Recruitment to work on weekends and holidays

Labor legislation does not establish special requirements that the hiring date coincide with a working day according to the production calendar. The date indicated in the employment contract as the start of work is one of the mandatory conditions of this document. And all the terms of the employment contract can be determined by agreement of the parties. Therefore, the parties to the employment relationship can agree that the date of concluding the employment contract falls on a weekend or holiday. In this article we will look at whether it is possible to hire someone on a day off and how to do it correctly.

Is it possible to work on a day off?

The date of acceptance of the new employee in the order and the start date of work under the employment contract must match. But the date the employee was hired and the date he actually left may differ. This is due to the fact that the actual day of release is determined by the company’s work schedule or the personal work schedule of the new employee.

If an employment contract is concluded on a holiday, then the day of going to work is considered the next working day from the date of entry into force of the employment contract (61 Labor Code of the Russian Federation). For example, if the employment contract and the order indicate the start date of work - January 1, and the employee is not planned to go out on this day, then the first working day after the New Year holidays will be the day off from work. Moreover, this date may or may not be indicated in the contract. Then the employee will have to start work on the first working day from the moment the contract is signed (Read also the article ⇒ Order on working on weekends).

Reasons for hiring

Employees are recruited to work on weekends and non-working holidays if it is necessary to perform unforeseen work, the urgent execution of which subsequently determines the normal operation of the organization as a whole or its individual structural divisions, or an individual entrepreneur (Article 113 of the Labor Code of the Russian Federation). Here, the written consent of the employees is sufficient.

But in other cases, the employer is obliged to take into account the opinion of the elected trade union body. If the organization has not created one, the employer makes the decision to work on such days independently.

An exception to the general rule is established for creative workers in 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, as well as professional athletes . The involvement of this category of workers is permitted in the manner established by collective agreements, local regulations and employment contracts.

In addition, it is allowed to attract employees to work on weekends and non-working holidays without their consent 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 in emergency circumstances, that is, 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.

Please note that involvement in such work is only possible in situations that threaten the life or normal living conditions of the entire population or part of it.

Shift work schedule

Dates such as hire date and start date may not be the same. Some employers have the right to set a shift work schedule for their employees. The need for such a schedule may be due to the continuity of the production process and the most efficient use of equipment. If an employee works on a shift schedule, then:

• the date of entry to work during employment may not coincide with a working day of the production calendar (the release date in this case will not depend on whether this day falls on a working day according to the five-day production calendar or falls on a weekend);
• with a shift schedule, a summary record of working time is kept, and days off are provided in accordance with the shift work schedule;
• the first working day may fall on a day off provided for in the production calendar with a five-day work week.

Important! Weekends under this operating mode are set according to the schedule. An agreement with an employee can be concluded in advance, before the start of fulfillment of obligations under the agreement, or later, but within the time limits provided for in Art. 67 Labor Code of the Russian Federation.

Principles for shortening pre-holiday days

1. The pre-holiday working day, subject to reduction by an hour, must occur right before the holiday. For example, if a holiday falls on Monday, then the working day on Friday will not be shortened.
2. All employees can take advantage of the right to a shortened working day, regardless of their usual work hours, even those who work only one hour a day. That is, on the day before the holiday they do not need to go to work at all.
3. If work and non-work days are replaced before a holiday (for example, any day of the work week and Saturday are swapped), then working Saturday will be a pre-holiday day only when it immediately precedes the holiday.

Similar articles

• Shortened pre-holiday day for part-time workers
• Order on pre-holiday shortened working day
• How to work on a holiday day
• Work on holidays according to the Labor Code
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Date of the employment contract and date of the hiring order

One of the required documents when hiring a new employee is an order. The order is issued by the manager on the basis of the employment contract concluded with the employee. Sometimes employers allow a new employee to work on a day off even before concluding an employment contract. This is due to the fact that the work schedule of the personnel department may be a five-day work week, and the schedule of other employees may be shift. However, despite this, the employer must comply with the following deadlines:

• an employment contract must be drawn up within 3 days from the date the new employee starts working;
• an employment order should be issued within 3 days from the moment the relationship with the employee is recognized as labor.

Important! If the contract and order are issued after the employee has started work, then the documents must indicate the actual start date of work.

The agreement comes into force from the moment of its signing . The start date for the employee to perform his duties will depend on what conditions the employment contract contains (61 Labor Code of the Russian Federation):

1. If the start date of work is specified in the employment contract, then the employee begins work on this date.
2. If the employment contract does not specify the start date of work, then the start date of work is considered to be the next day after signing the contract.

How are days off paid?

It is not enough for an employer to take into account the current rules on how work on weekends is formalized. It is important to pay for off-hour shifts in accordance with legal requirements. They are set out in Art. 153 Labor Code of the Russian Federation. It follows from the provisions of the regulatory act that the company transfers remuneration for an “extra” day at least double the amount. It has the right to provide for a higher rate, enshrining this rule in local acts and a collective agreement.

From the text of Art. 153 of the Labor Code of the Russian Federation it follows that, regardless of the reason for working on a day off, an employee has the right to ask for a day off at a time convenient for him instead of additional pay. In this case, the remuneration for the “extra” day is transferred in a single amount, and the additional rest is paid. This algorithm is applied if a specialist provides management with a written statement confirming his initiative, and the enterprise administration agrees with it.

Work on weekends: payment according to the Labor Code of the Russian Federation

Procedure for applying for a job

When hiring a new employee, the employer must follow certain procedures and complete the necessary documents. The employer's procedure will be as follows:

Payment for a day off

The employer decides how wages will be paid for the day off. This can be payment for each hour of work, or payment for the whole day. You need to secure the payment method in the company’s local documents.

The method of payment will depend primarily on what form of payment is determined for the employee. For example, for those employees whose salaries are paid on a piece-rate basis, compensation for work on days off should be set at least double the piece-rate markup. If employees are paid a salary at a tariff rate, then the amount of compensation should be double the tariff rate.

When an employee’s monthly work quota is not exceeded, days off are paid at a single rate.

The employer determines the amount of compensation independently, based on how production-related the work on the weekend was and based on the length of the working day off.

An order is also issued regarding payment for working days off.

Instead of wages, an employee has the right to receive time off for a day off worked. To do this, he must write a statement. If the manager agrees to provide a day off in exchange for a day worked, he puts a resolution of agreement on the application. After this, an appropriate order is issued.

Thus, the involvement of workers, if necessary, to work on a day off can be carried out, but regularly. In this case, the employee has the right to refuse to work on a day off, and if he agrees, receive double pay or time off for this. To attract an employee to work on weekends, it is important for an employer to comply with the requirements of the law, according to which it is important to correctly draw up an order for work on weekends.

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Otherwise, the employer can be held accountable for violating labor laws, which may result in an administrative penalty in the form of a fine:

• 1,000 – 5,000 – for officials and entrepreneurs;
• 30,000 – 50,000 rubles – for organizations.

Hiring date in the work book

All entries in the work book are entered in chronological order. The employment record is made on the basis of the order of the manager. The following information is indicated:

• name of the employing company (full and abbreviated in accordance with the constituent documents);
• the main employment record indicates the position for which the employee is hired, according to the staffing table;
• in the second column you should indicate the date of hire (entered in Arabic numerals);
• There is no need to put a signature and seal certifying this employment record. The entry is certified only when information about the dismissal of the employee is entered.

Important! An entry in the work book must be made within 5 days from the start date of the new employee.

Documenting

To avoid labor disputes with a subordinate, the employer must take a responsible approach to documentation. The Labor Code (Part 2 of Article 113) requires the employee’s consent in writing . It will not be possible to reach an agreement in words.

In addition, you first need to create a memo that the HR department sends to the director of the organization from the head of the department whose employee is called to work on his day off. It is necessary to indicate sufficiently compelling reasons to justify such a need .

Be sure to indicate the employee’s details and the day, as well as the exact period of time when he will be at work.

Sample memo:

When the memo is drawn up, it is time to issue a written notice. It methodically explains the type of work to be done, outlines the employee’s rights and indicates what caused the urgent need to work on a day off.

It is also advisable to indicate the forms of incentives that the employee will receive . This could be financial compensation or an additional day of vacation.

Sample notification:

If the documentation process is violated or management is negligent in respecting the employee’s right to rest, then in the future there is a chance to receive a fine if such errors are discovered by the labor inspectorate.

Consent to work

There is no general template for formalizing consent, so it should be written in free form. But there are universal requirements for a working document, which must still be indicated in it without fail.

The header of the document should contain the following content:

1. addressee: name of the organization, position, full name of the head;
2. information about the author of the document.

In the main text it is worth mentioning:

1. the fact that the employee agrees to go to work on a strictly defined day;
2. the employee is aware that he has the right to refuse to work on a day off;
3. The employee has no medical restrictions due to health reasons.

Example of consent:

To draw up the document, you can use the company’s letterhead or on any ordinary paper ; there are no special requirements. The employee can even write the consent by hand, the main thing is that he gives voluntary consent to work on a day off. It is better, however, to print such an important paper on a computer in advance.

The document is drawn up in two copies, one of which remains in the hands of the employee, the second in the personnel department or the boss.

Sample order

After all formalities have been settled, you need to issue an order.

Sample order for work on a day off:

Procedure for applying for work on a day off

If the date in the employment contract and in the employment order indicates the start date of work on a holiday, then this should be formalized as inviting the employee to work on a day off. Therefore you will need to do the following:

1. Obtain consent from the employee to work on a holiday.
2. Issue an order requiring an employee to work on a day off;
3. Mark the employee's time off on a holiday on the timesheet.
4. Pay for this day in accordance with the rules of labor legislation (153 Labor Code of the Russian Federation).

If the new employee is not planned to go on a day off, then the contract specifies a different date, or it is not indicated at all. Then the employee will have to start work on the next working day after signing the employment contract. If the date is specified in the contract, but there is no order to hire a new employee to work on a weekend, then the employee must begin his work activity not on the weekend, but on the next working day.

When does an employer have the right to have staff work on weekends?

In Art. 113 of the Labor Code of the Russian Federation states that the employer does not have the right to force staff to work on the “red days” of the calendar if the employees were not initially hired on such a schedule. There are two exceptions to this rule:

1. Employees leave when necessary, subject to their consent

Involving employees to work on weekends is permissible, subject to their acceptance, if there is a need to complete urgent, urgent tasks, ignoring which threatens the normal functioning of the business.

2. Mandatory exits without obtaining the consent of specialists

In Art. 113 of the Labor Code of the Russian Federation states that a company has the right to oblige employees to work shifts on weekends without their consent if the following circumstances occur:

• preventing an accident or combating its consequences;
• preventing loss or damage to valuables belonging to the organization or the state;
• execution of tasks arising in connection with the introduction of a state of emergency (martial) in the country or in the region.

For creative workers (actors, artists, journalists, etc.) special rules apply. A regulation on working on a day off is being developed, valid within a specific organization and enshrined in its internal regulations.

The Labor Code of the Russian Federation limits the right of organizations to involve persons with disabilities and women raising children under three years of age in overtime work. They can go on shift if their health condition allows them to work after hours, which is confirmed by a medical report. The employer is obliged to notify these categories of persons in writing of the right to refuse “extra” working days without the threat of sanctions from management.

Important! Current legislation establishes that holidays are such for all categories of workers, including shift workers. If an employee’s departure falls on a public holiday, he is paid in double the equivalent, regardless of what schedule the citizen works on.

Sample sign for store opening hours

I have been cooperating with this company for a long time. We are always ready to help and resolve any legal or accounting issue. All employees have extensive experience. I have convinced myself of this more than once.

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We will tell you in our material how to notify employees about this and how to write an announcement about a shortened pre-holiday day.
Should I write an announcement about the pre-holiday day? We considered in a separate consultation the question of whether it is necessary to issue an order to reduce the pre-holiday day. The issue of declaring a pre-holiday working day is resolved in a similar way: the employer has no obligation to announce to employees that the working day will be shortened. Therefore, he decides at his own discretion whether or not to notify employees that the pre-holiday working day is shortened by 1 hour. An announcement to employees about the peculiarities of work on a pre-holiday day can be delegated to the responsible employee of the accounting department or the human resources department, and can also be done by them at their own discretion.

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