Non-working public holidays V Russian Federation are:

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees other than salaried employees ( official salary), for non-working holidays, on which they were not involved in work, additional remuneration is paid. The amount and procedure for paying 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, employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

Availability in calendar month non-working holidays are not grounds for reducing wages employees who receive a salary (official salary).

In order to rational use employees of weekends and non-working holidays days off can be transferred to other days federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the normative legal act The Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

Commentary on Art. 112 Labor Code of the Russian Federation

Judicial practice under article 112 of the Labor Code of the Russian Federation

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 15, 2009 N 6676/09 in case N A32-911 / 2008-16 / 6

An article of the Labor Code of the Russian Federation establishes that January 1, 2, 3, 4, 5, 7 are public holidays.

Since 01/01/2008, the last day for filing a claim, is a holiday non-working day, and 01/05/2008 is a holiday and fell on a Saturday (day off), in accordance with the explanation of the Ministry of Labor of the Russian Federation dated 12/29/1992 N 5 that that if a day off and a holiday coincide, the day off is transferred to the next working day after the holiday, 01/05/2008 was postponed to 01/08/2008. Therefore, the first working day was 09.01.2008.

Dulov S.K. applied to the Supreme Court of the Republic of Bashkortostan with an application to invalidate paragraphs 3 and 4 of clause 1 of this article, referring to the contradiction of the Constitution of the Russian Federation, the Constitution of the Republic of Bashkortostan, articles , , , of the Labor Code of the Russian Federation, article 3 of the Federal Law of September 26, 1997 125-FZ "On Freedom of Conscience and Religious Associations".

In the supervisory appeal, the State Assembly - Kurultai of the Republic of Bashkortostan asks to cancel the decision of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation of August 31, 2011 and to leave in force the decision of the Supreme Court of the Republic of Bashkortostan of June 27, 2011, since the Judicial Collegium for Administrative Cases of the Supreme Court The Russian Federation made an unreasonable conclusion that the legislator of the Republic of Bashkortostan exceeded the norm-setting competence. The Judicial Collegium misinterpreted the provisions of paragraph 7 of Article 4 of the Federal Law "On Freedom of Conscience and Religious Associations", which provide for the right of the relevant authorities state power in the Russian Federation in the respective territories, at the request of religious organizations, to declare religious holidays as non-working (holiday) days. The Board's conclusion that this norm does not testify to the rule-making competence of the constituent entities of the Russian Federation on this issue was made without taking into account the requirements of Part 3 of Article 5, Articles 11, 72, 76, 77 of the Constitution of the Russian Federation, Article 1 of the Federal Law "On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation". labor law, in particular articles , the Labor Code of the Russian Federation, and also that there is uncertainty in understanding the provisions of paragraph 7 of Article 4 of the Federal Law "On Freedom of Conscience and Religious Associations".

Orlova Yu.V. applied to the Supreme Court of the Russian Federation with an application in which she asks to recognize the disputed normative legal act as invalid, as adopted in violation of the publication period established by part five and violating her right to rest.

ARTICLES OF THE LABOR CODE OF THE RUSSIAN FEDERATION

AND POINT 7 OF ARTICLE 4 OF THE FEDERAL LAW

"ABOUT FREEDOM OF CONSCIENCE AND RELIGIOUS ASSOCIATIONS"

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleanrova, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, N.V. Melnikova, Yu.D. Rudkina, V.G. Yaroslavtsev,

On February 11, 2011, the state labor inspector Melkonyan A.Yu. audit of compliance with labor legislation was carried out by the Open joint stock company"Nevinnomyssky Azot", as a result of which an order was issued obliging, in accordance with Part 3 of Article of the Labor Code of the Russian Federation, to pay Tatsiya I.A. additional remuneration for non-working holidays falling on the vacation period: June 12, 2007, February 23, 2008, March 8, 2008, November 4, 2009, May 1, 2010 and May 9, 2010.

ARTICLES OF THE LABOR CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Kleandrov, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, O.S. Khokhryakova, V.G. Yaroslavtsev,

According to the article of the Labor Code of the Russian Federation, November 4 is the Day national unity is a non-working holiday in the Russian Federation.

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

As for challenging A.A. Dedyan of the constitutionality of the Decree of the Government of the Russian Federation "On the transfer of days off in 2014", it was adopted by the Government of the Russian Federation in pursuance of the provision of part five of Article of the Labor Code of the Russian Federation, which granted the Government of the Russian Federation the authority to transfer days off to other days. Such legal regulation fixed for the rational use of weekends and non-working holidays by employees, does not imply increased wages for a day that, in accordance with a regulatory legal act of the Government of the Russian Federation, becomes a working day, and cannot be regarded as violating the rights of an applicant who received a monetary allowance for a working day 24 February 2014.

Since 01/01/2008, the last day of filing a claim, is a public holiday, and also, given that 01/05/2008 is a holiday and fell on a Saturday (day off), and in accordance with the explanation of the Ministry of Labor of the Russian Federation dated 12/29/1992 N 5 if a day off and a holiday coincide, the day off is transferred to the next working day after the holiday, that is, 01/05/2008 is transferred to 01/08/2008. Therefore, the first working day is 01/09/2008.

1. Is it legal to hire employees to work on weekends and non-working holidays.

2. What documents are used to document work on weekends and holidays.

3. What compensation is due to employees for working on weekends and holidays.

In accordance with the Labor Code of the Russian Federation, all employees have the right to rest on weekends and non-working holidays. Moreover, the legislation establishes a direct ban on working on such days. And only in exceptional cases, the employer can involve employees to work on weekends and holidays. At the same time, in order to prevent violations of labor laws, involvement in work on holidays and weekends must be properly executed and paid at an increased rate. How to do it right - read the article.

What days are weekends and non-working holidays

Weekend, that is, days of uninterrupted weekly rest, are established by the rules of the internal work schedule(Article 111 of the Labor Code of the Russian Federation). That is, it is not at all necessary that the generally accepted days off Saturday and Sunday will be days off for a particular employee of a particular organization. For example, if an employee has shift work work and his work shifts fall on Saturday and Sunday, then these days are working days for him, and no special registration of work on these days is required. Or, if an employee has a six-day work week with one day off Sunday, then Saturday will be a normal working day for him, and the employer does not need to arrange and pay for work on such a day in a special way. That is a special procedure for engaging in work and payment will be valid only if the employee goes to work on his day off, established by the internal labor regulations.

WITH public holidays the situation is different: they are the same for all employees, regardless of the work schedule. Respectively, work on such days in any case provides for increased pay and compliance with the procedure for attracting to work.

The list of non-working holidays is established by Art. 112 of the Labor Code of the Russian Federation and it is closed:

• January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
• January 7 - Christmas;
• 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 - Day of Russia;
• November 4 is National Unity Day.

In some cases, additional non-working holidays may be established at the level of a constituent entity of the Russian Federation in connection with a religious holiday.

! Note: If a non-working holiday coincides with a day off, then the day off is transferred to the next working day after the holiday (part 2 of article 112 of the Labor Code of the Russian Federation). The key point here is that it is transferred exactly day off day, and the holiday is tied to a specific date. For example, in 2015, a non-working holiday on May 9 fell on Saturday, so the day off was moved to May 11. Thus, if, according to the shift schedule, the employee had to work on May 11, work on such a day is processed and paid in the usual manner, as well as on other working days. If the work shift fell on May 9, that is, on a non-working holiday, then the employer will have to comply with the conditions for attracting an employee to work on such a day and pay an increased amount for work.

Conditions for employment on weekends and holidays

In most cases, in order to attract an employee to work on a weekend or non-working holiday, the employer must obtain consent from him, and in writing. And only in exceptional cases such consent is not required.

The written consent of the employee is not required.

1. If an employee is called to work on a weekend or non-working holiday in case of emergency(part 3 of article 113 of the Labor Code of the Russian Federation):

• to prevent a catastrophe, industrial accident or eliminate their consequences;
• to prevent accidents, destruction or damage to the property of the employer, state or municipal property;
• to perform work caused by emergency (fires, floods, earthquakes, etc.).

1. If an employee is involved on a non-working holiday in accordance with scheduled shifts(on their own shift) for the performance of work (Article 103 of the Labor Code of the Russian Federation, part 6 of Article 113 of the Labor Code of the Russian Federation):

• in continuously operating organizations;
• related to public services;
• urgent repair and loading and unloading operations.

The written consent of the employee is required

1. In addition to the above cases, the employer has the right to involve employees to work on weekends or non-working holidays to perform urgent, unforeseen work, on the implementation of which the normal functioning of the organization (IP) depends. In this case, the consent of the employee, drawn up in writing (part 2 of article 113 of the Labor Code of the Russian Federation), is necessary.

The closest example to us: going to work for an accountant on the January holidays to compile annual reports, payroll, contributions, etc. And although in most cases accountants, as people with a high degree of responsibility, are themselves the initiators of such "holiday" work, it is still necessary to issue a written consent. Otherwise, the employer faces liability for violation of labor laws.

1. Regardless of the reason for which the employer attracts employees to work on a weekend or non-working holiday, for certain categories of employees written consent is mandatory in any case. These categories include (part 7 of article 113, part 2, 3 of article 259, article 264 of the Labor Code of the Russian Federation):

• disabled people;
• women with children under the age of three;
• mothers and fathers raising children under the age of five without a spouse;
• guardians of children under the age of five;
• other persons raising children under the age of five without a mother;
• workers with disabled children;
• employees caring for sick members of their families in accordance with a medical report.

In addition to written consent, for the legal involvement of employees from the categories listed above, it is required (part 7 of article 113 of the Labor Code of the Russian Federation):

• notification of the right to refuse such work, with which the employee must be familiarized against signature;
• confirmation that the employee is not prohibited from working on such days for health reasons in accordance with the medical report.

! Note: Absence from work on a weekend or non-working holiday in the absence of the written consent of the employee (in cases where its presence is mandatory) is not disciplinary offense and does not entail any consequences for the employee.

Work ban on weekends and holidays

The Labor Code of the Russian Federation contains a direct ban on employing the following categories of workers on weekends or non-working holidays (even with their consent):

• pregnant women (part 1 of article 259 of the Labor Code of the Russian Federation);
• workers under the age of 18 (Article 268 of the Labor Code of the Russian Federation), with the exception of athletes and creative workers.

Written consent of the employee

The written consent of the employee can be issued as a separate document or contained in a notice of engagement to work on a weekend or holiday. There are no unified forms of such notification and written consent, so the employer has the right to develop and apply their own.

A notice of engagement to work on a weekend or non-working holiday may be addressed to each employee individually or to a group of employees, indicating their full names and positions. The second option - notification to a group of employees - is convenient when it is planned to involve several employees at once in order to "remember" to obtain the consent of each of them. The notice should include:

• the date of the planned employment;
• the reason for the need for such involvement;
• the fact of acquaintance of the employee with the notice;
• the fact of consent (or refusal) of the employee to work on a weekend or non-working holiday;
• the fact that the employee is familiarized with the right to refuse to work on a weekend or non-working holiday (mandatory for certain categories of employees);
• the form of compensation chosen by the employee: payment in an increased amount or an additional day of rest (indicating the date).

Issuing an executive order

Engaging employees to work on weekends and non-working holidays must be formalized in writing by the employer (part 8 of article 113 of the Labor Code of the Russian Federation). The mandatory form of such an order (order) is not provided, therefore, each employer develops it independently.

The order is drawn up on the basis of a document in which the employee's consent is expressed to work on a weekend or non-working holiday (a written consent or a notification containing such consent). The order states:

• Full name and position of the employee (employees) involved in work on a weekend or non-working holiday;
• date of recruitment;
• the reason for the need for such involvement;
• the form of compensation chosen by the employee: payment in an increased amount or an additional day of rest (with an indication of the date). If the form of compensation is not predetermined, then it can be issued by a separate order after completion of work.

Payment procedure for work on weekends and non-working holidays

For work on a weekend or non-working holiday, employees are entitled (Article 153 of the Labor Code of the Russian Federation):

• payment of at least double the amount;

• payment in a single amount with the provision of another day of rest.

Thus, the Code establishes only minimum payment amounts Therefore, the employer has the right to provide for increased wages. For example, instead of double pay, the employer may charge triple pay, and so on. Specific amounts of payment for work on weekends and holidays are fixed in a collective agreement, a local regulatory act (for example, the Regulations on wages) or in an employment contract.

! Note: The employee has the right, at his own discretion, to choose the form of compensation for working on a weekend or holiday: increased pay or pay in a single amount with the provision of another day of rest. An employer cannot "impose" a form of compensation. However, there is an exception to this rule: if the employee works on fixed-term employment contract concluded for a period of up to two months. In this case, for work on a weekend or holiday, the only type of compensation is provided for him - payment of at least double the amount (part 2 of article 290 of the Labor Code of the Russian Federation).

So, we found out that work on a weekend or holiday is paid to the employee at least twice the amount or in a single amount with the provision of another day of rest, which is not paid separately. At first glance, everything is quite simple, but in practice some difficulties may arise, since the specific procedure for calculating the “increased” payment depends on the wage system used.

For clarity, the features of calculating payment for work on a weekend or non-working holiday are reflected in the table.

! Note: If part of the working day (shift) falls on a weekend or non-working holiday, then the hours actually worked on that day are paid double. But if the employee chose another day of rest as compensation, then he is given whole day of rest regardless of the number of hours worked on a weekend or holiday (Rostrud letters dated 17.03.2010 No. 731-6-1, dated 03.07.2009 No. 1936-6-1, dated 10.31.2008 No. 5917-TZ).

As a rule, the main difficulties are caused by the calculation of payment for work on a weekend or non-working holiday, if the employee has a salary. In this case, as can be seen from the plate, it is necessary to take into account the monthly norm of working time. Monthly working hours calculated on a five-day schedule working week with two days off on Saturday and Sunday based on duration daily work(shifts) (Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n). For example, if a worker has a 40-hour working week, then the monthly norm of working time in August 2015 is 168 hours (40 / 5 x 21).

In more detail, we will consider the procedure for calculating the payment for work on a weekend or holiday using examples.

Example 1. Work on a weekend or non-working holiday is carried out within monthly working hours.

Yu.A. Mikhailov, the operator of Pribor LLC, who works in shifts, has a 40-hour working week and a salary of 41,750 rubles. per month. In June 2015, in accordance with the schedule, Mikhailov Yu.A. worked 20 shifts (8 hours each), while one of them fell on a non-working holiday on June 12. Let's calculate the employee's salary for June 2015:

• The hourly rate in June is: 250 rubles. (41,750 rubles / 167 hours)
• Number of hours worked in June: 160 hours (8 hours x 20 shifts)
• June salary: 40,000 rubles. (250 days x 160 hours)
• Payment for a non-working holiday in excess of salary: 2,000 rubles. (250 rubles x 8 hours)
• Total salary for June: 42,000 rubles. (2,000 rubles + 40,000 rubles)

In this case, work on a non-working holiday is not additionally paid, that is, the salary for June will be equal to the salary and will amount to 40,000 rubles.

Example 2. Work on a weekend or non-working holiday is carried out over monthly working hours.

To the accountant of OOO "Balance" Voronina E.V. a 40-hour working week was established and a salary of 25,050 rubles. per month. In June 2015, all working days were fully worked out, in addition, Voronina E.V. was involved in work on a non-working holiday on June 12 (8 hours). Let's calculate the employee's salary for June 2015:

1. The employee chose an increased pay for work on a non-working holiday without providing another day of rest.

• Monthly norm of working time in June: 167 hours (40 hours / 5 days x 21 days - 1 day (pre-holiday))
• The hourly rate in June is: 150 rubles. (25,050 rubles / 167 hours)
• Number of hours actually worked in June: 175 hours (167 hours + 8 hours)
• Salary for June: 25,050 rubles. (150 rubles x 167 hours)
• Payment for a non-working holiday in excess of salary: 2,400 rubles. (150 rubles x 8 hours x 2)
• Total salary for June: 27,450 rubles. (2,400 rubles + 25,050 rubles)

1. The employee chose to provide another day of rest for work on a non-working holiday.

• Payment for a non-working holiday in excess of salary: 1,200 rubles. (150 rubles x 8 hours)
• Total salary for June: 26,250 rubles. (1,200 rubles + 25,050 rubles)

! Note: If an employee worked overtime on a non-working holiday (for example, instead of 8 hours he worked 9 hours), then all overtime hours are also considered holiday work. At the same time, for the entire time of work on a holiday, only one type of surcharge is charged - for work on a non-working holiday. Simultaneously charge and additional payment for work on a holiday, and for overtime work it is forbidden.

Income tax, personal income tax, contributions from pay for work on weekends and holidays

Accruals to employees for work on weekends and non-working holidays are part of the salary, therefore, the following amounts:

• are included in the employee's income and are subject to personal income tax in the general manner (clause 6 clause 1 article 208, clause 1 article 210 of the Tax Code of the Russian Federation);
• are subject to insurance premiums to the PFR, FFOMS, FSS in full (part 1 of article 7 of Federal Law No. 212-FZ, clause 1 of article 20.1 of Federal Law No. 125-FZ);
• are taken into account in income tax expenses and under the simplified tax system as part of labor costs (clause 3 of article 255, clause 6 of clause 1 of article 346.15 of the Tax Code of the Russian Federation).

At the same time, it is clearly included in expenses for tax purposes. minimum amount payment for work on a day off or non-working holiday, accrued in the amounts established by the Labor Code of the Russian Federation: in double the amount if another day off was not provided, and in a single amount if another day off was provided.

As for the inclusion of increased payment in expenses, in the part exceeding the minimum established by the Labor Code of the Russian Federation, there is no unambiguous position of the regulatory authorities on this matter. Thus, the Ministry of Finance spoke out against including in expenses the amounts of payment for work on weekends and holidays in excess of those established by the Labor Code of the Russian Federation (Letter of the Ministry of Finance of Russia dated 04.03.2005 No. 03-03-01-04 / 1/88). However, the Federal Tax Service considers it possible to include in tax expenses the full amount accrued for work on weekends and holidays (Letter of the Federal Tax Service of Russia dated April 28, 2005 No. 02-3-08 / 93). Thus, the taxpayer has the opportunity to defend the legitimacy of including in the expenses the entire amount accrued for work on a weekend or holiday. At the same time, do not forget that the costs must be justified and documented. That is the increased payment must be secured in the internal administrative documents , and the need to involve reflected in the relevant order.

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Normative base

1. Labor Code of the Russian Federation
2. Tax Code of the Russian Federation
3. Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund
4. Federal Law No. 125-FZ of July 24, 1998 “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
5. Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n “On approval of the procedure for calculating the norm of working hours for certain calendar periods of time (month, quarter, year) depending on the established working hours per week”
6. Letter of the Ministry of Finance of Russia dated 04.03.2005 No. 03-03-01-04/1/88
7. Letter of the Federal Tax Service of Russia dated April 28, 2005 No. 02-3-08/93
8. Letters from Rostrud

• dated 17.03.2010 No. 731-6-1,
• dated 03.07.2009 No. 1936-6-1,
• dated October 31, 2008 No. 5917-ТЗ

How to get acquainted with the official texts of these documents, find out in the section

ST 112 of the Labor Code of the Russian Federation.

Non-working holidays in the Russian Federation are:

• 1, 2, 3, 4, 5, 6 And January 8- New Year holidays;
• Jan. 7- Nativity;
• February 23- Defender of the Fatherland Day;
• March 8- International Women's Day;
• 1st of May- Labour Day;
• 9th May- Victory Day;
• 12 June- Russia Day;
• November 4- National Unity Day.

If a weekend and a non-working holiday coincide, the day off is transferred to
the next working day after a public holiday, except for weekends coinciding with
non-working holidays specified in paragraphs two and three of part one of this
articles. The Government of the Russian Federation transfers two days off from the number of days off,
coinciding with the non-working holidays specified in the second and third paragraphs of the part
the first of this article, on other days in the next calendar year in the manner prescribed
part five of this article.

Employees, with the exception of employees receiving a salary (official salary),
for non-working holidays on which they were not involved in work, paid
additional reward. Amount and procedure for payment of said remuneration
determined by the collective agreement, agreements, local regulations,
adopted taking into account the opinion of the elected body of the primary trade union organization,
labor contract. The amount of expenses for the payment of additional remuneration for non-working
Holidays are included in labor costs in full.

The presence of non-working holidays in a calendar month is not a basis for
reduction of wages for employees receiving a salary (official salary).

For the purpose of rational use by employees of weekends and non-working holidays
days weekends may be transferred to other days by federal law or regulatory
legal act of the Government of the Russian Federation. At the same time, the legal act
of the Government of the Russian Federation on the transfer of days off to other days in the next
calendar year is subject to official publication no later than one month before the onset of
the corresponding calendar year. Adoption of normative legal acts of the Government
of the Russian Federation on the transfer of days off to other days during the calendar year
is allowed subject to the official publication of these acts no later than two
months before the calendar date of the holiday being set.

Commentary on Art. 112 of the Labor Code of the Russian Federation

1. Part 1 of the commented article establishes all-Russian non-working holidays. Taking into account the delimitation of powers between the federal state authorities and the state authorities of the constituent entities of the Russian Federation in the field of labor relations and other relations directly related to them, the subjects of the Russian Federation have the right to establish additional non-working holidays, in addition to those established by part 1 of the commented article 112 of the Labor Code of the Russian Federation. This is of particular importance in a multinational and multi-confessional state, which is the Russian Federation. Replacing individual non-working holidays provided for by federal law with other days would be contrary to the Labor Code of the Russian Federation (see also the commentary to it).

2. In accordance with parts 3 and 4 of the commented article, non-working holidays are payable. Employees whose remuneration system provides for the monthly payment of a salary (official salary), if there are non-working holidays in a calendar month, the amount of wages for this month is not reduced. Under other systems of remuneration for non-working holidays, on which employees were not involved in work, they are paid additional remuneration. The procedure for establishing the amount of remuneration is specified in part 4 of the commented article 112 of the Labor Code of the Russian Federation.

Non-working holidays in the Russian Federation are:

(as amended by the Federal law dated 04/23/2012 N 35-FZ)

(part one as amended by the Federal law dated December 29, 2004 N 201-FZ)

If a weekend and a non-working holiday coincide, a day off carried over on the next working day after the holiday, except for weekends coinciding with non-working holidays specified in second paragraph And third part of the first of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in second paragraph And third part of the first of this article, on other days in the next calendar year in the manner prescribed by part of the fifth of this article.

(as amended by the Federal law dated 04/23/2012 N 35-FZ)

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying 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, and the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

(part three as amended by the Federal law dated 30.06.2006 N 90-FZ)

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary).

(part four as amended by the Federal law dated 30.06.2006 N 90-FZ)

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

Weekend work according to the Labor Code the general rule is prohibited, but there are exceptions - they are stipulated in this article. Here, attention is paid to the concept of a day off and the list of holidays, as well as the case of a citizen's demand to cancel a non-working holiday.

The concept of a day off according to the Labor Code of the Russian Federation

The high-quality performance of work is not least due to the good rest of the worker. An employee is entitled to several types of rest time:

• vacation (including vacation without pay);
• holidays and weekends;
• daily breaks and between shifts.

Days off, as stated in Art. 111 TK, is a continuous rest provided weekly.

The minimum period of a day off under Art. 110 TK - 42 hours. At the same time, a different duration is established for employees of certain industries. For example, according to the Regulations on the peculiarities of the working hours and rest time of communications workers, approved. By order of the Ministry of Communications of the Russian Federation of September 8, 2003 No. 112, for shift workers, the minimum rest period is 24 hours, but the average weekly rest time for the reporting period should not be less than 42 hours.

This provision does not apply only to communications workers. So, Rostrud, in a letter “On the possibility of reducing the duration ...” dated January 20, 2014 No. PG / 13281-6-1, explained that the use of summing up rest time and deriving the average time for the reporting period, by analogy with the provisions of order No. 112, is also allowed for other categories workers, provided that it is impossible to establish a different rest time due to production conditions. Moreover, such summation should be fixed in the local act of the employing organization.

Which days are considered days off: Saturday, Sunday or any other day?

NOTE! In accordance with paragraph 17 of the resolution of the plenum of the Supreme Court “On the application of legislation regulating the labor of women ...” dated January 28, 2014 No. 1, 4 additional days off when caring for a disabled child can be divided between parents at their discretion. That is, for example, the mother can use 1 day off, and the father the remaining 3.

At the same time, in the Rules for the provision of additional paid days off for the care of children with disabilities, approved. Decree of the Government of October 13, 2014 No. 1048, it is noted that unused additional holidays in the next month can no longer be used.

Article 112: non-working holidays in the Russian Federation are ...

The Labor Code established 14 holidays that are non-working days:

As stated in part 7 of Art. 4 “On Freedom of Conscience and Religious Associations” of the Law of September 26, 1997 No. 125-FZ, additional non-working holidays can be declared in the constituent entities of Russia.

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The procedure for establishing an additional non-working day is that religious organization refers to government bodies with a request to declare a day falling on a religious holiday non-working. The state body considers the application and decides either to introduce an additional day in the region or to refuse to satisfy the application.

For example, in the Republic of Tuva, the law "On holidays ..." dated February 12, 1999 No. 143 establishes non-working days during the Shagaa and Nadym holidays. The Law of the Republic of Buryatia "On holidays ..." dated December 23, 2008 No. 675-IV established a non-working day during the Sagaalgan holiday.

Incident: in 2011, a citizen applied to the Supreme Court of the Republic of Bashkortostan, who considered that the effect of Art. 1 of the Law of Bashkiria "On holidays and memorable days, professional holidays and other significant dates in the Republic of Bashkortostan" dated February 27, 1992 No. VS-10 / RB infringes on his rights.

The article established additional non-working days on the days of the celebration of Eid al-Adha and Eid al-Adha. The citizen referred to the fact that the article violates the rights of those who profess other religions and atheists, and therefore the establishment of a non-working day due to the celebration religious holiday causes him moral harm and violates the right to work on the day of the holiday.

By the decision of the Republican Supreme Court in the case of June 27, 2011 No. 3-43 / 2011, the application was denied to the citizen. At the same time, the court noted that the publication of the norm on additional non-working days improves the position of the employee, which is not a violation of the right to work. The rights of persons professing a different religion are not violated by law.

What should I do if weekends and holidays coincide?

How installed TK, work on weekends and holidays, with some exceptions, is not allowed. In this regard, the question arises: what should the employer do if a non-working holiday coincides with a day off? The answer is in Art. 112 TC: in such a situation, the day off is shifted to a different date. There are 2 transfer options:

1. It is used for the January holidays, i.e. Christmas and New Year holidays.
   The transfer of coinciding holidays is carried out by the Government of the Russian Federation. At the same time, it notifies the population of the days of the transfer by issuing a decree, which is published no later than November 1 of the previous year. For example, a resolution “On the postponement of holidays in 2017” dated 08/04/2016 No. 756 has already been issued.
2. Applies to other public holidays.
   In accordance with Part 2 of the Procedure for calculating the norm of working hours, approved. By order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n, the day off is transferred to the next working day after the holiday.

The possibility of transfer is not made dependent on the work schedule, whether it be fixed or flexitime, but it depends on what plan of work the workers are carrying out. The Procedure notes that in production that operates continuously, or in the service of the population, which is carried out daily, i.e. under special organizational, technical or production conditions, the day off is not transferred.

Article 113 of the Labor Code - work on weekends and non-working holidays is usually prohibited

Work on rest days is prohibited. The exceptions are cases when the work is caused by certain circumstances: