Quite often, managers are forced, due to certain circumstances, to attract employees to work on their legal holidays, including weekends and holidays. In order to avoid further claims against the employer and to avoid various unpleasant stories with ignoring the exit to the workplace, you need to document all the nuances of paying for the work on the day off, making it legally correct. If this is not done, then in the future it can lead to conflict situations with company employees, which, in turn, will cause litigation.
When to celebrate - decided from above
The legislation provides for an officially approved schedule of holidays that are non-working in our country. The list of holidays is approved annually. If the employee needs to work on one of the holidays or weekends with the five-day working week prescribed in the contract, then the employee has the right to receive extraordinary paid leave or pay for work at a double tariff.
How is paid work on a day off? We will reveal the topic in more detail.
Non-working day labor
For an employee to come to work on an official day off, you must obtain his written consent in advance to perform this action. A prerequisite is precisely the written consent, and not just verbal. This point is provided for in article 113 of the Labor Code. Among other things, this consent will provide the content of the order to attract the employee to work on the day off.
When is a positive response not required?
There are situations stipulated by law when, in order to attract an employee to work unscheduled, his consent is not required. Such circumstances include:
1. Prevention of a catastrophe or liquidation of the consequences of an accident that has already occurred.
2. Prevention of industrial accidents.
3. The need to carry out urgent work, the need for which arose due to the declaration in a particular area of martial law or a state of emergency.
Obviously, these circumstances are few and they arise, fortunately, rather rarely. Therefore, in most cases, it will be necessary to obtain the voluntary consent of the employee to bring him to work on a legal day off or holiday.
Ways to notify about work
How is paid work on a day off? It depends on a number of circumstances.
The organization has the right to independently determine the form in which the employee will be notified about the need to work on the day off. The most common form of a proposal or notice. The notification document must necessarily indicate the reasons for going to work, the time and date, and compensation options. The employee after familiarizing himself with the document endorses the signature. If necessary, you can specify the selected payment method for work on the day off. If the choice fell on an additional day off, but the employee cannot specify the date, then in the future he will write another statement.
Who has the right to refuse?
There are categories of citizens, including persons with disabilities, minors, single mothers raising children with disabilities, who should be highlighted in a separate column, since, in addition to signing a consent to pay on weekends and non-working holidays, they also confirm their awareness of the possibility refuse to go to work at this time in principle.
Ordering
Having received the written consent of the employee to engage in labor on the day off, the employer can issue an appropriate order. There is no general form for him. Sometimes the employer may decide that it is not necessary to issue an order. This is due to the reluctance of the employer to keep records of work on a weekend in double volume or to provide him with an additional day off. However, this practice is quite disastrous and fraught with unpredictable consequences.
In judicial practice, the vast majority of such conflicts are resolved not in favor of the employer. As a rule, it is not difficult for an employee to prove the fact of work on a legal holiday. The evidence base can be witness testimonies, documents, an oral order of the employer, etc.
The resolution of such conflicts in court in favor of the employee is fraught with certain consequences for the employer in the form of large fines. To avoid such consequences, it is necessary to draw up all the necessary documents in a timely and correct manner.
Financial compensation
The law on weekend work prescribes that in case of leaving at this time, the employee must be guaranteed compensation, since such circumstances violate his right to legal rest, prescribed in the Constitution. Compensation, as mentioned above, can be both monetary (in double volume), and in the form of paid time off.
How is paid work on a day off? We will talk about this later. The basis will be legislation.
Article 153 of the Labor Code of the Russian Federation suggests that double entry should be paid for entering a workplace on a day off. In this way:
1. Employees on piece-rate pay receive a double rate for hours worked.
2. Employees with an hourly wage receive a double tariff rate for work on a weekend or holiday.
If an employee works for a fixed monthly salary, then two payment methods are possible according to article 153 of the Labor Code of the Russian Federation:
1. If the norm of hours in the current month is not exceeded, the compensation is calculated based on one daily fixed rate, which is paid in excess of the established salary.
2. If the monthly rate is exceeded, the amount of compensation will not be lower than the double amount of the fixed rate.
The statement will not be redundant
If an employee expresses a desire to take a day off as compensation, but cannot tell the exact date, then he will need to write a statement. It is believed that additional applications are not needed to receive compensation, but they will not be redundant and will help to avoid misunderstanding with the employer. More often, monetary compensation is more profitable than extra time off. It is important, however, that the amount of compensation be calculated correctly, especially when it comes to hourly pay. The issue of working on a weekend with a shift schedule is also a hot topic.
The easiest way is to calculate compensation for those employees who did not go on sick leave for a month of work and did not go on business trips. The working norm in this case is not exceeded, respectively, the employee will definitely have the right to receive monetary compensation for leaving a weekend. Information about working on a weekend on a business trip is of interest to many.
Day Off Compensation
How is paid work on a day off other than a monetary reward?
Not all workers who have the opportunity to choose between compensation and extraordinary days off choose the first.There are those who prefer an extra day of rest at any time convenient for them.
As mentioned above, the employee has the right to indicate a convenient time for leave already at the stage of familiarization and signing of consent to employment on a weekend or public holiday. In this case, during the execution of the order, the tenant will insert a clause in it that the compensation will amount to additional free time on a certain date. If the employee is not ready to give a specific number of days off, then before the right day he will write a statement on the provision of a day off in compensation. The application must be signed by the employer.
Section 153 of the Labor Code reports that no matter how many hours an employee has worked on a weekend or holiday, he is still entitled to a full day of time off. Rostrud also adheres to such a policy. The employee must be signed by order of the provision of an additional weekend.
Despite the fact that the employee will be absent from work on an additional day off, this day is paid according to the Labor Code. This additional day is compensatory for the time when the employee left after school hours. If this rule looked different and the payment was not saved, this could not be considered compensation, as it would be considered a vacation at your own expense.
Of particular importance is how the employer marks the day the employee is absent from the time sheet. The corresponding mark is made in a special program or report card. Otherwise, an incorrectly executed absence of an employee can cause unpleasant consequences for the employer.
When to take time off?
You can take time off both in the current month, when the exit took place on a free day, and at any other time. The law does not provide for severe restrictions in this regard. Let us give an example: an employee worked one working Saturday in August; in the same month, he did not go on holiday. In this case, his earnings will be equal to the full salary plus one day of compensation. If an employee expressed a desire to take time off in September, then in August and in September he will have full wages without any deductions.
All the above calculations are based on the actual hours worked. If the norm is not worked out, then the calculation is made according to the Labor Code, taking into account each specific case.
Day off or compensation?
In practice, it turns out that employers have many problems with providing an additional day off and wage for an employee for a month. For many companies, it is easier to maintain solidarity with Rostrud and pay a single rate for a working day, plus an extra day off while maintaining wages. In some cases, the employer pays for a free day exit at a double rate.
Such a policy will help the organization avoid debating with employees and filing lawsuits with them. Most of all problems with compensatory payments arise with employees from budgetary provision. For unknown reasons, in such organizations they prefer to give time off rather than pay for work on a day off at a double rate. Most often, compensation days off are added to annual leave or given to the employee upon request.
Sometimes a collective agreement prescribes a certain procedure for providing compensation, and the employee does not have the right to demand some other option. If such rules are not provided, then the choice remains with the employee. The situation in the economy is such that, whenever possible, employees prefer to take double payment for going to work on their free day.
It is important to clearly understand your rights and obligations and monitor the correctness of registration and regulation of labor activity. Only subject to compliance with all statutory rules and regulations can one claim compensation for work on the day off.
Summarizing all of the above, we can conclude that the employer has the right to attract an employee to work on a day off only with his written consent or in exceptional cases described in the law. That is, the employee has the right to refuse to fulfill this condition. This is especially true for the above categories of citizens who have preferential working conditions. The choice of compensation is also the prerogative of the employee, unless otherwise provided by the terms of the contract with the employer.