Work on days that are legally weekends and non-public holidays is under legislative control. Failure to comply with this part of the labor code leads to legal liability. But not all employees are aware of their rights or are simply afraid to remain without work and therefore obediently agree to go to work on a non-working day and often without any compensation from the employer. In fact, without the consent of the employee, no order is valid.
Working and resting conditions
Each employee has the right to a break during the working day, to a lunch break, and, of course, to rest on weekends.
During a normal working week, a person must go to work for 5 days for 8 hours and rest on Saturday and Sunday. There is a shift schedule when they work for two days and rest every two days. Usually, with such a schedule, the shift lasts 12 hours. But the employer can adjust the work schedule depending on the type of activity carried out.
Weekend Law
There is a law on weekends and holidays. Indeed, in order for a person to be able to do his job well, he must have a full rest. Nobody needs tired and exhausted workers.
Article 113 of the Labor Code of the Russian Federation on “Prohibition of work on weekends and non-working holidays” states that there are “Special situations for attracting workers to work on holidays and weekends”, which are considered to be activities of a continuous nature related to serving the population, loading and unloading and urgent repairs.
Who can be called to work on the day off?
Before drawing up an order on a non-working day, looking at a sample order of work on a day off with the provision of time off, you should find out which employee can be involved in work on the day off and which is not.
In any case, to bring a person to work on a non-working day, it is necessary to have good reason.
Work on weekends and holidays of minors, pregnant women, disabled people and workers with young children under the age of three is not allowed.
In order for an employee to be allowed to work on a day off, it is necessary to take written consent in the form of an application and a signature from him. The statement should indicate that I agree to work, for example, on Saturday. For registration, you need a sample order of work on the weekend of RB. The resulting order should also include a note that the employee agrees to work on his day off and his signature.
Who always works on weekends?
Some public service organizations have the right to work on weekends and holidays. In this case, employees usually replace each other every two to three days, and they have a day off any day in the week that falls between shifts.
A shift schedule is also appropriate for continuous production, such as food production.
But if the organization does not fall within the permissible categories of enterprises for frequent exit to work on weekends, you should be careful and each time come up with a new reason for the withdrawal of employees.
Employees of the Ministry of Emergencies do not have the right to rest on weekends if suddenly an emergency arises that requires urgent intervention.
Workers engaged in creative, entertaining, journalistic, educational sports and professional sports activities also have a separate right to work on weekends. Specifically, their days off should be indicated in the employment contract with their employer.
How to notify an employee of the need for his work on the day off?
In order to make an employee exit on his legal day off, you must first familiarize him with the full right to refuse to work on the day off in writing. To convey to him the need for his participation in production. Then get consent from him for this work. Then issue an order. No need to rack your brains about what the order for work on the weekend looks like, a sample of which is easy to find in the accounting documentation.
On the order, the employee writes with his own hand that he is familiar with the content and his rights, and agrees to work on the day off. Or a separate notice is created on the sheet and signed by all employees who require production on the weekend.
The main thing is that the employer has proof that the employee was notified of the need to perform his work on the day off, and gave his consent. If the employee does not appear on the scheduled day off for work, this will be considered truancy, and his signature in the order - proof of his guilt.
When do you need an order to go to the weekend?
To properly arrange the work on the weekend, a sample order of work on the weekend is required. This document is necessary in all cases when the production process requires workers to leave on a day that, in the usual case, is considered their day off. If the organization has a shift order, and the change falls on a day off, then it is considered a normal working day.
Weekend work order. Samples
The order on the employee’s withdrawal to work on the day when everyone is resting, indicates the date and duration of the work shift. The document also prescribes the terms of compensation for busy time in the form of time off or double payment. The order is signed by the employee, who is taken to work on the day off, by the director and the payer (accountant or chief accountant).
- Sample Order on work on the weekend for industrial needs:
LLC “Mouse and Co”
Order No. ____
On attracting an employee to work on a day off.
Kazan, December 10, 2018
In connection with the production need
I ORDER:
- Call to perform labor duties on a day off - December 12, 2018 at 3 o'clock from 10.00 to 13.00 without a break for lunch of the master I.I. Ivanov with his consent in writing.
- Payment for 3 hours worked on a day off is doubled in accordance with Art. 153 of the Labor Code of the Russian Federation.
- When calculating the salary accountant P.V. Petrov to take this order into account.
Head __________________ S.S. Sidorov
notified:
Chief Accountant _______________ P.V. Petrova
Master ________________________ I.I. Ivanov
2. Sample Order on work on the weekend with the provision of time off:
LLC “Mouse and Co”
Order No. ____
On attracting an employee to work on a day off.
Kazan, December 10, 2018
Due to the need to perform urgent work
I ORDER:
- Call to perform labor duties on a day off - December 12, 2018, masters I.I. Ivanov with his consent in writing.
- For a day off at work, provide the employee with an additional day of rest without payment.
- Payment for entering the enterprise on the day off is made in the usual amount.
- When calculating the salary accountant P.V. Petrov to take this order into account.
Head __________________ S.S. Sidorov
notified:
Chief Accountant _______________ P.V. Petrova
Master ________________________ I.I. Ivanov
You can also specify in the order the purpose of going to work, the amount of work or the number of units produced in the form of a plan for a work shift.
How long is the order kept?
So that the documents were of the same format, a sample was invented. Weekend work orders are personnel documents. And such papers are stored in the archives of the company for 50-75 years.
How is a day off paid?
The head of the organization decides how to pay employees their work on the day off. This can be an hourly pay or the whole working day.This should be spelled out in the agreement on cooperation between the organization and the employee.
If the employee’s labor is paid according to the hours actually worked, then for the hours worked he is entitled to a double rate on hours worked.
If the payment is piece-rate, then a double amount for the unit produced is laid out for the weekend. All this should be endorsed by signatures on paper, which is drawn up according to the model of the order on work on weekends and payment in double size.
If payment is made in a fixed amount every month, then the employee has the right to take time off or choose a double tariff. In what form to receive compensation, the person decides for himself and must notify the employer in writing, in the form of an application.
Providing day off for work on the day off
If the employee has declared his desire to receive in return for the worked day a day off, then he needs to notify the employer in advance. It is advisable until that very weekend. The application must be submitted in writing. It is also possible to make a note “with the subsequent provision of leave” on the order for the withdrawal to work. A sample of the order on work on a weekend for a day off will help to draw up this document. Further, the management decides to agree to the conditions of the employee or not. If the latter is denied compensation for going to work on the day off as an extra day of rest, he is fully entitled to refuse to go to work on the day off. But only if it is not an emergency that does not require the consent of the employee.
The employee has the right to choose the day off or an extra day of rest, but at the same time he must notify the management of his desire to take that day in advance and in the form of a statement. Upon dismissal, if the day off is not used, the employee has the right to compensation in cash.
Work on the day off on a business trip
The sudden need for a business trip can occur at any time, even on weekends. According to the law, the need to conduct a business trip on a day off must be compelling and justified. An order is made to leave on a business trip on a day off. The main thing is that the employee's last name, first name, middle name, time and place of the trip, the reason for its organization and the type of compensation that the employer must provide in exchange for the weekend worked are required.
Sample of the Order on work on a weekend in a business trip:
LLC “Mouse and Co”
Order No. ____
On attracting an employee to work on weekends.
Kazan, December 10, 2018
Due to the need to complete unloading
I ORDER:
- Call for work on a day off - December 12, 2018, masters I.I. Ivanov in connection with his departure on a business trip with his consent in writing.
- For a day off spent on a business trip, provide the employee with double payment.
- When calculating the salary accountant P.V. Petrov to take this order into account.
Head __________________ S.S. Sidorov
notified:
Chief Accountant _______________ P.V. Petrova
Master ________________________ I.I. Ivanov
A sample order of work on the day off must always be at hand to timely and correctly execute the document.
When is work on a weekend not paid?
Work on the weekend is not paid if the employee had previously skipped a working day or took a day off with subsequent working off. In this case, arrival at the workplace on a day off for all is paid not as an additional month, but as a regular worker for whom the work is done.
Is it possible to refuse to go to work on a weekend?
An employee has no right to refuse to go to work on any day, even a day off and a holiday in case of:
- If some disaster has occurred and the consequences are required.
- If there is a likelihood of an accident, damage or complete destruction of the property of the enterprise or state facility.
- If suddenly there is a threat of war or natural disaster, or an epidemic and measures are required to prevent them or to ensure the safety of life and human health.
In all other cases, a person has the right to refuse to work on his day off.
A sample of orders for work on a weekend with or without payment will help an inexperienced manager correctly draw up the working regime of workers and avoid problems with the law. Because all organizations are closely monitored by various labor inspectorates that protect the rights of workers and are only waiting for the opportunity to punish an unscrupulous employer. Even the smallest organization must follow the rules and laws of the labor code.
If necessary, withdraw the driver on the day off, orders for work on the day off on the model of a single format are required, as in other cases.
All sample work orders on non-working days are very similar. Only the conditions change under which the employee receives either a double salary payment or a day of rest, as well as the reasons why it became necessary to finish business on a day off. The reasons must be compelling and reasonable. And the consent of the workers is reflected on paper.