Any employee is supposed to have uninterrupted rest every week; he is called a weekend. Weekly rest should be continuous and not less than 42 hours. How is this time counted? The countdown starts from the moment when the last work shift before the day of rest is over, and continues until the start of the work shift after the weekend.
What determines the number of days off?
By law, the employer must provide weekly weekends to its employees. If the contract involves a six-day work week, then the day off is one. In the case when a five-day working week is provided, the employee is given 2 days to rest. It is believed that Sunday is a common day to relax. If a second day off, not defined by law, is provided, then it shall be established according to the internal rules of procedure.
How to normalize weekly rest (should be continuous and not less than 42 hours)?
Most often, weekends go in a row. Weekly rest should be continuous and not less than two days (Sunday and Saturday) for a five-day working week and at least one day (Sunday) for a six-day. If the accounting of working hours is cumulative, then the length of continuous rest for each week is respected taking into account the period (excluding civil aviation workers).
In an enterprise with continuous production, where a stoppage of work is connected with the need for constant service to the population or is not allowed under technical and production conditions, days off are allocated in a different way. Weekly rest should be continuous (days off) and not less than the set deadline, however, it is provided alternately for each group of employees on different days.
Holidays
If the holidays and days off coincide, then the day offsets to the day that follows the holidays. For those persons who receive a salary in connection with public holidays, the salary does not decrease. Normative local acts of an employment contract or organization provide for additional remuneration for employees of other categories.
The general rule says: work is prohibited on public holidays and weekends. However, some exceptions are indicated in the Labor Code of the Russian Federation. For example, for those who work six days a week, Saturday will always be a working day, even if it coincides with the holiday. In this case, the weekend is not carried forward.
In the legislation of the Russian Federation on holidays (non-working) days are called:
- Defenders of the Fatherland Day (February 23).
- Day of Russia (June 12).
- Day of Unity of the People (November 4).
- Labor Day (May 1).
- New Year holidays (from January 1 to 5).
- other.
In what cases should an employee go to work on a public holiday or a day off?
In the event of unforeseen work and the need for their implementation on non-working holidays and weekends, the involvement of employees is carried out through their written agreement. Most often, such work needs to be done urgently, since the normal activities of the enterprise depend on this in the future.
To attract employees to work on the legal days of continuous rest without their consent is permitted by law in the following cases:
- Emergency work (for example, an epidemic, earthquake, flood, or fire).In order to perform the necessary work in case of emergency or martial law. In other cases that threaten the life of the population.
- Prevention of damage or destruction of property of the enterprise. In order to protect against accidents.
- Prevention of an accident or disaster at work, as well as to eliminate the consequences after.
The Government of the Russian Federation, taking into account the views of the Tripartite Russian Commission, which regulates social and labor relations, allows for the involvement of individuals in legal days of uninterrupted rest in the manner established by the labor or collective agreement, local regulatory act. Special persons include: professional athletes, persons participating in the performance or creation of works, employees of the circus, theater, as well as concert and theater organizations, employees of video and television crews, and the media.
Holidays do not apply to employees of those enterprises that are engaged in non-stop work caused by production and technical conditions. This category also includes employees of organizations for the continuous servicing of the population, employees whose responsibilities include emergency handling, loading and repair work.
Workers with children under the age of three or with disabilities
Women with children under three years of age and persons with disabilities should be familiarized with the right to refuse to perform work on non-working holidays and weekends. To attract employees of this category, a medical report on the state of health is required, which is issued in accordance with legal regulations of the Russian Federation and other laws of the country.
Extra weekend
For parents (or for those who replace them) raising children with disabilities who have not reached the age of majority, 4 additional days off are provided each month, which are paid. These days off are provided for one person, can also be divided between two parents at their discretion. Female rural workers are offered one additional unpaid day off each month.
The Russian Labor Code (Section 265) says that if there are 2 or more children under the age of 16 in the family, one of the parents (or a person replacing them) has the right to one additional paid day off every month. In the case when 3 or more children under the age of 16 are brought up in a family, one of the parents (or a person replacing them) is entitled to one additional paid day off per week.
Vacation
Weekly rest should be continuous and not less than 42 hours, however, in addition to it, an annual vacation is provided. It is 28 days. There are two types of vacation: additional and main. Extra leave can be with and without pay.
Each year, each of the employees is provided with paid leave while retaining the position and place of work. The right to this type of vacation is available to all persons who work under the contract. We are talking about organizations that relate to forms of ownership of any kind. The form of remuneration, the term of the employment contract, the work performed, the position held, the place of fulfillment of labor duties and the degree of employment do not affect vacation.
In the event that the employee works part-time, he is granted paid leave annually, or he is compensated for when he is fired. If we talk about persons who work under an employment contract for a period of up to two months or are seasonal workers, their vacation is calculated as the sum of two working days for each working month. Persons who are homeworkers or who work under an employment contract with employers are entitled to leave on a common basis.
An annual continuous vacation of 18 working days is granted to persons serving correctional labor.The remaining holidays are provided for by the Criminal Executive Code of the Russian Federation.
By providing holidays, the employer exercises the right to a weekly continuous rest (must be at least 42 hours). It is calculated in accordance with the work schedule (shift) or labor schedule. If the operating mode is multi-shift, then the duration of the weekly continuous rest should be at least the number of hours that take into account the period of work done.
Duration Adjustment
Article 138 of the Labor Code of the Russian Federation indicates that the duration of a weekly rest should be continuous and not less than 42 hours. The employer is not entitled to provide days off of shorter duration.
What weekly rest should be continuous and not less than 42 hours? It includes three time periods:
- Rest time that precedes the day off. It starts from the moment the last work shift ends this week and ends when the first day off begins.
- One or two days off (depending on the number of working days per week).
- Time for rest from the end of the days of continuous rest until the first work shift in the week.
Thus, the sum of hours of weekly rest should be continuous and not less than 42 hours.
The order of rest
The procedure for providing an employee with days of continuous rest may be changed if the employer and employee enter into an agreement by which the employee agrees to work on those days when he is entitled to rest. In such cases, the employee must be provided with additional benefits that are not provided for by law. Given the order, a weekly rest should be continuous and not less than 40 hours. However, in the above situations, the order of its provision can be changed and the duration of rest, respectively, too.