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Published: 01/12/2018
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Work on weekends is strictly controlled by law. The relevant provisions are enshrined in the Labor Code.
Unfortunately, employees do not always know their rights and responsibilities, and agree to perform work on weekends on the terms of their superiors. Meanwhile, without the consent of the employee himself, no order has the right to force him to work on holidays and weekends.
- When do you need to go to work on your day off?
- Pay for working on a day off
- Order to go to work on a weekend or holiday What to consider when filling it out
- What does he look like
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Order declaring a working day a holiday: sample
An employer who wants to give staff a unique gift in the form of an additional day off in connection with the company’s anniversary, the upcoming New Year holidays or any other events, has the right to declare the working day a day off by a separate organizational order.
To ensure that good intentions do not lead to going beyond the legal framework, several important rules should be followed in the process of implementing the decision. Since such a transfer at the initiative of the employer is not provided for by law, you can involve the team in working on a day off (of course, provided that all employees agree with such a decision), and then provide them with a single replacement day of rest as compensation. In this situation, a leave of absence is issued. Be sure to check whether the company employs minors or representatives of other categories of workers who under no circumstances should be required to work on days off.
Order declaring holidays
Coming to work on weekends and holidays may occur due to production needs, urgent repair work, or the performance of a complex work assignment.
Thus, the Labor Code of the Russian Federation provides for the possibility of calling an employee under the strict condition of consent on his part. In this article you will learn about all aspects of working on weekends, holidays or night hours.
In addition, the reader has the opportunity to see a sample order reflecting the order to work on weekends and get acquainted with other documentation relevant to the current topic.
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- Order to consider holidays
- Order declaring a working day a holiday: sample
- Sample order declaring a working day a day off
- Free legal assistance
- Order declaring a holiday a working day
- Order declaring holidays
- Order on a day off on a working day
Order to consider holidays
How to pay for shortened working hours on April 30 and May 8. With almost all types of remuneration, a shortened day is paid in full as a regular day.
The only exception is hourly wages and piecework wages - pay for April 30 and May 8th under these working conditions is paid depending on the hourly work hours and piecework output.
Days of work and rest in May What are the May weekends associated with? Celebration of Labor Day May workers Three working days between the May holidays It is worth noting that each individual schedule has a strictly defined encryption and even to switch between them at the request of the employee, a separate memo will be required.
Thus, if according to the employee’s schedule, Saturday and Sunday are official working days, then a separate order for their release is not required.
If an employee’s working day falls on a holiday, the staff is warned about this fact in advance. Naturally, no additional consent is required.
However, the Labor Code of the Russian Federation establishes that if a shift employee’s working day falls on a state holiday, additional compensation must be made.
The withdrawal of employees may be carried out without obtaining consent in the presence of certain circumstances provided for by law.
Refusal to go to work will be considered depending on the timing of the employee’s notification and the reasons that prompted him to be absent from his assigned place.
Do you want to forget about the problems with registering a power of attorney form M-2 once and for all? Such a power of attorney is certified free of charge. Two days before, Prime Minister Filat ordered the announcement of 25 At the end of the month, by order, there was work on a day off.
How to prepare an order? According to the Federal Service, this period includes 2 non-working days off. Copying of site materials is allowed only with an active hyperlink to the site, sample order declaring a day off as a working day.
If urgent work needs to be done by certain employees, they can be asked to work on their days off if they agree to it.
They can express their consent by making an appropriate entry either in the notice or under the text of the order about their work on a day off.
https://youtu.be/q_vPI1kYN9A
And if the company has a trade union organization, then before issuing an order, its draft will need to be sent to the trade union committee so that it can also express its opinion.
Let us note that the last discussed procedure for preparing documents, which involves obtaining consent, is also applied in other cases when the employer urgently needs this or that employee at work on a day off.
To the HR department inspector, V. Groshina. I reserve control over this order.
For emergency work for the above reasons, you can only involve with written consent: women with children under three years of age, single mothers and fathers with children under 5 years of age, guardians of minor pupils, employees who care for sick and elderly relatives.
But there is an exception to every rule. An article of the Labor Code provides for the manager, as an exception, to be able to urgently call an employee to work on holidays or weekends.
This is possible if it is necessary to immediately carry out unforeseen work, the failure of which may lead to the risk of disruption of the adequate activities of the company with a high probability of large losses.
An example would be a situation where there was a flood at an enterprise. Here the manager can call the bulk of his workers, who will help solve all the problems that have arisen.
Info Its application does not depend on whether or not the employer has prescribed in his separate document the employee’s right to work less before the holidays.
Although often in employment contracts or regulations on remuneration the rule on reducing the working day on the eve of holidays is duplicated.
Accountants should be guided by this order when calculating wages. The head of the HR department, E. Gromova, should familiarize all employees of the organization with the order. Director A. Lvov The order has been reviewed by: accountant E. Gromova Head of HR Department E.
Gromova If the employer provides an additional day off annually, a provision regarding this, linked to a reduction in working hours, should be enshrined in the internal labor regulations. See a fragment of this document below. As for weekends, in a five-day week they usually turn out to be Saturdays and Sundays.
In case of shift work, rest falls on the days specified in the schedule. They are considered days off, and not Saturday or Sunday, as with the classic five-day week.
Therefore, when working in shifts, there is no need to draw up a separate order to work on Saturday or Sunday, if they do not turn out to be scheduled days off.
You also do not need to coordinate with the employee to work a shift on a schedule that coincides with a holiday, but you need to take care to notify him in advance.
At the same time, pointing out that for work on a day off of national importance, one must pay at an increased rate, compared to the usual rate. The article, on the one hand, contains a categorical prohibition, and on the other hand, it indicates when working on weekends does not require obtaining consent from the employee with an order adopted for such a necessity.
Lashkina We have read the order: This order, together with the working time sheet, is sent to the accounting department to make accruals.
Payment for shift work Regulates work on holidays under the Labor Code, or rather Art.
The difference between shift work and the standard schedule is that going to work on a holiday is not an emergency situation, but a common occurrence, someone just happened to work on a holiday.
Naturally, a person may be offended that he spends a holiday not with his family, but at work, so such work should be paid accordingly. Skip to content Sitemap Contacts.
– International passport – Order declaring a holiday as a working day.
Order on declaring a holiday as a working day Sample order on days off on May 1st and 9th of the year Sample order on work on a day off Order on declaring a day off as a working day Sample order on engagement to work on a day off Order on declaring holidays Order on declaring holidays You can get a sample order to declare a working day a day off in connection with a professional holiday, and how to report employees on such a day.
Thus, an employee can work on his day off only if there are good reasons for doing so and not for a long period of time.
Order declaring a working day a holiday: sample
An order for granting leave to an employee, form t Work on holidays must be formalized by order, notification and written consent must be obtained from all employees who will be involved in work.
Order for payment on holidays to guards, sample d. However, if during illness the patient was sent to another medical facility.
There is no standard unified form for an order to grant time off for work on a weekend, so it can be drawn up in any form.
An employer who wants to give staff a unique gift in the form of an additional day off in connection with the company’s anniversary, the upcoming New Year holidays or any other events, has the right to declare the working day a day off by a separate organizational order.
To ensure that good intentions do not lead to going beyond the legal framework, several important rules should be followed in the process of implementing the decision.
The need to declare a working day a day off arises, as a rule, in two cases: when a company wants to provide a day of rest to its employees free of charge or to compensate them for going to work on a holiday or day off.
Such a note may be agreed upon with the trade union committee. The employee must give his consent in writing that he agrees to go to work. Such a document can be a receipt or a simple signature on the order. The employee also needs to confirm in writing the notification of the compensation option for such work; this will be double payment or receiving time off.
Sample order declaring a working day a day off
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Remuneration for operational duty officers who will work on weekends and holidays is carried out in accordance with the article of the Labor Code of Ukraine.
If the employee is given another day off at his request, pay for work on the specified days in a single amount. In these cases, minors may be involved in work.
Despite the strict regulation of possible grounds for the withdrawal of personnel, it is not established how long before the day off the employer is obliged to notify about such a fact - depending on the grounds for such an action, such notification can be carried out even directly on the day of such withdrawal.
If there are no obstacles to exit and the employee is ready to express his consent, then he can do this in several effective ways: According to the main features of the release on weekends, as well as the date of implementation and establishment of the schedule, the Labor Code of the Russian Federation has the following points:.
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Sometimes the order to go to work on public holidays already contains information about granting the worker a day off on a certain date or increased pay.
Then there will be no need to issue an additional order. In some organizations, work on weekends or holidays is permanent.
An order to work on a day off is an integral part of the work process if employees are involved in performing their duties on weekends and holidays. It is worth paying attention to the fact that such documents must be issued strictly with the consent of the employees.
How to pay for shortened working hours on April 30 and May 8. With almost all types of remuneration, a shortened day is paid in full as a regular day.
The only exception is hourly wages and piecework wages - pay for April 30 and May 8th under these working conditions is paid depending on the hourly work hours and piecework output.
Days of work and rest in May What are the May weekends associated with? Celebration of Labor Day in May working days Three working days between the May holidays
Order declaring a holiday a working day
It is worth paying attention to the fact that such documents must be issued strictly with the consent of the employees. FILES If on a day off it is necessary to eliminate the results of an accident, prevent it, or military operations are underway, then an order can be issued without the consent of the workers, without their signature on the document. But these are exceptional cases.
WATCH THE VIDEO ON THE TOPIC: How to issue a business trip order - Elena A. Ponomareva
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within the period up to and including, place a copy of this order on the Information Board for.
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Order on a day off on a working day
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Source: https://gbk40.ru/transportnoe-pravo/prikaz-o-obyavlenii-prazdnichniit-dnyami.php
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In connection with justified production, organizational or economic reasons, the employer has the right, in the manner prescribed by this article, to change the essential working conditions of the employee while he continues to work in the same specialty, qualification or position specified in the employment contract.
Essential working conditions are recognized
systems and amounts of remuneration, guarantees, working hours, category, name of profession, position,
establishment or abolition of part-time work
, combination of professions and other conditions established in accordance with this Code.
How to correctly issue an order to go to work on a day off
Unfortunately, employees do not always know their rights and responsibilities, and agree to perform work on weekends on the terms of their superiors. Meanwhile, without the consent of the employee himself, no order has the right to force him to work on holidays and weekends.
- he may demand double payment for the time worked (to determine the amount of wages, the hours actually worked are calculated, and not simply a double daily salary);
- he can take a day off on any other working day, but at the same time, pay for work on weekends is paid at a single rate.
Order to declare a working day a holiday
Order to declare a remark sample. Sample order to reduce working hours. In exceptional cases, the Government of the Republic of Belarus may declare Sunday a working day. The announcement of the order must occur within three working days from the date of publication of the document. Sample order to reduce workers. For violation of labor discipline, reprimand Sergei Petrovich Ivanov in accordance with paragraph. You have a sample order for transfer to part-time work. That is, issuing a reprimand is not such a harsh measure compared, for example, with the situation when the manager intends to make an announcement. Without written consent and a special order, the employer has the right to call employees to. Officially, this is the order, as far as I understand. A citizen may be declared dead by the court if c. Sample personnel order on weekends and holidays in 2020. Therefore, the first Saturday in September was declared Health Day. Sample order to eliminate the consequences of a production accident. In the section you can create a sample notification of a part-time working day (week) and download the finished one. The employee has 2 working days to write it. An example of a warning order: “Based on the staffing table approved by order No. During the employee’s work activity, he may be awarded bonuses by management for any. With a five-day work week, employees are entitled to two days off per week, with... Sample order for employment on a day off in Belarus. Sun, here the situation is the other way around - people are offered NOT to go to work on a working day, but a salary for that day. We really need a sample order for inviting employees to work on a day off with their consent. Based on your request, we found: a sample order for a health day at school. Order on declaring a holiday a working day (filling sample). Good afternoon, tell me how to properly reprimand an employee. Can anyone give me a sample order to declare a working day a day off, an order. The employer's order to impose a disciplinary sanction in the form of a reprimand is presented to the employee against signature within three working days. An order to invite an employee to join his workers on a generally accepted day of rest or holiday. Added: 06 Sep 2020 from: the17. However, by order of the enterprise, January 6 and 7, 2008 were declared working days. It is only necessary to take into account that declaring a day off as a working day is possible only with consent. Form: Order to hire someone to work on a non-working holiday (filling sample). Rice. 59 Sample order for employment with part-time work and entries in the work book. Limited Liability Company “Order for part-time work sample”. Should there be a shorter working day during these periods? Sample order to hire an employee on a day off. Training > order declaring a day off as a working day; sample day off as a working day. Order _ dated _ On the introduction of a part-time working week with a part-time working day In connection with. Algorithm for dismissing an employee for absenteeism: sample order. Sample order for postponing working days. Below is a standard sample and form of an order of gratitude, a version of which can be downloaded for free. In connection with _ declare a day off on August 15, 2008. The right to annual paid. A day off cannot be declared a working day by the employer. At 14:00 an order was brought to the workshop, which said that “it was declared a working day with the consent of the employees and payment would be Aug 2014 Sample. Order to announce a remark sample today was downloaded by 206 users Order to announce. If a day off declared in excess of the norm is paid according to a non-standard scheme, development. As for the order itself, its form is not unified, so you can develop the form yourself. I would like to write a review about the book “Collection of sample orders. Sample order to issue a reprimand. Sample order for bonuses working day Sample order. In order to introduce a new labor regime in an organization, an order is issued 2 months before the reduction of the working day. Order to hire someone to work on a day off (example). Also, if the Government declared martial law in. order to declare a working day and cutting 3 1.50 torrent. The HR department must issue an order indicating: to declare June 14 a day off as a working day, in connection with the director’s order, for such employees. In this case, in order to declare January 2 a day off throughout the entire enterprise, the employer must receive. V.A. for smoking during working hours in an unspecified place, a reprimand was announced (Fig. 59 Sample order for hiring part-time work and entries in. Declare Saturday - February 20, 2016 a working day. Sample order about. On postponing the day off, In connection with the celebration of National Unity Day on November 4, I ORDER: To declare it a working day. By Order No. 444 of May 15, 2006, there is no unified standard form of order on holidays and weekends, therefore. The head of the organization also has the right to petition the highest management body for employee incentives (authorities). The Soviet authorities at the very beginning of their reign declared it a public holiday, and later (c.
Sample order to work on holidays, if the employee is hired from January 1
How does an enterprise organize a shortened pre-holiday day?
Do you need a manager's order? And is it possible to draw up an order for a pre-holiday day using the employer’s template? Or is there a unified form? When answering the second question, you should immediately clarify that this norm is approved by federal legislation and does not change in any way if the employer has or does not have a corresponding order. If the provision for a short day on the eve of a holiday is not included in the employment contract, as well as in the enterprise’s LNA, the administration is still obliged to provide the staff with a similar labor guarantee. In this case, it is not necessary to issue a special order about the pre-holiday day, the sample is just below.
https://youtu.be/Toc5pdc0v3w
Nevertheless, many personnel officers play it safe and draw up such a document. It is most appropriate to notify employees of a reduction in normal working hours by an hour in continuously operating enterprises. These are, for example, institutions of round-the-clock medical services, municipal emergency services, etc. In such structures, it is necessary to approve the list of employees who will have to perform duties without concessions. But such employment must be compensated by providing time off or paying overtime.
In order to correctly document the reduction of the pre-holiday working day in personnel records, the order must contain a number of mandatory details. There is no single standard form, but the document must include information about the enterprise, indicate the basis for reducing the duration of employment, and also reflect data on the employees who are entitled to this benefit and the number of hours of reduction.
Additionally, the date and number of the order, full name of the director, and a list of structural divisions of the company are provided. When filling out, you must follow the internal document flow regulations. Persons covered by the order are required to familiarize themselves with its contents with a personal signature.
The preparation of the order is usually carried out by personnel workers. If the functions of the HR department are assigned to another employee, for example, an accountant, an authorized specialist must develop the document. After filling out the order, it is signed by the director of the enterprise, and only then the information is communicated to all interested parties. An approximate example of an order on a short pre-holiday day is presented below.
Limited Liability Company "Expo City"
344079 Rostov-on-Don st. Serafimovicha, 12
TIN 6164084085 / KPP 616401001
03/03/2017
ORDER No. 8-k
In connection with the upcoming national holiday on March 8, 2017 - International Women's Day
1. Establish that the total 8-hour working day on Tuesday, 03/07/17, for all Expo City LLC personnel is reduced by 1 (one) hour.
2. Head of the HR Department O.V. Popova within the period inclusive of 03/06/2017, place a copy of the approved order on the information stand of the enterprise for public familiarization with it by employees of Expo City LLC.
3. I reserve control over the execution of this order.
General Director ________________ Reznikov S.Ya.
Every employee has the right to a break during the working day, a lunch break and, of course, days off for rest.
In a normal work week, a person must go to work for 5 days, 8 hours each, and rest on Saturday and Sunday. There is a shift schedule when they work two days and rest every two days. Typically, with this schedule, the shift lasts 12 hours. But the employer can adjust the work schedule depending on the type of activity performed.
More details about the payment rules can be found using the example of calculating salaries for May in the article “Why May is an unfavorable month for vacation in terms of money.”
How to pay for a shortened working day on May 8. With almost all types of remuneration, a shortened day is paid in full (as a regular day).
The only exceptions are hourly wages and piecework - wages on May 8 under these working conditions are paid depending on hours of work (hourly) and output (piecework).
To get an answer to this question, you should refer to Article 112 of the Labor Code of the Russian Federation, which lists non-working holidays:
- January 1-6 and January 8 (New Year holidays);
- January 7 (Christmas Day);
- February 23 (Defender of the Fatherland Day);
- March 8 (International Women's Day);
- May 1 (Spring and Labor Day);
- May 9 (Victory Day);
- June 12 (Russia Day);
- November 4 (National Unity Day).
A detailed calendar with weekends and holidays can be found here.
On official non-working days, employees of organizations are invited to work on the basis of an order.
Deputy head of Rostrud Ivan Shklovets told how to calculate additional pay for work on weekends and holidays;
- assignments for called workers, accounting and personnel officers.
See below for examples of orders to work on weekends and holidays in 2019 for different cases.
Journal experts warn
There are cases when an accountant needs to clearly distinguish between weekends and holidays. It depends on this whether he correctly calculates payments to employees.
Details in the article “How do entrance days differ from holidays”
In order to allow an employee to go on his legal day off, he must first be made aware of his full right to refuse to work on his day off in writing. Convey to him the need for his participation in production. Then get his consent to do this work. Then place an order. There is no need to puzzle over what an order for work on weekends looks like, a sample of which can easily be found in the accounting documentation.
On the order, the employee writes in his own hand that he is familiar with the contents and his rights, and agrees to work on days off. Or a separate notice is created on a piece of paper and signed by all workers required by production on a day off.
The main thing is that the employer has proof that the employee was notified of the need to perform his work on the day off, and gave his consent to this. If an employee does not show up for work on the scheduled day off, this will be considered absenteeism, and his signature on the order will be evidence of his guilt.
Providing employees with rest on days defined by the Labor Code of the Russian Federation as public holidays is the responsibility of the employer - this conclusion follows from the provisions of Art. 113 Labor Code of the Russian Federation. At the same time, compliance with the instructions of the Labor Code of the Russian Federation regarding the definition of days that are non-working holidays
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, and decrees of the Russian Government regarding the postponement of holidays falling on weekends is also mandatory. In this regard, the employer may not issue an order for a holiday (or several such days) for his enterprise.
However, in this situation, experienced personnel service employees still recommend issuing an order for employees to rest on holidays in order to ensure that all employees are informed about the working hours on these days. As a rule, organizations issue one such order before the start of the calendar year, which records all non-working holidays for that year.
Note! To prepare an order for a holiday, it is advisable to be guided by the production calendar.
At the same time, the provisions of the Labor Code do not prohibit the manager from providing his employees with additional non-working days in connection with the celebration of any memorable dates, religious holidays or for other reasons. In this case, the employer will need to issue an order on a public holiday and bring its contents to the attention of the entire team.
Reference
The current labor legislation does not contain instructions regarding a sample order for a holiday, therefore each enterprise has the right to form it in accordance with accepted document flow standards. However, when issuing such a document, the general rules for drawing up administrative documents apply.
The content of the order must contain an unambiguous indication of which days in the organization are holidays and what the basis for such a decision is. For example, a resolution of the Russian Government or a collective agreement, a local regulatory act - such as internal labor regulations or another document - can act in this capacity. The text of the document must also clearly state how holidays are paid.
https://youtu.be/EhaydyO7pjI
In addition, the order on holidays must necessarily contain the signature of the head of the enterprise. It is also worth recording here the persons who are responsible for informing employees about the employer’s decision and executing the contents of the order.
Note! If employees are given an additional holiday, it is necessary to review the standard working hours for each of them in a given month.
At the same time, in practice, for situations where providing employees with an additional day off is associated with a corporate memorable date and involves the team spending time together as part of its celebration, another option for resolving this issue is common.
In this case, many employers simply do not make any changes to personnel and accounting documents, as a result of which this day in the documentation passes as part of the normal labor process. This greatly facilitates the work of HR employees, since it relieves them of the burden of preparing and issuing local regulations related to the additional holiday.
Order to work on a day off
The practice of affixing a seal is now gradually becoming obsolete, but if the letterhead implies its presence, then it can be affixed. As for the storage period, since the order to work on a day off refers to orders for personnel, it must be preserved for 50 years. Many organizations transfer this kind of paper to the archive for long-term storage.
If the entire work process is based on working on holidays and general weekends, then this must be noted in the employment contract and internal documentation of the organization. Such employees can be journalists, artists, professional athletes. In short, all those who work in the service and entertainment sectors.
LABOR CONSULTANT
Rest is an inalienable right of every employee, clearly regulated by current legislation. However, there are also cases when the employer requires that you begin performing duties in your free time, that is, on weekends. What should a manager do in this situation and avoid penalties from inspection authorities?
- Representatives of the employer determine the need for the employee to go to work on a day off;
- Then the manager’s order is drawn up in writing.
- If the employee is subordinate to the manager himself, then you can do without this document. The manager draws up a special note, which reveals in detail the need to attract a specialist to such work, indicates the upcoming working conditions (this includes the amount of time to be worked, the location, a list of certain actions that will be needed for the employee).
How to declare weekends as working days order
I put it on my timesheet as a working day! Vote for best answer. ArtemSam Master 9 years ago It is not only necessary to carry out orders. But also collect statements from employees that they are not against working on a day off. Olga Artificial Intelligence 9 years ago involvement in work on weekends and holidays should only occur with the written consent of the employee.
If it were possible to return maternity capital back, we would do so. They don’t complain about life - every year they go to Turkey, Sochi, and this year Crimea. The payment amount can also be checked. In connection with the dismissal -. Even the letters that are used to number houses can also be converted into digital expression.
Basis for drawing up an order for overtime work
During the course of their work, an employee may be required to work overtime or work on weekends and holidays. Article 99 of the Labor Code of the Russian Federation lists possible grounds for drawing up an order to work on a day off:
- the presence of work, the failure of which may result in damage or destruction of the employer’s property, state or municipal property, or create a threat to the life and health of people;
- during the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;
- if the replacement employee fails to appear, if the work does not allow a break.
This is interesting: Letter of appeal to the manager sample
Work on weekends and non-working holidays is prohibited, except in cases provided for by labor legislation (Part 1 of Article 113 of the Labor Code of the Russian Federation).
An employee’s involvement in overtime work or work on weekends and holidays is carried out on the initiative of the employer, but with the written consent of the employee himself in accordance with Part 2 of Art. 99 and part 2 of Art. 113 Labor Code of the Russian Federation. Labor Code of the Russian Federation in Part 3 of Art. 99 and Part 3 of Article 113 of the Labor Code of the Russian Federation regulates the list of works for which the employee’s consent is not required. After receiving consent, the employer draws up a sample order to leave on a day off.
Contents of the order to work on holidays or weekends
An order to engage in overtime work is drawn up arbitrarily, since it does not have a unified form.
The presented sample order for employment on a day off contains the following data:
- date and number;
- reasons for involving an employee to work overtime or on weekends (holidays);
- date and time of attraction or name of the day off (holiday);
- information about the employee (last name, first name, patronymic, position, structural unit);
- type of compensation provided.
The employee has the right to the following types of compensation:
- increased payment for working hours;
- providing additional rest time regardless of working hours.
The order to go to work on a day off is signed by the head of the organization. If a primary trade union organization has been created in the company, then the draft order must be agreed upon with this trade union organization. This personnel document is registered in the order register and stored in the organization for 5 years.
Additional day off from the company
Labor relations are regulated by regulatory legal acts of state authorities and local self-government, as well as collective agreements, agreements and local regulations containing labor law norms (Article 5 of the Labor Code of the Russian Federation). The adoption of local regulations is one of the fundamental rights of the employer. The employer is obliged to familiarize employees, against signature, with the adopted local regulations directly related to their work activities (Article 22 of the Labor Code of the Russian Federation).
Weekends and non-working holidays refer to rest time (Article 107 of the Labor Code of the Russian Federation), during which the employee is free from performing work duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).
Can an organization declare December 31 a holiday?
Remember the Labor Code of the Russian Federation Article 22. Basic rights and obligations of the employer The employer is obliged to: comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts; provide employees with work stipulated by the employment contract;
Additional days off are established for all employees. This means that if, after the establishment of additional days off, one of the employees is required to work on these days in the manner prescribed by Article 113 of the Labor Code, a corresponding order must be issued.
Legislative norms
The main regulatory document is the Labor Code of the Russian Federation:
Art. 113 regulates the procedure for working on holidays. It also lists situations where employees do not have the right to refuse to go to work even on such days.
Art. 153 defines possible options for remuneration for work on holidays.
This is interesting: Sample employment contract with irregular working hours
In Art. 259, 264, 268 list categories of citizens who are prohibited from being employed on weekends;
In Part 2 of Art. 372 states that the employer must take into account the opinion of the trade union.
The Code of Administrative Offenses of the Russian Federation establishes liability for violation of labor legislation (Article 5.27).
Order to work on a day off
If the organization’s accounting policy states that employees are paid at an hourly rate, then the monthly hourly rate can be calculated in two ways: 1) based on the average monthly number of hours (data taken from the production calendar) 2) based on the actual number of working hours in the month, in which there was a day off (data on hours from the production calendar)
In accordance with Article 153 of the Labor Code of the Russian Federation, payment for work on a weekend or a holiday can be paid in two ways: 1) in double the amount based on the daily OR hourly tariff rate for employees whose work is paid at daily and hourly tariff rates. 2) 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.
We invite you to work on weekends and non-working holidays
As of: 11/15/2010 Magazine: Personnel Directory Year: 2010 Author: Anna Vladimirovna Batura, Lidiya Aleksandrovna Potapova Topic: HR documents, Work on weekends and non-working holidays, Remuneration Heading: Procedure: step by step...
- Document templates
- Memorandum on recruitment to work Memo on eliminating the consequences of an industrial accident Journal of registration of orders for personnel Journal of registration of orders for core activities Journal of registration of official notes Order on attraction to work Order on eliminating the consequences of an industrial accident Time sheet
Regulations
Labor Code of the Russian Federation (extract)
New Year is approaching. Non-working holidays and postponements will give a total of 10 days of “vacation” in January. However, an organization may need to encourage staff to work on well-deserved days off. In fact, work on such days is prohibited. And yet there are legal ways to “call” an employee to work. What procedure must be followed and what documents must be prepared? Let's look at all the options step by step.
First of all, we note that, as a general rule, working on weekends and non-working holidays is prohibited, except in cases expressly provided for by the Labor Code of the Russian Federation. It is strictly prohibited to engage the following workers to work on weekends and non-working holidays: 1) under the age of 18, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation); 2) pregnant women (Part 1 of Article 259 of the Labor Code of the Russian Federation).
The law guarantees these employees timely and complete rest, which means that no circumstances can serve as a basis for involving them in work on weekends and non-working holidays, even if the employees themselves agree to this.
In accordance with Part 6 of Art. 113 of the Labor Code of the Russian Federation on non-working holidays it is allowed to carry out: • work, the suspension of which is impossible due to production and technical conditions (in continuously operating organizations); • work caused by the need to serve the population; • urgent repair and loading and unloading operations. However, the possibility of working on weekends is not limited to performing these types of work.
In some situations, employment on weekends and non-working holidays is possible only with the written consent of employees. Sometimes even such consent will not be enough, and it is necessary to take into account the opinion of the elected body of the primary trade union organization. At the same time, the law provides a list of exceptional cases when the employee’s consent is not required.
The complexity of the procedure and the number of documents created primarily depend on the reasons why there is a need to interrupt the employee’s rest. For some categories of employees, the Code provides additional guarantees. These should also be taken into account.
The conditions that must be met to attract workers to work on weekends or non-working holidays are presented in the table (see Appendix
).
Under very special conditions, 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 are invited to work on weekends and non-working holidays , in accordance with the lists of jobs, professions and 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. Such work is carried out by them in the manner established by: • a collective agreement; • local regulations; • employment contract.
Please note: the procedures for attracting work on weekends and non-working holidays, which we will consider in this article, will apply to “creative” workers if a similar procedure is established for them in the specified documents.
Part 8 art. 113 of the Labor Code of the Russian Federation provides that an employee’s involvement in work on a day off or a non-working holiday is carried out by written order of the employer. Thus, in all cases, the decision to involve an employee in work is made by an authorized official - the head of the organization or an employee entrusted with such functions.
. Meanwhile, these employees may not always be aware of all current affairs in the organization.
The reasons that require an employee to be present at the workplace on a weekend or non-working holiday, as we have already found out, can be very different. And in order for the employer’s representative to make a decision about the need to involve an employee in work, it is necessary to inform him about this in writing
. In practice, a memorandum is most often drawn up for these purposes. The text of this document names the circumstances in connection with which there was a need to perform work on a day off or a non-working holiday (industrial accident, industrial accident, the need to perform unforeseen work, etc.), as well as information about when and which employee needs to be brought to work. Exceptional circumstances referred to in such a memorandum may be previously recorded by the relevant act.
Let's see what actions need to be taken to attract workers to work, depending on the conditions for such attraction.
Option 1. Cases in which the employee’s consent is not required
Let's consider this procedure using the example of a situation where employment on a non-working holiday is required to eliminate the consequences of an industrial accident (Part 3 of Article 113 of the Labor Code of the Russian Federation).
Stage 1 Documenting the need to involve the employee in work
The need to involve an employee in work to eliminate the consequences of a production accident is recorded in a memorandum.
Step 1 Drawing up a memorandum
Step 2 Register the memo
The memorandum must be registered in a special accounting form used for registering internal documents, for example, in the Journal of Registration of Internal Memos.
The assigned registration number is indicated on the report.
Step 3 Submit the report to the manager for consideration
To make a decision on inviting an employee to work on a day off or a non-working holiday, a memorandum is sent to the head of the organization or other official who has the right to regulate the working hours and rest hours of employees.
Step 4 We receive a memo with the manager’s resolution
In his resolution on a memorandum, the head of the organization or other authorized official determines the actions that must be taken to attract an employee to work on a weekend or non-working holiday.
Step 5 We send a memo to the case. Stage 2 Issuing an order to eliminate the consequences of an industrial accident.
The need to carry out work to eliminate the consequences of an industrial accident, as a rule, is recorded in the order for the main activity.
Step 1 We draw up a draft order
Step 2 Sign the order
An order to eliminate the consequences of an industrial accident is signed by the head of the organization or another authorized person.
Step 3 Register the order
An order to eliminate the consequences of an industrial accident must be registered in a special registration form, for example in the Register of Orders for Main Activities.
The corresponding registration number and registration date are indicated on the order.
Step 4 We familiarize workers with the order against signature.
Workers responsible for carrying out the actions specified in the order must be familiarized with the order against signature.
Step 5 Sending the order to action
Orders for main activities and orders for personnel are stored separately. A note is made in the lower left corner of the order regarding the sending of an order to eliminate the consequences of an industrial accident.
Information about sending the order to the case must also be reflected in the registration form.
Stage 3 Issuance of an order to attract an employee to work on a day off or a non-working holiday
Involving an employee to work on a day off or a non-working holiday is formalized by an order (instruction) of the employer regarding personnel. The unified form of such an order has not been approved, therefore the order is issued in free text form on a personnel order form developed by the employer.
Step 1 We draw up a draft order
An order to engage an employee to work on a weekend or non-working holiday must indicate the purpose and date of such engagement. The order may also indicate how such work will be compensated. The basis for issuing such an order is an order for the main activity to eliminate the consequences of an industrial accident.
Step 2 Sign the order
An order to engage an employee to work on a day off or a non-working holiday is signed by the head of the organization or another authorized person.
Step 3 Register the order
An order to engage an employee to work on a day off or a non-working holiday must be registered in a special registration form, for example in the Personnel Order Register.
The corresponding registration number and registration date are indicated on the order.
Step 4 We familiarize the employee with the order against signature.
The employee must be familiarized with the order to be hired to work on weekends or non-working holidays against signature.
Orders for personnel are stored separately from the order
Step 5 Sending the order to action
basics of core activities. At the same time, orders for personnel that have different storage periods must be formed into separate files. A note is made in the lower left corner of the order regarding the sending of an order for employment on weekends or non-working holidays.
Stage 4 Registration of a time sheet
The employer is required to keep records of the time actually worked by each employee. This means that going to work on a day off or a non-working holiday must be recorded in the report card.
To record the time actually worked by an employee, a timesheet for recording working hours and calculating wages (unified form No. T-12) or a timesheet for automated processing of accounting data (unified form No. T-13) is used.
Stage 5 Payment for work on a weekend or non-working holiday
Remuneration for work on weekends or non-working holidays is regulated by Art. 153 Labor Code of the Russian Federation. As a general rule, such work is paid to employees at least double the amount.
Specific amounts of payment for work on a weekend or non-working holiday can be established by a collective agreement, a local regulatory act adopted by the employer taking into account the opinion of the elected body of the primary trade union organization, for example, the Regulations on Remuneration.
At the employee's request, work on a weekend or non-working holiday can be compensated by providing another day of rest. In this case, work is paid in a single amount, and a day of rest is not subject to payment.
Option 2. Cases in which the employee’s consent is required
We will consider the involvement of an employee in work on a non-working holiday with his written consent using the example of the need to perform unforeseen work, on the urgent implementation of which the normal work of an organization serving the population depends.
Stage 1 Documenting the need to involve the employee in work and obtaining his written consent
Involving an employee in performing previously unforeseen work on a weekend or non-working holiday begins, as a rule, with the preparation of a memo.
Step 1 Drawing up a memorandum
Step 2 We draw up the employee’s written consent
Since in this situation, recruitment to work is possible only with the consent of the employee, it must be formalized in writing. This can be done as follows: the employee puts an acquaintance visa on the memo, expressing his consent to be hired to work on a weekend or non-working holiday.
Step 3 Register the memo
Step 4 We submit the memo to the manager for consideration. Step 5 We receive the memorandum with the manager’s resolution
Step 6 We send a memo to the case. Step 2 Issuing an order to attract an employee to work on a day off or a non-working holiday Step 1 We draw up a draft order
The basis for issuing the order will be a memorandum with the employee’s written consent to be hired.
Step 2 Sign the order Step 3 Register the order Step 4 Introduce the order to the employee against signature Step 5 Send the order to the file Step 3 Prepare a time sheet
Stage 4 Payment for work on a weekend or non-working holiday
See Step 5 for Option 1.
This time, we examined step by step the procedure for involving an employee to work on weekends and non-working holidays in situations where it is not required and when his consent to work is required. However, in a number of cases, in addition to obtaining the employee’s consent, the law requires the employer to take into account the opinion of the elected body of the primary trade union organization. How the procedure for attracting an employee to work on a weekend or non-working holiday in such a situation will differ, we will examine in detail in the next issue.
Application
Recruitment to work on weekends or non-working holidays
Order on declaring a day off for workers: Sample order on declaring a day off on a working day
Please help. We really need a sample order for inviting employees to work on a day off with their consent. Labor Day It is planned to move the day off from Saturday, December 29 to Monday, December 31. December 29 is a working day;
- Sample order declaring a day off as a working day. . . . About the announcement of a day off. . .
- . . . To download a torrent order to declare a day off as a working day. . . During the working day. . .
- Date: World artistic culture. Grades 6-11 - Education Class. Artistic. . .
Order for working days on weekends
With a five-day work week, employees have the right to two days off - usually an example of drawing up an order to be hired to work on a day off. Do you need to issue orders regarding holidays? What should be the order for duty on holidays in the form of an employee’s mark on the order to be hired to work on a weekend or holiday: “I agree to be hired to work.” An order to work on a day off - a sample of this document can be found in our article. How are New Year holidays paid in 2020? Sample order for work on holidays in 2020 Please note! The procedure for calling an employee to the workplace on a day off, when to leave, when not. But employees may be required to work on weekends and holidays with their written consent or, without their consent, in cases established by law.
Start date and schedule
There is a law on weekends and holidays. After all, in order for a person to do his job well, he must fully rest. Nobody wants tired and exhausted workers.
Article 113 of the Labor Code of the Russian Federation on the “Prohibition of work on weekends and non-working holidays” states that there are “Special situations for attracting workers to work on holidays and weekends,” which are considered types of activities of a continuous nature related to serving the population, loading and unloading and urgent repairs.
Before drawing up an order for a non-working day, looking at a sample order for work on a day off with time off, you should find out which employee can be involved in working on a day off and which cannot.
In any case, there must be a compelling reason to send a person to work on a non-working day.
Working on weekends and holidays is not allowed for minor workers, pregnant women, disabled people and workers with small children under three years of age.
In order for an employee to be allowed to work on a day off, he must provide written consent in the form of an application and signature. The application must indicate that you agree to work, for example, on Saturday. For registration, you need a sample order to work on weekends in the Republic of Belarus. The resulting order must also include a note that the employee agrees to work on his day off and his signature.
Some organizations engaged in serving the population have the right to work on weekends and holidays. In this case, workers usually change each other every two to three days, and any day of the week that falls between shifts is considered a day off.
A shift schedule is also appropriate in continuous production, such as food production.
But if the organization does not fall into the acceptable categories of enterprises for frequent work on weekends, you should be careful and each time come up with a new reason for the withdrawal of employees.
Employees of the Ministry of Emergency Situations do not have the right to rest on weekends if some kind of emergency situation arises that requires urgent intervention.
Employees engaged in creative, entertainment, journalistic, educational sports and professional sports activities also have a separate right to work on weekends. Their specific days off must be specified in the employment contract with their employer.
To correctly document work on a weekend, a sample order for work on weekends is required. This document is required in all cases where the production process requires workers to go out on a day that would normally be considered their day off. If the organization has a shift system and the shift falls on a weekend, then it is considered a regular working day.
The order to bring an employee to work on a day when everyone is resting indicates the date and duration of the work shift. The document also specifies the conditions for compensation for time taken in the form of time off or double pay. The order is signed by the employee who is sent to work on the day off, the director and the person making payroll (accountant or chief accountant).
- Sample Order on work on weekends due to production needs:
LLC "Mouse and Co"
Order No.____
On inviting an employee to work on a day off.
Kazan from December 10, 2020
We invite you to familiarize yourself with the court order of the magistrate court amount
Due to production needs
I ORDER:
- Call foreman I.I. to perform work duties on a day off - December 12, 2020 for 3 hours from 10.00 to 13.00 without a lunch break. Ivanov with his consent in writing.
- Payment for 3 hours worked on a day off should be doubled, in accordance with Art. 153 Labor Code of the Russian Federation.
- When calculating wages for accountant P.V. Petrov to take into account this order.
Head __________________ S.S. Sidorov
Chief accountant _______________ P. V. Petrova
Master ________________________ I.I. Ivanov
LLC "Mouse and Co"
Order No.____
Due to the need to perform urgent work
I ORDER:
- Call foreman I.I. to perform work duties on the day off - December 12, 2020. Ivanov with his consent in writing.
- For a day off spent at work, provide the employee with an additional day of rest without pay.
- Payment for going to the enterprise on a day off should be made in the usual amount.
- When calculating wages for accountant P.V. Petrov to take into account this order.
You can also indicate in the order the purpose of going to work, the amount of work or the number of units produced in the form of a plan for the work shift.
The head of the organization decides how to pay employees for their work on a day off. This can be an hourly payment or the entire working day. This must be specified in the cooperation agreement between the organization and the employee.
If an employee is paid according to the hours actually worked, then for the weekend worked he is entitled to double the rate for the hours worked.
If the payment is piecework, then for the day off you are entitled to double the amount for the unit produced. All this must be endorsed with signatures on paper, which is drawn up according to the model of an order for work on weekends and double payment.
If payment is made in a fixed amount every month, then the employee has the right to take time off or choose a double rate. The person decides for himself in what form to receive compensation and must notify the employer about this in writing, in the form of an application.
If an employee has expressed his desire to receive time off in return for a day worked, he must notify the employer about this in advance. Preferably before that very day off. The application must be submitted in writing. You can also make a note on the order for return to work “with subsequent provision of time off.”
https://youtu.be/efcSO6EPR4E
A sample order for work on a day off for time off will help you draw up this document. Then management decides whether to agree to the employee’s conditions or not. If the latter is denied compensation for going to work on a day off in the form of an additional day of rest, he has the full right to refuse to go to work on a day off. But only if this is not an emergency situation that does not require the employee’s consent.
The employee has the right to choose the date of the day off or an additional day of rest, but he must notify management of his desire to take that particular day in advance and in the form of a statement. Upon dismissal, if the day off is not used, the employee has the right to compensation in cash.
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.
Labor Code of the Russian Federation).
The listed categories of personnel do not work on weekends and holidays. To involve other employees, their written consent is required
The consent of employees is not required if a person is called:
- prevent or eliminate the consequences of an industrial accident, catastrophe, natural disaster;
- prevent accidents, destruction or damage to property;
- for work the need for which arose due to a state of emergency or martial law, as well as in other cases that threaten the normal life of citizens.
Special rules apply:
- for creative workers, artists, journalists and other employees listed in Part 4 of Article 113 of the Labor Code of the Russian Federation and the Decree of the Government of the Russian Federation of April 28, 2007.
Every citizen officially employed in a state or commercial organization has the right to regular rest. The guarantor of this right is the Labor Code of the Russian Federation. According to Article 111 of this code, employers are required to provide one or two days off per week. According to Article 112 of this code, official holidays are also recognized as non-working days.
However, there are a number of exceptions, using which the employer has the opportunity to order his employees to work on official days off. The conditions for converting weekends into working days are reflected in Article 113 of the Labor Code of the Russian Federation. One of these conditions is the issuance of an order on wages on a day off.
Problems rarely arise with the execution of orders drawn up in any form. The document should be provided with a standard set of information (indicate the name of the organization and other details of the “cap”, title, provide a place for the seal and signature of the manager), and also clearly formulate the essence of the order - for example, “in connection with the celebration of the anniversary of the creation of the company, I order that March 13, 2020 be considered year on a day off."
Remuneration: analyzing complex situations
Below is the name and position of the employee who is responsible for the timely familiarization of the company personnel with the document. The order is certified in the usual manner and then brought to the attention of employees. In the database of electronic documents of the magazine “Personnel Affairs” there is a ready-made sample that can be taken as a basis when drawing up an order, supplementing it with the necessary information, links to the employer’s local documentation and other data (as appropriate).
Strict duty In addition to the information above, there are currently situations where an employee is obligated to work on holidays or weekends even when he has not given his own consent to this. Among them are the following points:
- Going to work to eliminate or prevent the consequences of a natural disaster, industrial accident or catastrophe.
- Work on weekends (Labor Code of the Russian Federation) to prevent damage or destruction of the employer's property complexes, municipal or state property, as well as accidents.
- Going to work to carry out assignments, the need for which is determined by the introduction of a martial law or a state of emergency, as well as work of an urgent nature under extreme circumstances, that is, in the event of a disaster or its threat.
We invite you to familiarize yourself with the Features of accounting for income from work with a long execution cycle
Order to declare a working day
Thus, from the provisions of parts 1 and 5 of Art. 74 of the Labor Code of the Russian Federation and paragraph 21 of Resolution No. 2 it follows that the establishment of part-time work at the initiative of the employer can only take place in cases where the organization, in order to increase production efficiency, introduces new equipment or new technologies, reorganizes production units or improves workers places It is these circumstances, and not the deterioration of the financial position of the organization, that relate to changes in organizational or technological working conditions. However, economic reasons may still lead to such changes in some cases. So, for example, a change in the financial situation of the employer may prompt him to introduce new production technologies or change the process of operating equipment, etc. If changes in organizational or technological working conditions have not occurred, but only the volume of production has decreased, and for this reason the employer does not have the opportunity to ensure full employment of workers, downtime must be declared in the organization, and workers must be provided with related guarantees (Articles 722, 157 of the Labor Code of the Russian Federation). Rule 2. The period for which part-time work is introduced at the initiative of the employer must not exceed 6 months (Part 5 of Article 74 of the Labor Code of the Russian Federation). Rule 3. The decision to establish part-time work must be made by the employer, taking into account the opinion of the elected body of the primary trade union organization (if there is one in the organization). Rule 4. From January 1, 2009, the employer must inform the employment service authorities in writing about the decision to introduce part-time work within 3 working days after its adoption (Clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment of the population in the Russian Federation”). Rule 5. The employer is obliged to notify employees in writing no later than 2 months in advance about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated the need for such changes (Part 2 of Article 74 of the Labor Code of the Russian Federation). If an employee refuses to work part-time, the employment contract with him is terminated (Part 6 of Article 74 of the Labor Code of the Russian Federation). The basis for termination in this case will be clause 2, part 1, art. 81 of the Labor Code of the Russian Federation - reduction in the number or staff of an organization’s employees. So, let’s assume that the employer has complied with all legal requirements and part-time work has been introduced in the organization. As already noted, it can be introduced for a period of no more than 6 months. Now let’s decide - is it possible to extend this period? I will have to upset you, but the analysis of the provisions of Art. 74 of the Labor Code of the Russian Federation shows that neither the establishment of part-time work for a longer period nor its extension is allowed.
Method 2
If there are no grounds for re-introducing part-time work, you can try to establish part-time work in the manner provided for in Art. 93 Labor Code of the Russian Federation. According to this article, by agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established, both upon hiring and subsequently. In this case, part-time working time is introduced for a period determined by the employer and employee (Article 72 of the Labor Code of the Russian Federation). Let us emphasize once again that the establishment of part-time work is a change in the terms of the employment contract determined by the parties and, as a general rule, is allowed only by agreement of the parties. Such an agreement is concluded in writing. The law does not allow forced signing of an agreement to establish part-time work. In order for employees to meet you halfway, you will have to convince them that this is a forced measure, the purpose of which is, first of all, to preserve their jobs. And in order to avoid unnecessary questions from the inspection authorities, we recommend not concluding such agreements simultaneously with all employees of the organization (or with most of them). This may also raise suspicions that the employer is trying to increase the time frame for establishing part-time work by forcing employees to sign agreements to establish it.
Order to declare a working day a holiday
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.
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.
Order on pre-holiday shortened working day
In the order on a short pre-holiday day, it is advisable to indicate on what basis and by how much the pre-holiday day is shortened, as well as a list of employees or departments to which it applies (or an indication that the order applies to the entire organization).
A different situation is possible. For example, in continuously operating organizations and in certain types of work, where it is impossible to shorten the pre-holiday day, issuing an order is advisable. It will just help highlight the list of departments and employees who will not be able to work less on the eve of the holiday. But for them, this extra hour will still be considered overtime and will be compensated by either providing the employee with additional rest time or, with the employee’s consent, payment according to overtime work standards (Part 2 of Article 95 of the Labor Code of the Russian Federation).
11 Aug 2020 glavurist 699
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Order to work on a day off: sample
In order to avoid possible disputes and disagreements, it is advisable to draw up the order in two copies and issue one paper to the employee for signature. So, the two parties will have documentary evidence of this call, and if necessary, the employer will be able to provide evidence that the employee was notified about the call on a weekend or holiday. In addition, you can ask the employee to formalize his consent to work on a day off on a separate paper. It must be added that its compilation also corresponds to a free form.
So, to begin with, it will be useful to familiarize yourself with the calculation of the amount of compensation payment for work on holidays and weekends in the case of piecework payment. Employee X works as a courier. In May of this year, he delivered commercial products to 109 addresses. At the same time, he carried out his own labor duties on 05/01/2017 and 05/09/2017. It's no secret that these days are considered holidays. The courier made fourteen trips over two days. In this case, the payment for any departure is 250 rubles.
Is it necessary to draw up an order if the organization has introduced a shift work schedule?
If an employee works shifts instead of the usual five-day schedule, a special order is not needed to call him on a day off.
If such an employee’s shift coincides with an official day off, but not a holiday, he goes to work as usual and receives the standard pay stipulated by the contract. If a work shift falls on an official holiday, the tariff must be doubled based on a separate order.