Day off duty. How to arrange duty at home on weekends? Analysis of a typical duty situation on weekends and holidays: payment

For medical workers, a reduced working time of no more than 39 hours per week is established. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government Russian Federation.

For medical workers of healthcare organizations living and working in rural areas and urban settlements, the duration of part-time work may be increased by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and all-Russian association of employers.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in previous

(part three introduced by Federal Law dated August 22, 2004 N 122-FZ)

In order to implement the program of state guarantees of free provision of emergency or emergency medical care to citizens, medical workers of medical organizations, with their consent, can be assigned to duty at home.

(part four introduced by Federal Law dated 06/07/2013 N 125-FZ)

Duty at home is the stay of a medical worker of a medical organization at home while waiting to be called to work (to provide medical care in an emergency or urgent manner).

(part five introduced by Federal Law dated 06/07/2013 N 125-FZ)

When taking into account the time actually worked by a medical worker of a medical organization, the time spent on duty at home is taken into account in the amount of one-half of an hour of working time for each hour of duty at home. The total working time of a medical worker of a medical organization, taking into account the time on duty at home, should not exceed the standard working time of a medical worker of a medical organization for the corresponding period.

(part six introduced by Federal Law dated 06/07/2013 N 125-FZ)

Features of the working time regime and recording of working time when medical workers of medical organizations perform duty at home are established by the federal executive body that carries out the functions of developing public policy and legal regulation in the field of health care.

(Part seven introduced by Federal Law dated 06/07/2013 N 125-FZ)

ConsultantPlus: note.

Employment contracts with heads (deputies) of medical organizations who have reached 65 years of age as of 10/01/2017 or who will turn 65 years of age within 3 years from this date are valid until the expiration of the contracts, but no more than until 10/01/2020 (Federal Law dated 07/29/2017 N 256-FZ).

The positions of managers, deputy heads of medical organizations subordinate to federal executive bodies, executive bodies of constituent entities of the Russian Federation or local governments, heads of branches of medical organizations subordinate to federal executive bodies are filled by persons under the age of sixty-five years, regardless of the validity period of employment contracts Persons holding these positions and who have reached the age of sixty-five years are transferred, with their written consent, to other positions corresponding to their qualifications.

(part eight introduced by Federal Law dated July 29, 2017 N 256-FZ)

The founder has the right to extend the tenure of an employee holding the position of head of a medical organization subordinate to a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body until he reaches the age of seventy years upon the proposal of a general meeting (conference) of employees of the specified medical organization .

(part nine introduced by Federal Law dated July 29, 2017 N 256-FZ)

The head of a medical organization subordinate to a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body has the right to extend the tenure of an employee holding the position of deputy head of the specified medical organization or the position of head of a branch of a medical organization subordinate to the federal executive body, until he reaches the age of seventy years in the manner established by the charter of the medical organization.

(Part ten was introduced by Federal Law dated July 29, 2017 N 256-FZ)

In addition to the grounds provided for by this and other federal ones, the basis for termination of an employment contract with the head, deputy head of a medical organization subordinate to a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body, or the head of a branch of a medical organization subordinate to a federal executive body is reaching the age limit for holding the relevant position in accordance with this article.

(Part eleven introduced by Federal Law dated July 29, 2017 N 256-FZ)

<< ТК РФ, Статья 349.5.

Is telephonic duty from home legal during the holidays?

Posting information on the average monthly salary of managers, their deputies and chief accountants of organizations on the Internet information and telecommunications network

Labor Code of the Russian Federation, Article 351. Regulation of the labor of creative workers mass 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 >>

Art. 350 Labor Code of the Russian Federation. Some features of labor regulation for medical workers

Labor Code of the Russian Federation

with comments

Commentary on Article 113

§ 1. Article 113 has been radically changed structurally and in content, retaining its main goal - to provide rest for workers on weekends and non-working holidays. For this purpose, work on these days is generally prohibited.

§ 2. In Art. 113 establishes a list of grounds for attracting workers to work on weekends and non-working holidays, and the procedure for attracting them to work. Their text indicates that cases of attracting an employee to work on these days can only occur as an exception to the general rule.

§ 3. In Art. 113 shows four groups of cases (grounds) when the Code allows for the involvement of employees in work on weekends and non-working holidays and establishes its own procedure for each of them.
1. The first group includes cases of the need to perform work that was not foreseen in advance, on the urgent implementation of which the future normal operation of the organization as a whole or its individual structural divisions, or an individual entrepreneur depends. In these cases, involvement is possible with the written consent of the employee.
2. The second group includes cases of attracting workers to work for a specific purpose in extraordinary (emergency) situations:
1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work under emergency circumstances, i.e. in the event of a disaster or threat of disaster (fire, flood, famine, earthquake, epidemic or epizootic) and in other cases threatening the life or normal living conditions of the entire population or part of it. In these special (emergency) cases, the consent of employees to be hired to work is not required.
3. The third group of cases assumes the presence of other situations requiring the involvement of employees to work on weekends and non-working holidays. Apparently, this refers to situations that arise for employers, but do not belong to the first two groups. In these cases, in addition to the written consent of the employee, it is necessary to take into account the opinion of the elected body of the primary trade union organization. However, the procedure for taking into account the opinion of this body is not directly defined in the Code. Article 372 establishes the procedure in relation to local regulations. We can only recommend using in practice the procedure provided for in Art. 372. It is obvious that it is advisable to determine the procedure for taking into account the opinion of a given trade union body on the issue under consideration in collective agreements, agreements, and local regulations, using an analogy with Art.

Doctors on duty at home: taking into account time (Davydova E.V.)

372.
4. The fourth group consists of work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.
For these cases, the procedure for attracting employees to work on weekends and holidays is not established by the Code. Practice considers the performance of such work as a labor duty of workers.

§ 4. For some categories of workers, the Code provides for a direct ban or restrictions on being hired to work on weekends and non-working holidays:
1) Article 268 prohibits employing workers under the age of 18 to work on weekends and non-working holidays (with the exceptions specified in the same article);
2) it is prohibited to hire pregnant women to work on these days (see Part 1 of Article 259);
3) hiring women with children under three years of age to work on these days is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical certificate issued in the manner established federal laws and other regulatory legal acts Russian Federation. At the same time, female workers must be informed in writing (Article 113 says “against signature”) of their right to refuse to engage them in work on weekends and non-working holidays (see Part 2 of the same article, Part 7 of Art. 113);
4) the above guarantees for women are provided to mothers and fathers raising children under 5 years of age without a spouse, having disabled children, as well as employees caring for sick members of their families in accordance with a medical report (see Part . 3 art. 259);
5) engaging disabled people to work on weekends and non-working holidays is permitted only if such work is not prohibited for them due to health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people must be familiarized with their signature on their right to refuse to work on a day off or a non-working holiday (Part 7 of Article 113 of the Labor Code).

§ 5. Article 113 of the Labor Code provides for the legal form of an employer’s act on inviting employees to work on weekends and non-working holidays. Such an act must be a written order of the employer.
Article 113 of the Labor Code provides the basis for determining the content of such an order (instruction). It should indicate the case (ground) in connection with which employees are involved in work on a day off or a non-working holiday, a specific date, the names of the employees involved on this day (which is important for subsequent compensation for this work), the written consent of each of them them. The order should be accompanied by the written consent of each employee to work on that day, and if the number of such workers is small, their written consent can be expressed directly at the employer’s order.

§ 6. Work on weekends and non-working holidays is paid at least double the amount. At the request of the employee, instead of increased pay, he may be given another day of rest, which is not subject to payment (see parts 1 and 2 of Article 153 of the Labor Code).

§ 7. The general rules for attracting workers to work on weekends and non-working holidays have been adjusted taking into account the characteristics of certain categories of workers specified in Part 3 of Art. 113 TK.
For creative workers (workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other creative workers), as well as professional athletes, the Code provides for the admissibility of being recruited to work on weekends and non-working holidays in accordance with with lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social labor relations, and in the manner established by the collective agreement, local normative act, employment contract (part 4 of article 113).
For wages on weekends and non-working days for these workers, see Art. 153 TK.

§ 8. Employees who have entered into an employment contract for a period of up to two months may, within this period, be required, with their written consent, to work on weekends and non-working holidays with payment of at least double the amount (see Article 290 of the Labor Code).

§ 9. To ensure order and, if necessary, promptly resolve emerging issues on holidays and sometimes on weekends, the employer appoints responsible duty officers.
Such duty differs from work called duty, provided for by work schedules (shifts), as well as from duty (and essentially also work), for which workers are specially hired (doctors on duty, watchmen, mechanics on duty, etc.). In contrast to duty, here workers perform their main work under an employment contract with an appropriate work and rest schedule.
Duty is the presence of an employee in an organization by order of the employer before or after the end of the working day on weekends or holidays as a person responsible for order and for the prompt resolution of emerging urgent issues not related to production activities organizations.
A special Resolution of the All-Union Central Council of Trade Unions of April 2, 1954 was adopted on duty (Bulletin of the All-Union Central Council of Trade Unions. 1954. No. 8).
There is no regulatory legal act on duty; doesn't mention them and Labor Code. In this regard (and since) the rules on duty provided for by the said Resolution of the All-Union Central Council of Trade Unions do not contradict the Code, they should be guided in practice. Employees are allowed to go on duty no more than once a month.
For duty on weekends and holidays, all employees are given time off for the next 10 days of the same duration as the duty.
In the case of being called to duty before or after the end of the working day, attendance at work is shifted accordingly so that the duration of duty or work together with duty does not exceed the established duration of the working day. Hours of duty in excess of the time of daily work according to the schedule (schedule) must be compensated by time off in the same way as compensation of duty time on weekends and holidays.
According to established practice, employees who cannot be involved in overtime work are not assigned to duty.

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JSC "RUSSIAN RAILROADS"

ON APPROVAL OF THE REGULATIONS ON THE PROCEDURE AND CONDITIONS FOR ORGANIZING DUTY AT HOME (IF THE POSSIBILITY OF CALLING TO WORK) OR WITH THE RIGHT TO REST IN A SPECIALLY EQUIPPED ROOM (PREMISE) FOR EMPLOYEES OF THE CENTRAL COMMUNICATION STATION

Approve and put into effect from January 1, 2011 the attached Regulations on the procedure and conditions for organizing duty at home (if it is possible to be called to work) or with the right to rest in a specially equipped room (premises) for workers Central Station communications.

President of JSC Russian Railways
V.I. Yakunin

APPROVED
by order of JSC Russian Railways
dated 10/18/2010 N 2155r

POSITION
ABOUT THE PROCEDURE AND CONDITIONS FOR ORGANIZING DUTY AT HOME (IF THE POSSIBILITY OF CALLING TO WORK) OR WITH THE RIGHT TO REST IN A SPECIALLY EQUIPPED ROOM (PREMISE) FOR EMPLOYEES OF THE CENTRAL COMMUNICATION STATION

1. These Regulations, developed in accordance with paragraph 8 of the Regulations on the peculiarities of working time and rest time, working conditions of certain categories of railway transport workers directly related to the movement of trains, approved by order of the Ministry of Railways of the Russian Federation dated March 5, 2004 N 7 , applies to electromechanics (if it is not possible to attract an electromechanic to duty - to a senior electromechanic) of service areas for linear communication devices, radio communications and other structural units of the Central Communications Station (hereinafter referred to as objects), the performance of labor duties of which does not require a 24-hour presence at the workplace in accordance with with the technology for organizing their work (hereinafter referred to as on-duty workers).
2. Duty at home (if it is possible to be called to work) or with the right to rest in a specially equipped room (premises) of workers on duty is introduced by order of the head of the communications directorate, taking into account the opinion of the representative body of workers, with the written consent of the worker on duty and is formalized by an additional agreement to the employment contract.
3. The list of objects at which duty can be established at home (if it is possible to be called to work) or with the right to rest in a specially equipped room (premises), is approved by the head of the communications directorate in agreement with general director Central communication station.
4. Duty workers at home (if it is possible to be called to work) are allowed provided that the duty worker’s living quarters are equipped with wired or mobile communication with the duty officer of the production site for monitoring and diagnosing the communication network of the regional communication center (hereinafter referred to as the duty center) and the possibility of the duty worker arriving with place of residence on workplace in no more than 20 minutes.
5. When on duty at home (if it is possible to be called to work), the employee on duty must:
a) check the availability of communication with the duty control center;
b) take over duty from the on-duty employee handing over the shift, and at the end of the shift, hand over duty to the on-duty employee taking over the shift using wired or mobile communications;
c) report to the duty control center about the acceptance (end) of duty.
6. Duty workers with the right to rest in a specially equipped room (premises) are allowed under the following conditions:
a) a room intended for rest while on duty at the site must be isolated and equipped with a direct telephone connection to the duty control center, as well as a calling alarm;
b) the room must be equipped with heating, a bed with a full set of bedding, and individual lockers for storing them, table lamp, kettle, microwave(it is allowed to use an electric stove with a closed spiral) for heating food, a refrigerator and meet the requirements of sanitary and hygienic standards and fire safety;
c) the employee on duty must be provided with drinking water, as well as water for washing hands (in the absence of running water, use a washstand).
7. When on duty with the right to rest in a specially equipped room (premises), the employee on duty must:
a) take over duty from the duty worker handing over the shift and, at the end of the shift, hand over duty to the duty worker taking over the shift directly at the workplace. Reception and delivery of duty are recorded in the reception/delivery of duty log and certified by the signatures of the handing over and receiving employees;
b) report to the duty control center about the acceptance (end) of duty.
8.

Home duty

The end of duty time is the time when the duty worker accepting the shift is handed over. The worker on duty must inform the duty control center, as well as the head of the production site, about failure to appear or not accept a shift, as well as about a sudden illness, and act according to their instructions.
9. Each hour an employee on duty performs the duties of an electrician (including a senior electrician) at the workplace while on duty is counted as 1 hour of working time.
Each hour of duty at home (if it is possible to call to work) of an employee on duty is counted as 0.25 hours of working time.
Each hour of duty with the right to rest in a specially equipped room (premises) is counted as 0.75 hours of working time.
10. For on-duty workers, a summarized (monthly, quarterly) recording of working time is introduced.
11. The procedure for introducing summarized recording of working time, start and end times and duration of duty are established by the internal labor regulations of the structural units of the Central Communications Station.
12. The shift schedule of on-duty workers on shift duty must include both duty and work to perform the duties of an electrician (including a senior electrician) within the normal working hours of the accounting period.
Shift schedules for on-duty workers are approved by the head of the facility, taking into account the opinion of the representative body of workers, and are brought to the attention of on-duty workers no later than one month before they come into effect. Working two shifts in a row is prohibited.
13. Shift schedules for on-duty workers must be drawn up taking into account compliance with the standard working hours for the accounting period and providing the number of days of weekly rest equal to the number of Sundays of a given calendar month, which are indicated in these schedules.
14. If an employee on duty performs the duties of an electrician (including a senior electrician) at the workplace, instead of being on duty at home as planned in the shift schedule (if it is possible to be called to work) or with the right to rest in a specially equipped room (premises), the shift schedule must be adjusted by providing rest time within the accounting period.

The possibility of home duty health workers was established in June 2013. The changes were initially caused by a shortage of health workers in rural areas. And if at first it was planned that health workers would be able to work at home after the end of the working day, then according to the adopted Law, an employee cannot work more than the standard hours established for him by law.

Home duty

Be that as it may, the employer must record the time spent on duty at home. And the Ministry of Health recently approved the Regulations on the specifics of the working time regime and recording of working time when medical workers of medical organizations carry out duty at home<1>(hereinafter referred to as the Regulations). Let's look at what home duty is and how to take it into account work time.
———————————
<2>Approved by Order of the Ministry of Health of Russia dated April 2, 2014 N 148n.

According to Part 4 of Art. 350 of the Labor Code of the Russian Federation, in order to implement the program of state guarantees of free provision of medical care to citizens in an emergency or urgent form, medical workers of medical organizations may be assigned to duty at home.
Home duty is the stay of a healthcare worker at home while waiting to be called to work (to provide emergency medical care). An employer can involve employees on duty at home only with their consent. This working time regime should first of all be enshrined in a local regulatory act, for example, in the internal labor regulations. In addition, for a specific employee it must be established by an employment contract upon hiring or an additional agreement if the employee is already working.
And part 6 of Art. 350 of the Labor Code of the Russian Federation, and the Regulations establish that when taking into account the time actually worked by a medical worker of a medical organization, the time spent on duty at home is taken into account in the amount of 1/2 hour of working time for each hour of duty at home. The total working time of such an employee, taking into account the time on duty at home, should not exceed the standard working time of a medical worker of a medical organization for the corresponding period.
According to the Regulations for health workers on duty at home, the internal labor regulations establish a summarized recording of working time. The start and end times of duty at home are determined by the work schedule approved by the employer, taking into account the opinion of the representative body of employees.

Note! According to Art. 103 of the Labor Code of the Russian Federation, shift schedules are brought to the attention of employees no later than one month before they come into effect.

In addition, if in Art. 350 of the Labor Code of the Russian Federation only talks about how time spent at home is taken into account. The Regulation determines the time spent by an employee on providing medical care, as well as the time it takes to travel from home to the place of work (place of emergency medical care) and back.

This time is taken into account in the amount of an hour of working time for each hour of medical care and travel of a medical worker from home to the place of work (place of emergency medical care) and back.
In this case, the time on duty at home in the accounting period is adjusted so that the total working time of this employee, taking into account the time on duty at home, does not exceed the standard working time of a medical worker of a medical organization for the corresponding period.

For your information. Previously, the draft Regulations provided: if the total length of time worked by a medical worker during the accounting period, including time on duty at home, as well as the time spent on providing medical care and the time a medical worker travels from home to work and back in the event of a call to work while on duty at home exceeds the standard working time established for the employee in accordance with the collective agreement, agreements, local regulations, employment contract, overtime is overtime work. But, as we see, the legislator did not provide for such a possibility in the Regulations.

The procedure for recording the travel time of a medical worker from home to the place of work (place of emergency medical care) and back is established by local regulations in agreement with the representative body of workers.
Based on the Regulations, the following conclusions can be drawn:
— the time of providing medical care and the time of travel to the place of care are counted as working time;
— time on duty at home is taken into account in the amount of 1/2 hour of working time;
— the start and end times of duty are determined by the work schedule, which must be agreed upon with the representative body of workers;
— for employees on duty at home, the internal labor regulations establish a summarized recording of working time;
- the total duration of time on duty at home, the time of providing medical care and the time of traveling from home to the place of work and back should not exceed the standard working time for the accounting period;
— the procedure for recording time is established by a local act in agreement with the representative body of workers.
The Regulations do not say anything about payment for working hours if duty at home falls on weekends or holidays or at night. We believe that in the absence of clarification, one should be guided by general provisions Labor Code. If the duty time at home falls at night, the rules of Art. 154 of the Labor Code of the Russian Federation, that is, such time is paid at an increased rate, but not less than 20% of the hourly tariff rate (salary (official salary) calculated per hour of work) for each hour of work at night<2>. In this case, of course, you need to take into account that every two hours of duty at home is counted as an hour of work at the workplace.
———————————
<2>Decree of the Government of the Russian Federation dated July 22, 2008 N 554 “On the minimum amount of increase in wages for work at night.”

If duty at home falls on a weekend or holiday, Art. 153 of the Labor Code of the Russian Federation, according to which such work is paid at least double the amount or the employee, at his request, is given an additional day of rest.

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According to current legislation, the duration norm working week is 40 hours, however, if necessary, employers can involve their employees, with their written consent, to work or be on duty on their days off. The exception is situations when employees can be called without written permission:

• In case of production necessity, if this threatens the productivity or economy of the enterprise;
• To prevent a disaster or accident;
• To eliminate the consequences emergency that arose in the organization.

Separately, it is worth considering hiring employees of the Ministry of Internal Affairs and the Ministry of Emergency Situations for duty on weekends. In this case, you should focus on special legislative acts operating within these structures, however, the general procedure for payment for processing will apply here. Most often, such employees are brought in for unscheduled duty either during emergencies or exercises, or to eliminate the consequences of emergencies and other natural disasters, and their consent to this is not required: this feature of their work regime is spelled out in their employment agreements or contracts.

Regardless of the field of activity, managers have two options for compensating overtime:

• Pay it with money;
• Provide the employee with time off equal to twice the amount of hours worked, with the date of rest chosen by the employee.

In the second case, a written application from the employee with a request to provide time off will be required, however, if, due to the specifics of the enterprise’s work, many work on an irregular schedule, time off can be given without a written request, if this is provided for by the local regulations of the organization.

The greatest difficulties in attracting employees to duty arise when the company has a shift work schedule. For example, under the “every three days” regime, the employer can attract employees no earlier than 24 hours after the end of their shifts, with the exception of emergency situations. Overtime is paid as follows: all hours in excess of the norm are taken into account (40 hours per week), then multiplied by average earnings in double size.

You can go another way: calculate the number of hours worked, multiply them by 2 and provide employees with time off.

If employees are systematically involved in weekend duty, an appropriate schedule must be drawn up in advance and given to them for signature. It is worth considering that the rules for performing job duties during duty may change and be regulated by other regulatory documents, and they must be agreed upon with the representative body. For example, the Trade Union.

Important! Even under conditions of emergency production necessity, there is a circle of people whom the employer cannot attract without their unilateral written consent:

• Disabled workers who are able to perform their work duties due to health reasons in accordance with a medical report;
• Women raising children under 3 years of age.

The above categories of employees may refuse to work or be on duty on weekends, regardless of the situation at the enterprise, and this will not be considered a violation of labor duties.

In order to attract workers to duty, the manager must draw up a corresponding order in advance indicating the following information:

• Order number and date;
• The essence: to involve in work on a day off (indicating the date, time of start and end of work, as well as the time of rest break). Positions and full names must also be indicated. each of the subordinates;
• Payment procedure: in accordance with Art. 153 of the Labor Code of the Russian Federation, compensation for work on weekends must be made in double amount;
• What document should the accounting department use when calculating wages: this order;
• Director's signature;
• Signatures of the involved employees confirming familiarization with the order.

Analysis of a typical duty situation on weekends and holidays: payment

When calculating compensation for work on a day off, difficulties usually arise regarding the calculation of compensation, but here it is enough to be guided by the provisions of Art. 153 Labor Code of the Russian Federation:

• Under the transaction, payment is made at least double the amount;
• If the employee receives a salary or tariff rate - at least one daily or hourly rate or tariff.

Let's look at the situation using a specific example:

Sazonova N.G. Works in an organization that has a five-day work schedule. According to the manager's order, she must be called on duty every Saturday from 09:00. 00 min. until 13 o'clock 00 min. According to the law, the standard working time is 40 hours a week, and she works it out on Friday. Her average earnings per hour are 200 rubles.

Thus, to calculate compensation you need to do the following:

4 hours of processing x 200 rub. = 800 rub. x 2 = 1600 rub. – the amount she needs to pay for working on duty on a day off.

You can go another way, if the employee agrees with this: provide him with 8 hours of time off on any day at his discretion.

Features of an employee being on duty on weekends and holidays without his personal presence

It also happens that managers assign duty on weekends, without requiring the personal presence of employees at their workplaces, but at the same time believing that such work should not be paid. This is considered a violation because... employees cannot fully take advantage of their day off, because they are forced to constantly be on the phone.

In such a situation, compensation for duty is calculated in general procedure, that is, as if the employee was at his workplace. This practice is most common in budgetary organizations, where responsible persons are appointed for each weekend according to a schedule, and all days of duty must be entered into a time sheet, which, at the end of the reporting period, is submitted to the accounting department for salary calculation.

Legal analysis of the situation

If the employer assigns duty without the need for personal presence at the workplace, but at the same time obliges him to be constantly “in touch” and, if a problem situation arises, to immediately arrive on the territory of the enterprise, the employee loses a full day off, because he cannot use it at his own discretion.

IN in this case even duty “at home” must be paid in accordance with the general procedure, because in the Labor Code there is no concept of “remote work” for employees who are not engaged in freelancing. If the manager refuses to pay for additional duty on weekends, employees can appeal with the following facts:

• Working on weekends is prohibited. The only exceptions are emergency situations: the need to prevent or eliminate emergency situations at an enterprise, to prevent damage to state or municipal property, etc. It is allowed to attract employees to work on such days only with their written consent (Article 113 of the Labor Code of the Russian Federation);
• Labor activities on weekends or holidays must be paid at least double (Article 153 of the Labor Code of the Russian Federation).

To achieve the additional payments required by law, sometimes a verbal appeal to the manager is sufficient. If it does not have the desired effect, the team can file a complaint and send it to the Trade Union or other representative body for consideration. After the inspection is completed, a decision will be made on the illegality of the employer’s actions, on the basis of which he will be obliged to compensate for unpaid funds for previously worked time and to prevent such violations in the future.

One should not confuse overtime work and involvement in work on weekends: the first case includes situations when employees remain to perform work duties after the end of the working day, and in the second case they begin them on Saturday or Sunday, i.e. on their official weekends.

When working overtime, the procedure for calculating payment changes slightly: the first 2 hours of overtime are compensated at one and a half times, and the subsequent ones at double the rate. When employed on weekends or holidays, the amount of compensation is at least double the average earnings for the time worked.

Memo

to the employer for paperwork and payment for work on weekends and holidays

If an institution or individual employees worked during the January holidays, then these days must be paid in accordance with labor legislation at an increased rate. Non-working holidays are listed in Art. 112 Labor Code of the Russian Federation.

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

Employees, with the exception of those who receive a salary, must be paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for such remuneration must be determined by a collective agreement, agreements, other local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, as well as an employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not grounds for reducing wages for salaried employees.

Documentation of work on weekends and holidays

By general rules Working on weekends and non-working holidays is prohibited.

If an organization (individual entrepreneur) decides to make a day off or a holiday a working day, if it is necessary to perform unforeseen work, on the urgent implementation of which the normal operation of the organization as a whole or its structural divisions depends in the future, then it should be Special attention pay attention to paperwork:

1. An order (instruction) of the employer is drawn up, in which it is necessary to indicate:

Dates of weekends or holidays when the organization’s employees will work;

The reason why the organization made the day off or holiday a working day;

List of employees who will go to work on these days;

Payment for work on weekends or holidays: if in an increased amount, then no less than double, or single, but with the provision of an additional day off, which the employee chooses at his own discretion.

Send a request to the elected body of the primary trade union organization to resolve the issue of taking into account its opinion and receive a corresponding protocol from it.

2. The order must be issued to the employee against signature.

At the same time, it is necessary to remember that the employee can go to work on the specified days only by at will (Article 113 of the Labor Code of the Russian Federation).

Employee consent is not required in the following exceptional cases:

Preventing a catastrophe, industrial accident or eliminating the consequences of a catastrophe, industrial accident or natural disaster;

Prevention of accidents, destruction or damage to the employer’s property, state or municipal property;

Carrying out work that is necessary due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that threaten the life or normal living conditions of the entire population or its parts.

The above cases of attracting an employee to work on the specified days do not require the participation of an elected representative body (trade union), because Elimination (prevention) of disasters, accidents, and natural disasters is primarily a civil responsibility, and not a change in the working hours and rest periods of the employee. Article 113 of the Labor Code of the Russian Federation also regulates the involvement of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance of works on weekends and holidays. professional athletes.

The procedure for attracting these categories of workers may be established by a collective agreement or other local regulatory act of the employer, an employment contract in accordance with the lists of works, professions and positions approved by the Government of the Russian Federation taking into account the RTK.

Disabled people and women with children under 3 years of age are allowed to work on weekends and non-working holidays only if they have an appropriate medical report indicating the absence of medical contraindications.

At the same time, the legislator establishes the obligation of the employer to inform these persons in writing, against signature, of the right to refuse to work on days off and non-working holidays.

Providing days off on other days

When the Government of the Russian Federation postpones days off, and this work schedule is not convenient for the organization, the employer sometimes asks employees to go to work on a holiday or day off and provide another day off. This practice is illegal and is not provided for by labor legislation.

Payment on weekends and holidays for employees with irregular working hours.

Some employers mistakenly believe that they have the right to require employees who have irregular working hours to go to work on weekends and holidays, since in accordance with Art. 119 such employees are entitled to additional leave of at least 3 days. Such employees may, by order of the employer, if necessary, only occasionally be involved in the performance of their duties. labor functions outside the working hours established for them (and not for the organization).

However, additional vacation does not compensate for working on weekends and holidays. According to Art. 111 of the Labor Code of the Russian Federation, all employees, including those who work with irregular working hours, are entitled to weekends and holidays, and there are no exceptions for them. Therefore, the employer, in cases established by law, can ask these employees to work on a weekend or holiday only with his consent, and such work must be paid in double or single amounts, but with the provision of an additional day off.

The issue of compensation for work on a weekend or holiday is agreed upon with the employee in advance and is indicated in the employer’s order.

Payment duty roster on weekends and holidays

The specifics of the activities of some organizations require duty on holidays and weekends (not to perform work functions). In this case, the organization’s employees take turns working on weekends and holidays. How to compensate for these days, the Labor Code does not answer this.

Therefore, on the basis of Art. 423 of the Labor Code of the Russian Federation, it is necessary to be guided by the Resolution of the Secretariat of the All-Union Central Council of Trade Unions dated 02.04. 1954 No. 233. It stipulates that such duty is not paid, but is compensated by providing time off in the next 10 days with the same duration as the duty. The employee independently chooses the day on which he wants to rest and the employer, when issuing an order for duty on weekends and holidays, must indicate the date when the employee will be given a day to rest. The employee must be familiar with the order against signature.

Payment for work on weekends and holidays for workers engaged in shift work

Employees whose work is shift work, weekends and holidays are paid as follows.

For work on Saturday and Sunday on schedule workers should receive normal wages, because according to Art. 111 of the Labor Code of the Russian Federation, with a shift schedule in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week alternately to each group of employees in accordance with the internal labor regulations of the organization. Therefore, if, according to the schedule, a shift falls on Saturday or Sunday, this day is considered a regular working day.

If the shift worker was asked to go to work on the day that is not indicated in his schedule as a working day (his day off), the employer is obliged to pay for this day at an increased rate in accordance with Art. 153 Labor Code of the Russian Federation. Scheduled work that falls on a holiday is paid double.

Overtime pay on weekends and holidays

In the case of summarized working time (Article 104 of the Labor Code of the Russian Federation), overtime work is hours worked in excess of the standard working time of the accounting period. Hours of overtime are calculated after the end of the accounting period. These hours are compensated for work on weekends and holidays according to the general standards established by labor legislation.

In this case, work in excess of the normal number of working hours during the accounting period is paid for the first two hours of work at least one and a half times the rate, and for subsequent hours at least double the rate.

For example, if the total overtime was 30 hours, 2 hours are paid at one and a half times the rate, and 28 hours at double the rate.

Moreover, in accordance with the explanation of the State Committee for Labor of the USSR No. 13 and the Presidium of the All-Union Central Council of Trade Unions No. P-21 dated 08.08. 1966, when calculating overtime hours, work on holidays performed in excess of normal working hours should not be taken into account, since it is already paid at double the rate. The validity of this norm is confirmed by the decision of the Supreme Court of the Russian Federation dated November 30, 2005 No. GKPI05-1341.

Rest time in lieu of increased pay, provided at the employee’s request, must be no less than the time worked overtime. When establishing a longer duration, one should proceed from the amount of increased pay for hours worked overtime.

If, for example, an employee worked 10 hours overtime in a month at time and a half pay, he may be given a rest period of 15 hours ((10 x 1.5).

Payment for night work on a holiday

If an employee had to work on a holiday night, then he is entitled to two additional payments: one for working on holidays in accordance with Art. 153 of the Labor Code of the Russian Federation, the second - for work at night (from 22.00 to 6.00) in accordance with Art. 149 of the Labor Code of the Russian Federation (salary salary (holidays) 40% of salary (night). The organization sets its size independently in labor and collective agreements. It should be remembered that the duration of the night shift is reduced by 1 hour.

Payment for weekends and holidays when the employee is on a business trip.

Workers on a business trip are subject to working hours and rest periods. those organizations to which they are sent.

If the employee worked during a business trip on weekends on its own initiative ( in the order, rest days are excluded from the business trip period), in this case, such work is not subject to payment, in addition, the employee is not provided with other days of rest in exchange for rest days, not used by the employee during a business trip.

However, if the employee specially sent to work on these days (by order, instruction of the employer, executed in writing), compensation for work on these days is made in accordance with Art. 153 Labor Code of the Russian Federation.

If, by order of the employer, the employee goes on a business trip on a day off, upon returning from it he is given another day of rest in accordance with the established procedure by paragraph 8 of Instruction No. 62 dated 04/07/1988 “On business trips within the USSR.”

The issue of reporting to work on the day of departure for a business trip and the day of arrival from it is decided by agreement with the employer.

Head of Information and Analytical

department of S. A. Shinyakov

When calculating salaries for January, it is important for accountants to remember New Year's holidays. If the institution worked during the January holidays, then these days must be paid in accordance with labor legislation at an increased rate. We will talk about the features of paying for weekends and holidays in this article.

Author: S. Valova /deputy editor-in-chief of the magazine “Institutions of Culture and Art”

According to Art. 112 Labor Code of the Russian Federation non-working holidays are:

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

Employees, with the exception of those who receive a salary, are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, as well as the employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays relate to labor costs in full ( Art. 112 Labor Code of the Russian Federation in the editorial office Law No. 90-FZ).

The presence of non-working holidays in a calendar month is not grounds for reducing wages for salaried employees ( Art. 112 Labor Code of the Russian Federation as amended by Law No. 90-FZ).

In order to rational use For employees on weekends and non-working holidays, the Government of the Russian Federation has the right to transfer days off to other days. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off in the next calendar year is subject to official publication no later than a month before the start of the corresponding year. The adoption of normative legal acts on the transfer of days off to other days is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off ( Art. 112 Labor Code of the Russian Federation as amended by Law No. 90-FZ).

In January 2007, employees working a five-day work week were given the opportunity to rest from December 30, 2006 to January 8, 2007 inclusive.

Documentation of work on weekends and holidays

If an institution decides to make a day off or a holiday a working day, then special attention should be paid to the preparation of primary documents.

What needs to be considered in this situation?

1. An order from the manager is drawn up, which should indicate:

– dates of weekends or holidays when the institution’s employees will work;

– the reason why the institution made the day off or holiday a working day;

– a list of employees who will go to work on these days;

– payment for work on weekends or holidays: if in an increased amount, then no less than double in accordance with labor legislation, or in a single amount, but with the provision of an additional day off, which the employee can choose at his own discretion.

2. The order is issued to the employee against signature.

note: an employee can go to work on a weekend or holiday only at his own request ( Art. 113 Labor Code of the Russian Federation). The employee's consent is not required in the following cases:

– preventing a catastrophe, industrial accident or eliminating the consequences of a catastrophe, industrial accident or natural disaster;

– prevention of accidents, destruction or damage to the employer’s property, state or municipal property;

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

Engaging creative workers from cinematography organizations, theater and concert organizations, circuses, media, and professional athletes in organizations financed from the budget to work on weekends and non-working holidays is permitted in the manner established by the Government of the Russian Federation.

Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is allowed only if such work is not prohibited to them by law. medical indications. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse to work on a weekend or holiday ( Art. 113 Labor Code of the Russian Federation).

3. The provisions of labor or collective agreements must provide for payment for work on weekends and holidays. It should be noted that Art.153 Labor Code of the Russian Federation establishes only the minimum amount of additional payment for work on a holiday or day off (but not less than double the amount). Consequently, the employer can pay for work on weekends and holidays and in a larger amount. Therefore, the amount of remuneration that is due for working on a weekend or holiday must be fixed in an employment or collective agreement.

Providing days off on other days

Sometimes management suggests that employees go to work on a holiday or day off and rest on another day. This situation arises when the Government of the Russian Federation postpones weekends and this schedule is not convenient for the institution.

Can an institution independently reschedule a day off to another day? The labor legislation of the Russian Federation does not provide for this case for institutions. However, the head of the institution must know that in this case the written consent of the workforce is required and payment to employees for work on weekends and holidays is made in accordance with the legislation of the Russian Federation, and the provision of days off on other days does not exempt the institution from payment of labor.

Payment on weekends and holidays to employeeswith irregular working hours

According to Art. 101 Labor Code of the Russian Federation the employer may establish irregular working hours for individual employees.

Some heads of institutions mistakenly believe that they have the right to require employees who have an irregular work schedule to go to work on weekends and holidays, since, in accordance with Art. 119 Labor Code of the Russian Federation such employees are entitled to additional annual leave of three calendar days.

However, it is not. Additional leave does not compensate for work on weekends and holidays. According to Art. 111 Labor Code of the Russian Federation All employees who work irregular hours are entitled to days off and holidays, and there are no exceptions for them. Therefore, a manager can ask an employee to work on a day off or a holiday only with his consent. And such work should be paid double or single, but with an additional day off.

Example 1.

The library's chief accountant S.V. Ivanov went to work on December 30 and 31, 2006 to prepare annual reports. Work on holidays was formalized by order of the manager, consent to be hired to work on a holiday was received from the chief accountant.

His monthly salary according to the staffing table is 10,000 rubles. He works on a five-day work week (40 hours long) with two days off - Saturday and Sunday.

In December – 21 working days. In this case, the standard working time is 168 hours. Ivanov S.V. worked 168 hours this month (of which 7 hours each on Saturday, 12/30/06, and Sunday, 12/31/06).

Since the work was carried out within the monthly working time standard, the amount of additional payment in this case will be 833.33 rubles. (RUB 10,000 / 168 hours x 14 hours. ). The amount of the surcharge can be doubled if the employee refuses to rest on the day off given to him by the employer. The issue of compensation for work on weekends and holidays is agreed upon with the employee in advance and is indicated in the manager’s order.

Payment for duty on a weekend or holiday

The specific nature of the activities of some institutions requires duty on holidays and weekends. In this case, employees of the institution take turns working on weekends and holidays. How to pay for days on duty is not specified in the Labor Code of the Russian Federation. Therefore you should contact Resolution of the Secretariat of the All-Union Central Council of Trade Unions dated 02.04.54 No. 233. This document is still valid and can be used as a guide.

It states, in particular, that duty is not paid - it is compensated by providing time off over the next 10 days with the same duration as the duty. In this case, the employee independently chooses the day on which he wants to rest. The manager, when issuing an order for duty on weekends and holidays, must indicate the date when the employee will be given a day to rest. The employee must be familiar with the order against signature.

Pay on weekends and holidaysworkers engaged in shift work

Employees whose work is shift work, weekends and holidays are paid as follows.

For scheduled work on Saturday and Sunday, employees must receive their regular salary. According to Art. 111 Labor Code of the Russian Federation with a shift schedule, days off can be provided not only on Saturday and Sunday, but also on other days of the week. In this case, it should be taken into account that during the accounting period a person should work no more than the established standard working time - for example, 40 hours a week ( Art. 104 Labor Code of the Russian Federation). Therefore, if, according to the schedule, a shift falls on Saturday or Sunday, this day is considered a regular working day. Therefore, it is necessary to accrue wages for it in a single amount.

If a shift worker is asked to go to work on a day that is not indicated in his schedule as a working day, the institution is obliged to pay wages at an increased rate - twice as much as usual.

Scheduled work that falls on a holiday is always paid double ( Art. 153 TKRF).

Overtime pay on weekends and holidays

In the case of summarized recording of working time, overtime work is hours worked in excess of the standard working time of the accounting period, which are compensated for work on weekends and holidays according to the general norms established by law. In this case, the amount of overtime is paid at one and a half times, which does not exceed on average 2 hours for each working day in the accounting period according to the calendar of the length of the working week that is established at the enterprise. Other hours of overtime work are paid at double rate.

Example 2.

On a holiday, an industrial accident occurred at the institution. To eliminate its consequences, mechanic A.S. Smirnov was brought in, and according to the staffing schedule, the hourly tariff rate was set at 40 rubles. On a holiday he worked 4 hours.

The additional payment for work on a holiday will be 320 rubles. (40 RUR x 4 hours x 2).

When accounting for working time in total, work on holidays is included in the monthly standard working time ( Explanation of the State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.66 No. 13/P-21, hereinafter – Explanation No. 13/P-21). Thus, a feature of the summarized recording of working time is the performance of certain functions in accordance with the objectives of the institution and on holidays. Moreover, if working hours coincide with a non-working holiday, payment for work on this day is made in the amount of a single hourly or daily rate in addition to the salary (if work on a holiday was carried out within the normal working hours) and in the amount of a double hourly or daily rate in excess salary if the work was performed above the norm. In the latter case, in accordance with Explanation No. 13/P-21, the time worked will not be considered overtime, since it has already been paid double.

Payment for work on a holiday night

It should be noted that if an employee had to work on a holiday night, then he is entitled to two additional payments: one for working on holidays according to Art. 153 Labor Code of the Russian Federation, the second - for work at night (from 22.00 to 6.00) according to Art. 149 Labor Code of the Russian Federation. The size of the organization is determined independently in labor or collective agreements. It should be remembered that the duration of the night shift is reduced by 1 hour.

Payment for weekends and holidays when the employee is on a business trip

Workers on a business trip are subject to the working and rest time regime of those associations, enterprises, institutions, organizations to which they are sent. Instead of rest days not used during a business trip, other days of rest upon return from a business trip are not provided.

If an employee is specially sent to work on weekends or holidays, then compensation for work on these days is made in accordance with current legislation.

If, by order of the administration, an employee goes on a business trip on a day off, upon returning from the business trip he is given another day of rest in accordance with the established procedure ( Clause 8 of Instruction No. 62 dated 04/07/88 “On official business trips within the USSR”).

The issue of reporting to work on the day of departure for a business trip and the day of arrival from a business trip is decided by agreement with the administration of the institution.

Federal Law of June 30, 2006 No. 90-FZ “On amendments to the Labor Code of the Russian Federation, recognition of some legislative acts (provisions of legislative acts) of the Russian Federation as invalid on the territory of the USSR and as invalid.”

In accordance with the Regulations on the remuneration of power plants, duty at home is an employee staying at home while waiting for a call to work (to ensure the safety of energy facilities, prevent emergencies or other emergency situations during long holidays and weekends). Home duty is carried out on employees' days off with their written consent. Payment for time on duty at home is made as working time at the rate of 1/4 of the hourly tariff rate (part of the official salary per hour of work) for each hour of duty at home. Is this legal?

Having considered the issue, we came to the following conclusion:
In our opinion, payment for duty at home in this case at the rate of 1/4 of the hourly tariff rate (part of the official salary per hour of work) for each hour of duty does not comply with the law. All actual hours of duty at home must be taken into account and paid as working hours according to the rules of the Labor Code of the Russian Federation.

Rationale for the conclusion:
First of all, we note that labor legislation does not provide for such a form of labor organization as duty at home. Duties at home are established, for example, for rescuers (clause 3 of the Regulations on recording the working time of citizens accepted into professional emergency rescue services, professional emergency rescue units for the positions of rescuers, approved by Resolution of the Ministry of Labor of Russia dated 06/08/1998 N 23), for medical workers (part six of the Labor Code of the Russian Federation, clause 3 of the Regulations on the peculiarities of the working time regime and recording of working time when medical workers of medical organizations perform duty at home, approved by order of the Ministry of Health of the Russian Federation dated April 2, 2014 N 148n).
As we understand from the question, these documents do not apply to your employees. There are no other regulatory legal acts that would establish duty at home for the categories of workers referred to in the question.
At the same time, as noted in the explanations of Rostrud, duty at home cannot be assigned to employees for whom the possibility of such duty is not provided for by regulatory legal acts. If duty at home is nevertheless introduced by the employer, then as working time they should be taken into account and paid in the usual manner (see question-answer 1 and question-answer 2 from the Rostrud information portal "Online Inspection. RF").
Thus, when deciding on payment for time on duty at home, the employer, in the absence of special rules for the situation in question, must take into account the general rules of labor legislation.
Note that a day off (weekly continuous rest) and non-working holidays refer to the employee’s rest time, during which the employee is free from performing work duties and which he can use at his own discretion (, Labor Code of the Russian Federation). Work on weekends and non-working holidays is prohibited, except in cases provided for by the Russian Federation (part one of the Labor Code of the Russian Federation). In some cases, it is allowed to be hired to work on a weekend or a non-working holiday, but this is possible either with the written consent of the employee, or in the event of emergency circumstances specified in part three of the Labor Code of the Russian Federation.
In the situation under consideration, an employee being on duty on a weekend or non-working holiday reduces the employee’s actual rest time, limits the employee’s right to dispose of this rest time at his own discretion and, as a result, indicates that the said employee is involved in work on a weekend or non-working holiday, despite the actual doing work at home. Accordingly, despite the employee being at home, the specified time on duty at home is counted as worked.
Thus, since the duty duties you indicated are not established by regulatory legal acts, but are provided only by the internal acts of the organization, we believe that payment for such duty at the rate of 1/4 of the hourly tariff rate (part of the official salary per hour of work) for each hour of duty does not comply with the law . All actual hours of duty at home must be taken into account and paid as working hours according to the rules of the Labor Code of the Russian Federation (see also question-answer 3 and question-answer 4 from the Rostrud information portal "Online Inspection. RF").

Prepared answer:
Expert of the Legal Consulting Service GARANT
Naumchik Ivan

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Kudryashov Maxim

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.