Legislative regulation
There are a number of cases that are reflected in the Labor Code (Article 113), allowing the boss to organize the involvement of subordinates to work on a day off. Let's look at them in more detail:
- Urgent work available . If the employee does not complete it, the entire work process will be disrupted;
- The production process is set up in such a way that some of the workers still need to be on duty at work on weekends ;
- The organization's activities are related to the provision of services to the population, such as utility or repair services;
- An emergency has occurred : fire, explosion, gas leak.
In the cases listed above, the employee does not have the right to refuse and must go to work even on a day off at the first request of his superiors (Part 3 of Article 113 of the Labor Code of the Russian Federation).
On days off, and even from vacation, they may be called in due to production needs. Read about it here.
Application for working on a day off - sample
According to Art. 153 of the Labor Code of the Russian Federation, work on days off is subject to no less than double payment. The maximum amount is not established by law; accordingly, it can be any greater than that established in Art. 153 of the Labor Code of the Russian Federation, at the discretion of the authorities. If management decides to increase the amount of pay for work on days off, the specific amount must be fixed in a local act.
Art. 153 of the Labor Code of the Russian Federation allows the replacement of double pay by providing an additional day off if the employee does not want an increase, but wants to rest. The employee must notify management in writing of his choice in favor of a day off.
Consent and an application to work on a day off can be combined in one document. To do this, in the given sample you should add the phrase: “As compensation, I ask that you give me an additional day off on January 30, 2020.”
https://youtu.be/0jXr4pvN7wM
Categories of workers
There are categories of workers who should not work on weekends. To them, according to Article Art. 113 and Art. 259 of the Labor Code of the Russian Federation, include:
- disabled people
- women with children under three years old,
- single mothers or fathers with a child under 5 years old,
- workers who have children with developmental disabilities or seriously ill relatives.
Categories of employees who can work on weekends:
- Actors;
- Television and radio workers;
- Journalists;
- Concert workers, circus groups;
- Film workers.
But their exit must also be regulated by official documents - labor or collective agreements.
What days are considered weekends?
When determining what can be considered a day off, you should first of all be guided by the Labor Code, and specifically by Article 111 of this document. It states that rest days should be provided to all employees . And even if the organization has a six-day work week, then Sunday will be a day off in any case.
If the work schedule indicates a five-day work week, then legal days off are Saturday and Sunday.
In addition, we should not forget that there are official holidays . The list of holidays is regulated by the Labor Code of the Russian Federation, Article 112:
- January 1, 2, 3, 4, 5 and 7;
- February 23;
- March 8;
- May 1 and 9;
- 12 June;
- November 4.
Working on weekends: sample documents
The Constitution guarantees Russian citizens the right to rest. One of the confirmations of this guarantee is the ban on work on holidays and weekends. True, there are exceptions. When is it permissible to hire an employee to work on a day off{q} How to arrange such an exit in order to comply with labor laws{q} In this article we will look at how to do everything correctly.
All the nuances are described in Article 113 of the Labor Code of the Russian Federation. Here are the main conclusions from its contents:
- Calendar weekends and approved public holidays are days when employees must rest.
- If compelling production reasons arise, an employee can be called to work, but on the condition that he expresses his consent in writing.
- There are situations when going to work on a day off is mandatory under the Labor Code of the Russian Federation, even if there is no employee consent.
It is prohibited to use minors on rest days.
Some categories of workers have a shift work schedule. If Saturday or Sunday falls on such a shift, they are considered a regular working day. No special registrations are needed. But if the shift coincides with a non-working holiday, then you need to arrange a special exit.
Next, we will analyze each case in more detail.
https://www.youtube.com/watch{q}v=EhaydyO7pjI
Situations when the Labor Code allows work on weekends can be divided into two categories:
- For production reasons, with the obligatory consent of the employee.
- Due to emergency circumstances, without taking into account the opinion of the worker.
Call by consent
It happens that the further work of the company depends on the completion of urgent or unforeseen tasks. For example, the accounting department needs to have time to prepare many reports at once. Or the marketing department is preparing for an important exhibition on Sunday. These and other situations have one thing in common: business interests require that the task be completed during the designated rest period.
https://www.youtube.com/watch{q}v=Toc5pdc0v3w
The manager has no right to insist on calling employees. But he can ask for it. If a person agrees, he goes out to work. Consent must be provided in writing, preferably in advance. There is no strict deadline established by law; even registration directly on the release date is allowed. The main thing is not to do this retroactively.
Documenting
To avoid labor disputes with a subordinate, the employer must take a responsible approach to documentation. The Labor Code (Part 2 of Article 113) requires the employee’s consent in writing . It will not be possible to reach an agreement in words.
In addition, you first need to create a memo that the HR department sends to the director of the organization from the head of the department whose employee is called to work on his day off. It is necessary to indicate sufficiently compelling reasons to justify such a need .
Be sure to indicate the employee’s details and the day, as well as the exact period of time when he will be at work.
Sample memo:
When the memo is drawn up, it is time to issue a written notice. It methodically explains the type of work to be done, outlines the employee’s rights and indicates what caused the urgent need to work on a day off.
It is also advisable to indicate the forms of incentives that the employee will receive . This could be financial compensation or an additional day of vacation.
Sample notification:
If the documentation process is violated or management is negligent in respecting the employee’s right to rest, then in the future there is a chance to receive a fine if such errors are discovered by the labor inspectorate.
Consent to work
There is no general template for formalizing consent, so it should be written in free form. But there are universal requirements for a working document, which must still be indicated in it without fail.
The header of the document should contain the following content:
- addressee: name of the organization, position, full name of the head;
- information about the author of the document.
In the main text it is worth mentioning:
- the fact that the employee agrees to go to work on a strictly defined day;
- the employee is aware that he has the right to refuse to work on a day off;
- The employee has no medical restrictions due to health reasons.
Example of consent:
To draw up the document, you can use the company’s letterhead or on any ordinary paper ; there are no special requirements. The employee can even write the consent by hand, the main thing is that he gives voluntary consent to work on a day off. It is better, however, to print such an important paper on a computer in advance.
The document is drawn up in two copies, one of which remains in the hands of the employee, the second in the personnel department or the boss.
Sample order
After all formalities have been settled, you need to issue an order.
Sample order for work on a day off:
Sample employee consent to work on weekends
Sample of employee consent to work on a day off. Obtain consent from the employee to work on days off. a sample copy of the employment order, duly certified. It is not legally established in what form an employee’s consent to be hired to work on a day off should be expressed.
In accordance with the norms of current legislation, the employee is obliged to go to work on his day off or. Consent to work on a day off sample consent 2020. The employee must give his consent in writing that he agrees to go to work. Following the basis, we are preparing a sample order for working on a day off.
In this article I will immediately present to you several samples of consent to work on a day off.
An application for work on a day off is drawn up in any form.
Often such a statement is called consent (after all, the Labor Code of the Russian Federation speaks about the need to obtain consent from the employee) or a statement of consent.
It is addressed to the employer’s manager and contains information about the employee, the day off that is planned to be a working day, as well as the reason why there is a need to work on a day off.
Then you can become an expert on this project. Answer questions and you will not only be able to help your colleagues, but also receive a reward for each qualified answer.
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The article describes how to document and take into account the additional costs associated with this. No consent required. The employer has the right to involve an employee to work on a day off without his consent (Part 3 of Art.
113 of the Labor Code of the Russian Federation): - to prevent (eliminate the consequences of) an industrial accident, catastrophe, natural disaster; — prevention of accidents, destruction and damage to property; — performing work the need for which is due to the introduction of a state of emergency, as well as in other cases that threaten the life (living conditions) of the population.
Since, according to the law, no one can force a person to work on a day off (except for the exceptions described above), then drawing up consent is strictly voluntary.
Consent to being hired to work on a non-working holiday must be given by the employee who is hired to work on. Sample of an employee’s consent to go to work on weekends or holidays. Urgent work on repairs or unloading of new equipment, etc.
The possibility of attracting employees to work on weekends with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union. So, a few days before or on the eve of the employee’s expected exit. Sample order of the employer of an individual entrepreneur on admission.
Sample application for time off on account earlier. A single unified sample of consent to work on a day off. A sample of consent to engage in overtime work is a written confirmation that the employee is ready to work above the norm established for him.
We will tell you whether it is necessary to draw up such a document and how to do it correctly.
If it is necessary to involve a specialist to work on a day off, the organization’s management will need to obtain his written consent. The very fact of such involvement is formalized by order of the head. Consent is drawn up in free form, for which you can use the following template: I hereby inform you that I do not object to going to work on the day off January 28, 2019.
An employee may be required to work on a day off if it is necessary to perform unforeseen work, the urgent execution of which depends on the normal operation of the organization as a whole or its structural divisions. Consent is required.
In all other cases, for example, to carry out unforeseen work, on the urgent completion of which the normal operation of the company depends, the manager may ask the employee to go to work on a day off or a holiday (Part 2 of Art. Ban on working on days off.
A certificate from the place of employment at the place of request is a document certified by the enterprise.
https://www.youtube.com/watch{q}v=XbzBj-3fS2Q
It is used when contacting government agencies and to resolve everyday and family issues. But often the employee does not want to say why he needs the certificate, and he cannot be forced. And in this case, the form “for presentation at the place of request” is used.
Sample charter for a sports club Charter of a sports club: concept and requirements for it In Art. 2 of the Law “On Non-Commercial ...” dated January 12, 1996 No. 7-FZ, it is indicated ... If everything is set out in the application/service/order, etc.
And the manager signs these documents and does not object, then why not provide time off at a time convenient for the employee. You ask him to go out and work on his day off (he goes to meet you, so you go to him).
Verbally stipulate that he will take the time off not in December 2020, but let’s say until the end of February.
I, Roman Ivanovich Fedorov, agree to go to work on a day off on December 30, 2006. As you can see, the specified sample contains an agreement to work on a day off for only one employee. If you agree to work on a non-working holiday, please choose. Agreement to work on a day off, a sample of this document can be developed.
Application form for consent to work on a day off.
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Consultation with a lawyer on family issues (divorce, division of property, determining the place of residence of children, alimony, inheritance), housing, land. Banking disputes and much more...Sample consent and application for working on days off. Sample of an employee's written consent to work on a day off.
The Labor Code of the Russian Federation does not contain information on how to formalize an employee’s consent to work on a day off. The employee’s consent to be involved in work on weekends and holidays.
The consent can be written in one copy, but it is better to make two – one, after approval from a representative of the organization, keep it with you, and give the second to the employer.
https://www.youtube.com/watch{q}v=-DT9j_ah1DM
Along with the procedure specified above, it is necessary to remember that disabled people and women with children under 3 years of age can be recruited to work on weekends, provided that this is not prohibited for them due to health reasons in accordance with a medical report.
If for some reason an employee does not want to work on a day off, he does not even have to sign anywhere; it is enough to simply notify his superiors verbally.
These are creative workers: artists, musicians, painters, media workers, television workers, etc. There are categories of workers who should never, under any circumstances, be involved in performing work duties on weekends.
Please tell me if there are requirements for individual entrepreneurs to have a staffing table, regulations on remuneration, internal regulations, etc. {q} Almost immediately after the inauguration of the newly elected President of the Russian Federation V.V.
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Those women who permanently live on the territory of Chernobyl or work in this area are entitled to certain social privileges, which are associated not only with maternity leave, but also with child benefits. Unfortunately, the amount of such payments is not too high, however, since documents for them are submitted along with papers for child benefits, ...
An application for study leave is an application to the employer with a request to give one or more weeks to pass exams or resolve other educational issues. Some forms of training require a lot of dedication and time, which makes it impossible to combine work and, for example, a session. In this case, you can take a vacation, and for this you will need to write the application correctly.
After this comes the main part:
- the fact of consent to work on a strictly defined day is recorded (a specific date is entered here);
- the employee must indicate that he is aware that he has the right not to go to work on his day off;
- certify that the employee has no contraindications (neither medical nor legal) for performing work functions on such a day.
Please note that when an employee works on a shift schedule and his shift coincides with a general day off (for example, Sunday), such a day is paid as a regular working day, i.e. in a single amount.
Accordingly, rest is not allowed for such work.
This is due to the fact that such workers’ days off fall on other days (for example, Tuesday-Wednesday) and the employee is not deprived of his legal right to a weekly rest.
