Each enterprise has the right to develop its own form. Sample written consent of an employee to work on weekends and holidays can be downloaded on our website. Download a sample consent to work on a day off. Results In some situations work activity during periods intended for rest (holidays, weekends), it is necessary to maintain normal operation of the enterprise. However, in most cases, employees must give voluntary consent to perform labor responsibilities at inopportune times. Additional work on weekends is prohibited for certain categories of employees (pregnant women, minors).

Employee's consent to work on days off

If the management of the enterprise neglects the requirement of the law to obtain written consent to work on a day off from an employee, in the event of an inspection labor inspection and if such a fact is revealed, it may well be subject to serious administrative punishment, in the form of a fine (and both the director and the organization itself will be punished). In what cases can you do without a document? In some situations, the employer is not required to obtain the consent of a subordinate to go to work on a day off. Of course, these are exceptional cases that are clearly specified in the law, for example, if the presence of an employee at the workplace will help prevent or eliminate any or abnormal, catastrophic situations, industrial accidents or accidents.

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But if the employee chose another day of rest as compensation, then he is given a whole day of rest, regardless of the number of hours worked on a weekend or holiday (letters of Rostrud dated 03/17/2010 No. 731-6-1, dated 07/03/2009 No. 1936 -6-1, dated October 31, 2008 No. 5917-TZ). As a rule, the main difficulties are caused by calculating payment for work on a weekend or non-working holiday if the employee has a fixed salary. In this case, as can be seen from the table, it is necessary to take into account the monthly working hours.

The employee’s consent to be involved in work on weekends and holidays

Good time friends. Lawyer Evgeniy Volkov is in touch again. In this article I will present to you several samples of consent to work on a day off. All samples are tested by practice and... labor inspection. Before offering you a sample consent to work on a day off, let's remember in what cases consent to work on a day off is required.

Everyone probably knows that any employee, according to current labor legislation, is entitled to weekly uninterrupted rest in the form of days off. So, consent to work on a day off is required due to the fact that the current labor legislation allows, in exceptional cases, to involve an employee in work on a day off, whereas general rule work on weekends is prohibited. This is stated in Article 113 of the Labor Code of the Russian Federation.

Instructions for drawing up and sample employee consent to work on weekends

Attention

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 a non-working holiday, accrued in the amounts established by the Labor Code of the Russian Federation: double the amount if another day off was not provided, and single amount if another day off was provided. As for the inclusion of increased payment in expenses, in part exceeding the minimum established by the Labor Code of the Russian Federation, there is no clear position of the regulatory authorities on this matter. Thus, the Ministry of Finance spoke out against the inclusion in expenses of amounts paid for work on weekends and holidays that exceed those established by the Labor Code of the Russian Federation (Letter of the Ministry of Finance of Russia dated March 4, 2005 No. 03-03-01-04/1/88).

April 27, 2018how to register employees’ work on weekends and holidays

NOTE! If an employee works on an urgent basis employment contract lasting up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent even in the event of emergency situations (Article 290 of the Labor Code of the Russian Federation). Payment for work on a day off For the use of personal time spent on overtime work, employees are entitled to compensation. They have the right to choose:

• or take an additional day off and receive payment for work on a day off in a single amount;
• or agree to double monetary compensation based on the current tariff rate or with piecework payment (Art.
  153 Labor Code of the Russian Federation).

For those employees who are entitled to a fixed monthly salary, payment for work on weekends and holidays is made based on the daily or hourly rate, if the monthly working time standard (according to the Labor Code of the Russian Federation) is not exceeded.

Agreement to work on a day off: sample

Of course, this does not mean that a manager can constantly involve his employees in work every weekend, since he will subsequently have to prepare for an inspection government agencies and prove to authorized employees that such involvement was indeed forced. It is worth noting the fact that the reason why workers were hired on weekends must correspond to the list established in Article 113 Labor Code, and there mostly truly emergency circumstances are indicated. Article 113. Prohibition of work on weekends and non-working holidays Formalization and sample of an employee’s consent to work on weekends The employee’s written consent can be drawn up in the form of a separate document or indicated in the notice of his involvement in the performance of his duties.

Work on weekends and holidays: how to apply and pay

Recruitment to work on weekends and non-working holidays creative workers funds mass media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, is permitted in the manner established by the collective agreement, local regulations, or employment contract. In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization. Save this document now.

Application for consent to work on a day off

It is advisable to include in the notice:

• date of planned recruitment;
• the reason that necessitated such involvement;
• the fact that the employee has read the notice;
• the fact of the employee’s consent (or refusal) to work on a weekend or non-working holiday;
• the fact that the employee is familiar with the right to refuse to work on a day off or a non-working holiday (mandatory for certain categories of employees);
• the form of compensation chosen by the employee: increased payment or an additional day of rest (indicating the date).

Download a sample notification of an employee about being hired to work on a weekend or a holiday. Registration of a manager's order. Attracting employees to work on weekends and non-working holidays must be formalized by a written order of the employer (Part 8 of Article 113 of the Labor Code of the Russian Federation).

Working on weekends according to the labor code (nuances)

Important

For example, if an employee has a 40-hour work week, then the monthly working time in August 2015 is 168 hours (40 / 5 x 21). Let's look at the procedure for calculating payment for work on a weekend or holiday in more detail using examples. *** Example 1. Work on a weekend or a non-working holiday is carried out within the limits of the monthly working hours.

• to whom exactly it is addressed: the name of the enterprise, position, last name, first name and patronymic of its manager;
• information about the author of the document.

After this comes the main part:

• the fact of consent to work on a strictly defined day is recorded (a specific date is entered here);
• the employee must indicate that he is aware that he has the right not to go to work on his day off;
• certify that the employee has no contraindications (neither medical nor legal) for performing labor functions on a day like this.

How to formalize consent Both in terms of content and in terms of execution of consent, the legislation does not impose any special requirements - it can be drawn up on an ordinary sheet of any convenient format or on the organization’s letterhead (if required by its internal rules).

Work on weekends is not permitted under the Labor Code. However, there are some exceptions when employees may be required to perform work duties on weekends with or without their consent. We will talk about these cases, as well as how to pay for work on days off, in our article.

Working on a day off according to the Labor Code of the Russian Federation

Every employee has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their days off. Involving them in additional work activities is possible if written consent to leave is obtained in advance. However, employees may refuse additional processing during non-working hours.

Work during additional hours must be documented accordingly. Necessary:

• obtain the employee’s written consent to go to work during holidays or weekends;
• familiarize the employee with the conditions of severance, including the right to refuse work in free personal time;
• notify trade union body(if available);
• issue an order to perform overtime work, indicating the reasons, duration and persons involved.

Sometimes obtaining the employee's consent to perform work duties on weekends is not required. These are possible subject to the following conditions in accordance with Art. 113 Labor Code of the Russian Federation:

• if it is necessary to prevent the occurrence of unforeseen circumstances that could lead to catastrophic consequences, including accidents or damage to the property of the enterprise;
• the need to perform the work arose due to an emergency situation, including caused by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with young children under 3 years old) are involved in overtime work only with their consent. It is prohibited to use it on weekends and by minors.

Possible options for recruitment in free time must be specified in the collective agreement and other internal local acts.

Working conditions on weekends and holidays

If there is a need for overtime work, management issues an order to involve employees who have agreed to perform the work. It records the start date for overtime work on weekends. In the event of emergency situations, going to work on weekends and holidays can also occur by verbal order of management (before the order is issued).

Carrying out work on weekends by disabled people or women who have children under 3 years of age is possible not only with their written consent, but also in the absence of medical contraindications to work overtime.

NOTE! If an employee works under a fixed-term employment contract lasting up to 2 months, it will not be possible to involve him in work on weekends without obtaining written consent, even in the event of an emergency (Article 290 of the Labor Code of the Russian Federation).

Pay for work on days off

Employees are entitled to compensation for the use of personal time spent working overtime. They have the right to choose:

• or take an additional day off and receive payment for work on a day off in a single amount;
• or agree to double monetary compensation based on the current tariff rate or for piecework payment (Article 153 of the Labor Code of the Russian Federation).

For those employees who are entitled to a fixed monthly salary, payment for work on weekends and holidays is made based on the daily or hourly rate, if the monthly working time standard (according to the Labor Code of the Russian Federation) is not exceeded. If the monthly working time limits are exceeded, payment for additional work on holidays and weekends is calculated at double the rate.

If an employee has requested time off, he must write a corresponding application.

Calculation rules additional compensation for weekends and holidays do not apply to those whose regular schedule includes the possibility of working on holidays and weekends: employees with irregular working hours, shift work.

All additional conditions can be specified in the internal regulations on remuneration, the procedure for filling which you will learn from the article “Regulations on remuneration of employees - sample 2018 - 2019” .

Sample consent to work on a day off

The forms of the document confirming the receipt of the employee’s consent to work extra time are not approved by law. Each enterprise has the right to develop its own form.

A sample of an employee’s written consent to work on weekends and holidays can be downloaded on our website.

Results

In some situations, work during periods intended for rest (holidays, weekends) is necessary to maintain the normal operation of the enterprise. However, in most cases, employees must voluntarily agree to perform work duties outside of normal working hours. Additional work on weekends is prohibited for certain categories of employees (pregnant women, minors).

On holidays, as a general rule, no one works, with the exception of certain categories of workers. These are workers employed in continuous production, in organizations serving the population, in emergency repair and loading and unloading operations.

The employer has the right to oblige you to go to work on a non-working holiday only with your written consent in cases of the need to perform unforeseen work, on the urgent completion of which the normal operation of the organization as a whole or its individual members depends in the future structural divisions.

Production is allowed on non-working holidays next works(Part 6 of Article 113 of the Labor Code of the Russian Federation):

• the suspension of which is impossible due to production and technical conditions (continuously operating organizations);
• caused by the need to serve the population;
• urgent repair and loading and unloading operations.

It is allowed to attract creative workers from cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, the media, professional athletes (in accordance with the lists of their categories) to work on weekends and holidays.

IN budgetary organizations employees can be involved in such work in the manner established by the Government of the Russian Federation, and in other organizations - in the manner determined by the collective agreement. By the way, we note that the list creative professions, according to which people will be required to work on weekends, has not yet been approved by the Government of the Russian Federation. Such workers, like everyone else, must give their consent to work outside of normal working hours.

The Labor Code of the Russian Federation clearly defines the circle of persons who in no case should be involved in work on weekends and holidays, with the exception of certain reservations. Thus, on rest days, the work of pregnant women is prohibited (Labor Code of the Russian Federation, Article 259), as well as workers under the age of 18 (Labor Code of the Russian Federation, Article 268).

Even the written consent of these employees does not give the employer the right to violate the ban. But it is worth mentioning that this rule does not apply to minor creative workers in the media, cinematography, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance of works, as well as to professional athletes.

As has already been mentioned several times, involvement in work on weekends and holidays in all cases should occur only with the written consent of the employee. In addition, it is always carried out on the written order of the employer. Those against whom the order is issued must be familiarized with it against receipt.

They take it from the employee, in which the employee can indicate the desired date of “time off”. The date of “time off” can also be indicated in another document - by signing a separate agreement between the employee and the employer.

Weekends are a weekly period of uninterrupted rest that must be provided to all employees. With a five-day working week employees are given two days off per week, and in the case of a six-day week - one (Part 1 of Article 111 of the Labor Code of the Russian Federation). The general day off for everyone is Sunday. And the second day off in a five-day working week is established by a collective agreement or internal rules labor regulations. In this case, days off are usually provided in a row (Part 2 of Article 111 of the Labor Code of the Russian Federation). That is why most workers have Saturday-Sunday days off.

If suspension of work on weekends is impossible for production, technical and organizational reasons, days off are given to employees on different days of the week in accordance with the internal labor regulations (Part 3 of Article 111 of the Labor Code of the Russian Federation).

In general, work on weekends is prohibited (Part 1 of Article 113 of the Labor Code of the Russian Federation). However, there are exceptions. We will talk about them in our material and provide a sample application for work on a day off.

Conditions for being hired to work on a day off

An employee may be required to work on a day off if it is necessary to perform unforeseen work, the urgent completion of which depends on the normal operation of the organization as a whole or its structural divisions. But this will require the written consent of the employee (Part 2 of Article 113 of the Labor Code of the Russian Federation). To be hired to work on a day off in other cases, not only the consent of the employee will be required, but also the permission of the elected body of the primary trade union organization (Part 5 of Article 113 of the Labor Code of the Russian Federation). Although if the employer does not have such an elected body, the employee’s consent alone will be sufficient.

The employee’s consent is not required if he is involved in work on a day off to prevent or eliminate the consequences of a disaster, industrial accident, natural disaster, or other force majeure circumstances (Part 3 of Article 113 of the Labor Code of the Russian Federation).

Working on a day off for certain categories of workers

Along with the procedure indicated above, it is necessary to remember that disabled people and women with children under 3 years of age can be recruited to work on weekends, provided that this is not prohibited for them due to health reasons in accordance with a medical report. At the same time, such persons must be informed, against signature, of their right to refuse to work on weekends (Part 7, Article 113 of the Labor Code of the Russian Federation).

But it is prohibited to involve pregnant women in work on weekends (Part 1 of Article 259 of the Labor Code of the Russian Federation).

It is also prohibited to employ workers under the age of 18 to work on weekends (with the exception of creative workers, in particular, the media, cinematography organizations, television and video crews, theaters, circuses) (Article 268 of the Labor Code of the Russian Federation).

Working on weekends: application

An application for work on a day off is drawn up in any form. Often such a statement is called consent (after all, the Labor Code of the Russian Federation speaks about the need to obtain consent from the employee) or a statement of consent. It is addressed to the employer’s manager and contains information about the employee, the day off that is planned to be a working day, as well as the reason why there is a need to work on a day off.

We provide a sample form for applying for work on a day off.

Pay on a day off

Work on weekends is paid at an increased rate (Part 1 of Article 153 of the Labor Code of the Russian Federation):

• for piece workers - no less than double piece rates;
• employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
• for employees receiving a salary - in the amount of no less than a single daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary, if work on a weekend or holiday was carried out within the monthly working time norm, and in an amount of not less than double the daily or hourly rate (part of the salary per day or hour of work) in addition to the salary, if the work was performed in excess of the monthly working time standard.

At the same time, by a collective agreement or local regulatory act of the employer, wages on weekends may be higher than those provided for by the Labor Code of the Russian Federation (Part 2 of Article 153 of the Labor Code of the Russian Federation).

Let us remind you that increased payment to an employee is made for hours actually worked on a day off. This means that if an employee worked only part of the day off, then increased payment will be made in proportion to the time actually worked (Part 3 of Article 153 of the Labor Code of the Russian Federation).

Please note that to calculate wages on a day off, it is necessary to take into account not only the salary, but also compensation, incentive payments, as well as regional coefficients and percentage allowances (Resolution of the Constitutional Court dated June 28, 2018 No. 26-P).

About rest for work on a day off

At the request of an employee who worked on a day off, he may be given another day of rest. In this case, work on a day off is paid in a single amount, but a day of rest is not subject to payment (Part 4 of Article 153 of the Labor Code of the Russian Federation).

Please note that when an employee works shift schedule and his shift coincided with a general day off (for example, Sunday), such a day is paid as a regular working day, i.e., at a single rate. Accordingly, rest is not allowed for such work. This is due to the fact that such workers’ days off fall on other days (for example, Tuesday-Wednesday) and their legal right The employee is not deprived of weekly rest.

Good time friends. Lawyer Evgeniy Volkov is in touch again.

In this article I will present to you several samples of consent to work on a day off.

All samples are tested by practice and... labor inspection.

Before offering you a sample consent to work on a day off, let's remember in what cases consent to work on a day off is required.

Everyone probably knows that any employee, according to current labor legislation, is entitled to weekly uninterrupted rest in the form of days off.

So, consent to work on a day off is required due to the fact that current labor legislation allows, in exceptional cases, to involve an employee in work on a day off, while as a general rule, work on weekends is prohibited.

This is stated in Article 113 of the Labor Code of the Russian Federation. In general, in my opinion, in Article 113 of the Labor Code of the Russian Federation the issue of consent to work on a day off is settled quite fully and in detail.

So, for example, according to part two of Art. 113 of the Labor Code of the Russian Federation, consent to work on a day off is required

if it is necessary to perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual structural divisions depends

That is, the legislator clearly indicates to us the reason for obtaining consent to work on a day off.

If the reason for calling the employee in your case does not coincide with that indicated by the legislator in part two of Art. 113 of the Labor Code of the Russian Federation, then, in addition to the employee’s consent to work on a day off, the employer must also take into account the opinion of the elected body of the primary trade union organization.

Without consent to work on a day off, it is allowed to involve an employee in work on days off only in the cases listed in part three of Art. 113 of the Labor Code of the Russian Federation, that is:

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 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, threatening the life or normal living conditions of the entire population or part of it.

Okay, we've got that sorted out. Now let's see how to properly formalize consent to work on a day off.

The sample that I offer you is quite universal, so you don’t need to add anything else to it.

The main thing is that the consent to work on a day off includes the following information:

1. Last name and initials of the employee who gave consent.
2. The phrase that the employee agrees to work on a day off.
3. Date (day off) on which the employee is required to return to work.
4. An indication of the chosen method of payment for a day off.
5. Date of consent to work on a day off.
6. Employee signature.

Notice how the selected method of payment for a day off is indicated here?

You will say that nothing is written here about payment at all. And you will be wrong.

Why? Because the employee indicated “with the provision of another day of rest.” Now open part 3 of article 153 of the Labor Code of the Russian Federation. It says there that

in this case, work on a day off is paid in a single amount, and a day of rest is not subject to payment.

In other words, there is an indication of the chosen method of remuneration in this agreement to work on a day off.

As you can see, the specified sample contains consent to work on a day off for only one employee. However, on large manufacturing enterprises As a rule, not one employee, but several people are involved in working on a day off.

Of course, the employer can ask each employee to write personal consent to work on a day off (each employee writes or prints his consent on a separate sheet).

In this case, for example, for five employees you will get 5 pieces of consent.

Have you ever thought about saving paper? After all, it is quite possible to formalize the consent of several employees to work on a day off in the form of one document.

At the same time, such a document must also contain all the necessary data that I indicated just above when considering the previous sample of consent to work on a day off.

Like this

Also, the law does not prohibit issuing consent to work on a day off for a group of employees like this:

Or like this:

Clarification: due to the fact that the article was published by me back in 2015, and changes were subsequently made to Article 153 of the Labor Code of the Russian Federation, at present a link to part 3 of Article 153 of the Labor Code of the Russian Federation on the samples of employee consents presented in this article is necessary replace with part 4 of article 153 of the Labor Code of the Russian Federation.

That's all the information for today. I hope my article is useful to you in practical activities. How do you formalize your consent to work on a day off?

Attention: I do not provide telephone consultations on the issues outlined in the article. The article outlines my vision of the situation and provides a working solution to the issue. Use it! And if you still have any questions about the topic of the article, please ask them in the comments to the article below. Thank you!