Labor Code, part 3, article 153. Innovations in pay for work on weekends, holidays and at night

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 hours, 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 hours.

Specific amounts of remuneration for work on a weekend 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 of 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.

Comments to Art. 153 of the Labor Code of the Russian Federation

1. According to Art. 37 of the Constitution of the Russian Federation, every employee is guaranteed days off and holidays by the state. Work on weekends and non-working holidays is generally prohibited. The employer has the right to involve the employee to work on a weekend or holiday only on the grounds established in Art. 113 TK. This article provides for 3 cases, in the presence of which the employer has the right to involve the employee in work on weekends and non-working holidays. In addition, the employer may establish additional grounds for involvement in such work.

2. Art. 113 of the Labor Code lists the categories of workers whom the employer does not have the right to involve in work on weekends and non-working holidays.

3. If the employee, at his own request, worked on a weekend or non-working holiday, he is given another day of rest at his request. Work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Thus, work on a day off is either compensated by payment in the amount of daily earnings, or can be replaced by a day of rest.

4. If an employee on a weekend or a holiday did not work a full day, but only part of it, for example, 6 hours instead of 8 hours, then he is given a day of rest in full.

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 hours, 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 hours.

Specific amounts of remuneration for work on a weekend 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.

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 of 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 Article 153 of the Labor Code of the Russian Federation

1. On the procedure for engaging in work on weekends and public holidays, see Art. 113 TC 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 by 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;

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 hours, 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 compensatory and incentive payments, the amount of wages of an employee who has fully worked out the norm of working hours and fulfilled labor standards is not lower than the minimum wage ( see Determination of the Armed Forces of the Russian Federation of May 2, 2010 N 8-B10-20).

6. Special rules for remuneration 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.

Another commentary on Article 153 of the Labor Code of the Russian Federation

The amount of payment for work on a day off and a non-working holiday (for the time from 0 to 24 hours) cannot be lower than that established in part 1 of this article.

Payment for work on a day off and a non-working holiday for employees who have a fixed salary has certain specifics. Such employees are paid for work on holidays or weekends:

Not less than in the amount of a single hourly or daily rate in addition to the salary, if work on such a day is included in the normal working hours of a given month;

Not less than double the daily or hourly rate in addition to the salary, if the work on such a day was carried out in excess of the monthly norm of working time.

In order to determine whether to pay in a single or double amount for work on a weekend and a non-working holiday for employees who have a salary, it is necessary to find out whether work was carried out on a holiday within or in excess of the monthly norm of working time. It depends on the specifics of the organization's activities and it does not matter the norm of working days and hours established by the production calendar.

According to paragraph 1 of the clarification of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 N 13 / P-21, which, according to Art. 423 of the Labor Code continues to operate, work on holidays:

1) is performed within the monthly norm of working hours and is paid in a single amount:

In continuously operating organizations;

Organizations that use the summarized accounting of working hours. Recall that the summarized accounting of working time, in particular, can be used in shift work, in organizations using the rotational method of organizing work, as well as on public transport;

2) is performed in excess of the monthly norm of working time and is paid double in all other organizations, regardless of whether the working days are fully worked out or not in a particular month.

Work on weekends and non-working holidays is not considered as overtime if it does not exceed the duration of daily work established by the internal labor regulations for this category of employees. Hours worked in excess of this duration are considered overtime. However, work during such hours is paid in the same amount as work on a holiday, i.e. not less than double the amount for each hour of overtime work.

The specific amounts of payment for work on weekends and non-working holidays in accordance with part 2 of the commented article are not established by the employer independently, but by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees or an employment contract, which corresponds to the basic principles of labor law on a combination of state and contractual regulation of labor relations and other relations directly related to them, social partnership, including the right for the participation of employees, employers, their associations in the contractual regulation of labor relations and other relations directly related to them.

With the consent of an employee who has worked a day off or a non-working holiday, he may be granted another day of rest. At the same time, work on a holiday is paid in a single amount, and a day of rest is not subject to payment.

The Labor Code also provides for the possibility of payment for work on weekends and non-working holidays for a number of categories of creative workers on the basis of an employment contract, a collective agreement or a local regulatory act of the organization. List of professions and positions 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, the specifics of the labor activity of which are established by the Labor Code code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.

The Labor Inspectorate, relying on the decision of the Constitutional Court of June 28, 2018 No. 26-P, explains that the findings of the Court apply to all employers and employees without exception, and not only to personnel of military units. That is, now, when calculating wages for work on a day off or a holiday, the Labor Code also prescribes that all compensation and incentive payments due to the employee be taken into account.

Everything was served by a trial in which the employees of the military unit received compensation for working on a day off without taking into account all incentive payments.

Why did the wages on weekends and holidays for some workers turn out to be lower than the wages on a normal working day? The Supreme Court of the Russian Federation incorrectly interpreted the provisions of Art. 153, which was pointed out by the Constitutional Court, which determined the interpretation of Article 153 of the Labor Code, where incentive and compensation payments should be taken into account when paying for work on weekends and holidays. This interpretation is mandatory.

The publication is aimed at students of advanced training courses and professional retraining in the following areas:

The Constitutional Court recognized as erroneous the position of the Ministry of Defense of the Russian Federation and the Supreme Court on the interpretation of Article 153 of the Labor Code. The precedent for consideration was the complaints of civil servants at the military unit, whose complaints were combined into one proceeding (Decree of the Constitutional Court of the Russian Federation of June 28, 2018 N 26-P "On the case of checking the constitutionality of the first part of Article 153 of the Labor Code of the Russian Federation in connection with complaints of citizens D.V. Apukhtin, K.K. Bagirov and others").

About wages in the Russian Federation on holidays and weekends

The right to a fair wage and equal remuneration for work of equal value, without distinction of any kind, is recognized as one of the most important rights in the world of work.

• the Universal Declaration of Human Rights (Article 23),
• International Covenant on Economic, Social and Cultural Rights (Article 7),
• and the European Social Charter (Revised) adopted at the City of Strasbourg on 3 May 1996 (Article 4 of Part II).

Everyone has the right to remuneration for work without any discrimination and not below the minimum wage established by federal law (Article 1, Part 1; Articles 7 and 18; Article 37, Part 3); all are equal before the law and the court; the state guarantees equality of rights and freedoms of man and citizen (Article 19, parts 1 and 2).

The legal regulation of the remuneration of labor of persons working under an employment contract should guarantee the establishment of wages in the amount determined by objective criteria that reflect

• employee qualification,
• the nature and content of his labor activity

and taking into account the conditions for its implementation, which together determine the amount of money paid to the employee necessary for the normal reproduction of the labor force.

Work in case of deviation of working conditions must be paid at an increased rate

The determination of a specific wage should not only be based on the quantity and quality of labor, but also take into account the need for a real increase in wages when working conditions deviate from normal (Decree of the Constitutional Court of the Russian Federation of December 7, 2017 N 38-P, Determination of the Constitutional Court of the Russian Federation dated December 8, 2011 N 1622-О-О).

Working on holidays and weekends

Everyone has the right to rest, and a person working under an employment contract is guaranteed the length of working hours established by federal law, weekends and holidays, paid annual leave, - the Labor Code of the Russian Federation, in order to provide employees with a real opportunity to use the weekends and non-working holidays provided for by law for recreation, introduces a general ban on work on such days. At the same time, Article 113 of this Code lists exceptional cases when engagement to work is allowed, but only under certain conditions, including if there is a written order from the employer and, as a rule, the written consent of employees.

Payroll on holidays and weekends

In order to compensate employees for increased labor costs due to an increase in working hours and a reduction in rest time, which is necessary, first of all, to restore strength and working capacity, Article 153 of the Labor Code of the Russian Federation establishes that work on a day off or non-working holiday is paid at least double size:

• 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 a double 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 done in excess monthly norm of working hours (part one).

Specific amounts of payment for work on a weekend or non-working holiday may be established

• collective agreement,
• local regulation,
• employment contract (part two).

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

Article 153 of the Labor Code and the Collective Agreement on incentive payments and compensations

Today, there is a position of the Constitutional Court (Determination of the Constitutional Court of December 8, 2011 N 1622-O-O) regarding the additional accrual of incentive and compensation payments to employees who have worked on weekends and holidays. According to this, payment for work on such days, performed in excess of the monthly norm of working time, should be calculated at least in double the amount with the use of compensation and incentive payments.

"Art. 153 of the Labor Code of the Russian Federation has no restrictions on the payment of incentives and compensations"

The absence in Article 153 of the Labor Code of the Russian Federation of a direct indication of the use of compensation and incentive payments when paying for work on a weekend or non-working holiday does not mean that such payments are not subject to accrual when calculating wages for these days (determinations of the Primorsky Regional Court dated February 24, 2016 of the year in case N 33-1564 and of April 12, 2016 in case N 33-3495).

The same requirements apply to civilian employees of military units.

Why did the courts begin to refuse incentive payments to civil servants at military units?

On September 20, 2016, the Order of the Ministry of Defense of Russia of August 18, 2016 N 515 "Regulations on the system of remuneration of civilian personnel of military units and organizations of the Armed Forces of the Russian Federation" came into force. In this Regulation, an incomplete part of Article 153 of the Labor Code of the Russian Federation was reproduced. As a result, the departmental normative act misinterpreted article 153, where it linked payments for (overtime) work on holidays and weekends without taking into account compensation and incentive payments (i.e. based solely on the tariff rate, salary, official salary).

Citizens began to challenge this decision in the courts. The Supreme Court took the side of the Ministry of Defense of the Russian Federation. So the decision of the Supreme Court became a signal for the entire judicial practice.

Meanwhile, the Supreme Court made a distortion in the interpretation of Article 153 of the Labor Code, linking its provisions with Article 129 of the Labor Code of the Russian Federation. This article assumes payment for work on a day off or non-working holiday (including work performed in excess of the monthly norm of working time) at least twice the amount of the tariff part of wages (tariff rate, salary, official salary) excluding compensatory, incentive and social payments .

The Supreme Court unreasonably banned incentive payments for work on holidays and weekends

As a result of such a turn, the position of the courts of all instances erroneously began to conclude that the calculation of any compensation and incentive payments for work on a weekend or non-working holiday is not provided for by these interrelated legal provisions, and therefore, when calculating wages for an employee receiving a salary (official salary) , for the period in which he performed work on a weekend or non-working holiday, payment must be made solely on the basis of the double salary (official salary) of the employee, without taking into account compensatory and incentive payments, in particular, for length of service, maritime allowance, bonus payments, regional coefficient, northern allowance (definitions dated November 21, 2016 N 56-KG16-22, dated December 5, 2016 N 56-KG16-29, N 56-KG16-34 and N 56-KG16-35, dated December 12, 2016 N 56-KG16-28, N 56-KG16-30 and N 56-KG16-31, dated February 6, 2017 N 56-KG16-44).

Incentive pay for work on weekends and holidays

Due to the incorrect interpretation of the provisions of the Labor Code, namely Art. 153 of the Labor Code of the Russian Federation, the amount of wages for working on a holiday or day off turned out to be lower than the amount of wages on a normal working day.

The provisions of Article 153 regarding the expression "higher pay" in relation to pay for hours actually worked on a weekend or non-working holiday, clearly implies that work on a weekend or non-working holiday should be paid in a larger amount than similar work done on Common workday.

"Work on weekends or public holidays must be unequivocally paid at a higher rate"

The increase in the amount of wages in such cases is intended to compensate for the increased labor costs of the employee due to the implementation of work during the time intended for rest, and therefore, being a guarantee of fair remuneration in conditions that deviate from normal, should apply to all persons working under an employment contract, regardless from the working time regime established for them and the system of remuneration.

Compensatory and incentive payments provided for within the framework of a specific remuneration system, applied in order to maximize the consideration of various factors characterizing the content, nature and conditions of work, other objective and subjective parameters of labor activity, are accrued to the salary (official salary) or the tariff rate of the employee and are integral part of his remuneration, and therefore, must, within the meaning of parts one and two of Article 135 of the Labor Code of the Russian Federation, be taken into account by the employer when determining the employee’s wages and accrued for all periods of work, including weekends and non-working holidays, otherwise it would mean arbitrary the application of the remuneration system in force in the relevant organization, and the goal of establishing compensation and incentive payments would not be achieved.

Download Resolution of the Constitutional Court of the Russian Federation of June 28, 2018 N 26-P "On the case of checking the constitutionality of the first part of Article 153 of the Labor Code of the Russian Federation in connection with complaints from citizens D.V. Apukhtin, K.K. Bagirov and others"

website/stat/tk-glava-21/statia-153/

2/21/2018 - Bogdan Mett

I work as a watchman at the STATE BUDGET PROFESSIONAL EDUCATIONAL INSTITUTION OF THE REPUBLIC OF CRIMEA, according to the schedule every other day. In January 2018, he worked on January 3 from 8-00 to 8-00 on January 4 and from 8-00 on January 7 to 8-00 on January 8. For this month, I received an additional payment for work on holidays in the amount of -16 hours. Explaining that the holidays in January are only January 1 and 7. Have I been billed correctly?

02/20/2018 - Alexey Kurov

Art. 153 provides for payment in a single amount with the provision of a day of rest. The question is, in what period should this day of rest be granted? : 9:00 - 11:00

12/17/2017 - Eduard Chernyatinsky

I work as a driver in a private company without days off, no orders are written, they pay half the black half the white salary and what should I do to file an application with the court or what

06/07/2017 - Larisa Mikhailova

how should I be given time off if processing was paid in a single amount and time off is provided for vacation

08.12.2016 - Vadim Shunkov

10/31/2016 - Victoria Koroleva

My work schedule is 2/2 from 9:00 to 21:00. I worked one day and then at night and plus the next day until 17:00 we were at work due to the reduction in the area of ​​​​the store, we did not sleep as a team, the total number of hours was 32 , is it according to the law? We also do an audit every two months and only at night, even if on a shift, how should all this be paid and is it supposed to be so according to the law?

09/27/2016 - Zhanna Timofeeva

Hello! I work as an operator on a shift schedule day / three. at the moment, one of the operators is on vacation and we work for him, that is, we go out on our days off for a part-time job, tell me how these days should be paid?

08/24/2016 - Anna Gromova

how to pay for the New Year holidays to an employee with a shift schedule with an official salary

The answer to the question is given by phone.

04/15/2016 - Vladislav Ossianov

I, a pieceworker, worked on Saturday, paid two "bare" tariffs, they assure me that they are right. I have big doubts.

04/15/2016 - Boris Prokhvatilov

The answer to the question is given by phone.

04/15/2016 - Artem Belogub

hello. I'm a pieceworker, I worked on Saturday, I paid two "bare" tariffs. The rater assures that he is right?

The answer to the question is given by phone.

04/04/2016 - Roman Khukhorov

Hello. I work in three days. Instead of paying on holidays, I want to get other rest days. Is it legal or not. Thank you.

The answer to the question is given by phone.

04/01/2016 - Ludmila Vinogradova

Good afternoon, the accounting department does not provide spreadsheets. And the holidays for January do not want to pay.

The answer to the question is given by phone.

03/28/2016 - Valeria Timofeeva

Is it necessary to issue an order for overtime hours to dispatchers?

The answer to the question is given by phone.

03/28/2016 - Mikhail Preferansov

Hello! Tell me please, we have such a situation. Fireman, rate 1, works alone, salary 2758.07 plus allowances for harmful conditions 330.97, for night work 899.13, for work on holidays 620.56, and the regional coefficient 40% 1595.27, Total: 6204, He requires an additional payment for r

The answer to the question is given by phone.

03/06/2016 - Vadim Rakhmanov

Hello! I work in security for a day or two. How were New Year's days paid?

The answer to the question is given by phone.

02/26/2016 - Antonina Gromova

Good afternoon. I work on a salary. I worked from January 1 to January 12, 5 working days came out. I went on vacation at 13. In the pay stub, salary payment is only for 2 working days, to my questions, where is the payment for another 3 days, they say that, according to the law, working days are counted only from January 11th. How to be in this situation, in fact, I worked 5 days, and paid only for 2?

The answer to the question is given by phone.

02/24/2016 - Oleg Kalganov

Hello. Is it legal to pay on weekends and holidays in the following edition: - if the work was carried out according to the schedule - in the amount of a single part of the official salary calculated for 1 hour of work - for each hour of work, if the work was carried out in excess of the monthly norm of working time (in excess of column

02/19/2016 - Konstantin Bulany

I work on an hourly rate. During the New Year holidays, the holiday hours are 52 hours. The organization paid at a double bare rate. I have a question - for the holidays, are incentive bonuses charged for continuous experience, monthly bonus, district coefficient, northern allowance

02/08/2016 - Vera Panina

I work as a driver for a five-day weekend, they asked me to work on a schedule, how they should pay

02/06/2016 - Lyubov Zhukova

Hello. For wages on holidays. days you can ask questions

02/05/2016 - Diana Alexandrova

Holiday work with time off. Single pay for work and plus time off with pay for that day? Or just taking time off

01/29/2016 - Nikolay Sabelnikov

On Saturday and Sunday they want to carry out an audit, but they don’t want to pay, they offer a day off as payment. Is this correct and in general how it should be according to the law?

The answer to the question is given by phone.

01/26/2016 - Marina kovaleva

I work as a nurse in an orphanage, work schedule is 2/2, I worked on January 3,4,7,8 will they pay me these days as holidays

The answer to the question is given by phone.

01/20/2016 - Vladislav Protsenko

The answer to the question is given by phone.

01/20/2016 - Evgenia Efimova

Hello! I work three days, how are holidays paid?

The answer to the question is given by phone.

01/14/2016 - Polina Sergeeva

I work as a dispatcher 2 through 2 how they pay for holidays

The answer to the question is given by phone.

01/05/2016 - Olesya Petrova

in January of the current year, according to the schedule, we have 60 hours of processing without asking us, the administration sends everyone in turn on unpaid holidays for this, a schedule was drawn up, we did not write a statement

The answer to the question is given by phone.

01/03/2016 - Fedor Limonnikov

Hello, I work as a nurse in a hospital, a daily worker, from January 1 to January 8, two shifts, are I obliged to pay double pay for duty on holidays?

12/29/2015 - Lyudmila kovaleva

The answer to the question is given by phone.

12/29/2015 - Ksenia Danilova

when paying for holiday hours in January, double hours are taken from processing equal to the holiday hours worked

The answer to the question is given by phone.

12/28/2015 - Yuri Omelyushkin

Hello! I have been working for a private trader for three days, how are holidays paid?

12/16/2015 - Valentina Belousova

Hello, I work on a rotational basis from 12/22/15 to 01/27/16 they are sent to guard the equipment how my payment will take place in January 2016, I am on salary thanks.

The answer to the question is given by phone.

24.10.2015 - Natalya Kazakova

The answer to the question is given by phone.

10/24/2015 - Yulia Titova

Does irregular working hours apply on public holidays (January New Year holidays) for medical aid drivers in rural areas

The answer to the question is given by phone.

10/15/2015 - Daniil Khlobystov

work on weekends 29 and 30.11.2014, now I want to take paid days, is it possible?

10/13/2015 - Antonina Nikiforova

Hello! Can you please tell me what is required for working on a day off?

The answer to the question is given by phone.

10/10/2015 - Alina Bobrova

I was on a business trip for 4 days I was on a train on the road I got on the weekend I don’t want to pay for them what to do?

The answer to the question is given by phone.

04.10.2015 - Galina Titova

I work as a driver of the 1st class for work on weekends, they don’t pay either class or incentive bonuses, is it legal

09/29/2015 - Anastasia Frolova

I work in a bank. 40 hour work week, irregular working hours, monthly salary. If I work on Saturday, i.e. 4 hours a day off, what am I supposed to do for this?

09/28/2015 - Ksenia Ponomareva

Good afternoon I work as a leading economist, went to work on holidays on orders with a single pay and the provision of days off. Now I want to take these days. will they be paid?

The answer to the question is given by phone.

09/08/2015 - Lilia Petrova

when calculating the salary of watchmen in a state-owned enterprise, where the working week is 5 days, what average monthly balance should be taken for a five-day or six-day period

09/03/2015 - Vera Medvedeva

Tell me, I quit by agreement of the parties. I have unpaid time off for work on weekends and holidays 37 days, I worked according to orders! I wrote an application for payment and they do not say anything. ignore. I have already taken my job. what should i do? are they silent? I'm not allowed to see the boss. and labor in

06/28/2015 - Vladimir Glyzin

I work as a storekeeper on a shift one day after two. One of us is on vacation, so the whole month we work together day and night. How should they pay this month if the enterprise is municipal and no papers were signed to change the schedule. Thank you.

The answer to the question is given by phone.

06/09/2015 - Claudia Pugacheva

I work on a shift schedule due to production issues, the work schedule was changed from May 1-8, I had to work every day I was not notified about the schedule change and went according to the previous schedule, as a result, I was deprived of a monthly bonus for absenteeism is this legal

06/06/2015 - Artur Filipov

With a six-day working week, the day off was moved to a weekday. Is Sunday paid double?

The answer to the question is given by phone.

06/06/2015 - Tamara Nikiforova

Hello. Please tell me, I work as a security guard May salary 12455 night 64 hours holidays 16 processing 45 hours accounting period quarter what is the salary amount for May

06/06/2015 - Anatoly Osminkin

Hello! We are 4 people at work, we work for 12 hours (day night sleep. day off). One person goes on vacation and they put me day day night sleep, day day sleep. Another day, night, night, otsyp, day, night, night, otsyp. The third one remains on the same schedule. We were told that overtime will not be paid, is it legal and for which article of the Labor Code. can we lean??? Who to contact?

The answer to the question is given by phone.

06/05/2015 - Anna Fedorova

Hello ia! I worked during the January holidays. Payment was made in a single amount. Now I want to take days off for these days, but they don’t want to pay me for them. Is it legal?

The answer to the question is given by phone.

06/02/2015 - Valentin Gogunov

I have a shift work schedule: every three days. In January, I was paid holidays for 44 hours at the rate of 8602 rubles. : 120 scheduled hours x 44 hours. And in May, my tariff rate changed and I was paid 28 holiday hours 16800: 164 (according to the plan 143) X 28. Is this legal and where could 164 hours come from if I worked 176 hours in May.

The answer to the question is given by phone.

05/28/2015 - Yaroslav Rog

Hello. Please tell me if I worked on Saturday by order of a day off for one day of payment and one day of rest (I’ll take it on Wednesday of the next week), whether this day will be paid (rest day).

The answer to the question is given by phone.

05/19/2015 - Natalya Sergeeva

please tell me how weekends should be paid if they fell on the way to a business trip and back and being on a business trip, but without being involved in work.

05/11/2015 - Ilya Simanov

I work as a pieceworker on a staggered schedule. Does the employer have to pay me extra for such a schedule?

05/03/2015 - Alina Sokolova

Hello. Please tell me how the remuneration is made on holidays for employees with a shift work schedule

The answer to the question is given by phone.

04/15/2015 - Yana Yakovaleva

Hello! Forced to work on weekends and holidays, so we worked on February 23 and March 9. How they pay for it is not clear. so z.p. half unofficial. How can I refuse to work without harming myself. in an employment contract. which they gave me says that work on holidays

The answer to the question is given by phone.

04/11/2015 - Vladimir Varlygin

I worked the holidays and at the end of the month I went on sick leave and they didn’t pay me, they told me that they pay only for a fully worked month, is it legal

The answer to the question is given by phone.

04/09/2015 - Valentina Kozlova

Compensation has accumulated in navigation. Do I have the right to take them off when I need it. Otherwise, the administration is trying to force them out even when I don’t need it.

The answer to the question is given by phone.

04/07/2015 - Artur Grinchishin

I work as a driver pay under an effective contract for work after hours I am not paid correctly

The answer to the question is given by phone.

04/05/2015 - Olga Sokolova

Hello. I am resigning from the enterprise, an audit was scheduled for March 27 and the transfer of the store to another person who took my position, will they pay me this day of transfer and how to evaluate the days until the day of dismissal, which is scheduled for April 7, these days I am suspended from work, because another person came out

The answer to the question is given by phone.

04/03/2015 - Vladimir Babykin

My employees went to Moscow to improve their skills. How should I pay if their tickets are caught on the weekend, the fare is paid and the weekend is considered as a working day?

03/29/2015 - Artem Ksandrov

Is it possible for watchmen at a state-owned enterprise to establish a rotational mode of work. work related to the protection of the so-called. cordons, i.e. with a separation from permanent residence

The answer to the question is given by phone.

03/20/2015 - Anton Kalikin

they deprive them of bonuses without acts and orders, they hang up a list of those deprived, they can one worker several times in one month. Is this legal?

The answer to the question is given by phone.

03/14/2015 - Vera Dmitrieva

hello, I want to ask: I was on a business trip for advanced training (I'm a nurse) I studied on Saturdays (and I work 5 days a day) should I pay for Saturdays? Thank you!

The answer to the question is given by phone.

12/26/2014 - andrey

Good afternoon!!! please tell me I work 3 days after 3 to 12 hours, how should I be paid for overtime and how do I get paid when I go out on my weekends on New Year's holidays?

07/15/2014 - Anastasia

Please tell me, I work in LLC work schedule 2/2 for 12 hours. My co-worker is on sick leave. That is, I will have processing. The management says that they will not be paid. And I will only be paid my legal 15 shifts. It is legal???

The answer to the question is given by phone.

02/24/2014 - smirnova

When processing on a holiday, only processing is paid. Payment for a holiday is not made?

02/08/2014 - bone

In the presence of processing and holidays, we are paid only processing. For example, the norm is 136 hours. holiday 48 hours, only 240 hours worked. And only 104 hours were paid in double size. Is this correct?

12/25/2013 - Eugene

We work 3 shifts of 12 hours 3 days off as holidays should be paid

The answer to the question is given by phone.

12/13/2013 - Osipov Ivan

According to the employment contract, I work a shift of 11 hours without days off, I work for a month for a month, I have a rest, not on a rotational basis, should weekends be paid at a double rate with such a schedule?

The answer to the question is given by phone.

05/08/2013 - Catherine

I work in the housing and communal services as a m / c cleaner. According to the schedule, we have days off - Wednesday, Sunday. But since in recent years the volume of garbage has increased / diapers, plastic, etc. / we are forced to work seven days a week. Recently, holidays, if according to the schedule, they are working for us - by order, so that we don’t pay - they are days off. Or they are paid for 3 hours, although we perform the amount of work in full. Is this legal or not ??

The answer to the question is given by phone.

04/18/2013 - Olga

Please tell me, if the work schedule is 2/2 to 12 hours, should weekends and holidays be paid more than the rest? and in what size?

04/09/2013 - Marusya

In January, she worked 48 holiday hours, the monthly norm was 136 hours, in fact she worked 180. How should holiday hours be paid?

The answer to the question is given by phone.

04/04/2013 - oleg

How is a holiday different from a weekend? And the pay is the same. On holidays, work must be paid in double the amount, that is, the provision of time off plus payment for work on that day or the provision of two days off. And for work on a day off - just providing a day off.

03/13/2013 - Ekaterina

I work 2 working days, 11 hours a day - 2 days off. I am sent on a business trip from February 25 to March 1. In this period, only 2 of my scheduling work shifts (which, as I understand it, they will pay me in an average + daily allowance), the rest falls on my days off. How should I pay for this weekend (per diem only??)?
If possible, and relevant references to regulations. Since, in accordance with Decree of the Government of the Russian Federation of October 13, 2008 N 749 "On the peculiarities of sending employees on business trips", clause 9 goes like this: "Average earnings for the period the employee was on a business trip, as well as for days on the road, including including for the time of a forced stop on the way, is kept for all days of work according to the schedule established by the sending organization.

The answer to the question is given by phone.

01/15/2013 - Katya

I work in a hypermarket and they made subbotniks for us. how should they be paid?

01/15/2013 - Skorokhodova

I work on a 3/2 schedule. How should I be paid for work on the January and May holidays if the shifts for these days coincide?

01/01/2013 - Julia

Does this article apply to stores. It seems like it should or not for all stores? I really need an answer

The answer to the question is given by phone.

01/01/2013 - natalia

We work on a sliding schedule (12-day, 12-night, dump, 12-day, 12-night, three days off). May 1. CJSC company. They explain that this is legal! How is it that people directly produce products - there are no holidays for them, and engineers sit at home for 10 days - they keep their salary! Are we not citizens of Russia?

12/13/2012 - sergey

I donate blood, they pay me 70% in the military unit, is it legal!

The answer to the question is given by phone.

12/11/2012 - Maxim

Hello, tell me please, I work as a shift metahouse for a month, I work for a month, I have a rest, should we pay for holidays?

The answer to the question is given by phone.

11/01/2012 - Ekaterina

I have a full-time work week, weekends go off. How much do they owe me for time off?

The answer to the question is given by phone.

05/13/2012 - Rustam

Hello. I work on piecework. was sent on a business trip. five days of the business trip fell on weekends and holidays. There is a rate / tariff hour = 66 rubles. average earnings per day comp. about 1200 rubles, the question is how should I pay for these days, if I wrote an application for payment without providing time off. I work at the TRZ plant.

The answer to the question is given by phone.

04/28/2012 - yuri

I work as a SUPPORT RIGGER of the 5th category. Do they have the right to make ALL WEEKENDS AND HOLIDAYS work AND PLUS WE STAY EVENING FOR 2-3 hours.

04/13/2012 - Tagir

When paying for processing at a double rate, should they pay 30% of the Far East?

The answer to the question is given by phone.

04/12/2012 - Natalia

With a schedule of 2/2 to 11 hours, I worked on February 23. How should this day be paid and is time off with such a schedule?

The answer to the question is given by phone.

02/27/2012 - Valentina

Hello! I work in three days. My salary is 6100. In January, I worked on January 1 and 5. How should I calculate wages for holidays?

The answer to the question is given by phone.

02/25/2012 - FEDOR

02/02/2012 - Konstantin

Hello! Please tell me, here I work in 12-hour shifts (day-night-fill-day off) how holidays should be paid. Federal budget.
Thank you.

The answer to the question is given by phone.

01/18/2012 - Pavel

Hello! Can you please tell me which of the payment methods for going to work on a holiday is correct?
1. Double payment.
2. Payment for one day and a day of rest.
3. Two days of rest.
And how does it show up on the spreadsheet? Thank you!

The answer to the question is given by phone.

01/08/2012 - Hope

Good afternoon

Tell me, please, with a schedule in three days, how should the employer pay for work on holidays in January?

The answer to the question is given by phone.

12/16/2011 - Marina

I work at an LLC enterprise, we have 10 days of holidays, our director makes an audit on January 4, 5 and 6, we go to work. For these three days we are not given time off and are not paid. Is it legal? And how can our team do the right thing? We have a salary, we work in a children's clothing warehouse.

The answer to the question is given by phone.

11/10/2011 - sergey

Please tell me, I work according to a 3/3 schedule, how processing and time off for work on holidays that fall on my shifts according to the schedule are calculated. For example, "New Year's" holidays and "May" holidays.

The answer to the question is given by phone.

09/19/2011 - Julia

Please tell me, if the work schedule is 2/2 for ten hours, should weekends and holidays be paid more than the rest? and in what size?

The answer to the question is given by phone.

08/01/2011 - Hope

Good afternoon, help us, please, make a competent application for us to be paid overtime. We work as dispatchers for a day or three, this is our usual schedule, but since two of my employees are on vacation, and the other, for family reasons, takes care of two sick bedridden patients at home, we (three employees) work for a day or two. Naturally, there is processing, but no one wants to pay us, since no one needs it and it is not profitable to show this processing, although we work in a budgetary organization (administration). Please help us to correctly formulate your request. Thank you! Hope.

The answer to the question is given by phone.

07/23/2011 - Olga

New Year holidays according to the law on December 1,2,3,4,5. How many days to count for a double tariff, with a work schedule of 2 through 2?

The answer to the question is given by phone.

06/23/2011 - Elena

In the presence of processing and holidays, we are paid only processing. For example, the norm is 144 hours. holiday 11 hours, only 170 hours worked. And only 20 hours were paid in double size. Is this correct?

06/17/2011 - Maxim

Thus, the Labor Code legitimizes slave labor on weekends for salaried workers. After all, they receive a single payment for the day off, and pieceworkers will receive double payment.

The answer to the question is given by phone.

06/15/2011 - Yuri

Can you please tell me if the holidays should be paid double with a shift work schedule, for example 3/3? Thank you.

05/26/2011 - Tatyana

Due to production needs, I was called to work for 3 days (1 full day and 2 days before lunch) during a study session, what compensation am I entitled to? Thank you.

05/25/2011 - Natalia

I work at LLC 2/2. How are holidays paid if my shifts fall on them???

The answer to the question is given by phone.

03/23/2011 - Alexey

The law cannot give two essentially different solutions to the problem of paying for weekend work. double payment must be kept! 1. just double payment; 2 single payment and rest day completely without payment! as a result, a simple single payment with the transfer of the day off! Should the day of rest be marked as a working day? Only in this case double payment is saved!

The answer to the question is given by phone.

03/16/2011 - Tatyana

If on weekends the employee was involved not full time, but 3-4 hours, how will he be compensated for this time of work

The answer to the question is given by phone.

Payment on weekends and holidays

03/04/2011 - Anya

We work on a salary, and in January we received a penny - they say that they rested for 10 days, they are not counted. Is it legal???

02/24/2011 - Larisa

Tell me please, I work at an LLC and they tell us if we want to get double payment on a holiday, we need to work extra time, is that right?

The answer to the question is given by phone.

02/06/2011 - natasha

In January, 15 working days, I worked 21 days, I was paid for 15, and the remaining 6 days will be paid in February! Is it legal!!!

The answer to the question is given by phone.

01/17/2011 - natalia

If I work 2 * 2, then what is the payment for the January holidays I work in LLC

The answer to the question is given by phone.

01/11/2011 - Alexandra

Does everything described in the article apply to a 2x2 schedule and if a person works in an LLC

The answer to the question is given by phone.

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 hours, 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 hours.

Specific amounts of remuneration for work on a weekend 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 of 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. Compensation established by law for work on weekends and non-working holidays may be in the form of additional payment or provision of additional rest time.

2. Legislatively establishes only the lowest limit of wages for work on weekends and non-working holidays - separately for pieceworkers and separately for time workers, taking into account the varieties of the time wage system (hourly, daily or monthly).

3. Specific amounts of remuneration for work on weekends and non-working holidays are established collectively and individually by agreement, by a local regulatory act, adopted taking into account the opinion of the representative body of workers (see).

Second commentary on Article 153 of the Labor Code

1. This article has not undergone significant changes. The amount of payment for work on weekends and non-working holidays may be provided for in agreements, collective and labor contracts, but in all cases it cannot be lower than that provided for in Art. 153.

2. Workers-pieceworkers, products produced for all actual working hours falling on a weekend or non-working holiday are paid at least at double piece rates. At least double the amount of this product (performed operations) is also paid in the case when increased piece rates are applied for its payment (for example, with a piece-progressive system).

3. The rules for remuneration for work on weekends and non-working holidays under the time-based remuneration system differ depending on what type of tariff rate is used for remuneration. If payment is made on the basis of an hourly or daily tariff rate, then when calculating earnings, they are taken into account at least twice the amount of time actually worked on holidays.

For employees receiving a monthly salary, hourly or daily rates must be determined for work on weekends and non-working holidays. In addition, in this case it is also important to establish whether the work was carried out within the monthly norm of working time or in excess of this norm. The amount of payment for this work depends on this circumstance. If the work was included in the norm of the working time of the given month, then in addition to the salary, payment for such work is made at least in the amount of a single hourly or daily rate. Otherwise, the issue is resolved when work on weekends and non-working holidays was carried out in excess of the monthly norm of working time. In this case, in addition to the salary, the employee must be paid at least twice the daily rate, or the hours actually worked on the holiday must be paid at the double hourly rate.

4. Article 153 provides for the possibility of replacing the increased payment on a day off and non-working holiday with another day of rest. How is the issue of payment resolved in this case? Payment for work on a non-working holiday is made in a single amount, and the day of rest is not subject to payment.