According to the Labor Code of the Russian Federation, weekly rest is given to each employee. It is at least 2 days in a five-day working week and one in a six-day one. By law, rest should be at least 42 hours a week. Extra work on weekends should be paid in double size.
Most often, Sunday is a weekend. The second free day is regulated by the collective agreement or internal organization schedule. As a rule, with a working week of 5 days, 2 days off follow each other. With a shift schedule, weekends are also determined by the internal schedule and can be provided on weekdays. In what cases are extra days off? Let's figure it out.
Weekend work
Work on officially accepted days off is prohibited by the Labor Code. There are certain rules. It is possible to call an employee on his legal holiday only with the written consent of the latter and only in certain cases listed below.
- In case of accident at work or natural disaster to eliminate the consequences.
- In order to prevent an accident.
- For the execution of ultra-urgent tasks, on which the work of the organization as a whole depends.
- Workers in creative professions.
- Individually and exclusively voluntarily by the employee.
Who gets extra days off?
Limitations
People with disabilities and women with young children can be brought to work on a free day only if this type of work is not prohibited by doctors. Each employee must sign a document stating that he has the right to refuse to go to work on his legal holiday.
Special categories
There are special categories of people who are given extra days off. Such categories include parents or guardians of children with disabilities, women working in agricultural areas, workers in the Far North, as well as people combining study and work.
What is regulated?
The issue of receiving an additional free day is regulated by the labor legislation of the Russian Federation, specifically article 262. This document states that parents or guardians of children with disabilities can receive additional free days. At the same time they are paid by the federal insurance service. Additional days off are provided for the fulfillment by the above category of citizens of their parental responsibilities. The basis for their provision is a written statement of the employee.
Section 262 of the Labor Law states that those with custody of a disabled child are granted 4 additional free days per month. Not only parents can receive an extraordinary day off, but also trustees or guardians. If there are several latter, then the weekend can be divided at their discretion. Women who work in the village are entitled to one extraordinary day off work per month. We will talk about how to pay for additional days off.
How and when can I get an extra weekend?
Additional free days are not provided to the following categories of citizens:
- Citizens on basic paid leave.
- Citizens on extra leave.
- Citizens on maternity leave.
If the additional day off coincided with the employee being on sick leave, it is possible to transfer it to another day in the same month. This can be done only under the following conditions: the employee must go to work and provide a disability certificate in the current month. That is, if the employee did not use his additional day off, say, in March, this day off will not be postponed to April. You can start using the right to an extra weekend from the period when the child was assigned an invalid group. This right ends upon reaching the guardianship of an adult age or when removing the category of disability.
Parent Confirmation
If both parents or several guardians receive paid additional days off, you must confirm that one of them has not chosen the rate of days. For this, a certificate from the employer is provided. It can be taken from the place of work of the second guardian or parent. This type of benefit is monthly, which means that an application for an extra weekend will need to be written every month. But there are a few exceptions, for example, if the parent:
- lonely (with documentary evidence);
- listed as missing, deceased or limited in rights to a child;
- dwells in places of deprivation or restriction of liberty;
- He has been on a long business trip for more than one month.
All of the above facts must be documented and attached to the application for an additional weekend. What else is worth considering? What does an extra day care for a child suggest?
Required documents
In addition to the certificate that the second parent or guardian did not receive the extra weekend, you need to provide the following set of documents:
- A certificate confirming the fact of a child’s disability.
- Confirmation of registration of a disabled child at the place of residence.
- Birth certificate, custody or adoption, that is, any document confirming the right to perform parental duties.
These documents are provided one-time for the period specified in them. If the certificate is issued for a year, then it is valid once a year. Original documents are returned after familiarization with the employee.
Payment for additional days off is made only for disabled children and is calculated by the average salary for the past year. Women working in the village are not paid extra days off.
The number of extraordinary days off does not depend on the number of disabled children in care of one family. Below we will consider in more detail the issue of providing citizens with additional free days.
Extra weekend care for a disabled person
From the nuances of the documents necessary when applying for an extra weekend, it should be noted that in addition to the certificate of disability of the child, you will also need to get a certificate from the local social protection authorities with information that the child is not in special. institution, that is, is not under the care of the state. Moreover, the content in boarding schools of five-day and six-day type does not apply to this rule.
If one of the parents is not officially employed or is engaged in providing himself with work independently (for example, in the case of an individual entrepreneur), then the second working parent provides a certificate stating that his spouse is unemployed or provides himself with work independently. Only subject to the provision of such paper, the working parent will be allocated and paid the required 4 days off from work per month. If one of the spouses takes the weekend partially, then the second can take the remaining paid weekend upon presentation of the above certificate.If one of the parents is on vacation or maternity leave, the second parent can use the right to provide additional free days.
Average earnings are calculated by dividing the wages accrued for the billing period by the number of working days in that period based on the average length of working time, in accordance with the legislation of the Russian Federation.
Weekends for rural workers
As described above, rural workers are provided with a written request 1 extra day off per month without payment. Moreover, an employee may require an additional day off under the Labor Code without indicating a reason. Since a priori it is assumed that this day will be dedicated to family and children. According to the law "On urgent measures to improve the situation of women, the family, and the protection of motherhood and childhood in the countryside," the employer does not have the right to refuse an employee.
An order is issued for additional days off.
It is possible to specify the procedure for providing an additional day off, either by drawing up a statement on a monthly basis, or by determining the number of additional days required at the beginning of the year, six months, a quarter, etc. The refusal of the employee’s legal right to receive a day off from work may serve as a reason for applying to the labor commission for further proceedings, including judicial ones. After all, such a refusal is an illegal violation of the rights of employees.
Rules for Far North Workers
According to article 319 of the Labor Code of the Russian Federation, parents working in the Far North or in areas equivalent to it are given one extraordinary unpaid day off per month. This rule applies to those children whose age does not exceed sixteen years.
As in the case of village workers, the above category of citizens, the employer is not entitled to refuse to receive one additional free day per month. If an employee of this category has several children, the number of days does not increase. It will be only 1 day per month. As in the case of parents of children with disabilities, a day off is provided not only to parents, but also to legal representatives: trustees or guardians. The procedure for providing an extraordinary free day is exactly the same as in all previous cases, at the request of the employee and upon presentation of a certificate of non-use of the day off by the other parent.
Extra weekend for those who combine work and study
Employees who combine higher education with work are entitled to an additional weekend under the Labor Code. However, they are partially paid. An employee who is studying in absentia or in the evening in accredited higher education institutions, 10 months before reaching the graduation thesis, shortens the working week by 7 hours or offers one day off. At the same time, 50% of average earnings are paid, but not lower than the minimum wage. This category includes not only university students, but also state-accredited institutions where secondary vocational education can be obtained.
Conditions for providing a day off from work or reduction of working time among the week:
- If the education is obtained by the employee for the first time.
- If a person studies in several educational institutions at once, free time is provided for training in only one educational institution of the choice of an employee.
Calculation, as in previous cases, is made by calculating the average earnings. An extra day of rest is laid for work on the day off.
Characteristic features of getting holidays in individual industries
There are some sectors of the economy in which there are certain features in obtaining days off and paying for them. For example, this applies to the civil aviation sector of the Russian Federation.For example, if a dispatcher was brought to work on a legally free day, he would be offered another day to rest, since there is a statutory regime for the distribution of working time and rest of employees who manage air traffic.
Women working in the field of mechanical engineering and raising a child under the age of sixteen are given one extraordinary free day for a month without payment. The same applies to women workers in the field of transport construction.