labor for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensatory, incentive and social payments. To calculate the amount of remuneration for employees who receive a salary (official salary), a daily or hourly rate (part of the salary (official salary) per day or hour of work) is applied in excess of the salary (official salary), while other payments, except for the salary, when calculating payment Work on a weekend or non-working holiday is not taken into account.

In the reasoning part of the ruling, the arbitrators indicated: from the content of the said norms, it follows that when calculating wages for the period in which the employee performed work on weekends and non-working holidays, payment must be made solely on the basis of the employee’s double salary, excluding compensatory and incentive payments for length of service years, "marine" allowances, bonus payments, district coefficient, “northern” allowance (Determination of December 26, 2016 No. 56-KG16-22 “On correcting a typo in the motivational part of the Definition
of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated November 21, 2016 No. 56-KG16-22").

In this regard, the Supreme Court of the Russian Federation canceled the decisions of the courts of the first and appellate instances and sent the case for a new trial, since earlier the judges did not take into account that the provisions of Art. 153 of the Labor Code of the Russian Federation do not provide for payment for work on weekends and non-working holidays, taking into account other compensation and incentive payments, except for payment for such work at least twice the amount based on the fixed amount of the employee's wages.

When attracting employees to work on a non-working holiday, the employer must comply with a number of conditions. In particular, there must be a legal basis for engaging in work on a holiday, the written consent of the employee (except when it is not required) and the written order of the employer. When calculating wages for the period in which the employee performed work on weekends and non-working holidays, payment is made solely on the basis of the employee's double salary, excluding compensation and incentive payments.

Work processes can not always proceed strictly within the framework of a strictly established schedule.

Sometimes an employer just needs to call one or more workers on weekends to do urgent work. Of course, such work is paid in excess of the established norms and, moreover, it allows you to receive not only payment, but also time off.

Registration of work on weekends, as well as its further compensation in the form of time off or time off, is regulated by the Labor Code of the Russian Federation.

Article 153 of the Labor Code of the Russian Federation indicates that work performed on a weekend or holiday must be paid according to other criteria. For the employer, the main thing is to clearly understand what is meant by the concept of a day off.

Each accepted employee has his own installed . This measure is not superfluous, because within the framework of one organization several regimes can operate at once. When an employee works at an office job and has a five-day working week, Saturday and Sunday are considered days off if there were no official state shifts. All holidays that are prescribed in the Labor Code, as well as those that are officially announced for the next year, are also considered days off. For employees who have special graphics work, for example, floating or rotational, days off are determined according to an individually set schedule. On holidays they work or rest according to the previous established criteria, and cannot claim to leave the workplace due to the red date in the calendar.

It is possible to attract an employee to work on his legal day off only with his consent and in the event of a production need. However, it is worth remembering that any such attraction will result in increased payments for the employer himself, regardless of what was the reason for calling the employee to work after hours.

Payment amount

Paid time off for work on a day off is separate article Labor Code of the Russian Federation, namely.

According to its rules, payment labor activity, carried out on a legal weekend or holiday, is made in the following minimum volumes:

Those who receive piece rates should count no less than double the rates.
Those who are billed by the hour or by the day are charged a double rate for one hour or one day.
Recipients should calculate the share of salary for overtime worked and multiply it by two. If the work was performed within the framework of the norm established per month, then payments are made in a single amount.

Article 153 of the Labor Code of the Russian Federation establishes the obligatory double payment for all hours of work that fall on weekends or holidays. But it also contains a clause that states that other standards may be established by the employer in the collective agreement. The clauses of the collective agreement must be agreed upon with the representatives of the work team and not conflict with legislative norms. The norms prescribed in the Labor Code of the Russian Federation cannot be reduced, but you can increase them at your discretion in an unlimited amount.

Employees creative professions they work, as a rule, on weekends and holidays, they are not subject to Article 153 of the Labor Code.

The article itself states that the amount of payment for creative people is determined by the Russian Tripartite Commission, as well as local documentation, taking into account the List of Professions approved by the Government of the Russian Federation.

What do you prefer - time off or pay?

If the employee himself expresses such a desire, then the employer is obliged to provide him. You can take time off for a period equivalent to hours worked, but no more.

When solving the dilemma of which is preferable - time off or payments, you should pay attention to the rules for providing both:

The increased pay is for all hours of overtime work performed on weekends or holidays. It is accrued in the general manner when calculating wages, and is paid together with it.
is taken at the request of the employee himself and at the same time does not cancel the payment for the work performed. However, payments, when issuing time off, are accrued in a single amount.

The advantage of the day off is that it can be taken as needed. However, the law allows no more than one calendar year for sampling accumulated hours off. If the right to rest is not exercised, then when the new calendar year begins, it is lost. Most employers do not give employees the right to choose and appoint themselves either increased pay or time off. It should be clearly understood that this state of affairs is a severe violation of the rights of a working person.

At many enterprises, an unspoken law has been adopted that days off, which are less than 4 hours in duration, are usually not issued, but simply paid at an increased rate.

The procedure for granting time off

The employer is obliged to issue an order for out-of-hours work. Only the presence of a written order will allow the employee to subsequently use all the benefits specified in Article 153. If there is no order, then it will be legally considered that the employee arbitrarily went to workplace, and such an exit does not give grounds for increased payments and registration of time off.

When writing an order, the employer can, in agreement with the employees, immediately prescribe the date of the weekend provided in return. If such a note is present at the disposal, then on the appointed day the employee does not go to his workplace, and a mark on the official time off is put in his report card.

When the order does not have a strictly set date for the day off or does not stipulate compensation at all, the employee writes, in which he expresses a request for a free day or hours to replace those worked.

The date of the free day must be agreed in advance with the immediate supervisor. If he does not object to the absence of the employee on the specified day, he must put his resolution about it. The endorsed application is sent for signature to the director of the enterprise and only after its approval is considered approved. The submitted application is fixed by the issued order, indicating the date of the off-hour day off and the reason for its provision.

The procedure for calculating the payment of holidays and days off with a salary in 2017

The first case - the employee is set a salary for a full month worked. How will he be paid for work on non-working days?

Monthly salary is calculated for a fully completed calendar month. If there is processing in the form of worked days off, then they need to be paid in addition to the salary. Moreover, the amount of the surcharge is affected by whether the employee took time off or not. If a day off is taken, then an application is written by the employee before the end of the month in which work on the day off is recorded.

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 work. The actual links to the articles are given above.

When calculating the payment, you also need to take into account whether work on a weekend falls within the normal working time for the month or not.

holiday work included in the monthly: the surcharge is calculated as Salary multiplied by the number of hours worked on weekends and divided by the average number of days per month according to the production calendar;
holiday work not included in the monthly allowance: when providing time off, the surcharge is calculated in the same way as in the case above; if the day off is not taken, then the additional payment is calculated in double the amount, that is, the payment calculated according to the formula above is multiplied by 2.

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