Today we have to study with you such a concept in the Labor Code as holidays. And we are talking about those periods when you do not need to work. After all, holidays are not always weekend. In some cases, in Russia everyone has to work unconditionally. So that, Art. 112 shopping mall The Russian Federation clearly indicates specific dates on which to relax. In addition, it is here that the basic rules for calculating laid bonuses are prescribed if employees go out to work on a holiday. Features of the transfer of days that fall on the weekend a priori in a given year are also indicated here.
Exact dates
It's no secret that the issue of public holidays in Russia is constantly being addressed. Moreover, the government then increases their number, then, on the contrary, reduces it. But exact dates also have a place to be. They are indicated in Part 1 of Art. 112 of the Labor Code of the Russian Federation.
At the moment, New Year is celebrated from January 1 to 3. These are officially recognized non-working days that relate to the holiday. Christmas is celebrated on January 7, Defender of the Fatherland Day - February 23. International Women's Day is considered a weekend. And it, as you might guess, is celebrated on March 8th.
Labor Day (it is still considered spring day) is another non-working day. According to Art. 112 of the Labor Code of the Russian Federation, employees have the right to relax on May 1. Do not forget about Victory Day - it is held on 9.05.
In principle, there are not many official holidays left in Russia. Just Russia Day - June 12, and Unity Day - November 4. All of the above days are officially recognized as non-working. So, work in these periods has its own characteristics.
Transfer
For example, it is worth paying attention to part 2 of article 112 of the Labor Code of the Russian Federation. It refers to the rules for transferring holidays to a particular period. As practice shows (and the law says), if it coincides with the day off, then it is postponed to the next working day. Always, with rare exceptions.
At the moment, according to the text of Art. 112 of the Labor Code of the Russian Federation, the government postpones 2 days off from those specified in part 5 of this law. In general, one thing is clear so far - if the holiday coincides with the normal non-working period, then there is a transfer of legal rest to the nearest working period of time. Not everything is so difficult to understand as it might seem at first glance.
Salary
Of course, as already mentioned, there should be some kind of reward for working on non-working holidays. And, as it’s not hard to guess, the rules for awards are provided for in Art. 112 of the Labor Code of the Russian Federation. The new edition states that all employees who came to work for any reason on a non-working holiday should be rewarded.
How exactly? For worked periods, they should receive double wages. This applies to all types of payroll. If we are talking about hourly pay, then it will be doubled. The same goes for day shifts.
In addition, the features of remuneration for going to work on public holidays may be specified in your employment contract. But remember that the size of the "bonus" cannot be assigned less than twice. More is easy, but below is not. This is a direct violation of your rights.
Not base
It is worth paying attention to the fact that Art. 112 of the Labor Code of the Russian Federation (with and without comments) indicates another feature that should be taken into account by all employers. It is just that it is often simply not taken into account. Many unscrupulous companies know that not all employees are well versed in knowledge of the Labor Code and use this provision.
The thing is that the presence of non-working holidays in a given month is not a basis for reducing the wages of employees of the enterprise. That is, in any case, they must receive their salary. But if a person works on a public holiday, it is during this period that he has every right to apply for remuneration, expressed in double wages.
Rational use
Among other things, it is worth paying to the last paragraph of Art. 112 of the Labor Code of the Russian Federation. Despite the above rules and regulations, the authorities have every right at their discretion to postpone non-working days that are recognized as holidays for a given period. But only for the purpose of correct and efficient use of working time.
Moreover, all changes must be published and approved. The deadline for a preliminary review of upcoming changes also takes place. With such transfers, the government is obliged to publish in the public domain all information regarding upcoming changes on time, at least 2 months before the holiday. Otherwise, such “modifications” do not have legal grounds for compliance. There should be no secret in the transfer of holidays.
Comments
Commentary on Art. 112 of the Labor Code of the Russian Federation also plays a rather important role. They specify some points that may disrupt labor activity. We are talking about all the other holidays in Russia that were not listed in the first part of this article.
Please note that there are working days, which are considered, however, holidays. Most often, in this situation we are talking about professional events - for example, Teacher’s Day. This also includes religious holidays. All employees have the right to celebrate them, but the day off will not be officially provided for this.
This article in itself, as a rule, is valid for all organizations and companies that are registered in the Russian Federation. The established standards must be observed without fail. Otherwise, employees have the right to complain to the employer.
Not for all
However, in 2016 some more changes in the legislation came into force. The thing is that there are such categories of employees who are preparing for the World Cup in 2018, as well as for the Confederations Cup in 2017. And they, according to Art. 112 of the Labor Code of the Russian Federation, have their own rules for working on public holidays.
Which ones? The whole problem is that the standards provided for in this article do not apply to these citizens. Moreover, all the nuances of work in these areas are prescribed in the employment contract. Most often, holidays that are legally recognized as non-working days will be paid to such employees without a double salary. And no special privileges are provided.
It can be said that the workers involved in preparing for major events in Russia were simply unlucky. In practice, they will be forced to work, no matter what. It doesn’t matter which day - on a holiday or on a regular weekday. The fact remains that Article 112 of the Labor Code of the Russian Federation does not have a separate clause for this category of employees. So, carefully study both your employment contract and current legislation. Maybe your rights are grossly violated.
