Non-working holidays V Russian Federation are:
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.
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 collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, 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.
Availability in calendar month non-working holidays are not grounds for reduction wages employees receiving a salary (official salary).
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. At the same time, 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 corresponding date. 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.
Commentary on Article 112 of the Labor Code of the Russian Federation
1. At the request of religious organizations, the relevant authorities state power The Russian Federation has the right to declare Religious holidays non-working (holiday) days in the relevant territories (clause 7 of article 4 of the Federal Law of September 26, 1997 N 125-FZ “On freedom of conscience and religious associations”).
2. On non-working holidays, employees are released from work. On these days, only work in continuously operating organizations is allowed, to perform urgent repairs and loading and unloading work, as well as work related to the need to serve the population. Moreover, they are involved in performing such work without the consent of the elected body of the primary trade union organization.
For other cases of being hired to work on non-working holidays, see Art. 113 TC and commentary to it.
3. In continuously operating organizations, as well as in the case of cumulative accounting of working time, work on non-working holidays is included in the monthly standard of working time.
4. Some constituent entities of the Russian Federation have established additional holidays. Thus, in the Republic of Bashkortostan, the holiday is October 11 - Republic Day, December 24 - Constitution Day of the Republic of Bashkortostan.
5. Work on a non-working holiday is paid at least double the amount. At the request of an employee who worked on a non-working holiday, he may be given another day of rest.
6. If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.
7. According to Art. 268 of the Labor Code prohibits hiring workers under 18 years of age to work on weekends and non-working holidays; an exception is established only for creative workers (for example, theater workers, etc.).
8. In accordance with Art. 290 of the Labor Code, employees who have entered into an employment contract for a period of up to 2 months can, within this period, be involved with their consent to work on weekends and non-working holidays. They are compensated for this work not by time off, but in cash at least double the amount.
9. The employer is obliged to pay employees, with the exception of those receiving a salary (official salary), for non-working holidays on which they were not involved in work, additional remuneration. 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. The costs of paying such remuneration are included in the full amount of labor costs.
10. The employer does not have the right to reduce the wages of employees receiving a salary (official salary) due to the presence of non-working holidays in a calendar month.
11. Non-working holidays, professional holidays and memorable dates are listed below.
| date | Name | Base |
| January 1, 2, 3, 4 and 5 (non-working days) | New Year holidays | Art. 112 TK |
| January 7 (non-working day) | Nativity | Art. 112 TK |
| January 12 | Day of the Prosecutor's Office of the Russian Federation | Decree of the President of the Russian Federation of December 29, 1995 N 1329 "On establishing the Day of the Prosecutor's Office of the Russian Federation" |
| 13th of January | Russian Press Day | Resolution of the Presidium of the Supreme Council of the RSFSR of December 28, 1991 N 3043-1 “On Russian Press Day” |
| January 21 | Memorable Day Engineering Troops Day | |
| The 25th of January | Memorable date of Russia Day of Russian Students | Decree of the President of the Russian Federation of January 25, 2005 No. 76 “On the Day of Russian Students” Federal Law of March 13, 1995 No. 32-FZ “On the days of military glory and memorable dates of Russia” |
| January 27 | Day of Military Glory of Russia Day of lifting the blockade of the city of Leningrad (1944) | |
| February 2 | Day of military glory of Russia Day of defeat by Soviet troops German-fascist troops in Battle of Stalingrad(1943) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| February 8 | Russian Science Day | Decree of the President of the Russian Federation of June 7, 1999 N 717 “On establishing the Day of Russian Science” |
| February 10 | Diplomat's Day | Decree of the President of the Russian Federation of October 31, 2002 N 1279 “On Diplomatic Worker’s Day” |
| February 23 (non-working day) | Day of Military Glory of Russia Day of Defender of the Fatherland | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" Resolution of the Presidium of the RF Armed Forces of February 8, 1993 N 4423-1 "On the establishment of a significant day of the Russian Federation - the Day of Defenders of the Fatherland" Art. 112 TK |
| March 8 (non-working day) | International Women's Day | Art. 112 TK |
| Second Sunday in March | Day of Geodesy and Cartography Workers | Decree of the President of the Russian Federation of November 11, 2000 N 1867 "On the Day of Geodesy and Cartography Workers" |
| 11th of March | Drug Control Worker's Day | Decree of the President of the Russian Federation dated February 16, 2008 N 205 “On the Day of Drug Control Authorities” |
| Third Sunday in March | Day of Trade, Consumer Services and housing and communal services farms | |
| March 23 | Day of workers of hydro-meteorological service | Decree of the President of the Russian Federation of May 19, 2008 N 812 “On the Day of Hydrometeorological Service Workers” |
| March 25 | Cultural Worker's Day | Decree of the President of the Russian Federation of August 27, 2007 N 1111 “On the Day of Cultural Workers” |
| March 27 | Internal Troops Day of the Ministry of Internal Affairs of the Russian Federation | Decree of the President of the Russian Federation of March 19, 1996 N 394 “On establishing the Day of Internal Troops of the Ministry of Internal Affairs of the Russian Federation” |
| March 29 | Day of Legal Service Specialist in the Armed Forces of the Russian Federation | Decree of the President of the Russian Federation of May 31, 2006 N 549 “On the establishment professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| April 2 | Day of Unity of Nations | Decree of the President of the Russian Federation of April 2, 1996 N 489 “On the Day of Unity of Nations” |
| April 8 | Day of Military Commissariat Employees | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| First Sunday in April | Geologist's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| 12th of April | Memorable date of Russia Cosmonautics Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X "On holidays and memorable days" Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| Second Sunday in April | Memorial Day Day of Air Defense Forces | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| April 15 | Electronic Warfare Specialist Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| April 18th | Day of Military Glory of Russia Day of the victory of Russian soldiers of Prince Alexander Nevsky over the German knights on Lake Peipsi (Battle of the Ice, 1242) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| 26 April | Day of Remembrance for those killed in radiation accidents and disasters | Resolution of the Presidium of the Supreme Council of the Russian Federation of April 22, 1993 N 4827-1 "On the establishment of the Day of Remembrance of those killed in radiation accidents and disasters" |
| April 30 | Fire Day | Decree of the President of the Russian Federation of April 30, 1999 N 539 “On the establishment of Fire Protection Day” |
| May 1 (non-working day) | Labour Day | Art. 112 TK |
| May 7 | Radio Day, a holiday for workers in all communications sectors | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| May 9 (non-working day) | Russian Military Glory Day Victory Day Soviet people in the Great Patriotic War of 1941 - 1945 (1945) | |
| Last Sunday in May | Chemist's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| May 24 | Day Slavic writing and culture | Resolution of the Presidium of the Supreme Council of the RSFSR of January 30, 1991 N 568-I “On the Day of Slavic Literature and Culture” |
| 26 of May | Russian Entrepreneurship Day | Decree of the President of the Russian Federation of October 18, 2007 N 1381 “On Russian Entrepreneurship Day” |
| May 27 | All-Russian Library Day | Decree of the President of the Russian Federation of May 27, 1995 N 539 “On the establishment of an all-Russian Library Day” |
| May 28 | Border Guard Day | Decree of the President of the Russian Federation of May 23, 1994 N 1011 “On the establishment of Border Guard Day” |
| June 5 | Ecologist Day | Decree of the President of the Russian Federation of July 21, 2007 N 933 “On Ecologist Day” |
| June 6 | Pushkin Day of Russia | Decree of the President of the Russian Federation of May 21, 1997 N 506 "On the 200th anniversary of the birth of A.S. Pushkin and the establishment of Pushkin Day in Russia" |
| June 8 | Social Worker Day | Decree of the President of the Russian Federation of October 27, 2000 N 1796 “On Social Worker Day” |
| June 12 (non-working day) | The day of adoption of the Declaration of State Sovereignty of the Russian Federation is a national holiday of the Russian Federation | Decree of the President of the Russian Federation of June 2, 1994 N 1113 “On the state holiday of the Russian Federation” |
| Russia Day | Art. 112 TK | |
| Second Sunday in June | Day of Textile and Light Industry Workers | Decree of the President of the Russian Federation of June 17, 2000 N 1111 “On the Day of Textile and Light Industry Workers” |
| June 14 | Migration Service Worker's Day | Decree of the President of the Russian Federation dated June 4, 2007 N 701 “On establishing the Day of the Migration Service Worker |
| Third Sunday in June | Medical Worker's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| Last Saturday in June | Inventor and Innovator Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| 22nd of June | Memorable date Day of Remembrance and Sorrow - the day of the beginning of the Great Patriotic War(1941) | Decree of the President of the Russian Federation of June 8, 1996 N 857 "On the Day of Memory and Sorrow" Federal Law of March 13, 1995 N 32-FZ "On Days of Military Glory and Memorable Dates" |
| 27th of June | Youth Day | Order of the President of the Russian Federation of June 24, 1993 N 459-RP "On the celebration of Youth Day" |
| First Sunday of July | Sea and River Fleet Workers Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| July 10 | Day of Military Glory of Russia Day of the victory of the Russian army under the command of Peter the Great over the Swedes in the Battle of Poltava (1709) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| Second Sunday of July | Fisherman's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| Russian Post Day | Decree of the President of the Russian Federation of May 16, 1994 N 944 “On Russian Post Day” | |
| Third Sunday of July | Metallurgist Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| Last Sunday of July | Memorial Day Day Naval Fleet | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| August 1 | Memorable day Day of Logistics of the Armed Forces of the Russian Federation | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| August 2 | Memorial Day Airborne Forces Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| First Sunday in August | Railwayman's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| August 6 | Memorial day Day of the Railway Troops | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| August 9 | Day of military glory of Russia Day of the first in Russian history naval victory of the Russian fleet under the command of Peter the Great over the Swedes at Cape Gangut (1714) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| 12th of August | Memorial Day Air Force Day (celebratory events dedicated to Air Force Day are held on Air Fleet Russia) | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" Decree of the President of the Russian Federation of August 29, 1997 N 949 "On the establishment of Air Force Day" |
| Second Saturday in August | Sportsman's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| Second Sunday in August | Builder's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| Third Sunday in August | Russian Air Fleet Day | Resolution of the Presidium of the Supreme Council of the Russian Federation of September 28, 1992 N 3564-1 “On the establishment of the holiday Russian Air Fleet Day” |
| August 22 | Day of the State Flag of the Russian Federation | Decree of the President of the Russian Federation of August 20, 1994 N 1714 “On the Day of the State Flag of the Russian Federation” |
| August 23 | Day of Military Glory of Russia Day of the defeat of Nazi troops by Soviet troops in Battle of Kursk(1943) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| Last Sunday in August | Miner's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| August 27 | Cinema Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| September 1 | Day of Knowledge | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| September 2 | Memorable day Day of the Russian Guard | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| September 3 | Memorable date of Russia Day of Solidarity in the Fight against Terrorism | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| 4 September | Nuclear Support Specialist Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| First Sunday in September | Oil and Gas Industry Workers Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| 8 September | Day of Military Glory of Russia Day of the Battle of Borodino of the Russian army under the command of M.I. Kutuzova with French army(1812) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| 11 September | Day of Military Glory of Russia Victory Day of the Russian squadron under the command of F.F. Ushakova over the Turkish squadron at Cape Tendra (1790) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| Second Sunday in September | Tankman's Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| September 21 | Day of Military Glory of Russia Day of the victory of Russian regiments led by Grand Duke Dmitry Donskoy over the Mongol-Tatar troops in the Battle of Kulikovo (1380) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| Third Sunday in September | Forest Workers Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| September 28 | Nuclear Industry Worker's Day | Decree of the President of the Russian Federation of June 3, 2005 N 633 “On Nuclear Industry Worker Day” |
| Last Sunday of September | Mechanical Engineer's Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| October 1 | Older People's Day | Resolution of the Presidium of the Supreme Council of the Russian Federation of June 1, 1992 N 2890/1-1 “On the problems of older people” |
| Memorial Day Ground Forces Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" | |
| The 4th of October | Memorial Day Space Forces Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| October 5 | Teacher's Day | Decree of the President of the Russian Federation of October 3, 1994 N 1961 "On the celebration of Teacher's Day" |
| The 20th of October | Military Signalman Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| October 24 | Memorial Day Special Forces Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| the 25th of October | Customs Day of the Russian Federation | Decree of the President of the Russian Federation of August 4, 1995 N 811 “On the establishment of Customs Day of the Russian Federation” |
| Second Sunday in October | Worker's Day Agriculture and processing industry | Decree of the President of the Russian Federation of May 31, 1999 N 679 “On the Day of Agricultural and Processing Industry Workers” |
| Third Sunday in October | Road Workers Day | Decree of the President of the Russian Federation of March 23, 2000 N 556 “On the Day of Road Workers” |
| Last Sunday of October | Road Transport Workers Day | Decree of the President of the Russian Federation of October 14, 1996 N 1435 “On establishing the Day of Road Transport Workers” |
| October 30 | Day of Remembrance for Victims of Political Repression | Resolution of the Supreme Council of the RSFSR of October 18, 1991 N 1763/1-I “On the establishment of the Day of Remembrance for Victims of Political Repression” |
| November 4 (non-working day) | Day of Military Glory of Russia Day of National Unity | Federal Law of March 13, 1995 N 32-FZ “On days of military glory and memorable dates of Russia” Art. 112 TK |
| November 5 | Military Intelligence Day | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| November 7 | Day of Military Glory of Russia The day of the military parade on Red Square in the city of Moscow in commemoration of the twenty-fourth anniversary of the Great October Socialist Revolution (1941) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| Memorable date of Russia Day October revolution 1917 | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" | |
| Day of consent and reconciliation | Decree of the President of the Russian Federation of November 7, 1996 N 1537 “On the Day of Harmony and Reconciliation” | |
| 10th of November | Police Day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| the 13th of November | Memorial Day Day of the Radiation, Chemical and Biological Defense Troops | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| November 19 | Memorable Day Day of Missile Forces and Artillery | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| November 21 | Worker's Day tax authorities Russian Federation | Decree of the President of the Russian Federation of November 11, 2000 N 1868 “On the Day of Tax Authorities of the Russian Federation” |
| Last Sunday of November | Mothers Day | Decree of the President of the Russian Federation of January 30, 1998 N 120 "On Mother's Day" |
| December 1 | Day of Military Glory of Russia Victory Day of the Russian squadron under the command of P.S. Nakhimov over the Turkish squadron at Cape Sinop (1853) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| December 3 | Lawyer's Day | Decree of the President of the Russian Federation of February 4, 2008 N 130 “On the establishment of Lawyer’s Day” |
| 5th of December | Day of Military Glory of Russia Day of the start of the counteroffensive Soviet troops against Nazi troops in the Battle of Moscow (1941) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| 9th December | Memorable date of Russia - Day of Heroes of the Fatherland | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| 12 December | Memorable date of Russia Constitution Day of the Russian Federation - a public holiday | Decree of the President of the Russian Federation of September 19, 1994 N 1926 “On Constitution Day of the Russian Federation” Federal Law of March 13, 1995 N 32-FZ “On days of military glory and memorable dates of Russia” |
| December 17 | Memorial Day Day Missile Forces strategic purpose | Decree of the President of the Russian Federation of May 31, 2006 N 549 "On the establishment of professional holidays and memorable days in the Armed Forces of the Russian Federation" |
| 20th of December | Day of the Security Authorities of the Russian Federation | Decree of the President of the Russian Federation of December 20, 1995 N 1280 “On establishing the Day of Security Agencies Worker of the Russian Federation” |
| Third Sunday in December | An energy worker's day | Decree of the Presidium of the Supreme Soviet of the USSR of October 1, 1980 N 3018-X “On holidays and memorial days” |
| December 24 | Day of Military Glory of Russia Day of Capture Turkish fortress Izmail by Russian troops under the command of A.V. Suvorov (1790) | Federal Law of March 13, 1995 N 32-FZ "On days of military glory and memorable dates of Russia" |
| 27th of December | Rescuer Day of the Russian Federation | Decree of the President of the Russian Federation of December 26, 1995 N 1306 “On the establishment of Rescuer Day of the Russian Federation” |
Non-working holidays in the Russian Federation are:
January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by Federal Law No. 35-FZ of April 23, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127);
(Part one as amended by Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)
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 coinciding 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 the Federal Law dated April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Article 2127).
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. The amounts of expenses for the payment of additional remuneration for non-working holidays relate to labor costs in full (the new part three was introduced by Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27 ; as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Article 2878).
The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (as amended by the Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art. 2878).
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 Law of June 30, 2006 No. 90-FZ - Collection of Legislation of the Russian Federation, 2006, No. 27, Article 2878; Federal Law of April 23, 2012 No. 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Article 2127).
(Parts three and four are considered parts four and five, respectively, on the basis of Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)
Let's consider situations when an employer can involve employees in work on weekends and holidays, the amount of additional payments for these days depending on the remuneration system used at the enterprise, the specifics of payment for a day off or holiday for a posted employee and creative workers.
WORK AND REST MODE
The employer has the right to independently establish a work and rest schedule and a wage system in accordance with labor legislation, taking into account the specifics of the organization’s activities and its needs for labor resources.
The general day off is Sunday. Second day off with five days working week established by a collective agreement or internal rules labor regulations. Both days off are usually provided in a row.
At enterprises with a continuous cycle of work, where suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the calendar week in turn to each group of employees in accordance with the internal labor regulations. In this case, most often they keep total records of working hours.
In addition to weekends, employees are provided with holidays. In accordance with Art. 112 Labor Code of the Russian Federation non-working holidays in the Russian Federation are:
FOR YOUR INFORMATION
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.
In accordance with Part 5 of Art. 112 of the Labor Code of the Russian Federation, for the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days in the next calendar year by a regulatory legal act of the Government of the Russian Federation. Information about their transfer is subject to official publication no later than a month before the start of the corresponding calendar year.
CONDITIONS OF EMPLOYMENT TO WORK ON WEEKENDS AND HOLIDAYS
By general rule, enshrined in Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. The exception is certain situations provided for by law.
An employer may involve employees to work on weekends and holidays only with the written consent of the employee in the following cases:
- the production and technological cycle in the organization is uninterrupted;
- the organization’s specialists perform work caused by the need for constant continuous service to the population;
- there was a need for urgent loading and unloading operations.
Sometimes obtaining the employee’s consent to perform labor responsibilities not required on weekends. This is possible if the following conditions are met, specified in Part 3 of Art. 113 Labor Code of the Russian Federation:
- to prevent or eliminate the consequences of an industrial accident, natural disaster, catastrophe;
- to prevent accidents, destruction and damage to enterprise property;
- to perform work the need for which arose in connection with an emergency situation, including caused by a natural disaster or martial law.
An exception is made for pregnant women. They cannot be involved in work on weekends and holidays (Article 259 of the Labor Code of the Russian Federation). It is prohibited to use minors on weekends and labor, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation). Creative workers under 18 years of age may be employed to work at night, on weekends and holidays.
FOR YOUR INFORMATION
Night time is considered to be from 22:00 to 6:00.
Work on weekends by disabled people or women who have children under three years of age is possible with their written consent and in the absence of medical contraindications to working overtime.
Work on weekends and non-working holidays must be documented accordingly. Necessary:
- obtain the employee’s written consent to go to work during holidays or weekends;
- familiarize the employee, against signature, with the conditions of severance, including the right to refuse work in his free personal time;
- notify the trade union body (if there is one);
- issue an order to perform overtime work. The order must indicate the date and reason for overtime work, the duration of work, and the list of persons involved.
NOTE
Whenever emergency situations going to work on weekends and holidays can also occur by verbal order from management (before the order is issued).
All additional conditions for going to work on weekends and holidays can be specified in the internal regulations on remuneration.
The form of the document confirming the receipt of the employee’s consent to work extra time is not approved by law. Each enterprise has the right to develop it independently. Let's imagine an example of this form:
Notification
dated 05/19/2017 No. 5
The need to work on days off
Dear Oleg Ivanovich!
Due to production necessity(unloading perishable goods) we ask you to come to work on the day off May 20, 2017 (from 9:00 to 13:00).
Work on a day off will be paid double in accordance with Art. 153 of the Labor Code of the Russian Federation.
At your request, you can get another day of rest without additional payment.
Please make a note indicating your consent or refusal to go to work.
Director of LLC "Rhythm" Klimanov V. M. Klimanov
Reverse side of the notice
I have read the notification.
I agree to go to work " 20 » May 2017
Exit conditions: Double pay for work on days off .
Medical contraindications for work: I do not have .
Storekeeper Ivanov O.I. Ivanov 05/19/2017
PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS
Payment for work on weekends and holidays is carried out in accordance with Art. 153 Labor Code of the Russian Federation. The amount and terms of payment are presented in table. 1.
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Table 1. Amount and conditions of remuneration on weekends and holidays |
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Remuneration system |
Payment amount |
Terms of payment |
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Official salary |
Amount of one official salary |
If work on a weekend or holiday was carried out within the monthly working hours |
|
Double salary amount |
If the work was performed in excess of the monthly working hours |
|
|
Time payment |
At least double daily or hourly tariff rate |
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|
Piece-work payment |
At least at double piece rates |
In all cases, when working on weekends and holidays |
Labor legislation establishes minimum wage guarantees on non-working holidays, which the employer can increase through contractual or local regulation. The employer has the right to establish specific amounts of remuneration for work on a weekend or holiday and stipulate them in the collective agreement, internal local regulations, or employment contract. This is explicitly stated in Art. 153 Labor Code of the Russian Federation.
IT IS IMPORTANT
The amount of payment for work on a day off or a non-working holiday, prescribed in the collective agreement, local regulations of the company and the employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing labor law norms (Article 149 of the Labor Code of the Russian Federation).
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. If the employee requests to provide time off, he must write a corresponding statement. In this case, work on a weekend or holiday is paid in a single amount, and a day of rest is not subject to payment.
If the amount of wages on a non-working holiday is smaller size wages established by labor legislation, then the employee has the right to apply to the State Labor Inspectorate. Based on the results of the inspection, the employer may be held administratively liable for violation labor legislation. Officials faces a fine of 1,000 to 5,000 rubles, legal entities— from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
For partial non-payment of wages for more than three months, criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation). However, according to statistics, workers rarely turn to the State Labor Inspectorate with such complaints.
Payment for work on weekends and holidays for a salaried employee
For employees who have a fixed salary, wages in excess of the monthly norm are calculated based on the daily or hourly rate (in excess of the salary).
Daily rate determined by dividing the employee’s salary by the number of working days in a month according to production calendar, for which the salary is calculated.
For calculation hourly rate two options can be used.
Option 1: the employee’s salary is divided by the number of working hours in a month according to the production calendar for which wages are calculated:
Hourly rate = Salary / Monthly standard according to the production calendar.
Option 2: the employee’s salary (monthly tariff rate) is divided by the average monthly number of working hours:
Hourly rate = Salary / (Average annual standard / 12).
Average monthly working hours represents the result of division annual rate time at 12.
The official salary of engineer Surikov O.B. is 60,000 rubles. He has a 40-hour work week, with days off on Saturday and Sunday.
In fact, Surikov O.B. worked 15 days in May, including one holiday: due to production needs, he worked on May 9. The standard working time in May 2017 is 20 days. Let's calculate Surikov O.B.'s payment for May 2017.
1. Let's determine the daily rate. To do this, divide the employee’s salary by the number of working days in May 2017 according to the production calendar:
60,000 rub. / 20 days = 3000 rub.
2. We calculate payment on a holiday.
Surikov O.B. worked on a holiday. At the same time, he did not exceed the standard working time (20 days) established for May 2017. This means that his payment on the holiday of May 9 will be equal to the daily rate - 3,000 rubles.
3. We will calculate payment for the remaining time actually worked in May. We multiply the daily rate by the number of working days worked:
3000 rub. × 14 days = 42,000 rub.
4. Let's calculate wages for May. O.B. Surikov’s salary for May 2017 will be:
42,000 rub. + 3000 rub. = 45,000 rub.
E. V. Akimova, auditor
The material is published partially. You can read it in full in the magazine
Non-working holidays in the Russian Federation are:
January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by the Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Art. 2127);
(Part one as amended by the Federal Law of December 29, 2004 N201-FZ - Collection of Legislation of the Russian Federation, 2005, N1, Art. 27)
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 the non-working holidays specified in paragraphs two and three of the first part 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 of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127).
Employees, with the exception of salaried employees
(official salary), for non-working holidays on which they were not involved in work, additional remuneration is paid. The amount and procedure for paying this remuneration are determined by a 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 relate to labor costs in full (new part three was introduced by Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Article 27; harm. Federal Law dated June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Article 2878).
The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Art. 2878).
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 holidays 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 Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation , 2006, No. 27, Article 2878; Federal Law of April 23, 2012 No. 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Article 2127).
(Parts three and four are considered respectively parts four and five on the basis of the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27)
Introduction………………………………………………………………………………..…….2
1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation………...3
1.1. Peculiarities legal regulation weekends and non-working holidays……………………………………………...3
1.2. Cases of involving employees to work on weekends and (or) non-working holidays……………………………….……...11
1.3. Rules for attracting and registering employment on weekends and (or) non-working holidays …………………17
1.4. Payment for work on weekends and (or) holidays…………….20
Conclusion………………………………………………………………………………….24
List of normative legal acts and literature…………………………...26
Introduction
According to Article 37 of the Constitution of the Russian Federation - “everyone has the right to rest” - and along with securing the basic forms of rest (weekends and holidays, paid annual leave), it guarantees to those working under an employment contract the duration of working hours established by federal law.
Rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion. But Article 113 of the Labor Code of the Russian Federation provides for cases when the employer has the right to attract employees to work on weekends and non-working holidays. These cases are the object of my course work.
The purpose of writing a course work is to conduct a comprehensive study of the issues of legal regulation of rest time under Russian legislation.
Achieving this goal is facilitated by solving the following tasks:
Determination of general theoretical provisions for weekends and non-working holidays in accordance with the Labor Code of the Russian Federation;
Analysis of the procedure for remuneration on weekends and non-working holidays;
1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation.
1.1. Peculiarities of legal regulation of weekends and non-working holidays.
Weekends are a type of rest time. Their hallmark is that they are provided to employees for continuous rest between working days.
The concept of "rest" in this case, in addition to the time necessary for sleep, includes a sufficient amount of time during which workers could do what they wish, or, in other words, free time. International organization Labor (ILO) already in the early years of its existence brought to the attention of employers that a well-directed use of leisure time, by allowing workers the opportunity to pursue more varied interests and by providing a break from the stress imposed on them by daily work, could increase productivity and output. and thus can help you get the most out of your workday.
In Russian legislation, the regulator of working hours during the week is Article 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest to all employees.
The length of the working week is provided for by the working hours regime and is established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.
Part two of Article 111 of the Labor Code of the Russian Federation proclaims Sunday as a general day off. Moreover, the second day off in a 5-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, however, other options are possible, since part two of Article 111 of the Labor Code of the Russian Federation stipulates that both days off, “as a rule,” ", are provided on a contract basis.
In accordance with the generally accepted ILO principle of providing workers with continuous free time “as far as possible,” employers are given the right to choose in establishing days off, taking into account the requirements of different sectors of the economy, local customs and the differing abilities and skills of different groups of workers. This principle was reproduced in part three of Article 111 of the Labor Code of the Russian Federation, which established the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week in turn to each group of workers in accordance with the rules of internal labor organization routine.
According to Article 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours. Legislating the lower limit of this period of time reflects the seriousness of the state's attitude to a complex of various aspects of the physical, mental and social well-being of workers. After all, a lack of free time can ultimately have an impact negative impact on their participation in the life of society and disrupt social contacts, which, in fact, constitute the activities of the state. In addition, the very size of the minimum period of continuous free time reflects not only the social aspect labor activity, but also the level of economic development of society - in developed countries it is larger, and in developing countries it is smaller.
The beginning of the period specified in Article 110 of the Labor Code of the Russian Federation is calculated from the moment the employee finishes work on the last day of the calendar or work week (when working on a shift schedule), and the end, respectively, from the moment he goes to work on the first day of the new calendar or work week.
By the way, precisely for the purpose of complying with the established standard time for weekly rest, part three of Article 95 of the Code sets a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.
Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Public Holidays”; in others, holidays are introduced and abolished by separate acts (for each specific day), in thirdly, holidays are established by general normative legal acts regulating public administration.
In the Russian Federation, the list of public holidays is determined by Article 112 of the Labor Code of the Russian Federation. After amendments were made to it by Federal Law No. 201-FZ of December 29, 2004, non-working holidays in the Russian Federation are:
Without going into an analysis of the legality of these holidays from the point of view of the correspondence of the above articles of the Constitution of the Russian Federation and Articles 5, 6 and 112 of the Labor Code of the Russian Federation, we note that Article 112 of our main Code does not exhaust non-working holidays.
According to part two of Article 112 of the Labor Code of the Russian Federation, if a non-working holiday falls on a day off, then the day off is transferred to the next working day after the holiday.
Here it is necessary to note that for holiday non-working days, which are established by the legislation of the constituent entities of the Russian Federation, the legislative acts introducing these holidays provide for a similar transfer procedure: if a day off and holidays coincide, the day off is transferred to the next working day after the holiday.
The clarification, in particular, provides that the transfer of days off that coincide with holidays is carried out in organizations that apply different work and rest regimes, in which work is not carried out on holidays. This applies equally to work modes with both permanent fixed days off by day of the week and sliding days of rest.
Work and rest regimes that provide for work on holidays (for example, in continuously operating organizations or those associated with daily services to the population, round-the-clock duty, etc.) do not apply to the specified provision on the transfer of days off.
In addition to the automatic transfer of days off, part five of Article 112 of the Labor Code of the Russian Federation provides that in order to rationally use weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer days off to other days. A draft resolution on such a transfer is being prepared by the Russian Ministry of Health and Social Development. The Government of the Russian Federation reviews it and either accepts the proposals of the Ministry and issues a resolution, or edits them.