So, a huge role for employers and employees plays Art. 112 of the Labor Code of the Russian Federation. As practice shows, information on labor on holidays, which are officially considered non-working periods, is not too readily disclosed. After all, not every employer is able to comply with the rules and regulations that are laid down by employees for the hours worked. Thus, in order not to be deceived, you will have to study the Labor Code yourself. Remember the information of Art. 112 TC is not so difficult. The main thing to remember: this item is extremely important for you. If you violate the rules provided for in the article, you can file a complaint against the employer legally. Do not be afraid, you just protect yourself.
By days
So, the first thing you need to pay attention to is the list of generally accepted public holidays on which employees are not allowed to work. It is constantly changing, but for 2016 there are certain rules prescribed by law.
Which ones? For example, New Year's holidays, according Art. 112 of the Labor Code of the Russian Federation, celebrated from January 1 to 6. They also include another non-working day - 8.01. These days you can officially relax. Christmas in Russia is celebrated on January 7, men's day is February 23, and women's day is March 8. Also in May, the weekend is considered its first day - the Labor and Spring Festival - and 9.05 - Victory Day.
In principle, these are the main holidays that are celebrated in Russia in 2016. Only National Unity Day remained on November 4 and Russia Day on June 12. All of the above options are a weekend. And you can not work in them. If, for some reason, you were called in during these periods, you should pay attention to some of the features that Article 112 of the Labor Code of the Russian Federation provides for. Which ones? What is this about?
Transfers
For example, the fact that in some cases the government of the Russian Federation transfers holidays. Most often this happens when the immediate event falls on Sunday or Saturday. In this situation, the non-working period will be rescheduled for Monday or Friday. Or on any other business day for a replacement.
Also, the government, according to Art. 112 TC, reserves the right to postpone the holidays in order to more successfully distribute the workload. Only warn about such decisions is necessary in advance, at least 2 months before the event. In addition, all changes must be published in the public domain and announced about them publicly. Otherwise, the amendments will not have legal force. This will have to be considered first.
Salary
The most interesting and important that this article can only mean is nothing more than the procedure for remuneration of employees who went to work on an official public holiday. It is clear that not everyone is given the opportunity to walk off the law. Indeed, then, in general, cities would completely lose all the opportunities that they have for functioning and providing for life: shops would not work, there was no news, public transport disappeared, and so on.
So, work on official holidays in some cases is a necessary measure. And, according to what is written in Art. 112 TC, in Russia this “feat” should be rewarded to one degree or another. How exactly? Double salary.
That is, citizens receive a double rate for the worked periods in which they could rest. More is possible, less is not. Otherwise, you can complain about the employer. After all, non-working days, which are also public holidays, really should be rewarded if someone works. Or the employee has the right not to shift.This is what often happens with dishonest employers.
Not base
But part 3 of Art. 112 of the Labor Code of the Russian Federation indicates another feature that everyone needs to know about. The fact is that often employers try to reduce wages per month in the presence of public holidays. Only this is illegal.
According to the text of our article today, the presence of these is not a basis for reducing wages to employees. Moreover, as has already been said, you will pay your subordinates the time spent at work in double the amount. You can do more if it is provided for by your rules, but no less.
So, attempts to lower earnings for employees, for example, in January are an illegal decision. You are quite entitled to complain. Consider this fact. Huge problems will begin, which are likely to entail a staff turnover.
Another day
Nevertheless, one should not always be afraid of legislation. In some cases, it is possible to avoid accusations and double remuneration for employees on non-working days that are officially recognized as holidays. How exactly?
It is worth noting that everyone has the right to use the weekend at any other time period. That is, a citizen can take time off for a non-working day when he wishes. This should be agreed in advance. Why? Indeed, in this situation, you simply transfer the holiday to a different period. And payment takes place at the usual rate, no double bets and bonuses. It is such rules that are spelled out in Art. 112 shopping mall.
Comments
Comments on the article also play an important role. They most often explain all the nuances stipulated by law. If you do not study them, you can run into trouble and discontent subordinates. For example, part 5 of article 112 of the Labor Code of the Russian Federation indicates that the government has the right to postpone the weekend, combined with the holidays, at certain intervals. But at the same time, the comments clarify that this is possible only in some cases, as well as with prior notification of citizens. Otherwise, the changes will not have any legal force.
In addition, it is also worth paying attention to the fact that quite often the salary of citizens is calculated not by the day, but by the hour. Moreover, comments on Art. 112 shopping malls indicate that a double bet will also be calculated on a similar basis. That is, you, as an employer, are obliged to take into account salaries that exceed the usual minimum 2 times over the hours worked.
The main feature is that the text of the article does not apply to employees engaged in preparations for the World Cup in 2018. Also, some religious holidays can be recognized as non-working days. Not too common, which is often prescribed in an employment contract.
