Work on the weekend is an exceptional measure applied by the employer in cases stipulated by law. Some categories of workers are involved only with their consent, and payment benefits are also provided.
Legislative definition
Weekends and holidays - periods of time when employees have the right to rest. They are established by law, and employers do not have the right to ignore them. If, due to circumstances or the nature of the work, one still has to work on such days, compensation mechanisms are activated.
Now let's talk a little about what weekends and holidays are. They are different legal categories, although people confuse them.
Weekends
The first group includes time allocated to rest on a regular basis. A standard is a schedule of 5 working days following each other in a row. Then a two-day rest is given. Formally, the common day off is Sunday, the second most often Saturday. The activities of the organization can be built in such a way that the weekend falls on another time. For example, MFC employees rest on other days so that citizens have the opportunity to use its services.
The law does not prohibit the establishment of a working week of 6 days.
Holidays
Holidays are the dates on which significant events occurred, celebrated at the state level, and when employees are given a day off.
They are listed in Art. 112 shopping mall. In addition to federal holidays, similar days are set at the regional level. Calendars with such dates in the regions differ due to national, cultural or religious particularities.
Payment scheme
Work on weekends and holidays is paid equally. The main condition is the double size of charges. It is allowed to choose another form of compensation - an additional unpaid day off. Sometimes it’s more profitable to agree to it. After all, it is given for the whole day, regardless of the number of hours worked.
If an employee has chosen an additional day of rest, they will be submitted an application for its provision with an indication of the date.
An order is issued at the enterprise, and the employee is introduced to it under signature. The TC provides for a number of payroll schemes:
- piecework work;
- tariff work (hourly or daily rate);
- if accruals are made according to salary, the daily or hourly rate is calculated for calculations.
Payment is made for the actual hours worked.
Thus, work on weekends or on holidays gives a substantial increase in salary.
Collective agreement and internal acts
A collective agreement may establish a different calculation scheme that does not worsen the situation of workers. That is, the employer has the right to increase compensation for work on a day off, but not to reduce its size.
If instead of cash payments only an extra day is provided for rest, this is also considered a violation.
Without making any reservations to the collective agreement, the employer has the right to establish additional payments solely by his order. Changes to the agreement with employees can only be made by mutual agreement, while the director or manager has the right to cancel his own acts on his own. Therefore, it is easier to issue an internal order, which is then canceled if after some time there is no money for additional payments.
In general, preference is given to the bonus system. Employees make additional accruals in addition to those that are required by law.
How is it made out
Work on weekends or holidays is based on the order of the employer.
Despite the absence of formal requirements, the content of the order has the following points:
- goals for attracting employees;
- days on which they are scheduled to be called;
- Payment options for work on weekends or holidays.
It is considered advisable to compile a list of employees to be attracted.
In a large organization consisting of a number of units, a separate order is issued for each. Coordination of such actions with the head office may be provided.
An employee is considered familiar with the order if a receipt is taken from him. In enterprises, especially large ones, posting ads is practiced. Nobody in any documents asks for any documents.
In general, according to the Labor Code of the Russian Federation, work on the weekend is completely settled.