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Work on a pre-holiday day in accordance with Part 1 of Art. 95 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) becomes one hour shorter. This is the so-called shortened working day. The list of holidays that are considered non-working dates is given in Part 1 of Art. 112 Labor Code of the Russian Federation. It is installed for the entire territory of Russia.

Other provisions may be provided for in regulations. In particular, the provision of paragraph 7 of Art. 4 Federal Law dated September 26, 1997 No. 125-FZ “On freedom of conscience and religious associations” allows government agencies declare non-working Religious holidays. This decision is made for individual territories at the request of religious organizations. Consequently, constituent entities of the Russian Federation are entitled to establish their own non-working holidays.

According to the law, in some cases the day off is transferred. From the norm of Part 2 of Art. 112 of the Labor Code of the Russian Federation it follows that if non-working holiday dates coincide with weekends, then the day off is transferred to the working day following the holiday. In this case, the duration of work is equal to the duration of the working day to which the day off was transferred. According to the rules, the transfer of a day off is carried out by the Government of the Russian Federation.

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Shortening the pre-holiday working day does not depend on the duration of daily and (or) weekly work. An exception to the rule includes, for example, continuous production (Part 2 of Article 95 of the Labor Code of the Russian Federation). On continuously operating enterprises(types of work) where a reduction in working time is unacceptable, its duration on the eve of a holiday is not reduced.

This approach is understandable, because continuous production implies a set of technological processes that cannot be stopped without significant damage to production. Essentially, this is dictated by the nature of the technology.

Fact

Examples of continuous production are most often found in industry - glass workshops, lime kilns, mill buildings, potteries, etc. In addition, examples of continuous production include healthcare institutions - hospitals and clinics, as well as public transport- suburban and international.

That is why the duration of work (shift) on the eve of a non-working holiday is not reduced for workers servicing continuous production. If, due to organizational, production and technical conditions, the suspension of the work process on non-working holidays is impossible, then the duration of work on the eve of the holiday is not reduced.

Article 95 of the Labor Code of the Russian Federation approves general rule about shortened pre-holiday working day. This benefit, a shortened working day, is valid for all employees, even those who have already been assigned a reduced working time. These include minors, citizens working with dangerous (harmful) labor conditions, .

Persons working part-time and employees who work part-time are also subject to the above rule. This follows from the analysis of the provisions of Part 3 of Art. 93 of the Labor Code of the Russian Federation, as well as Part 2 of Art. 287 Labor Code of the Russian Federation. In addition, they are subject to the transfer of the day off.

However, the duration of work cannot be reduced if a non-working holiday is preceded by days of weekly rest. In other words, a shortened working day is not established when a non-working holiday occurs work schedule preceded by a day off. This is understandable, because in such a case the working day does not begin immediately before the holiday.

In continuous production and certain types jobs where it is impossible to reduce the duration of the shift in pre-holiday day, processing is reimbursed. The employee is additionally given rest time or, with his consent, payment is made according to the standards established for (Article 95 of the Labor Code of the Russian Federation).

The duration of the working day or shift immediately preceding a non-working holiday, by virtue of Part 1 of Art. 95 of the Labor Code of the Russian Federation is reduced by one hour. Non-working holidays V Russian Federation according to Art. 112 of the Labor Code of the Russian Federation are:

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 - Russia Day;
- November 4 - Day of National Unity.

Based on this, seven days become pre-holiday days: December 31, February 22, March 7, April 30, May 8, June 11 and November 3. This year, April 30, June 11 and December 31 fall on Saturday, and May 8 falls on Sunday. By Decree of the Government of the Russian Federation dated September 24, 2015 N 1017, the day off from Sunday, January 3, was moved to Monday, March 7. On the working days preceding the corresponding holidays, Fridays March 4, April 29, May 6, June 10 and December 30, their duration does not decrease.
The mentioned Decree of the Government of the Russian Federation N 1017 moved the day off from Saturday, February 20, to Monday, February 22. In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (part 4, clause 1 of the Procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n). Thus, the pre-holiday day is February 22, on which general rule The duration of work is reduced by one hour, after the postponement it became a day off, and the day off February 20 became a working day. Consequently, operating hours on February 20 were reduced by one hour.
The length of the working day and the remaining pre-holiday day on November 3 is also reduced by one hour.
Thus, in 2016, only on two of the specified pre-holiday days there is a decrease in the length of the working day or shift by one hour.
The rule on reducing the length of the working day (shift) immediately preceding a non-working holiday by 1 hour applies regardless of whether the working week is 5 days or 6 days. In relation to 6-day working week Part 3 Art. 95 of the Labor Code of the Russian Federation also provides for maximum working hours on the eve of weekends. It cannot exceed 5 hours.

Reduction for all employees

Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Therefore, with a five-day working week, the duration of a regular working day is 8 hours (40 hours: 5 days x 1 day), but on a pre-holiday day its duration will be 7 hours (8 - 1).
The above reduction provision applies to all employees, regardless of the duration of their working hours and its mode. The fact that the duration of the working day immediately preceding a non-working holiday is reduced by one hour, regardless of the duration of the weekly or daily work, the Ministry of Labor of Russia indicated almost immediately after the entry into force of the Labor Code of the Russian Federation and, accordingly, the mentioned Art. 95 of the Code in Letter dated March 12, 2002 N 1362-VYA.
In the mid-2000s, the state unitary enterprise appealed to the Supreme Court of the Russian Federation with an application to invalidate clause 2 of the Explanation “On some issues arising in connection with the transfer of days off coinciding with holidays”, which was still in effect at that time (approved by Resolution of the Ministry of Labor of Russia dated December 29, 1992 N 65) .
The mentioned paragraph 2 of the Explanation established the procedure for calculating the standard working time for certain periods of time. It was proposed to calculate the specified standard of working time according to this paragraph according to the estimated schedule of a five-day working week with two days off on Saturday and Sunday, based on the following duration of daily work (shift):
- with a 40-hour work week - 8 hours, on holidays - 7 hours;
- if the working week is less than 40 hours - the number of hours obtained by dividing the established working week by five days.
At the same time, the latter provision clarified that on the eve of holidays, working hours are not reduced (the reference was to Article 47 of the Labor Code of the RSFSR in force at that time).
According to the applicant, the norm of paragraph 2 of the Explanation contradicted the Labor Code of the Russian Federation and violated the rights of organizations with a continuously operating nature of work. The applicant believed that the legislator did not provide for a reduction in shift duration by one hour on the eve of non-working holidays in continuously operating organizations. The senior judges thought differently.
Part 1 art. 95 of the Labor Code of the Russian Federation, in their opinion, established a general rule on reducing the duration of the working day or shift immediately preceding a non-working holiday, which applies to all employees and is mandatory for employers.
In Part 2 of Art. 95 of the Labor Code of the Russian Federation, the legislator has regulated the issue of the duration of work on the eve of non-working holidays in continuously operating organizations where it is impossible to reduce the duration of work (shift). A reduction in the duration of work (shift) by one hour provided for by law in this case is called overtime and is subject to compensation in the form of additional rest time or payment according to the standards established for overtime.
Paragraph 3 of clause 2 of the Explanation provides for the calculation of the standard working time for employees who have a reduced working time. However, due to the introduction into force of the Labor Code of the Russian Federation, the Labor Code of the RSFSR (including Article 47) lost force. Provisions par. 3 paragraph 2 The explanations really contradicted the requirements of Part 1 of Art. 95 of the Labor Code of the Russian Federation, according to which the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
This benefit applies to all employees, including those who have already been granted reduced working hours (Article 92 of the Labor Code of the Russian Federation), in particular:
- employees under 18 years of age;
- disabled people of groups I and II;
- persons employed in work with harmful and dangerous working conditions.
The senior judges concluded that, enshrined in Part 1 of Art. 95 of the Labor Code of the Russian Federation, the benefit applies to all employees.
The State Unitary Enterprise's application was partially satisfied, only paragraph. 3, paragraph 2 was declared invalid; the rest of the stated demands were left unsatisfied by the RF Supreme Court (Decision of the Supreme Court of the Russian Federation dated September 29, 2006 N GKPI06-963).
Part 1 art. 93 of the Labor Code of the Russian Federation allows establishing, by agreement between the employee and the employer, both upon hiring and subsequently, a part-time working day (shift) or a part-time working week. A reduction of one hour in the duration of the working day immediately preceding a non-working holiday also applies to the specified work schedule, since part-time work by virtue of Part 3 of Art. 93 of the Labor Code of the Russian Federation does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights. And the reduction in question is precisely one of these.
As you can see, part-time work is no exception. Hence, work time on the pre-holiday day, all employees working in this mode will have their hours reduced by one hour. This also applies to workers whose working day is only one hour.
Working hours are reduced by one hour on the eve of a holiday and remote worker. Indeed, in accordance with Part 3 of Art. 312.1 of the Labor Code of the Russian Federation applies to such workers labor legislation and other acts containing labor law norms.
Guarantees and compensations for persons working part-time are defined in Art. 287 Labor Code of the Russian Federation. According to this norm, guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full, with the exception of guarantees and compensations to persons:
- combining work with education;
- working in the Far North and equivalent areas.
These guarantees are provided to employees only at their main place of work.
Based on this, the length of the working day for a part-time worker on a pre-holiday day should also be reduced by one hour. For internal part-time workers, the working day is reduced by one hour both at their main place of work and at a part-time job.
The duration of work on the pre-holiday day is recorded in the working time sheet, which is maintained in a form developed independently by the employer, or in standardized forms N T-12 or N T-13 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). The number of working hours on such a day will accordingly be one hour less compared to a regular working day.

Payment amount

Pre-holiday pay depends on the procedure for recording working hours.
In accruals, employees who have a fixed salary do not lose anything when the working day is reduced by one hour. Wages for the month in which there is a pre-holiday day, they receive the full amount, regardless of the fact that on the specified day they worked an hour less. After all, the reduction in the duration of the day in question, provided for by the Labor Code of the Russian Federation, is the norm for working hours. Thus, the standard working time according to clause 1 of the mentioned Procedure for calculating the standard working time is:
- in February - 159 hours ((8 hours/day x 20 days - 1 hour), where 20 is the number of working days in February with a five-day working week with days off on Saturday and Sunday);
- in November - 167 hours ((8 hours/day x 21 days - 1 hour), where 21 is the number of working days in November, again with a five-day working week with Saturday and Sunday off).
When recording working time by time:
- in working days - a shortened pre-holiday day is paid as a full working day;
- hourly - for hours actually worked, that is, in this case the unworked hour is not paid.

Example 1. The organization’s operating mode is a five-day work week with days off on Saturday and Sunday. On the pre-holiday day rescheduled for February 20, its duration was 7 hours. When concluding employment contracts with employees, various remuneration conditions were used: Befusu Y.S. The salary is set at 35,000 rubles. per month, Tsisar O.K. - daytime tariff rate 1750 rub/day, Khvornumu I.R. - hourly tariff rate 220 rubles/hour. In February, these employees worked all working days of the month. According to the production calendar in February there are 20 working days, the standard working time for a five-day working week is 159 hours.
On the working day of February 20, Befus and Tsisar are paid in full, since a reduction in working hours by one hour on this day is established by the Labor Code of the Russian Federation. For February, employees will be credited with 35,000 rubles. (35,000 rub.: 20 days x 20 days) Befusu and 35,000 rub. (1750 rub/day x 20 days) To Tsisar.
Since Hvornum is paid based on the hourly tariff rate, the one hour not worked due to the reduction in the working day on February 20 is not paid. This month, accruals are made to him for 159 hours worked, the required amount will be 34,980 rubles. (220 RUR/hour x 159 hours).

Piece workers' pay depends on the volume of work performed, and not on the number of hours they spent on it.

Example 2. The organization employs piece workers L.N. Kraichik. and Allison M.W. Employment contracts with employees indicate that one standard hour of work (production of 15 units of product) is paid at a piece rate of 250 rubles. On February 20, Kraichik fulfilled the work quota; in seven hours he produced 105 units of product, while Ellison produced only 95 units of product during the specified time.
For the specified pre-holiday day (shortened by one hour), Kraichik is credited 1,750 rubles. (250 RUR x 7 hours).
Ellison fulfilled the plan on this day by 90.48% (95 units: 105 units x 100%), in connection with this his accruals will amount to 1583.33 rubles. (250 RUR x 7 hours x 90.48%).

In the cited Decision of the Supreme Court of the Russian Federation N GKPI06-963, the provision of Part 2 of Art. 95 Labor Code of the Russian Federation. According to this norm, in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime of one hour is compensated for:
- providing the employee with additional rest time;
- with the consent of the employee, payment according to the standards established for overtime work.
Article 152 of the Labor Code of the Russian Federation, which regulates payment for overtime work, directly states that, at the employee’s request, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.
One of the basic principles legal regulation labor relations and other directly related relations in accordance with paragraph. 5 tbsp. 2 of the Labor Code of the Russian Federation recognizes the provision of the right of every employee to fair working conditions. Within the meaning of the norm of this paragraph, the duration of additional rest time during overtime, which is no less than the time of this overtime, meets the principle of ensuring the right of every employee to fair working conditions.
Based on this, an employee who has worked on a pre-holiday day, which is generally reduced by one hour, is entitled to at least one hour of additional rest. The procedure for its provision should be determined by the employer’s documents regulating labor relations.
The list of industries or positions in which, due to the nature of the work, employees cannot have their work hours (shifts) reduced on pre-holiday days, and the procedure for compensation for overtime work of the organization, it is quite logical to provide for in a collective or employment contract, as well as locally normative act.
In the collective agreement, the employer can prescribe various forms of compensation. In addition to the procedure for recording overtime, the document can stipulate the possibility of summing up overtime, which will subsequently allow the employee to receive a full day of rest. When determining the conditions for providing compensation for overtime on a pre-holiday day, it is also necessary to establish the procedure for paying for such work (for example, describe the procedure for requesting employees to choose the type of compensation, etc.).
Please note that in order to apply the norms provided for by the collective agreement, all employees of the organization must be familiar with them.
Providing additional rest time can be included in the shift schedule (if shift work with summarized working hours). In this case, the schedule takes into account the shifts of employees minus the hours worked overtime. Thus, for persons who worked a full shift on the pre-holiday day (without a reduction of one hour), the schedule provides for shifts minus the overtime hours. To prevent this from happening simultaneously for all of these persons, such a shift is established for each of them in turn. In this case, the employee is given the right to decide when he uses this hour for personal purposes - in the first hour of the shift or in the last. Moreover, the employee must make a decision in advance. This option can be applied if the organization has employees who can replace those who go to work later (leave work earlier) due to the provision of additional rest time. Otherwise, to replace the vacationer, you will have to hire another employee to work overtime or work on a day off.
Including such days in the shift schedule makes its preparation somewhat difficult. After all, according to Part 4 of Art. 103 of the Labor Code of the Russian Federation, the shift schedule must be brought to the attention of employees at least a month before it comes into force.
The issuance of an order (instruction) from the employer on compensation to the employee eliminates this shortcoming. If a local regulatory act establishes a list of works for which, in accordance with Part 2 of Art. 95 of the Labor Code of the Russian Federation, working hours on a pre-holiday day are not reduced, then after the day on which the processing occurred, an order is issued. It indicates the last name, first name, patronymic and position of the employee who is entitled to additional rest, the day on which the overtime occurred, its reason and the period of time for which the rest is provided. The basis for such an order may be a statement from the employee, in which he indicated the desired type of compensation. The employee must be familiarized with the order and signed.
The Labor Code of the Russian Federation does not establish a period during which an employee is provided with additional rest time as compensation for overtime on pre-holiday days. Therefore, it is advisable to establish rules for providing additional rest time in the organization’s local regulations. In this case, it is necessary to keep records of processing time in such a way that compensation is necessarily made. Otherwise, the employer may be held administratively liable for violating the legislation regulating working hours and rest periods for employees.
Instead of providing additional rest time, overtime on a pre-holiday day can be paid with the employee’s consent. The decision on this type of compensation can be made by the employee both before and after work on the day before the holiday. The employee is notified orally or in writing of the opportunity to receive monetary compensation for overtime hours.
If the employer is notified of the possibility of receiving monetary compensation in writing before the start of work and agrees to payment, then the basis for the order to pay for overtime is indicated by a document in which the employee has confirmed in writing his desire for the type of compensation in question. Such a document may be a proposal signed by the employer, in which the employee is given the right to choose the type of compensation.
An employee can write a personal statement addressed to the employer about payment for an overtime hour on a pre-holiday day, which is calculated according to the standards for overtime pay.
To pay compensation, the employer issues an order based on a document that sets out the employee’s wishes regarding the type of compensation. The employee familiarizes himself with the order with his signature.
As we can see, replacing an employee’s additional rest time with payment of compensation can only be done with the consent of the employee himself. The presence of a condition in a collective or labor agreement, according to which overtime on pre-holiday days is in all cases compensated to employees exclusively by payment according to the standards established for overtime work, infringes on the rights of the employee.
Regulation of labor relations and other directly related relations in accordance with Part 1 of Art. 9 of the Labor Code of the Russian Federation can be carried out by concluding, amending, supplementing employment contracts by employees and employers. Based on Part 2 of this article, collective and labor agreements cannot contain conditions that limit the rights or reduce the level of guarantees of employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in these agreements, they are not subject to application.
When using the unified form N T-13 to record working hours, in the upper lines of column 4, opposite the employee’s last name when working during the day, the letter code I or digital 01 is entered, and in the lower lines the duration of work is indicated in hours, minutes. When overworking on a pre-holiday day, you can add lines to the timesheet form opposite the last name of the overworked employee and put in them the letter code C or digital 04, and below - the time worked by the employee in excess of the established norm of 1 hour.
Overtime for one hour in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) on a pre-holiday day, in our opinion, is not overtime work, which is discussed in Art. 99 Labor Code of the Russian Federation.
Let us remind you that overtime work in accordance with Part 1 of Art. 99 of the Labor Code of the Russian Federation is work performed by an employee on the initiative of the employer outside the established working hours - daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.
In the case provided for in Part 2 of Art. 95 of the Labor Code of the Russian Federation, there is no reduction in the working day or shift, so the work is not performed outside the working hours established for the employee.
If we assume that work for one hour in the case under consideration is overtime work, then all the provisions of Art. 99 Labor Code of the Russian Federation. As a general rule, engaging an employee to work requires his written consent and taking into account the opinion of the elected body of the primary trade union organization. And this, in turn, would make it impossible for continuously operating organizations to operate if workers refused to work overtime. Such an approach would not correspond to the task of optimal coordination of the interests of the parties to labor relations (Part 1 of Article 1 of the Labor Code of the Russian Federation).
Since work for an hour in the case provided for in Part 2 of Art. 95 of the Labor Code of the Russian Federation, is not overtime work provided for in Art. 99 of the Labor Code of the Russian Federation, in order to attract an employee to such work, compliance with the requirements of this article is not required. 99 of the Labor Code of the Russian Federation, including:
- obtaining the employee’s written consent;
- taking into account the opinion of the elected body of the primary trade union organization;
- drawing up an order from the employer to engage in overtime work.
All in the same part 2 tbsp. 95 of the Labor Code of the Russian Federation states that overtime is compensated by payment according to the standards established for overtime work. Overtime work is paid at an increased rate: for the first two hours - no less than one and a half times the rate, for subsequent hours - no less than double the rate. Specific amounts of payment for overtime work can be determined by a collective agreement, local regulations or an employment contract (Article 152 of the Labor Code of the Russian Federation).
As we can see, for one hour of work worked, which is subject to reduction on the day before a holiday, the employee is entitled to accrue one and a half hourly wage rate, unless a collective or labor agreement or local act of the organization provides for a larger amount of such payment.

Example 3. Employee Bolelli V.V. A 12-hour work shift was established, one of which was scheduled to take place on February 20, 2016 from 8:00 to 20:00. The employee is given an hourly wage rate of 220 rubles/hour.
Due to the continuous technological process An employee’s working hours on a pre-holiday working day cannot be reduced. According to the regulations on wages for workers engaged in continuous production, on pre-holiday working days, working hours are not reduced by one hour. One hour of overtime is paid according to the standards established for overtime work by the collective agreement: all hours of overtime are paid at double the rate.
Payment for actual time worked on February 20 is 2,420 rubles. (220 rubles/hour x 11 hours), payment for one hour worked overtime is 440 rubles. (220 rubles/hour x 1 hour x 2), in total for the specified working day before the holiday Bolelli was charged 2860 rubles. (2420 + 440).

Tell part-time workers and part-time employees on a pre-holiday day, which is shortened by 1 hour, should they also put a reduced work day of 1 hour on their time sheet? And if an employee works in shifts (every three days) and one of the shifts falls on a pre-holiday day that is 1 hour shorter. What should he put on his report card and how to compensate for 1 hour. And from what moment does this take effect? Thank you.

Answer

New edition of Art. 95 Labor Code of the Russian Federation

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.

On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

The duration of the working day (shift) immediately preceding a non-working holiday is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).

Non-working holidays in the Russian Federation are:

Existing professional holidays, such as medical worker, Trade Worker's Day, etc., do not apply to non-working holidays, and the rules of Article 95 of the Labor Code of the Russian Federation are not applicable in these cases.

On the eve of holidays and weekends, the length of the working day (shift) is reduced by one hour, both with a 5-day and with a 6-day working week.

Moreover, such a reduction is made not only in relation to workers with normal working hours, but also in relation to workers with reduced working hours.

Due to the fact that the duration of work in a 40-hour work week is subject to reduction by one hour, on the eve of holidays (non-working days) the day before the day off is not reduced if the holiday is preceded by one or two days off.

For example, if a holiday falls on Sunday, and the organization has a 5-day work week, then the working day on Friday is not shortened, since in this case the holiday is preceded by a day off - Saturday.

In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 ).

With a 5-day work week, the weekly time limit is distributed among the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration of the work shift on the eve of the weekend, as is provided for a 6-day work week.

If in continuously operating organizations and in certain types of work it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime must be compensated by providing the employee with additional rest time or, with the consent of the employee, payment in the form of overtime work.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for paying overtime work.

Another comment on Art. 95 Labor Code of the Russian Federation

1. Non-working holidays are defined in Art. 112 Labor Code of the Russian Federation.

2. According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour both for workers with normal working hours and for those who work on reduced working hours, regardless of the basis for its reduction.

3. If a non-working holiday follows a day off, then the working day preceding this day off cannot be shortened.

4. If a week falls on a holiday, the working hours for that week are adjusted accordingly. This rule applies to both a five-day and a six-day work week.

5. The main form of compensation for overtime on a pre-holiday day in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) is to provide the employee with additional rest time. Replacing it with payment according to the standards established for overtime work is allowed only with the consent of the employee.

6. Having established in Part 2 of Art. 95 of the Labor Code of the Russian Federation, the conditions for compensation for overtime caused by the inability in continuously operating organizations and in certain types of work to reduce the duration of work (shift) on a pre-holiday day, the law does not determine during what time compensation should be provided in the form of additional rest time. As a rule, compensation for such overtime should be provided for in the shift schedule. If in an organization this issue is not regulated by a shift schedule or a collective agreement, then additional rest time is provided by agreement of the parties.

Everyone loves holidays, because an extra day of rest won’t hurt anyone. Moreover, work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a reduction in the total length of the working day is not always expected. When and in what cases does labor legislation allow you to go home early? Our article is devoted to this topic.

What is a pre-holiday day according to the Labor Code of the Russian Federation?

In accordance with the norms of the Labor Code, the pre-holiday working day is the day immediately preceding the official holiday. The duration of such a day (shift), in accordance with stat. 95, legally reduced by 1 hour. When reducing employment time, it is necessary to take into account the following features of the nature of work:

If the enterprise, by necessity, works continuously or the position of a specialist does not allow reducing the duration of employment, such stay is recognized as overtime and is subject to compensation in the form of an additional day off. Or the employee may be paid overtime (with the consent of the specialist).

If an employee works a 6-day shift, the duration of the day of employment on the eve of official holidays can be a maximum of 5 hours.

If the pre-holiday date falls not on a working day, but on a weekend (Sunday or Saturday), no reduction occurs on the previous date.

To understand what a short pre-holiday day is like, let us turn to the provisions of the statute. 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly normal operating time is 40 hours maximum. And if an employee works for special conditions, for example, a short-time worker (Article 92) or a part-time worker (Article 93), or is a part-time worker, this does not in any way limit his right to go home an hour earlier on the eve of the holidays.

What days are considered holidays?

Of course, not all holidays are recognized as official. For example, corporate parties, employee birthdays or professional dates cannot be considered holidays according to government regulations. The Labor Code defines the pre-holiday working day only in relation to those dates that precede those established in the statute. 112. In particular, in Russia the following days are considered non-working days:

Feast of Defenders of Our Fatherland - February 23.

All existing official holidays are marked in red on production calendars, and the day before the holiday is indicated especially with an asterisk *, so that personnel officers understand exactly when workers are entitled to relief. When conducting personnel records management on holidays and those preceding them, keep in mind that:

If an officially approved holiday coincides with a day off, you should move Saturday or Sunday to the next day of work immediately after the holiday. The exception is the New Year holidays and Christmas, for which the Russian government has provided a special transfer procedure.

If employees are not paid according to the salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the enterprise’s LNA, for example, in a collective agreement.

If an employee’s salary is paid according to the salary system, the employer does not have the right to reduce the total amount of remuneration if there are public holidays in the current period.

By decision of the federal authorities, some days off may be rescheduled in order to increase overall labor productivity.

For example, January 1, 2018 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2017 it falls on a day off, that is, Sunday. Since everyone doesn't work on Sunday, the next day before the holiday will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and cannot be reduced according to Labor Code standards.

How work is organized on pre-holiday days according to the labor code

By Labor Code of the Russian Federation pre-holiday working day is no different from all other days of employment, except for the reduced duration. It doesn’t matter what position a specialist works in, what subject of the Russian Federation he lives in, or how much experience he has, employers of all legal forms and fields of activity are required to comply with the requirements of labor legislation. These standards apply to both legal entities and individual entrepreneurs, provided that the latter hires employees under employment contracts.

Note! If the enterprise engages persons within the framework of civil legal relations, such citizens perform the scope of work in accordance with the norms of civil, and not labor legislation. Consequently, such individuals are not given a shortened pre-holiday day; they themselves decide how many hours to work.

As already mentioned, a short day before the holiday is provided to all employees, both those working at their main job and part-time workers, as well as those who work part-time or short-time. At the same time, an official reduction in the duration of employment cannot influence the procedure for settlements with personnel. That is, the employer does not have the right to reduce the salary for such a reduction in the total working time, because the person is not skipping work, but is using legal labor rights, established requirements Labor Code RF.

The nuances of paying for a short pre-holiday day:

With an hourly wage system, in this case the employee receives earnings based on the actual time worked. Therefore, a short hour will not be paid, and this is not considered a violation on the part of the employer.

According to the salary system of remuneration - a short day before a holiday is subject to calculation in full, without any reduction in the amount of earnings.

With a piece-rate wage system, as well as an hourly system, this technique involves calculating earnings based on the actual volume of work or products produced. This means that a reduction in working hours on a pre-holiday day does not affect the amount of remuneration paid to piece workers.

If you are employed on reduced terms or on a part-time basis, the salary for a short pre-holiday day is not subject to reduction.

Note! If the organization operates continuously and employees work as usual, that is, without shortening pre-holiday days, such time of employment is recognized as overtime and is subject to payment at a minimum of double the amount. The exact procedure for calculating compensation and the list of positions of persons who cannot be granted shortened days before holidays are approved by the manager in the internal document flow of the enterprise.

How work is done on a pre-holiday day

The pre-holiday working day provided under the Labor Code is noted in the timesheet according to special rules. But many personnel workers They don’t know about this and continue to put down the usual number 8 on such days. However, on such dates, employees work less than the allotted time of employment. For example, an employee on a 40-hour work week works only 7 hours on the day before a holiday. Consequently, if this fact is not indicated on the report card, inspectors from labor inspection may come to the conclusion that the person overworked and the employer violated legal requirements. How to avoid problems?

First of all, enter data in real time. If an employee is employed on an 8-hour day, for the pre-holiday day it is necessary to report attendance at 7 o’clock. If a person works a shortened 7-hour day - 6 hours. If you work part-time for only 4 hours every day, set it to 3 hours on the day before the holiday, etc. Thus, the letter designation for shortened dates before official holidays remains the same - “I”, and the number of hours is indicated with a decrease of 1 hour according to stat standards. 95 TK. Salaries are calculated taking into account the above nuances.

Should I draw up an order to reduce the working hours of the enterprise or not? In principle, since this requirement is regulated by labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.

Work on holidays - 2018

We figured out the rules for working on holidays. Since some holidays are sometimes postponed by the Government, before you start informing staff, check which dates are approved as holidays for the next year. The table below contains a list of holidays and pre-holiday dates for 2018 in accordance with Resolution No. 1250 of October 14, 2017.

List of official holidays and pre-holiday days

If we look at the provisions of this Resolution, it becomes clear that the following days (weekends) have been postponed in 2018:

From 01/06/18 (Saturday) to 03/09/18 (Friday).

From 01/07/18 (Sunday) to 05/02/18 (Wednesday).

From 04/28/18 (Saturday) to 04/30/18 (Monday).

From 06/09/18 (Saturday) to 06/11/18 (Monday).

From 12/29/18 (Saturday) to 12/31/18 (Monday).

If the employer does not give a short pre-holiday day

In some organizations, shortening the working day on the eve of an official holiday is the norm, since such institutions are obliged to ensure continuous work. What an employer should do in this case is described above, but this will not be a violation of the labor legislation of the Russian Federation.

What should the employees of those companies do, whose administration does not want to hear anything about people going on vacation an hour earlier, and also does not pay overtime for overtime? First of all, remember that such actions are a violation of the requirements of the Labor Code, and therefore entail administrative liability under the statute. 5.27 Code of Administrative Offences. Punishment under this article is provided in the form of a fine of 1000-5000 rubles. on official, 30,000-50,000 rub. to legal entities. Repeated offenses result in a fine of 10,000-20,000 rubles. per official, 50,000-70,000 rubles. to legal entities. Full list of sanctions in