Work on weekends and holidays: how to apply and pay. Weekly continuous rest, days off A general day off is considered

Day off

Day off DAY OFF, -aya, -oh.

Ozhegov's Explanatory Dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949-1992 .

See what “Day off” is in other dictionaries:

Day off- established by law, internal rules labor regulations and shift schedules, employee rest days. By general rule work in V.D. is not allowed. In exceptional cases provided for by law, it is possible... ... Russian encyclopedia of labor protection

DAY OFF, oh, oh. 1. see exit and exit. 2. Worn not for work, festive, elegant. V. suit. Weekend dress. 3. Issued upon dismissal or leaving work. Severance pay. 4. day off, wow, husband. About a worker or employee using... ... Ozhegov's Explanatory Dictionary

day off- An employee’s day of rest, the right to which he receives under an employment agreement, or by decision of the government. With a five-day working week, employees are given two days off per week, and with a six-day working week, one... ... Technical Translator's Guide

DAY OFF, day off, day off. 1. adj. to output in 1 and 2 values; employee for exit. Exit door. Output position (sports). 2. Intended for wearing on ceremonial occasions (about clothes in which they appear at a party, in society). Day off… … Ushakov's Explanatory Dictionary

At the Chelyabinsk Main station. August 3, 2008. Railway Worker's Day is a professional holiday on which the professional merits of railway transport workers and the achievements of the industry are celebrated. In Ross... Wikipedia

DAY, day, husband. 1. Part of the day, the period of time from morning to evening. Sunny day. Day off. “The day rises crimson and magnificent.” I. Aksakov. “The day is already turning pale, hiding behind the mountain.” Zhukovsky. 2. Day, a period of time of 24 hours. On January 31... ... Ushakov's Explanatory Dictionary

Boxes with gifts under the Christmas tree aka Boxing Day... Wikipedia

- “Notary Day” Type of professional holiday otherwise “Notary Day” Established by the President of Ukraine Viktor Yushchenko Celebrated ... Wikipedia

DAY, CLOSED- a day of rest for an employee, the right to which he receives under an employment agreement, or by decision of the government. With a five-day work week, employees are given two days off per week, and with a six-day work week, one... ... Great Accounting Dictionary

City Day is an annual holiday in almost all relatively large cities (Russia and the former USSR), as well as many cities in the world, usually dedicated to weekends (Sundays). City Day along with the main Country Day... ... Wikipedia

Books

Where to spend a day off, Dobkovich and others. This book is not a reference guide to Leningrad and its environs, therefore it does not contain descriptions of the many historical places of the city, its museums, architectural monuments and...
Where to spend a day off, V.V. Dobkovich, I.P. Khamarmer, B.B. Ippo. Leningrad, 1955. LENIZDAT Leningrad newspaper, magazine and book publishing house. With illustrations and 4 geographical maps. Publisher's binding. The condition is good. This book is not...

During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which working hours does not turn on.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and meals, are established by the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 109. Special breaks for heating and rest

On certain types work provides for the provision of special breaks to employees during working hours, determined by the technology and organization of production and labor. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Employees working in the cold season in the open air or in closed unheated rooms, as well as loaders engaged in loading and unloading operations, and other workers, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide premises for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Weekends

All employees are provided with days off (weekly uninterrupted rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day working week is established collective agreement or internal labor regulations. Both days off are usually provided in a row.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 112. Non-working holidays

Non-working holidays V Russian Federation are:

(Part one as amended by Federal Law dated December 29, 2004 N 201-FZ)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

(as amended by Federal Law No. 35-FZ dated April 23, 2012)

Employees, with the exception of employees receiving a salary ( official salary), for non-working holidays on which they were not involved in work, additional remuneration is paid. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local normative act adopted taking into account the opinion of the elected body of the primary trade union organization, employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary).

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated April 23, 2012 N 35-FZ)

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

Employees are invited to work on weekends and non-working holidays based on their written consent in the event of the need to perform unforeseen work, the urgent implementation of which subsequently determines the normal operation of the organization as a whole or its individual structural divisions, individual entrepreneur.

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

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

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

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

Attracting creative workers to work on weekends and non-working holidays mass media, cinematography organizations, television and video filming crews, theaters, theatrical 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 workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract.

(as amended by Federal Law No. 13-FZ dated February 28, 2008)

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

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

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

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

All employees are provided with days off (weekly uninterrupted rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

Comments to Art. 111 Labor Code of the Russian Federation

1. The employer is obliged to provide all employees with compulsory weekly rest, the duration of which cannot be less than 42 hours (Article 110 of the Labor Code).

The general day off for both 5- and 6-day working weeks is Sunday. Due to the fact that both days off in a 5-day work week are usually provided in a row, the second day off in practice, in accordance with the collective agreement or internal labor regulations, is Saturday or Monday.

When recording working hours in summary (Article 104 of the Labor Code), days off are provided to employees in such a way as to ensure the standard duration of weekly continuous rest (Article 110 of the Labor Code) on average for the accounting period.

2. With a 5-day working week, employees are provided with 2 days off each calendar week, except for those weeks when on one of the days off the schedule is compensated for shortfalls up to the standard working hours. This occurs when the sum of hours for 5 work shifts is less than the weekly norm. The shortfall is compensated on one of two days off, which is declared a working day according to the schedule. Typically, the shortfall is repaid as it accumulates during the accounting period.

For all workers, both regular and reduced working hours, schedules must be maintained. annual balance working and non-working time.

The specific duration of weekly rest is determined by the type of working week and work schedule. With a 6-day working week, the duration of weekly rest corresponds to the established minimum.

With a 5-day work week, weekly rest exceeds 42 hours, since workers take 2 days off. If, due to production conditions, it is impossible to provide 2 days off in a row, then the second day of weekly rest is established in accordance with shift schedules or internal labor regulations.

3. If a day off coincides with a non-working holiday, the day off is automatically transferred to the next working day after the holiday (Article 112 of the Labor Code).

In connection with numerous questions related to the duration of work on a day off, transferred to a working day due to a holiday, the Russian Ministry of Labor clarified: in cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (Resolution of the Ministry of Labor of Russia of February 25, 1994 No. 19 “On approval of the explanation “On the duration of work on a day off, postponed due to a holiday to a working day”).

4. Article 262 of the Labor Code provides for the right of one of the parents of disabled children to be provided, upon his written application, with 4 additional paid days off per month, which can be used by one of the named persons or divided among themselves at their discretion.

According to the clarification of the Ministry of Labor of Russia and the Federal Social Insurance Fund of the Russian Federation dated April 4, 2000 N 3/02-18/05-2256 “On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for disabled children” 4 additional paid days off for caring for disabled children and people with disabilities from childhood until they reach the age of 18 are provided per calendar month to one of the working parents (guardian, trustee) upon his application and are issued by order (instruction) of the administration of the organization on the basis of a certificate from the authorities social protection population about the child's disability, indicating that the child is not being kept in a specialized children's institution (belonging to any department) with full state support. The working parent also submits a certificate from the other parent’s place of work stating that at the time of application, additional paid days off in the same calendar month were not used or were partially used.

In cases where one of the working parents has partially used the specified additional paid days off in a calendar month, the other working parent in the same calendar month is provided with the remaining additional paid days off for care.

Summarization of additional paid days off provided for caring for disabled children or people with disabilities since childhood, for 2 months. or no longer permitted.

Additional paid days off not used in a calendar month by a working parent (guardian, custodian) due to illness are provided to him in the same calendar month, subject to the end of temporary disability in the specified calendar month.

5. For the provision of additional days off to persons combining work with study, see Art. Art. 173, 174 Labor Code and comments to them.

6. Women working in rural areas, are provided at their request with 1 additional day off per month without pay (Article 262 of the Labor Code).

7. Employees on a business trip use weekly rest days at the place of the business trip, and not upon returning from it, because they are subject to the work and rest time regime of the organization that sent them. The exception is when, by order of the employer, the employee goes on a business trip on a day off; then, upon returning from it, he is given another day of rest.

In practice, this procedure is also applied in cases of going on a business trip by order of the employer on a public holiday.

8. In organizations where work cannot be interrupted due to the need to serve the population (shops, enterprises consumer services, theaters, museums, etc.), days off are set local authorities self-government. When recording working hours in a summarized manner, weekly rest time is also summed up and provided on average for the accounting period.

9. An additional monthly day off may be granted without pay upon written application to one of the parents (guardian, trustee, foster parent) working in the Far North and equivalent areas with children under the age of 16.

All employees are provided with days off (weekly uninterrupted rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

COMMENT 1.

According to this article, all employees are provided with days off (weekly continuous rest).

With a five-day work week, employees are given two days off per week. In this case, the general day off is Sunday. The second day off is established by a collective agreement (Article 41 of the Labor Code of the Russian Federation) or the internal labor regulations of the organization (Article 189 of the Labor Code of the Russian Federation). Both days off are usually provided in a row. With a six-day work week - one day off. 2.

In organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of workers in accordance with the internal labor regulations of the organization, which establish days off for these workers on different days of the week. 3.

Some employees are given additional days off. For example, one of the parents (guardian, trustee) to care for disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided among themselves at their discretion (Article 262 of the Labor Code RF).

One of the parents (guardian, trustee, foster parent) working in the Far North and equivalent areas, having a child under the age of 16 years, upon his written application, is granted an additional day off every month without pay (Article 319 of the Labor Code of the Russian Federation ).

Women working in rural areas may be granted, upon their written application, one additional day off per month without pay (Article 262 of the Labor Code of the Russian Federation).

Donor employees are provided with an additional day of rest after each day of donating blood and its components, as well as in the case of donating blood and its components during the period of annual paid leave (Article 186 of the Labor Code of the Russian Federation).

Article 112. Non-working holidays

Non-working holidays in the Russian Federation are:

January - Christmas; 23

February - Defender of the Fatherland Day; 8

March - International Women's Day; 1

May - Spring and Labor Festival; 9

May - Victory Day;

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary).

For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation has the right to transfer weekends to other days. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

COMMENT 1.

The article includes significant changes regarding the employer’s obligation to pay for non-working holidays on which the employee was not involved in work.

According to the previously valid version of the article, wages employees due to non-working holidays is not reduced. This wording made it difficult to apply this rule in practice and allowed for ambiguous interpretation, in particular, in relation to the categories of employees to whom remuneration should be paid, and therefore in some organizations the implementation of these payments was suspended.

Due to numerous requests from employers and employees, the emergence of labor disputes regarding the application of Art. 112 of the Labor Code of the Russian Federation, approaches have been developed to resolve emerging issues regarding the payment of non-working holidays for various categories of workers (piece workers, time workers, whose payment is made at hourly tariff rates, workers working in the mode of summarized working hours, etc.). 2.

With the entry into force of the law, the procedure for paying remuneration for non-working holidays on which employees were not involved in work is being specified. IN new edition The article specifies that remuneration is paid to employees, with the exception of those receiving a salary (official salary).

The amount and procedure for payment of remuneration will be determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. At the same time, it is indicated that the amount of expenses for the payment of remuneration for non-working holidays relates to labor costs in full. 3.

The commented article has also been supplemented with new rules on the procedure for the Government of the Russian Federation to make a decision on postponing weekends in the next calendar year and during the calendar year. Regulatory legal acts of the Government of the Russian Federation on this issue must be officially published in the first case no later than a month before the onset of the corresponding calendar year, in the second - no later than two months before the calendar date of the established day off.

This will streamline the work of drawing up work schedules and eliminate situations when it is urgently necessary to make changes to them. In accordance with Art. 103 of the Labor Code of the Russian Federation, shift schedules are brought to the attention of employees no later than one month before they come into force.

In addition, there will be no grounds for disputes between employees and employers regarding mutual settlements in cases where, when postponing weekends during the calendar year, it turned out that the weekends fell during the employee’s vacation, or vice versa, when, due to postponements, the weekends fell on vacation period were transferred to a period of time after the end of the vacation.

Work on weekends according to the Labor Code as a general rule it is prohibited, but there are exceptions - they are specified in this article. Attention is also paid to the concept of a day off and the list of holidays, and also the case of a citizen’s demand to cancel a non-working holiday is considered.

The concept of a day off according to the Labor Code of the Russian Federation

High-quality work performance is not least due to the good rest of the worker. An employee has the right to several types of rest time:

vacation (including vacation without pay);
holidays and weekends;
daily breaks and rest between shifts.

Weekends, as stated in Art. 111 TK, is a continuous rest provided weekly.

The minimum period of a day off according to Art. 110 TK - 42 hours. At the same time, a different duration is established for workers in certain industries. For example, according to the Regulations on the peculiarities of working hours and rest time for communication workers, approved. By order of the Ministry of Communications of the Russian Federation dated 09/08/2003 No. 112, for shift workers the minimum rest period is 24 hours, but the average weekly rest time for the reporting period should not be less than 42 hours.

This provision applies not only to telecom workers. Thus, Rostrud, in a letter “On the possibility of reducing the duration...” dated January 20, 2014 No. PG/13281-6-1, explained that the use of summing up rest time and deriving the average time for the reporting period, by analogy with the provisions of Order No. 112, is also allowed for other categories workers, provided that establishing a different rest time is impossible due to production conditions. In this case, such summation should be fixed in local act employer organization.

Which days are considered days off: Saturday, Sunday or another day?

Holiday status	Cases of provision	Time off in days	Day off	Do we pay for days off?	Base
Mandatory days off	6 day work week	1 per week	Sunday
			Another day when granting a day off on Sunday would entail a violation of technical, production or organizational conditions. Weekends in this case are determined by the internal labor regulations (ILR)
	5 day work week	2 per week	Sunday and other day determined by the PVTR or collective agreement
			Any two days in the event that granting a day off on Sunday would entail a violation of technical, production or organizational conditions. Weekends in this case are determined by PVTR
Additional days off	Female worker working in rural areas	1 per month	Day upon request
	Parent or parent of a child under 16 years of age working for Far North or equivalent areas	1 per month	Day upon request
	An employee is raising a disabled child	4 per month	Day upon request
	The employee(s) is a donor of blood or its components	1 or + 2 (if the day of the medical examination and the day of delivery do not coincide)	Blood donation day, medical examination day
			Another day at the employee’s choice, if the worker went to work on the day of blood donation

PLEASE NOTE! In accordance with paragraph 17 of the resolution of the plenum of the Supreme Court “On the application of legislation regulating the work of women ...” dated January 28, 2014 No. 1, 4 additional days off when caring for a disabled child can be divided between parents at their discretion. That is, for example, the mother can use 1 day off, and the father the remaining 3.

At the same time, in the Rules for the provision of additional paid days off for caring for disabled children, approved. Government Resolution No. 1048 dated October 13, 2014, notes that unused additional days off in the next month can no longer be used.

Article 112: non-working holidays in the Russian Federation are...

The Labor Code established 14 holidays that are non-working days:

		Holiday
		New Year holidays
		Christmas
		Defender of the Fatherland Day
		International Women's Day
		Spring and Labor Festival
		Victory Day
		Russia Day
		National Unity Day

As stated in Part 7 of Art. 4 “On Freedom of Conscience and Religious Associations” of Law No. 125-FZ of September 26, 1997, additional non-working holidays can be declared in the constituent entities of Russia.

Don't know your rights?

The procedure for establishing an additional non-working day boils down to the fact that a religious organization turns to government authorities with a request to declare a day falling on a religious holiday as a non-working day. The government agency reviews the application and makes a decision either on the introduction in the region extra day, or refusal to satisfy the application.

For example, in the Republic of Tyva, the Law “On Holidays...” dated February 12, 1999 No. 143 established non-working days during the Shagaa and Nadym holidays. The Law of the Republic of Buryatia “On holidays...” dated December 23, 2008 No. 675-IV established a non-working day during the Sagaalgan holiday.

Case: in 2011 Supreme Court The Republic of Bashkortostan was addressed by a citizen who considered that the effect of Art. 1 of the Law of Bashkiria “On holidays and memorable days, professional holidays and other significant dates in the Republic of Bashkortostan” dated February 27, 1992 No. VS-10/RB infringes on his rights.

The article established additional non-working days on the days of Kurban and Eid al-Adha. The citizen referred to the fact that the article violates the rights of those professing other religions and atheists, and therefore the establishment of a non-working day due to the celebration religious holiday causes him moral harm and violates the right to work on a holiday.

By the decision of the Republican Supreme Court in case No. 3-43/2011 dated June 27, 2011, the citizen’s application was denied. At the same time, the court noted that the publication of the rule on additional non-working days improves the worker’s situation, which is not a violation of the right to work. The rights of persons professing a different religion are not violated by law.

What to do if a weekend and a holiday coincide?

How to install TC, work on weekends and holidays, with some exceptions, is not allowed. In this regard, the question arises: what should an employer do if a non-working holiday coincides with a day off? The answer is contained in Art. 112 Labor Code: in such a situation, the day off is shifted to another date. There are 2 transfer options:

Applies to January holidays, i.e. Christmas and New Year holidays.
The transfer of coinciding weekends is carried out by the Government of the Russian Federation. At the same time, it notifies the population about the days of transfer by issuing a resolution, which is published no later than November 1 of the previous year. For example, a decree “On the postponement of weekends in 2017” dated 08/04/2016 No. 756 has already been issued.
Applies to other holidays.
In accordance with Part 2 of the Procedure for calculating working time norms, approved. By order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n, the day off is transferred to the next working day after the holiday.

The possibility of transfer is not made dependent on the work schedule, whether fixed or sliding schedule, but it depends on what plan of work is performed by the workers. The Order notes that in production that operates continuously, or in service to the population that is performed daily, i.e., under special organizational, technical or production conditions, the day off is not transferred.

Article 113 of the Labor Code - work on weekends and non-working holidays is usually prohibited

Work on rest days is prohibited. The exception is when the work is carried out due to certain circumstances:

Work allowed	Is employee consent required?	Is the opinion of the trade union taken into account?
Urgent work
Prevention or elimination of the consequences of a disaster, catastrophe, accident
Accident Prevention
Prevention of destruction and damage to property of an employer, municipal or government agency
Work due to an emergency or emergency situation Holidays when work is not carried out are determined by the Labor Code. In some regions of the country this list has been expanded. If there is a match holiday and the last day off is postponed by the Government or the employer.