Postponement of a working day at the request of an employee of the Labor Code of the Russian Federation
What does the law say? The main legal act that regulates this issue is the Labor Code of the Russian Federation. It approves the main points regarding the working period regime. In addition, this codified act enshrines the right of the employee and the employer to change it by agreement. The Labor Code of the Russian Federation lists the reasons for unilateral transformation of the operating mode. In the Labor Code of the Russian Federation, the working period regime is regulated by Art. 100. Paragraph 15 of this norm approves the rule on the possibility of changing it. Moreover, the legislator gives the right to make such changes both in relation to all employees and selectively. Labor Code of the Russian Federation In paragraph 16 of Art. 100 of the Labor Code of the Russian Federation defines the process of transforming the working period regime by decision of the parties. You can perform such actions at any time. Transformations may affect the start of the working day or the regime as a whole.
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The most awaited time for an employee is vacation, but even this may not be on time. In this case, is it possible for an employee to transfer his legal vacation to the time he needs?
Important However, it should be remembered that the vacation schedule is a document, non-compliance with which is a violation. Therefore, in order to avoid a fine under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, a number of documents should be completed correctly and in a timely manner. ...
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Order to move
So far, the legislation has not prescribed a general standard for writing an order for the transition to a new regime. Managers, using minimal legal knowledge, write them arbitrarily. But there is still a list of information without which the order will not be valid:
- Locality;
- Document Number;
- Full name of the organization;
- The day, month and year in which the document was drawn up;
- The essence of the order, some provisions on the future working hours;
- The basis for drawing up the order;
- Information about the persons responsible for fulfilling the terms of the order, their ranks and full last name, first name and patronymic;
- Date and signature of the manager.
Sample order to change employee schedule:
The HR department should not have a question about how to formalize a change in an employee’s work schedule. The basis is an order from the head of the organization. According to it, a work schedule is formed, taking into account the new regime.
Both the employee and the manager can adjust the conditions. Based on the articles of the Labor Code of the Russian Federation, you can easily draw up a statement about changing the regime.
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Every organization must have a schedule of working hours and days off. But sometimes there is a need to work on a weekend. In this case, the rest time is transferred to another day. In this case, you need to issue an order to transfer the day off to another day.
Is it possible to postpone a day off by decision of the organization’s management?
Labor Code of the Russian Federation (the need to perform unforeseen work), if the organization has an elected body of the primary trade union organization, the consent of this body will be required. According to part one and part three of Art. 153 of the Labor Code of the Russian Federation, work on a day off is paid at least double, and only at the request of an employee who worked on a day off, along with single pay for such work, he can be given another day of rest. Consequently, the provision of another day of rest instead of increased pay also requires the consent of the employee. Thus, for such a “transfer” of a day off, written confirmation will be required that each employee agrees to go to work on December 28, 2013.
and wishes to use the day of rest on December 31, 2013. We believe that the employee’s will to do this can be expressed by signing his consent on the employer’s order.
Reasons for postponing vacation at the employee’s initiative
Here, employees are also able to influence this condition when there are no grounds for their unilateral change by the employer. How to change? General rules and procedure Changing the working period schedule is carried out differently depending on the basis for the implementation of such transformations.
Info So, if transformations are carried out by mutual decision of the employees and the employer, then it is necessary to draw up new additional agreements. They may differ depending on the procedure for approving working hours in the documents of a particular company. Attention If changes are made to the PVTR, an order is issued to take appropriate actions, then an agreement is drawn up. The new regime will be valid for the employee from the date of signing the additional agreement. This is very important, especially when the changes affect more than one employee.
Additional day off from the company
Government of the Russian Federation dated September 24, 2015 No. 1017) “another day of rest” if they are brought to work on a day off later than a day off from work. If you choose this option, being hired to work on a day off must take place before the day you are released from work.
Important! When providing an additional day off without payment, the employer, in fact, unilaterally introduces part-time working hours for employees, which is allowed either by agreement of the parties (Article 93 of the Labor Code of the Russian Federation), or in exceptional cases on the initiative of the employer with mandatory notification of employees about upcoming changes to the conditions of the employment contract determined by the parties, as well as about the reasons that necessitated the need for such changes, in writing no later than two months in advance (Article. Therefore, the provision of another day of rest instead of increased pay also requires the consent of the employee. Thus, for Such a “transfer” of rest time will require confirmation that each employee agrees to go to work on a day off in December and wishes to use the rest day on December 31, 2010. We believe that the employee’s will to do this can be expressed by putting his consent on the employer’s order. 3. Offer employees to take leave without pay for one day on December 31. In accordance with part one of Art. 128 of the Labor Code of the Russian Federation, leave without pay can be granted to an employee upon his written application for family reasons or other valid reasons. In this case, the duration of such leave is determined by agreement between the employee and the employer.
Encyclopedia of solutions
It happens that an employer wants to release employees from performing work duties on a day that is a working day for them in accordance with the schedule established by him (for example, on the day before a non-working holiday or on a day when a corporate or professional holiday is celebrated).
It must be remembered that providing employees with additional days off, not established by labor legislation and internal labor regulations, does not allow the development of standard working hours and entails a reduction in wages. Therefore, such days must be paid by the employer, which is confirmed by judicial practice (see, for example, the section “Cases on reinstatement at work” from the Review of Cassation and Supervisory Practice in Civil Cases for 2002). According to Rostrud, set out in letter No. 5202-6-0 dated December 19, 2007, payment for an additional day off established by the employer should be made based on average earnings. The payment condition must be included in the order (local regulation) to provide additional time off.
Postponement of a working day at the request of an employee nr RF
However, the main and mandatory document of the employer that determines the working hours is the Internal Labor Regulations. As we understand, you have this document in your company.
And, we hope, you have fulfilled the requirement of the law to familiarize employees with this local regulatory act when hiring (Part 3 of Article 68 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation). Therefore, your employees know that they work a five-day work week with two days off: Saturday and Sunday, and plan their free time according to their work schedule.
NOT FORGET! Reflect in the employee’s employment contract the regime of working hours and rest time, if they differ from the general rules established by this employer. And in such a seemingly stable situation, the employer, for no apparent reason, unilaterally decides to swap the places of “day off” and “working” " day.
That is why it is necessary to carefully comply with all regulations of the legislator. If the procedure is violated, unfavorable consequences for the employer may occur.
Notice (sample) All affected employees should receive notice. This fact is confirmed by their painting. If an employee refuses to receive a notification, then this circumstance should be recorded in an act.
Notice in such a situation is sent by mail with return receipt requested. Example: Order (sample) An order in the process of changing the regime is issued in 2 cases:
- the need to make adjustments to the PVTR;
- the employer makes changes unilaterally.
In the first case, the order is necessary, since it confirms the fact of making a change to the local act.
Those employees who do not agree to such a “transfer” must be provided with work by the employer on their working day, December 31, 2013. Moreover, vacation is one of the types of rest time during which the employee is free from performing work duties (Article 106, Art. 107 Labor Code of the Russian Federation). Therefore, the employee should not go to work on any of the vacation days, whether weekends or workdays.
Therefore, on December 31, an employee who is on vacation on that day should not work under any circumstances. Otherwise, we should be talking about recall from vacation with the consent of the employee and the obligation of the employer to provide him with the unused part of the vacation at another time (part two of Article 125 of the Labor Code of the Russian Federation). The answer was prepared by: Expert of the Legal Consulting Service GARANT Chashina Tatyana Response quality control: Reviewer of the Legal Consulting Service GARANT Voronova Elena December 23, 2013 It indicates the reason for the transformation - the need to transform the working hours. The manager also makes an order to approve the PVTR in the new edition and conclude appropriate agreements with employees. In the second case, the order to change the working hours must necessarily indicate the reason for the unilateral change in this condition. It also contains the text of the transformations. If the working hours are approved in the PVTR, then in this order you can make an order to amend the local act.
Example of an order: Additional agreement (sample) An additional agreement is approved in accordance with the general procedure. The document itself is drawn up according to the same rules that we discussed above.
If employees do not agree If employees still do not agree to carry out their labor function in the new conditions, then they will be offered vacant positions at this enterprise. An example of an application for parental leave for a child up to 3 years old. Postponing your vacation can be a kind of extension. This is possible if:
- During the vacation, the employee performed government duties. For example, he was at military training, was a member of the election commission, was a juror at a court hearing, etc. for which a subpoena, summons and other relevant documents can serve as supporting documents;
- The employee fell ill while on vacation. Having a sick leave certificate in hand, he has the right to turn the days of his illness into additional days of rest.
You can either postpone them to a later time, or extend an already started vacation without going to work on the appointed day. In the first case, you will need to write a corresponding statement, in the second it will not be needed - you will only need a sick leave.
It's fast and free! Table of contents:
- Main reasons
- Reasons for refusal
- Design rules
Main reasons The Labor Code of the Russian Federation allows for the transfer of leave at the request of an employee for several reasons:
- family circumstances;
- extension of maternity leave;
- need for child care (provided to the mother until the child reaches the age of 3 years).
- annual paid leave was not paid to the employee on time;
- the employee was notified of the vacation later than two weeks before it began.
In case of special circumstances related to caring for a child (for example, if he is very sick), by agreement with the management, it is possible to extend the leave for up to 4 or 4.5 years. But this is a separate topic, because... The legislation currently only considers a three-year period.
Features of transferring a day off
The order must indicate the basis for postponing the day off. And this reason should be quite significant. In most cases, the transfer must obtain the employee's consent. But in exceptional situations, consent is not necessary. These cases are recorded in Article 113 of the Labor Code:
- Performing work resulting from martial law or a state of emergency.
- The need to prevent an emergency, accident or disaster.
- Elimination of the consequences of a disaster or accident.
Transferring a day off requires documentation. You need to take the procedure quite seriously, as well as any adjustments to the specialist’s schedule.
Sample order
About postponing the day off
In order to timely fulfill obligations arising on the basis of agreement No. 44 dated December 12, 2019, with the consent of employees
1. Change the day off for all sales managers from February 23 to March 1, 2020. 2. HR inspector R.O. Kondrashov bring this order to all sales managers.
If certain circumstances occur, the working day of an official employee may be postponed to another date.
This process must be accompanied by the execution of appropriate papers and compliance with special rules.
The article describes typical situations. To solve your problem , write to our consultant or call for free:
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Changing the working day to a day off
The right to transfer days off to other days is granted to the Government of the Russian Federation (Article 112 of the Labor Code of the Russian Federation). Moreover, such a transfer is made for the purpose of rational use by employees of weekends and non-working holidays. Therefore, “replacing” a working day (December 31) with a day off (December 20), if it is of a one-time nature, is recognized as precisely the transfer of a day off, which, as we noted above, falls exclusively within the competence of the Government of the Russian Federation, and is unacceptable for the employer.
According to Part.
1 tbsp. 153 of the Labor Code of the Russian Federation, work on a day off or a non-working holiday is paid at least double the amount.
At the same time, as stated in Part 2 of Art. 153 of the Labor Code of the Russian Federation, specific amounts of wages on a day off or a non-working holiday can be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of workers, or an employment contract.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.
Let us also note that the law does not say anything about when an employee has the right to use the additional day of rest provided to him, which means this issue must be resolved by mutual agreement of the parties.
In addition, work on a day off must be paid in double the amount or in a single amount, but with the provision of an additional day of rest, for example on the same Wednesday - December 31, which, in turn, will no longer be subject to payment.
At the same time, the provision of an additional day of rest instead of double pay must also be agreed upon with the employee himself. Contrary to his will, double pay cannot be replaced by an additional day of rest.
As a result, it turns out that the only thing the employer can count on is that employees will agree to go to work on Saturday (12/20) and at the same time refuse double pay instead of an additional, but unpaid day of rest on Wednesday (12/31).
How can an employer change rest days and working days?
Category: Rest days, Articles
On one of my sites I was asked this question.
“Tell me, does the employer have the right to make December 28 and 29, 2013 working days instead of December 30 and 31, 2013?”
I decided to take advantage of the topic suggested in the question and present the answer in the form of a short article, where I speculate on whether it is, in principle, possible to replace a day off with a working day. And how to carry out this kind of replacement: change working days to days of rest (weekends), and days of rest (weekends) to working days.
Replacing a day off with a working day
I think that the above question is an example about whether it is possible, within a single organization, to make sure that employees rest not on December 28 and 29, Saturday and Sunday, but on December 30 and 31, Monday and Tuesday, and immediately go out to relax for the New Year holidays, clearly emphasizes the “interestingness” of the topic of this note.
Let's figure it out.
1. The issue of transferring weekends or non-working holidays to other days is within the competence of the federal authorities. The purpose of this transfer is the rational use of rest days by employees.
For this purpose, either a federal law or a regulatory legal act of the Government of the Russian Federation is adopted. In most cases, of course, this is regulated by a decree of the Government of the Russian Federation.
In this case, the decision to transfer/replace weekends with working days and vice versa can be made:
- immediately for the entire upcoming calendar year, as they say, “en masse”
or
- on some specific dates during the calendar year.
The first option is the most common. For this purpose, the regulatory legal act of the Government of the Russian Federation on the transfer of weekends 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.
I have never seen the second option in practice, although formally it is quite acceptable. In such cases, if the decision to transfer days off to other days is made during the calendar year, then this is permitted subject to the official publication of the specified act of the Government of the Russian Federation no later than two months before the calendar date of the established day off.
2. As for the current year, 2013, the corresponding decision to postpone weekends and working days was made in 2012, you can read about this in my article on another site. (The article was written in 2013, as you understand. You can read about the situation in the upcoming 2020 in another article at this link)
As a result of all the transfers, the following situation has arisen: on December 28 and 29, everyone rests, since it is Saturday and Sunday. Then, on December 30 and 31, 2013, everyone should formally work, since these are working days and no one made them days off, and from January 1, 2014 to January 8, 2014 inclusive, there will be consecutive days of rest.
Russian workers, quite logically and justifiably from the point of view of common sense, may have a question about the working days of December 30 and 31, 2013.
In our country, it is no secret to anyone that although the very last days of December (30 and 31), if they do not fall on Saturday and Sunday, are not days off, still on these days few people strive to fulfill their labor function under an employment contract , as everyone is getting ready to celebrate the New Year.
However, the Government of the Russian Federation, having the appropriate powers, nevertheless did not change the working days of December 30 and 31, 2013 to weekends, making some other two weekends working days.
Why? After all, it would seem logical to make the same December 28 and 29 working days, and December 30 and 31 as days off. But... They didn’t change...
In principle, on the one hand, it is understandable that they did not replace two weekends at once, Saturday, the 28th, and Sunday, the 29th. For our labor legislation does not provide for the possibility of establishing a seven-day working week in any case. And this is exactly what would happen if two consecutive days of rest were replaced by two consecutive working days.
According to the Labor Code of the Russian Federation, the normal length of a working week cannot exceed 40 working hours, while either a five-day working week with two days off, or a six-day working week with one day off is allowed.
But that’s why they didn’t make a different kind of replacement: December 31 was a day off instead of December 29, and December 30, say, instead of December 14? This is not clear to me personally.
Wouldn’t this ensure “rational use of rest days by employees”? In my opinion, this is exactly what would have happened, given the historically established attitude of Soviet and Russian people towards the New Year's days.
However, the Government of the Russian Federation has its own opinion on this matter.
3. What can be done in each specific organization in this situation? Can an employer make December 28 and 29, 2013 working days instead of December 30 and 31, 2013? Swap rest days and work days?
In principle, this is possible.
But provided that he correctly observes all the subtleties associated with such a replacement. Another thing is that compliance with these subtleties in each individual organization may or may not have its own technical difficulties, and the feasibility of such a replacement will depend on this.
What are we talking about?
According to the general rule established by labor legislation, working on weekends is prohibited .
You cannot simply invite an employee to work on weekends unless this is due to emergency circumstances.
However, if the employee agrees to work on a day off, and such consent is formalized in writing, and the opinion of the primary trade union organization is taken into account (if there is one in the employing organization, of course), then on the basis of a written order from the employer, the employee may be required to work on a day off day.
At the same time, there is one more nuance that must be taken into account.
Work on a weekend is paid at least twice as much.
And now - the most important thing.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.
Thus, in practice, provided that both parties agree to this: the employer and the employee, it is absolutely possible to carry out what the Government of the Russian Federation did not do. Namely: change rest days and working days and make December 28 and 29, 2013 working days, providing December 30 and 31, 2013 as days off, respectively, thereby further increasing the rest during the New Year holidays to 10 days in a row: from 30 December 2013 to January 8, 2014.
So, a step-by-step algorithm of actions.
1. The employer must make an internal decision to transfer days off to working days (December 28 and 29 to December 30 and 31).
2. If the organization has a trade union, then obtain its written support in this matter. In this case, written consent must be received from the trade union not to postpone the days of rest, but its consent to attract workers to work on the weekends of December 28 and 29, 2013. If there is no trade union, then this step is skipped.
3. Indicate to each employee that he may in fact be given the right to transfer days off, subject to strict compliance on the part of the employee with the necessary formalities.
4. Obtain written consent from each employee who wishes to take advantage of the transfer of days off, which must clearly state the following:
— the employee agrees to be hired to work on weekends, December 28 and 29, 2013;
- the employee wishes that instead of being paid for work on weekends in at least double the amount, he would be given other days of rest, namely: December 30 and 31, 2013.
5. The employer must issue a written order to involve each specific employee in work on the weekends, December 28 and 29, with other days of rest: December 30 and 31, 2013.
6. Familiarize each employee with the issued order.
Of course, the implementation of such a mechanism requires additional organizational and technical actions: agree with each individual employee on the transfer of rest days, draw up the relevant documents, etc.
And the main risk lies precisely in the fact that with a large number of employees it can be quite difficult to implement this scheme from the technical side due to the large amount of documentary work, and, in addition, there is an increased risk that the correct implementation of the described algorithm may fail during interaction with any specific employee. All people are different.
It is quite obvious that the delicate point is the pseudo-opportunity of choice, when the employee, in fact, needs to make a decision not about paying work on weekends at a double rate, but about the desire to get other days of rest. It is possible that at this stage someone will want, on the contrary, to work on a day off for extra money, realizing that, most likely, there will be no need to work hard on the last working days of the year: New Year, after all.
In any case, you need to understand the following:
1. Transferring days off in a particular organization is possible only for a specific employee, and not for the entire staff.
2. It is impossible to issue one general order for an organization stating that within the framework of this organization, rest days are postponed. This would be a direct violation of the labor rights of workers.
3. This entire scheme is based on the mutual desire and free will of the employer and a specific employee to replace some days of rest with others. A particular employee has the right not to agree to work on a day off and cannot be forced to do so. Just as an employee does not have the right to expect and demand from the employer payment for work on a day off at a double rate in the future, if the employer’s intention is aimed specifically at postponing rest days.
Summarizing what has been written, we can state that the transfer of rest days to working days with the provision of other rest days within a separate organization is possible, but only in this “cunning” way, which was discussed above.
To the entry “How can an employer change rest days and working days”
- Elena:
04/19/2017 at 11:08
PJSC "Avtodizel" Yaroslavl Order from the director to change the work schedule on Saturday 04/22/17 to work for Friday 12/29/17 without the consent of the workers and the trade union, I am against it, tell me where to complain, the foreman said if I don’t go to work they will give me absenteeism.
Answer
- Alexey Konchin:
04/20/2017 at 11:17
Complain to the labor inspectorate or the prosecutor's office.
You should receive written confirmation from the employer, from which it will follow that he changed the work schedule in the way you wrote. If they do not want to issue you any such document, then you can claim that in this case you are simply not notified of any changes, and therefore continue to work according to the previous schedule. When you are given written confirmation, then you write your written explanations that these changes were not properly agreed upon (neither with you nor with the trade union), and therefore they are not legal and the employer has no right to demand their implementation. You must keep copies of all documents with marks of receipt on hand so that you can attach them to your complaints later.
Then you notify the trade union about this situation, write a complaint about violation of labor rights with a demand to understand the situation and oblige the employer to cancel illegal orders, send one copy to the labor inspectorate, the other to the prosecutor's office.
However, you must be prepared for the fact that, as the foreman said, absence from work can actually result in absenteeism. This, of course, would be illegal, since changing the work schedule is illegal in the first place. But legality/illegality is determined only after the fact: first there must be an action, and then its assessment and qualification.
The employee is initially in a disadvantageous situation: his rights may be violated (change the work schedule, if he does not show up for work in accordance with the changed schedule, absenteeism will be recorded, and for absenteeism he will be subject to disciplinary action up to and including dismissal), and only after that the employee will have to restore them.
The truth is that the law is on the employee’s side, but this cannot completely exclude unlawful actions by the employer.
Answer
- Andrey:
01/18/2017 at 18:47
Hello. So the trade union is a fiction. People are afraid. And those who want to object sometimes cannot connect two words. As for the day off, it will be according to the order in September this year. But according to the law, I cannot be taken to work on a day off without written consent. Even if there is this fake order. I'm going to write a letter to the labor inspectorate. Thank you for the interview)
Answer
- Alexey Konchin:
01/18/2017 at 20:22
Of course, if the employee has not given his written consent, then no one has the right to force him to work on a day off. Even if the employee went to work, but written consent was not received from him, then this is still a violation.
Answer
- Andrey:
01/17/2017 at 22:06
Ha ha. How can Rostselmash be made? The plant management stupidly printed an order to consider the non-working day Saturday January 14, 2017 as a working day. Try to guess on what basis? Due to the unconditional implementation of the plan. That's all. And those who disagreed and were too literate were asked to look for another job. What do you think the workers did? We signed this order silently.
Answer
- Alexey Konchin:
01/18/2017 at 00:37
I don’t know who and what is “weak”, this is not a legal category, this is not the place for such questions.
As for the actions of the management of Rostselmash, in order to correctly qualify them you need to know the specifics. Without knowing the details, the qualification may be wrong. Now I only know what you wrote.
Therefore, based on your message, we can say that the management of Rostselmash, by its order in a single organization at a single point in time, excluded the application of the law of the Russian Federation, which, without a doubt, is unacceptable. There is a gross violation of the law.
In bourgeois countries, trade unions exist to prevent such situations and to protect the interests of workers. Apparently, there is nothing like this at Rostselmash, or the trade union is a fiction that does not carry any useful load for the workers.
Well, in conditions where an employee values his job, as well as in conditions of widespread legal ignorance, of course, it is easier and calmer for an ordinary worker to agree to be put under extra pressure than to “stand up” and declare his rights.
Capitalists have always, at all times and in all countries, taken advantage of the fact that they exploited workers under pain of dismissal, punishment, or other negative consequences.
This is not so much a legal issue in its essence as an economic one.
Legally, everything here is obvious. The employer is wrong. His demand was illegal and could not be fulfilled. And you can also complain about it to regulatory authorities, even now. It’s just that now the maximum that can be requested from an employer is either payment of double the amount of working time worked, if this has not been done, or an additional day off.
Unfortunately, legal correctness in itself cannot give peace of mind, especially in our state, which is undeveloped in the legal sense.
Therefore, the position of the workers can be humanly understood. Another thing is that until there is someone who spits on his own peace of mind and opposes this, and others find out about this, until then management will treat the workers only the way they did in the case described. As with cattle, I apologize for the harshness.
As long as people are afraid to declare their rights and defend them, as long as unscrupulous “owners of factories, newspapers, and ships” will take advantage of them. Everything is as usual.
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Transfer of a day off at the initiative of the employer
After the New Year holidays, the May holidays are traditionally a legitimate opportunity for Russians to take a break from work and spend time with family.
In 2020, at the beginning of May, the country will rest for a whole week, albeit with a three-day break.
If the insured person has earnings below the minimum wage or no earnings at all, benefits are calculated based on working hours and average daily earnings. The Social Insurance Fund explained how to do this correctly.
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For some employees, it is easier for the employer not to postpone the day off, but to invite them to work on the day off on the basis of Articles 142, 143 of the Labor Code. The transfer by the employer of a day off is recognized by part seven of Article 136 of the Labor Code as a change in the PVTR or work schedule (shift).
The Labor Code does not directly define the procedure for making changes to the working hours. We believe that it should, as a rule, be the same as the procedure for its establishment in accordance with Art.
The organization provides employees with a five-day work week with days off - Saturday and Sunday. It was decided to declare the day off December 28, 2013 (Saturday) a working day, and move the day off to Tuesday - December 31, 2013.
An employee whose annual main paid leave begins on December 31, 2013, refuses to go to work on December 28, 2013.
Is it legal for an employee to refuse to go to work on December 28?
The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.
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Free legal consultation in St. Petersburg: Moscow, Moscow region St. Petersburg, Leningrad region Federal number Transfer of a working day to a day off at the initiative of the employee order
Important Therefore, such additional days off will be subject to payment. According to Rostrud, additional days off should be paid in the amount of average earnings. 2. The employer may invite employees to work on a day off before December 31 (for example, Saturday, December 25), and then provide another day of rest for such work on December 31. Within the meaning of part three of Art. 153 of the Labor Code of the Russian Federation, another day of rest is provided for those employees who have already worked a day off. Is it possible to postpone a day off by decision of the organization’s management? Such employees can be offered to take unpaid leave or annual paid leave on the day declared a holiday.
Transferring a working day to a day off at the initiative of the employer
In some cases, only an order from the employer is sufficient for this (as, for example, in a situation involving the prevention of a disaster or industrial accident), in others the written consent of the employee is required, in others the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization. We will assume that you have no grounds for inviting employees to work on a day off without their consent, since there are no objective reasons for this related to emergency circumstances.
Consequently, working on days off is possible, but only with the written consent of the employees and taking into account the opinion of the trade union committee, if it operates in your company.
When does a day change to another?
The need to move a working day to another, for example, a day off, may arise for almost every employer. In most cases, this procedure can only be carried out with the consent of the employee; in exceptional situations, it can be carried out by force.
Any transfer, regardless of the accompanying circumstances, requires documentation. The reason for making changes to the employee’s work schedule must be justified.
An order of the previously specified nature is issued every time a working day is postponed. The reason for such a need can be almost any.
An employer may request to come to work on another day if a production need arises. For example, on a day off, a specialist will come to the company with whom the employee will need to draw up a contract, or another urgent job will appear.
In cases not regulated by the labor legislation of the Russian Federation, the worker has the right to make his own decision regarding the transfer of a working day to another.
It is important to remember that there are exceptions. In accordance with Article 113 of the Labor Code of the Russian Federation, these include the following circumstances:
- performing work resulting from an emergency or martial law;
- preventing an accident, any accident or catastrophe, as well as eliminating the consequences of such phenomena.
Transfer of working days to weekends at the request of the employee
In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment. Let us also note that the law does not say anything about when an employee has the right to use the additional day of rest provided to him, which means this issue must be resolved by mutual agreement of the parties. Thus, it is possible to attract workers to work on Saturday, but only with their written consent and taking into account the opinion of the trade union committee. In addition, work on a day off must be paid double or single, but with an additional day of rest, for example on Friday, February 24, which, in turn, will no longer be subject to payment.
Such employees can be offered to take unpaid leave or annual paid leave on the day declared a holiday. An example of replacing working and weekend days In order to optimize working time during the New Year holidays, Alpha LLC decided to involve the organization’s employees to work on the day off December 28, 2014, with the provision of another day of rest.
All employees of the organization agreed to work on the day off on December 28, 2014 and to provide another substitute day of rest - December 31, 2014. Minor employee A.A. Ivanov, who cannot be hired to work on days off, wrote an application for annual paid leave on December 31, 2014. From the answer “Who can be hired to work on weekends and holidays” 2.
Application for transfer of working hours sample
working days January 2 and 6 will be days off. We believe that in such a situation, the transfer of the working day will be carried out to a day off on Saturday of another week. Order order to terminate termination. An order to transfer working days to May had to be made 2 months in advance. In connection with giving an order to work off lost working time, an Order to reduce the duration of a working day is a sample. Due to holidays, by order of the director, the company's working days have been moved to weekends, i.e. How to correctly print an order for a day off? Accordingly, our enterprise will also have an order to postpone the working day. Order on employment on weekends and non-working holidays. Order on the payment of average monthly earnings to a worker for comprehensive services, etc. On November 25, 2013, the Council of Ministers of the Republic of Belarus adopted a resolution on the transfer of working days to. Transferring a day off to another day of the week is legal. Indeed, there are often situations when, by order of an enterprise, a day of rest is transferred to another. Next, the Order is drawn up with the following wording According to the Decree of the Government of the Russian Federation on the transfer of days off. Change of working day to December 31st. Sometimes the decision to postpone days off is made. Sample order for a day off at an enterprise. The order contains instructions on postponing working days and weekends. IvanovNikolai, or recall from vacation with the employee’s consent for one day and then granting the remaining vacation.
How to reschedule a day off at the initiative of the employer?
Attention: Changing the working day to a day off at the initiative of the employee. Is it legal for the employee to refuse to go to work on December 28? Having considered the issue, we came to the following conclusion: The employee’s refusal to go to work on December 28, 2013 on his day off is legal. Rationale for the conclusion: In accordance with part five of Art. 112 of the Labor Code of the Russian Federation, for the purpose of rational use of weekends and non-working holidays by employees, only the Government of the Russian Federation has the right to transfer weekends to other days, issuing relevant resolutions on this, binding on both the employee and the employer (part one of Article 5 and part one of Article 11 Labor Code of the Russian Federation) * (1). The employer is not given the right to postpone days off.
Weekends can be transferred to other days only by federal law or a regulatory act of the Government of the Russian Federation (Part 5 of Article 112 of the Labor Code of the Russian Federation). The employer does not have the right to postpone days off at his own discretion. Thus, the employer does not have the right to independently postpone the day off on January 4, which coincides with the holiday, to May 9. In this case, the transfer must be made according to the general rules of Art. 112 of the Labor Code of the Russian Federation: the day off must be moved to the next working day after the holidays, with your schedule it was January 12. If all employees of an organization agree to work on a day off in order to rest on May 9, then the employer can involve employees in working on a day off in compliance with all legal requirements. At the same time, on its own initiative, the employer cannot replace double pay for a day off with time off and determine the date for granting time off.
Transfer of working days and weekends: how to put them into practice
When organizing planning and recording of working time, transfers of working days and weekends are a tool for optimizing the working time regime established by the employer for employees. However, in practice, registration of transfers requires compliance with the law and certain rules.
How labor legislation regulates the transfer of working days and days off
According to part six of Art.
136 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), for the purpose of rational use of working time, days off, public holidays and public holidays, the Government of the Republic of Belarus, in agreement with the President of the Republic of Belarus, may transfer certain working days to weekends falling on Saturdays. At the same time, part seven of this article provides that the transfer by the employer of a day off, provided for by the internal labor regulations or work schedule (shift), to another calendar week is recognized as a change and is allowed in the manner established by Art. 142 and 143 TK.
Transfers of working days
In each calendar year, the Government of the Republic of Belarus approves the transfer of working days to weekends falling on Saturdays.
In particular, in accordance with Resolution of the Council of Ministers of the Republic of Belarus dated December 15, 2020 No. 906 “On the transfer of working days in 2020,” in 2020 the working day from Monday, May 6, is moved to Saturday, May 4; from Wednesday 8 May to Saturday 11 May; from Friday 8 November to Saturday 16 November. The said resolution also stipulates that organizations are given the right, taking into account the specifics of production (work), to postpone working days in a different manner in accordance with the law. Thus, in 2020, the employer has the right to postpone only those working days that are specified in Government regulations (May 6, May 8 and November 8) in the manner established by the Government, or transfer to other Saturdays, if this is considered appropriate.
Example 1
In 2020, the Government of the Republic of Belarus is moving the working day from Monday, May 6, to Saturday, May 4. Thus, the employer has the right to postpone the working day of May 6, for example, to Saturday, May 18.
Transfers of days off (at the initiative of the employer and at the initiative of the employee): work on weekends
Note that the procedure for postponing weekends is an independent norm in relation to postponing working days and, accordingly, has some features, which are as follows.
According to Art. 142 of the Labor Code, work on weekends is allowed at the suggestion of the employer and only with the consent of the employee or on the initiative of the employee with the consent of the employer, except for the cases provided for in Art. 143 Labor Code (involvement in work on a day off without the employee’s consent in exceptional cases). Law enforcement practice shows that transfers of days off are carried out in order to optimize the working time regime in relation to the specifics of the organization’s activities and the working hours of employees. Please pay attention!
Transfers by the employer of a day off to a working day can be used for employees with summarized accounting of working hours, working according to work schedules (shifts), when it is necessary to change the distribution of working days and days off approved by these schedules.
That is, transfers of weekends allow you to make changes to work schedules (shifts) or maintain the so-called. “refined” work schedules (shifts).
Let's look at examples of options for postponing days off: at the initiative of the employer and at the initiative of the employee.
Transfer of a day off at the initiative of the employer
Example 2
Employee A., working on a 12-hour shift schedule, is scheduled to work on January 16, 2020. On this day he fell ill.
Employee B is scheduled to have a working day on January 17, and a day off on January 16. In this situation, it is necessary to attract employee B. to work on January 16. For this purpose, an order is issued to transfer the day off for employee B. on January 16th to the working day on January 17th. At the same time, on the basis of the norms of Art. 136 of the Labor Code, to work on the day off January 16, employee B. must express his consent.
Transfer of a day off at the initiative of the employee (the so-called “shift exchange”)
Example 3
Employee A., working on a shift schedule of “two every two days for 12 hours each,” is scheduled to work on January 16, 2020, and have a day off on January 17. Employee B., who works on a 12-hour shift schedule, is scheduled to work on January 17, 2020, and have a day off on January 16. At the initiative of the employees and with the consent of the employer, for employee A, the day off on January 17 is transferred to the working day of January 16, and for employee B, the day off on January 16 is transferred to the working day on January 17.
Rules to follow when transferring
When making any transfers regulated by labor legislation, the following general rules must be observed.
- Transfers of holidays are usually made within the calendar year.
- Transfers of weekends do not change the calculated standard of working time for the calendar year if they are made within the calendar year.
- When shifting working days, the corresponding length of the working day is maintained, which, in the event of a shift, will be worked on Saturday.
- When transferring a day off to a working day of another calendar month, a change in the calculated norm of working hours in the calendar months affected by the transfer is required.
- Since, in accordance with the provisions of Art. 136 of the Labor Code, the transfer of a day off requires compliance with Art. 142 of the Labor Code, work on a day that was a day off is carried out at the suggestion of the employer and only with the consent of the employee or at the initiative of the employee and with the consent of the employer.
- Taking into account the norms of Art. 145 of the Labor Code, the transfer by the employer of a day off to a working day requires the execution of an appropriate order.
- Transfers of a day off to a working day are used for employees working in a five-day work week, as well as for employees working according to work schedules (shifts).
- For a six-day working week, transfers of weekends do not apply, since in such cases the norm of part eight of Art. 136 Labor Code (weekends are provided no later than six working days in a row).
- The transfer of a working (day off) day to a weekend (working) day can be used both for an individual employee and for all employees of the organization. If the transfer of a day off to a working day is formalized for all employees of the organization, then a production calendar used in this organization is developed and established.
- The transfer of a day off to a working day is recognized as a change in the PVTR (for a five-day work week) or a change in work schedules (shifts).
Let us note one more rule of transfers, provided for by the Resolution of the Ministry of Labor of the Republic of Belarus dated June 25, 2001 No. 75, which approved the Rules for planning and recording the working hours of employees in connection with the transfer by the Council of Ministers of the Republic of Belarus of individual working days (hereinafter referred to as the Planning Rules).
Planning rules must be followed when transferring working days established by the Government of the Republic of Belarus. Accordingly, when the employer postpones days off, the Planning Rules are applied if the corresponding norm is provided for by a local regulatory legal act.
The norm of clause 2 of the Planning Rules deserves special attention, which determines that if for various objective reasons (vacation, illness, performance of state or public duties, other cases provided for by law) the postponed working day for a particular employee could not be a working day, such Transfer does not apply.
Let's consider such options for transferring working days as:
- the working day is transferred to Saturday, which occurs after this working day;
- The working day is transferred to Saturday, which is worked before this working day.
Option 1
assumes that if an employee was absent from work for a valid reason on a day that became a day off due to its transfer to Saturday, this Saturday (working day) for this employee will be a day off if the employee has already started work.
Option 2
assumes that Saturday, which becomes a working day when a working day is transferred, falls during the period when the employee is still at work (for example, when the labor holiday has not yet begun); he does not go to work on Saturday (while other employees are at work ). If the employee’s presence on this Saturday is necessary, payment for work on this day is made according to the rules of Art. 69 TK.
Anna Petrovna Yakusheva, economist
Transfer of the working day to Saturday by order
He explained this: when there is only one working day between a holiday and a weekend, there are no clients in the clinic. Of course, there is no question of any double payment on Saturday the 18th! According to the director, they had already done this more than once: he signed the order, the workers were introduced to it, and that was it.
Important: This situation confuses me. Does the employer really have the right, at his own discretion, to so easily change weekends to working days and vice versa? The cunning one, however, is your director. Yes, it may happen that this day will not bring any profit at all. The manager, of course, knows better how to organize the work of his clinic so that it generates maximum income and does not work “idlely.” Another thing is that in this case he thinks exclusively from an economic point of view, but we will argue from the position of labor law.
Labor Code of the Russian Federation (the need to perform unforeseen work), if the organization has an elected body of the primary trade union organization, the consent of this body will be required. According to part one and part three of Art. 153 of the Labor Code of the Russian Federation, work on a day off is paid at least double, and only at the request of an employee who worked on a day off, along with single pay for such work, he can be given another day of rest. Consequently, the provision of another day of rest instead of increased pay also requires the consent of the employee. Thus, for such a “transfer” of a day off, written confirmation will be required that each employee agrees to go to work on December 28, 2013.
and wishes to use the day of rest on December 31, 2013. We believe that the employee’s will to do this can be expressed by signing his consent on the employer’s order. The law, as you know, allows employees to be hired to work on weekends and non-working holidays in the manner prescribed by Art. 113 Labor Code of the Russian Federation. In some cases, only an order from the employer is sufficient for this (as, for example, in a situation involving the prevention of a disaster or industrial accident), in others the written consent of the employee is required, in others the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization. We will assume that you have no grounds for inviting employees to work on a day off without their consent, since there are no objective reasons for this related to emergency circumstances. Consequently, working on days off is possible, but only with the written consent of the employees and taking into account the opinion of the trade union committee, if it operates in your company.
Transfer of a working day to a day off at the initiative of the employee order
At the same time, the provision of an additional day of rest instead of double pay must also be agreed upon with the employee himself. Contrary to his will, double pay cannot be replaced by an additional day of rest. Summary A day off cannot be declared a working day by the employer. Work on such a day is allowed only with the written consent of the employees and, as a general rule, is paid double. However, at the request of the employee, he may be given an additional day of rest for working on a day off, although work on a day off will be paid in a single amount, and the additional day of rest is not subject to payment. As a result, it turns out that the only thing you can count on is that employees will agree to come to work on Saturday and at the same time refuse double pay instead of an additional, but unpaid day of rest on Friday.
Answer: Is it possible, by decision of the head of the organization, to postpone a non-working day to another day Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia Weekends can be transferred to other days only by federal law or a regulatory act of the Government of the Russian Federation (Part 5 Article 112 of the Labor Code of the Russian Federation). The employer does not have the right to postpone days off at his own discretion.* The legitimacy of this position is confirmed by paragraph 2 of the Rostrud Recommendations of June 2, 2014.
No. 1. If an organization needs to work on a non-working day off, then the employer can involve employees in working on such a day in compliance with all legal requirements. He explained this: when there is only one working day between a holiday and a weekend, there are no clients in the clinic.
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