Article of the Labor Code on holidays. Official holidays and weekends in Russia

Non-working holidays in the Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees, with the exception of employees receiving a salary (official salary), for non-working holidays where they were not involved in work, additional remuneration is paid. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not grounds for a reduction wages employees receiving a salary (official salary).

In order to rational use For employees on weekends and non-working holidays, days off may be transferred to other days federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Unlike other holidays, professional holidays and memorable dates, no work is performed on non-working holidays.

2. Attracting employees to work on non-working holidays is possible with the payment of additional remuneration in the amount and manner determined by this article, and only in exceptional cases (see commentary to Article 113 of the Labor Code of the Russian Federation).

3. The transfer of weekends and non-working holidays to other days is carried out in the manner established by the Government of the Russian Federation.

Second commentary to Article 112 of the Labor Code

1. Except for parts 1 and 2 of Art. 112 has been radically changed. Its new edition provides details regarding remuneration for work on non-working holidays, the procedure for determining its size, attributing these payments to labor costs, and the procedure for transferring days off if they coincide with non-working holidays.

2. The coincidence of a non-working holiday with a day off entails the transfer of the day off to the next working day after the holiday. Resolutions of the Government of the Russian Federation, which, as a rule, are adopted for the next calendar year, contribute to a uniform solution to the issue of postponing holidays.

Article 112 provides that the transfer of days off to other days due to the coincidence of non-working holidays is carried out for the purpose of rational use of these days by employees.

The commented article now provides that the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulations on the transfer of days off to other days during the calendar year is not excluded. It is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off. This rule will allow employees, members of their families and other citizens to plan and organize the use of free time on such days in advance.

3. The above rule for transferring days off is applied in organizations where work is not carried out on these days.

If the work and rest regime in an organization provides for work on holidays (in continuously operating industries, in organizations associated with daily services to the population, etc.), then weekends are not transferred (see Explanation of the Ministry of Labor of the Russian Federation dated December 29, 1992 N 5 // Bulletin of the Ministry of Labor of the Russian Federation. 1993. N 3).

4. In continuously operating organizations, as well as in the case of cumulative accounting of working time, work on holidays is included in the monthly standard of working time (see paragraph 1 of the Explanation of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions of August 8, 1966 N 13/P-21 // Bulletin State Labor Committee of the USSR. 1966. No. 10) (in accordance with Part 1 of Article 423 of the Labor Code of the Russian Federation, legal acts of the USSR are applied to the extent that they do not contradict the Labor Code).

5. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on non-working holidays is, as a rule, prohibited. Exceptions to this rule are contained in the same article.

Due to the need to serve the population, they establish, for example, store opening hours on holidays.

6. In Russia, where the population adheres to various religions, the establishment of the Orthodox holiday - the Nativity of Christ - led to the need to secure the right of adherents of other religions to also have their own holidays. Moreover, it guarantees freedom of religion, including the right to profess, individually or together with others, any religion. The legislation does not and cannot have any obstacles to the exercise of this right: corresponding non-working days can be established by the constituent entities of the Russian Federation in connection with holidays characteristic of other religions.

At the same time, it seems that the question of holidays non-working days, introduced for religious reasons, should be addressed at the level of federal law.

7. In addition to holidays, non-working days, Russia also has holidays that are not associated with the mandatory release of workers from work. These are, first of all, numerous professional holidays. The list of holidays, professional holidays and memorable days celebrated in the Russian Federation in 2004 was published in the Bulletin of the Ministry of Labor of the Russian Federation (see Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 10. P. 52; 2005. N 7. Art. 560).

The procedure for considering proposals from federal executive authorities to establish professional holidays and memorable days was approved by Decree of the Government of the Russian Federation of March 16, 2000 N 225 (SZ RF. 2000. N 12. Art. 1299; 2005. N 7. Art. 560). In accordance with it, proposals to establish professional holidays are submitted to the Government of the Russian Federation, taking into account consultations with all-Russian associations of employers, all-Russian associations of trade unions (Part 4 of Article 3 of the said Resolution).

Exemption from work on such days is often provided for in industry agreements and collective agreements.

8. Part 3 of Art. 112 for the first time provides for payment for non-working holidays not only for employees who receive wages on the basis of a fixed salary (official salary), the amount of which non-working days falling within the paid period did not and do not affect, but also for those whose wages are based on the actual output, labor costs. Lack of opportunity to work in established by law non-working holidays (and work on these days is usually prohibited - see Article 113) reduces their wages. Which is unfair in comparison with those whose work is paid on the basis of salaries (official salaries) and for whom the presence of non-working holidays in a calendar month is not grounds for a reduction in wages (see Part 4 of Article 112).

New edition of Part 3 of Art. 112 provides that employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for its payment are determined by the collective agreement or agreement. These issues can be resolved by a local normative act adopted taking into account the opinion of the elected body of the primary trade union organization (see Article 372). These issues can also be resolved in the employment contract. Apparently, with the help of an employment contract (i.e., individually), these issues can be resolved in the absence of corresponding norms in a collective agreement, agreement, or local regulatory act.

Work on weekends according to the Labor Code as a general rule it is prohibited, but there are exceptions - they are specified in this article. Attention is also paid to the concept of a day off and the list of holidays, and also the case of a citizen’s demand to cancel a non-working holiday is considered.

The concept of a day off according to the Labor Code of the Russian Federation

High-quality performance of work is not least due to have a good rest worker. An employee has the right to several types of rest time:

• vacation (including vacation without pay);
• holidays and weekends;
• daily breaks and rest between shifts.

Weekends, as stated in Art. 111 TK, is a continuous rest provided weekly.

The minimum period of a day off according to Art. 110 TK - 42 hours. At the same time, a different duration is established for workers in certain industries. For example, according to the Regulations on the peculiarities of working hours and rest time for communication workers, approved. By order of the Ministry of Communications of the Russian Federation dated September 8, 2003 No. 112, for shift workers the minimum rest period is 24 hours, but the average weekly rest time for the reporting period should not be less than 42 hours.

This provision applies not only to telecom workers. Thus, Rostrud, in a letter “On the possibility of reducing the duration...” dated January 20, 2014 No. PG/13281-6-1, explained that the use of summing up rest time and deriving the average time for the reporting period, by analogy with the provisions of Order No. 112, is also allowed for other categories workers, provided that establishing a different rest time is impossible due to production conditions. In this case, such summation must be enshrined in the local act of the employing organization.

Which days are considered days off: Saturday, Sunday or another day?

NOTE! In accordance with paragraph 17 of the resolution of the plenum of the Supreme Court “On the application of legislation regulating the work of women ...” dated January 28, 2014 No. 1, 4 additional days off when caring for a disabled child can be divided between parents at their discretion. That is, for example, the mother can use 1 day off, and the father the remaining 3.

At the same time, in the Rules for the provision of additional paid days off for caring for disabled children, approved. Government Resolution No. 1048 dated October 13, 2014, notes that unused additional days off in the next month can no longer be used.

Article 112: non-working holidays in the Russian Federation are...

The Labor Code established 14 holidays that are non-working days:

As stated in Part 7 of Art. 4 “On Freedom of Conscience and Religious Associations” of Law No. 125-FZ of September 26, 1997, additional non-working holidays can be declared in the constituent entities of Russia.

The procedure for establishing an additional non-working day boils down to the fact that a religious organization turns to government agencies with a request to declare a day falling on a religious holiday as a non-working day. The government agency reviews the application and makes a decision either to introduce an additional day in the region or to refuse the application.

For example, in the Republic of Tyva, the Law “On Holidays...” dated February 12, 1999 No. 143 established non-working days during the Shagaa and Nadym holidays. The Law of the Republic of Buryatia “On holidays...” dated December 23, 2008 No. 675-IV established a non-working day during the Sagaalgan holiday.

Case: in 2011, a citizen appealed to the Supreme Court of the Republic of Bashkortostan, who considered that the effect of Art. 1 of the Law of Bashkiria “On holidays and memorable days, professional holidays and other significant dates in the Republic of Bashkortostan” dated 02.27.1992 No. VS-10/RB infringes on his rights.

The article established additional non-working days on the days of Kurban and Eid al-Adha. The citizen referred to the fact that the article violates the rights of those professing other religions and atheists, and therefore the establishment of a non-working day due to the celebration of a religious holiday causes him moral harm and violates the right to work on the day of the holiday.

By the decision of the Republican Supreme Court in case No. 3-43/2011 dated June 27, 2011, the citizen’s application was denied. At the same time, the court noted that the publication of a rule on additional non-working days improves the situation of the employee, which is not a violation of the right to work. The rights of persons professing a different religion are not violated by law.

What to do if a weekend and a holiday coincide?

How to install TC, work on weekends and holidays, with some exceptions, is not permitted. In this regard, the question arises: what should an employer do if a non-working holiday coincides with a day off? The answer is contained in Art. 112 Labor Code: in such a situation, the day off is shifted to another date. There are 2 transfer options:

1. Applies to January holidays, i.e. Christmas and New Year holidays.
   The transfer of coinciding weekends is carried out by the Government of the Russian Federation. At the same time, it notifies the population about the days of transfer by issuing a resolution, which is published no later than November 1 of the previous year. For example, the decree “On the postponement of weekends in 2017” dated 08/04/2016 No. 756 has already been issued.
2. Applies to other holidays.
   In accordance with Part 2 of the Procedure for calculating working time norms, approved. By order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n, the day off is transferred to the next working day after the holiday.

The possibility of transfer does not depend on the work schedule, whether it is a fixed or flexible schedule, but it depends on the type of work performed by the workers. The Procedure notes that in production that operates continuously, or in servicing the population on a daily basis, i.e., under special organizational, technical or production conditions, the day off is not transferred.

Article 113 of the Labor Code - work on weekends and non-working holidays is usually prohibited

Work on rest days is prohibited. The exception is when the work is carried out due to certain circumstances:

Work on weekends according to the Labor Codenot allowed. However, there are some exceptions when employees may be required to perform work duties on weekends with or without their consent. We'll talk about them in our article.

Working on a day off according to the Labor Code of the Russian Federation

Every employee has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their days off. Involving them in additional work activities is possible if written consent to leave is obtained in advance. However, employees may refuse additional processing during non-working hours.

Work during additional hours must be documented accordingly. Necessary:

• obtain the employee’s written consent to go to work during holidays or weekends;
• familiarize the employee with the conditions of severance, including the right to refuse work in free personal time;
• notify the trade union body (if there is one);
• issue an order to perform overtime work, indicating the reasons, duration and persons involved.

Sometimes obtaining the employee's consent to perform work duties on weekends is not required. These are possible subject to the following conditions in accordance with Art. 113 Labor Code of the Russian Federation:

• if it is necessary to prevent the occurrence of unforeseen circumstances that could lead to catastrophic consequences, including accidents or damage to the property of the enterprise;
• the need to perform the work arose due to an emergency situation, including caused by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with young children under 3 years old) are involved in overtime work only with their consent. It is prohibited to use it on weekends and by minors.

Possible options for attracting people to work in their free time must be specified in the collective agreement and other internal local acts.

You will learn information about the preparation of other local documents at the enterprise from the article “Agreement on collective liability - sample 2017” .

Working conditions on weekends and holidays

If there is a need for overtime work, management issues an order to involve employees who have agreed to perform the work. It records the start date for overtime work on weekends. Whenever emergency situations going to work on weekends and holidays can also occur by verbal order from management (before the order is issued).

Carrying out work on weekends by disabled people or women who have children under 3 years of age is possible not only with their written consent, but also in the absence of medical contraindications to work overtime.

NOTE! If an employee works on an urgent basis employment contract lasting up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent even in the event of emergency situations (Article 290 of the Labor Code of the Russian Federation).

Pay for work on days off

Employees are entitled to compensation for the use of personal time spent working overtime. They have the right to choose:

• or take an additional day off and receive payment for work on a day off in a single amount;
• or agree to monetary compensation in double the amount based on the current tariff rate or in case of piecework payment (Article 153 of the Labor Code of the Russian Federation).

For those employees who are entitled to a fixed monthly salary, payment for work on weekends and holidays is made based on the daily or hourly rate, if monthly norm working hours (according to the Labor Code of the Russian Federation) are not exceeded. If the monthly working time limits are exceeded, payment for additional work on holidays and weekends is calculated at double the rate.

If an employee has requested time off, he must write a corresponding application.

The rules for calculating additional compensation for weekends and holidays do not apply to those whose regular schedule includes the possibility of working on holidays and weekends: employees with irregular working hours or shift work.

All additional conditions can be specified in the internal regulations on remuneration, the procedure for filling which you will learn from the article “Regulations on remuneration of employees - sample 2018” .

Sample consent to work on a day off

The forms of the document confirming the receipt of the employee’s consent to work extra time are not approved by law. Each enterprise has the right to develop its own form.

A sample of an employee’s written consent to work on weekends and holidays can be downloaded on our website.

Results

In some situations, work during periods intended for rest (holidays, weekends) is necessary to maintain normal operation enterprises. However, in most cases, employees must voluntarily agree to perform work duties outside of normal working hours. Additional work on weekends is prohibited for certain categories of employees (pregnant women, minors).

In accordance with Art. 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are: January 1-5 - New Year holidays;

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

At the same time, wages due to non-working holidays for persons receiving an official salary are not reduced. For other categories of employees, additional remuneration is provided, the amount of which is established by local regulations of the organization or an employment contract.

By general rule Work on weekends and non-working holidays is prohibited, except in cases provided for by the Labor Code of the Russian Federation.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

The law establishes that hiring employees to work on weekends and non-working holidays without their consent is permitted only in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work under emergency circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases threatening the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is allowed in the manner established by the collective agreement, local regulations, or employment contracts.

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Involvement of disabled people and women with children under 3 years of age to work on weekends and non-working holidays is permitted only if this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation. At the same time, disabled people and women with children under 3 years of age must be informed, upon signature, of their right to refuse to work on a day off or a non-working holiday.

Employees are recruited to work on weekends and non-working holidays by written order of the employer.

ST 112 Labor Code of the Russian Federation.

Non-working holidays in the Russian Federation are:

• 1, 2, 3, 4, 5, 6 And January 8- New Year holidays;
• Jan. 7- Nativity;
• February 23- Defender of the Fatherland Day;
• March 8- International Women's Day;
• 1st of May- Labour Day;
• 9th May- Victory Day;
• 12 June- Russia Day;
• November 4- Day of National Unity.

If a day off coincides with a non-working holiday, the day off is transferred to
the next working day after a holiday, with the exception of weekends coinciding with
non-working holidays specified in paragraphs two and three of part one of this
articles. The Government of the Russian Federation is postponing two days off from the number of days off
coinciding with non-working holidays specified in paragraphs two and three of part
first of this article, on other days in the next calendar year in the manner established
part five of this article.

Employees, with the exception of employees receiving a salary (official salary),
for non-working holidays on which they were not involved in work, they are paid
additional reward. The amount and procedure for payment of the specified remuneration
determined by a collective agreement, agreements, local regulations,
adopted taking into account the opinion of the elected body of the primary trade union organization,
employment contract. Amounts of expenses for payment of additional remuneration for non-working
Holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not a basis for
reduction of wages for employees receiving a salary (official salary).

For the purpose of rational use by employees of weekends and non-working holidays
days off days may be transferred to other days by federal law or regulation
legal act of the Government of the Russian Federation. At the same time, the normative legal act
Government of the Russian Federation on the transfer of days off to other days in the next
calendar year is subject to official publication no later than a month before the
the corresponding calendar year. Adoption of regulatory legal acts of the Government
Russian Federation on the transfer of days off to other days during the calendar year
permitted subject to the official publication of these acts no later than two
months before the calendar date of the established day off.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Part 1 of the commented article establishes all-Russian non-working holidays. Taking into account the division of powers between federal government bodies and government bodies of constituent entities of the Russian Federation in the field labor relations and other directly related relations, subjects of the Russian Federation have the right to establish additional non-working holidays, in addition to those established in Part 1 of the commented Article 112 of the Labor Code of the Russian Federation. This is of particular importance in a multinational and multi-religious state, such as Russian Federation. Replacing certain non-working holidays provided for by federal law with other days would be contrary to the Labor Code of the Russian Federation (see also the commentary to it).

2. In accordance with parts 3 and 4 of the commented article, non-working holidays are subject to payment. For employees whose remuneration system provides for monthly payment of salary (official salary), if there are non-working holidays in a calendar month, the amount of wages for that month is not reduced. Under other remuneration systems, for non-working holidays on which employees were not involved in work, they are paid additional remuneration. The procedure for establishing the amount of remuneration is specified in Part 4 of the commented Article 112 of the Labor Code of the Russian Federation.