A shortened working day is a special form of employment in which an employee has the opportunity to work part-time, that is, a shorter amount of time than is assumed by labor legislation. In this case, the subject's salary will be calculated on the basis of the full salary, even if the schedule is reduced. Thus, the definition of a shortened working day is not provided for in the Labor Code of the Russian Federation. This concept is given in the International Labor Convention No. 175 of 06/24/1994. At the same time, the Russian Federation did not ratify this legal act. However, the provisions of the convention are considered by Russian employers as recommended for use.

Definition of a shortened working day

Different types of labor time are regulated by the following articles of the labor code:

• standard schedule, eight-hour shift - art. 91 of the Labor Code of the Russian Federation;
• reduced hours of work - Art. 92 of the Labor Code of the Russian Federation;
• - Art. 93 of the Labor Code of the Russian Federation;
• truncated work shift on pre-holiday days - art. 95 of the Labor Code of the Russian Federation;
• overtime hours - art. 97 of the Labor Code of the Russian Federation.

At the same time, it is important to understand the differences between part-time and reduced working hours, which are limited to certain categories of employees. Based on Art. 93 of the Labor Code of the Russian Federation, by agreement of both parties to the employment contract, the working day can be cut. The code also provides for several options for organizing work activities in a reduced time mode:

1. cutback working hours every day of the week.
2. Reducing the number of working days, while maintaining the same duration of the work shift.
3. Reducing the number of hours for the performance of official duties by a certain percentage (which one is determined by the employer), as well as reducing the number of working days per week.

Reduced amount of working time on the basis of Art. 92 of the Labor Code of the Russian Federation for certain groups of citizens is the norm.

Differences between shortened working hours and part-time shifts

For employees of the accounting department or the personnel department, there is a significant difference between the concepts. Thus, a reduced working day is such a frequency of work, in accordance with which the salary is fixed in full, but the number of working hours is reduced.

Lower the level wages with officially reduced working hours it is impossible, since such an action is illegal.

In the case of part-time work, pay is based on the standard work schedule, but pay is based on hours actually worked. So, in case of part-time work, the employee is not entitled to expect to receive a salary in full.

Categories of employees who are granted a reduced working day

Based on Art. 92 of the Labor Code of the Russian Federation, groups of persons for whom a shortened day is the norm, such as:

• working hours minor employees who are under 16 years old are reduced to 24 hours a week;
• for persons from 16 to 18 years old, a limit of 35 hours per week is set;
• disabled people of groups 1 and 2 have the right to work a maximum of 35 hours a week;
• employees performing their official duties in hazardous and/or dangerous conditions, work a maximum of 36 hours per week.

Harmful Conditions, according to the results of an expert assessment, should be rated at 3 or 4 degree.

Also, on the basis of Art. 93 of the Labor Code of the Russian Federation, temporarily incomplete work time the employer can provide such subordinates with:

• women who are expecting a baby;
• one of the parents (or guardian/curator) who takes care of a child under 14 years of age;
• a person who takes care of a disabled minor;
• a person caring for a seriously ill relative under a medical prescription.

Part-time work is fixed at specific deadline(determined by the employer by agreement with the subordinate), while the work schedule on a reduced schedule (based on Article 92 of the Labor Code of the Russian Federation) is permanent.

Shortened working hours for pregnant women

In fact, a part-time work day is issued for pregnant women, the regime of which will be canceled when the woman returns from the decree to the standard execution of her job duties. In addition, the pregnant employee will not be paid in full, as is the case for part-time work, but will be calculated based on hours actually worked, in accordance with the definition of part-time work.

However, in practice, such labor activity continues to be called “reduced”, which is not correct. Labor legislation protects expectant mothers on the basis of Art. 93 of the Labor Code of the Russian Federation (on part-time work shift).

The same applies to the reduced working hours for women with children under 14 years of age. This category of workers is entitled to an incomplete work schedule in accordance with Art. 93 of the Labor Code of the Russian Federation. Payment will be made based on actual hours worked.

Shortened day for minors, education and medicine workers

Considering the features of the conditions of the reduced labor activity, it is advisable to consider, in addition to Art. 92, art. 94 of the Labor Code of the Russian Federation. It determines the immediate duration of the work shift. Thus, the following provisions can be distinguished:

• for minor citizens from 15 to 16 years old - 5 hours a day;
• for persons from 16 to 18 years old - 7 hours;
• for subjects from 14 to 16 years old who are currently receiving education in technical schools or colleges, and combine it with work throughout the year - 2.5 hours;
• for persons combining study and work, from 16 to 18 years old - 4 hours.

In addition to citizens under the age of 18, special working conditions are expected for teachers and doctors.

Similar employment circumstances for persons associated with pedagogical activity, are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. So, for this category, a provision is fixed, on the basis of which the number of working hours per week should not exceed 36. When determining the specific number of hours, the specialty and position of the subject are taken into account. In particular, a shortened week is expected for:

1. Teachers and professors of universities and institutions involved in providing the population with additional education.
2. Senior kindergarten teachers educational organizations, orphanages, as well as institutions involved in additional education of the younger population.
3. Social educators and psychologists educational institutions, counselors of children's camps.
4. Methodists and tutors (scientific supervisors or mentors).
5. Managers of institutions involved in the physical education of the child population.
6. Teachers providing pre-conscription training.

For persons involved in the implementation medical activities, the duration of the working day is determined in the PP No. 101 of 14.02.2003. The frequency of one work shift depends on the group of the employee. The resolution provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on the place of work and position.

Shortened day for workers working in hazardous conditions

Based on the Federal Law No. 426 of December 28, 2013. working conditions are recognized as harmful based on an expert assessment of the factors of the working environment. In particular, the influence of such factors on the labor force is investigated.

Based on Art. 14 of the Federal Law No. 426, the working conditions are divided into 4 classes. Thus, those conditions are recognized as acceptable in which production factors do not have or have little effect on the health of personnel. Harmful conditions imply a significant impact on the health of subjects, which can later develop into a chronic disease.

Thus, a shortened day for such employees is provided for in the amount of 36 working hours per week.

The procedure for issuing a shortened working day

Reduced working time implies a shorter period than required by law for the performance of labor duties. The main difference from part-time work is that a reduced shift is the norm for these groups of workers. It is understood that the presence of an abbreviated labor day established during the process labor agreement and is drawn up in a special paragraph. The basis for this is that the subject has the necessary category and Art. 92 of the Labor Code of the Russian Federation.

It is also necessary to indicate for which of the reasons listed in the article the reduced working time is provided. For example, the age of an employee (up to 18 years) can be noted or the harmfulness of working conditions can be determined.

In addition to the employment contract directly with the employee, it is recommended to include an appropriate provision on the stipulated reduced day for some positions (relevant to a particular enterprise) in the collective agreement.

Upon agreement with the employer, the reduced working week is fixed in the contract. Next, an appropriate order for admission to the position is drawn up. It reflects:

• Company name;
• date of issue of the document;
• passport details of the employee, as well as his position and the department in which he will perform his duties;
• grounds for reduced working hours;
• the frequency of weekends and breaks, as well as the duration of one working day;
• the procedure for calculating and paying wages;
• the presence or absence of a probationary period;
• data on the employment contract between the employer and the subordinate;
• signatures of the parties;
• a note about the acquaintance of the employee with the order, his personal signature proving this.

The procedure for payments for the performance of labor duties on shortened working days

Groups of entities for which such a schedule is standard are entitled to claim the full amount of wages despite the lower number of hours worked provided for by the general schedule.

A separate category is employees who are under 18 years of age. When calculating the salary for the specified group of persons, the reduced time is taken into account. That is, the final payments to a minor subject will be made in proportion to the worked schedule, regardless of age. However, the employer has the right to supplement payments to minor employees using the company's personal funds for this.

Also a nuance of this issue is the wages of disabled people. Based on Art. 23 Federal Law No. 181 "On social protection Disabled Persons in the Russian Federation” dated November 24, 1995, for citizens with increased needs of groups 1 and 2, a restriction is established - the number of hours devoted to work should be no more than 35 per week. Salary is kept in full. However, if an employee with a specified disability actually works less than 35 hours per week, his wages will be calculated based on hours worked.

Thus, a shortened working day under the Labor Code of the Russian Federation can be provided to certain groups of employees. In addition, wages are retained in full, in contrast to part-time work. In order to avoid making mistakes, the employer needs to clearly distinguish between the understanding of these two phenomena, and also be informed about legislative framework, which details specific categories of workers eligible for a reduced shift.

Many employers do not even know what a shortened pre-holiday working day is. Meanwhile, this norm is regulated at the federal level in labor legislation and is mandatory for all enterprises without exception. How much the pre-holiday working day is reduced and in what order - our article tells about all the nuances.

What does the reduction of working hours on the eve of the holiday mean?

The shortened pre-holiday day immediately precedes the onset of a public holiday. Under this privilege stat. 95 the duration of work on the eve of official rest decreases, but the salary does not decrease. The benefit applies to all categories of specialists, namely:

Employees assigned to a 5-day week.

Workers employed 6 days a week.

Specialists registered on the basis of part-time work or reduced.

Employees included in the state as part-time employees - internal or external.

It is impossible to reduce the time of work in organizations that conduct continuous activities for justified reasons. Employees of such institutions are not entitled to a shortened pre-holiday day, but processing is compensated by one of possible ways at the choice of the individual. In accordance with part 3 stat. 95 additional days off may be used or monetary compensation is paid, the amount of which is calculated according to the rules for calculating overtime payments. That is, a minimum of double or one and a half size, depending on which day the employee works ( stat. 152 , 153 TK).

By how many hours is the pre-holiday day shortened

IN part 1 stat. 95 it is determined that the reduction of the working day on pre-holiday days is carried out by 1 hour. This rule applies to all employers and employees. Even if a person performs his duties not all day, but part-time (0.5, 0.25 or 0.75), he is entitled to a reduction in the number of hours of employment on the eve of the holidays. For example, a specialist is registered for 0.5 rates as an external part-time job. In 2017, February 23 is a public holiday, and February 22 is a shortened day. The part-time worker works 5 hours twice a week in compliance with the norms for stat. 284 TK. In the report card for February 22, 2017, the personnel officer will put down for such an employee not 5 hours, but 4.

If, according to the terms of employment, the employee will perform duties, for example, an hour a day, “0” should be put in the column with the number of working hours on a shortened pre-holiday day. This will not be a violation and will confirm that the employer has reduced the working hours on the eve of the holiday in accordance with the requirements of labor legislation. Additionally, you will need to draw up a series personnel documents. We figured out how much shorter is the pre-holiday working day, then we will find out in what situations this rule does not apply.

When the pre-holiday day is reduced, and when not

General hours of work on holidays reduced by the employer for 1 hour. But if such a day falls on one of the weekends, the work schedule remains unchanged, that is, it cannot be reduced. To understand which days of the year are considered holidays and which are pre-holiday, you need to familiarize yourself with the production calendar. This is a special assistant to personnel officers and accountants, which contains data on public holidays, working hours and the number of days off / working days by month, quarter and year.

This calendar clearly shows how much shorter is the pre-holiday day- Dates are marked with asterisks. Additionally, information is displayed on the postponed days off in order to increase the total duration of the rest (based on the Decrees of the Government of the Russian Federation). But if any of the days off is transferred and becomes a working day, the busy time on that day is determined by the working day schedule ( stat. 95 TK). For example, in 2018, April 28, that is, Saturday, was moved to April 30, that is, Monday, in order to lengthen May Day (Resolution No. 1250 of 10/14/17). At the same time, Saturday becomes a pre-holiday working day, reduced by 1 hour.

Working hours on holidays - 2018

The list of official Russian holidays is regulated stat. 112 TK. All public holidays are listed here. The work schedule for 2018 was developed taking into account the provisions of Government Decree No. 1250 dated 10/14/17, which takes into account the postponement of certain days off. The table shows holidays and pre-holiday days for 2018 for a 5-day week.

The transfer in 2018 is provided for the following days:

From 01/06/18 to 03/09/18 - from Saturday to Friday.

From 01/07/18 to 05/02/18 - from Sunday to Wednesday.

From 04/28/18 to 04/30/18 - from Saturday to Monday.

From 06/09/18 to 06/11/18 - from Saturday to Monday.

From 12/29/18 to 12/31/18 - from Saturday to Monday.

Note! According to part 4 stat. 95 TK with a 6-day week, the duration of the working shift on the pre-holiday date can be a maximum of 5 hours.

How a short pre-holiday day is drawn up according to the Labor Code of the Russian Federation

By part 4 stat. 91 each employer must organize reliable accounting of the time actually worked by the staff. For this, a time sheet is used in the unified form T-12 or T-13 (Resolution No. 1 of 01/05/04), or it is allowed to draw up your own form, provided that all the required details are indicated in it. The days of appearance in the organization are marked with the code "I" or "01", and the number of hours worked on pre-holiday days according to the Labor Code of the Russian Federation is subject to a decrease by an hour.

To issue an order or not? Since according to the Labor Code, pre-holiday days are regulated on a general basis, it is possible not to fill out such a document. If the employer decides to issue an order, this will definitely not be superfluous, as well as drawing up an announcement about the company's work schedule. How to do this, tell our separate articles. With a continuous mode of operation of the enterprise, a list of those employees who will have to work without reductions in the duration of the work shift (day) should also be approved.

In cases where the employer does not comply with the current requirements of labor legislation, this is regarded as a violation. Responsibility for such actions is provided for in the Code of Administrative Offenses in the form of penalties. To avoid labor conflicts with the staff, it is recommended to respect the rights of employees and the rules of relations with them.

Conclusion - we have considered how the working day is reduced on pre-holiday days in accordance with the requirements of Russian labor legislation. Reduction of working hours is not made on weekends, except in cases of official transfer of Saturday or Sunday to working days.

The shortened pre-holiday day according to the Labor Code of the Russian Federation is the day immediately preceding a non-working holiday. As a general rule, the length of the working day or shift on the pre-holiday day is labor law decreases by one hour (Article 95 of the Labor Code of the Russian Federation). And if the holiday is preceded by a day off - according to the calendar or work schedule, then the duration of the last working day before the day off is not reduced.

For example, the pre-holiday day of December 31, 2016 falls on a Saturday. This is a public holiday in an organization with a five-day work week. In this regard, on the previous working day - December 30 - the duration of the working day, as well as on other days, will be 8 hours.

Note that professional holidays such as the day of a lawyer, the day of trade workers, the day of a geologist, etc., are not official holidays and non-working holidays. Therefore, the duration of the working days preceding them is not reduced.

Pre-holiday day in continuously operating organizations

Not every employer can provide their employees with a shortened pre-holiday working day. We are talking about continuously operating organizations, for example, medical institutions, transport companies etc. Employees of such organizations, as compensation for processing on the pre-holiday day, are entitled to additional rest time or payment according to the norms established for overtime(Article 95 of the Labor Code of the Russian Federation).

Specific positions where there cannot be a shortened pre-holiday working day according to the labor code, as well as the compensation procedure are provided for in the collective agreement or labor contracts with employees.

As a general rule, on the pre-holiday working day, the duration of work is reduced by one hour. Practice shows that employers quite often make mistakes when calculating pay for this day. In some cases, they underpay, which "results" in the need to subsequently pay workers and "salary" compensation. In other cases, on the contrary, they overpay. So what should be taken into account when calculating wages for work on a pre-holiday day?

Non-working holidays in the Russian Federation according to Article 112 of the Labor Code 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 - Day of Russia;
- November 4 - National Unity Day.
The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour in accordance with Article 95 of the Labor Code.

Payment for "reduced" labor

In 2017, the holidays are immediately preceded by February 22, March 7 and November 3. As a general rule, the duration of work on these days should be reduced. The question is how then to pay for them.
Partly the answer to it is given by article 112 of the Labor Code. It states that the presence of calendar month non-working holidays is not a basis for reducing wages for employees receiving a salary ( official salary). In other words, if the employee is on a salary, then, provided that on the eve of the holiday he will work an hour less, he should receive the salary for this month in full.
Note that this procedure does not depend on whether the employee has a five-day work week or he works six days a week. The main thing is the type of remuneration established by the employee in the employment contract. So, if he is on a salary or he has a day tariff rate, then the pre-holiday day is paid in full. In a situation where an hourly tariff rate is set for an employee, the "reduced" hour does not need to be paid. The same applies to cases where the employee is paid piecework - in this case, you pay for the amount of work done.

Example 1. According to employment contracts manager I.I. Ivanov was given a salary of 30,000 rubles, the salary of a storekeeper P.P.

Shortened pre-holiday day with part-time work

Petrov is made based on the daily rate of 1,500 rubles, and the courier S.S. Sidorov installed hourly payment labor - 100 rubles per hour.
Suppose that the company has a five-day 40-hour work week and in March 2017 none of the named employees was sick, did not take vacation, etc. That is, all employees worked March completely. In March, there is a public holiday (March 8), that is, on March 7, the working day is reduced by an hour. The number of working days in March is 22, working hours are 175 hours.
Thus, for March 2017 I.I. Ivanov will receive a salary of 30,000 rubles. (30,000 rubles: 22 working days x 22 working days).
P.P. Petrov will receive 33,000 rubles in March 2017. (1,500 rubles x 22 working days).
S.S. Sidorov for March 2017 should be credited 17,500 rubles. (100 rubles x 175 hours).

Is it necessary to reduce the pre-holiday working day by an hour and pay it to employees who already work on a part-time basis, or do they have a reduced working day? Let's figure it out.
The employee works part-time. A part-time working day (shift) or a part-time working week, by agreement between the employee and the employer, can be established both at the time of employment and subsequently. Moreover, in some cases, the employer is obliged to register an employee at his request for a part-time job. Thus, such a request cannot be refused by a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), as well as an employee who is forced to care for a sick family member in accordance with with a medical report (Article 93 of the Labor Code). Also, an employee who “combines” parental leave and work can also be registered for a part-time job.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. At the same time, as stated in Article 93 of the Labor Code, part-time work does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Thus, if an employee is employed part-time, then the pre-holiday working day should be reduced for him. And the procedure for its payment, as in the general case, depends on the type of remuneration, assigned to the employee in an employment contract.

An employee has a reduced working time

Recall that the reduced working hours are established for the following categories of workers:
- under the age of 16 years. Their working week cannot exceed 24 hours;
- at the age of 16 to 18 years. This category of employees can work no more than 35 hours a week;
— invalids of I or II group. The length of working time for them should also not exceed 35 hours per week;
- employees employed in harmful or dangerous working conditions of the 3rd or 4th degree of "danger". They must work no more than 36 hours per week.
The length of working time is also being reduced for women who work in "northern" organizations, as well as for medical and pedagogical workers.
In any case, reduced working hours for these categories of employees is the norm, which in general does not entail a reduction in wages. The only exception to this rule are, perhaps, underage workers. According to article 271 of the Labor Code, when time payment labor wages for workers under the age of 18 are paid taking into account the reduced hours of work. And the work of minors under the age of 18, admitted to piece work, is paid according to the established piece rates.
Thus, when remunerating work for the holiday day, employees who have a reduced working time should be guided by general rules. With time-based pay, this day is paid as fully worked out, and with piece-work, only the amount of work done is paid.

Part-timers external and internal

Guarantees and compensations for persons working part-time are defined by Article 287 of the Labor Code. In accordance with this norm, guarantees and compensations to persons who combine work with education, as well as to persons working in the Far North and equivalent areas, are provided to employees only at their main place of work. Other guarantees, including those provided for in the Labor Code, are provided to part-time workers in full, that is, both at the main place of work and part-time. And this means that a part-time worker on the eve of the holiday should work one hour less. Accordingly, this day is also paid according to general rules- depending on whether time, hourly or piecework wages are prescribed for the employee in the employment contract.

If it is not possible to shorten the working day...

At the same time, it is far from always possible for an employer to reduce the pre-holiday day by one hour for all employees - someone has to be left on duty. In such situations, we are talking about attracting employees to work overtime. According to article 152 of the Labor Code, this is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the size. Specific amounts of remuneration for overtime work may be determined by a collective agreement, a local regulatory act or an employment contract.

Example 2. The duration of the work shift S.S. Stepanov - 10 hours. Hourly wage - 140 rubles / hour.
Stepanov's shift fell on March 7, 2017. However, due to the continuous technological process, locksmith S.S. Stepanov's pre-holiday day on March 7 was not reduced by one hour - he worked all 10 hours.
For 9 hours of work, Stepanov needs to pay 1,260 rubles. (140 rubles x 9 hours). For 1 hour of overtime work - 210 rubles. (140 rubles x 1.5 hours). Thus, for the work on March 7, 2017, Stepanov will be credited 1,470 rubles. (1,260 rubles + 210 rubles).

Issues of working hours on holidays are regulated by Art. 95 of the Labor Code of the Russian Federation, the main provision of which sounds very simple: “The length of the working day or shift immediately preceding a non-working holiday, reduced by one hour».

There can be no double interpretations here, everything is very clear. This provision applies to all employees, without exception, including those working part-time, part-time or on an already reduced time (for example, disabled people or teenagers under the age of 18).

Article 95 of the Labor Code also contains a clarification regarding continuous production, where work is performed constantly, including on holidays. In such cases, this hour treated as recycling and is compensated accordingly by the provision at another time or, with the consent of the employee, by an additional payment, like overtime.

Based on the above provisions, the issue is also resolved in various specific cases, for example, on a shift, where the summarized accounting of working hours is applied. If production is not continuous, then the working shift on the pre-holiday day must be reduced by one hour. Otherwise, the shift on pre-holiday days continues as usual, and the prescribed hour of rest is added to the rest between shifts, or is additionally paid.

Holiday pay according to the Labor Code

As for sick leave, vacation pay, etc., the shortened hour in question does not affect them at all, since, for example, sick leave is calculated based on earnings for the previous two years, divided by 730, and does not take into account any specific days. The situation is similar with the calculation of vacation pay.

Time tracking and timesheet

Certain difficulties arise in the timesheet of employees working part-time part-time, for which, according to Art. 285 of the Labor Code, payment should be made in proportion to the hours worked. Usually, in such a situation, it is assumed that the shortened pre-holiday day is still considered a working day, and wages for this day must be full. Therefore, despite the working day reduced by one hour, it is recommended to set the usual hourly rate for this employee in the time sheet (Zarplata magazine, No. 5 for 2008).

Work on holiday days according to the Labor Code

Who doesn't love holidays? Everyone loves. If only because the majority of Russians do not work on officially established holidays. And work on the eve of the holiday according to the Labor Code of the Russian Federation. If the pre-holiday day falls on a day off, then the duration of the working day preceding it does not decrease (Article 95 of the Labor Code of the Russian Federation).

All non-working holidays are specific calendar dates established by the Labor Code of the Russian Federation (Article 112 of the Labor Code of the Russian Federation). Professional, corporate holidays, etc. are not official holidays and cannot be non-working days in accordance with labor legislation.

Work on holiday

There are no exceptions to the rule on the length of the pre-holiday working day in the Labor Code. This means that according to the Labor Code, pre-holiday work should be reduced by an hour not only for those employees who work 40 hours a week, which forms the normal working hours (Article 91 of the Labor Code of the Russian Federation), but also for persons who spend less time to work. Including those who have:

• reduced working hours

Labor legislation establishes certain privileges for working citizens. One of them is reduction holiday day. There is no law on the pre-holiday day an hour shorter. This privilege is regulated by the Labor Code, Article ninety-fifth.

The Labor Code clearly states that the duration of work on all days immediately before holidays must be reduced by one hour. In some organizations in which it is not possible to reduce the working day, processing is compensated with additional rest or monetary compensation.

In organizations where a six-day work week is established, the duration of work on a pre-holiday day should be no more than five hours.

Why an hour shorter?

Some citizens are wondering why the pre-holiday day is an hour shorter? The government introduced this privilege so that working citizens can best plan and spend weekends and holidays.

The employer extends the shortened day - what to do?

In some cases, the employer cannot shorten the pre-holiday day for his employees. This may be due to the continuous cycle of production or the type of activity of the company. In order to find out how compensation for overtime is processed on holiday days, you need to refer to the provisions of the Labor Code on the holiday day one hour shorter:

1. Work without shortening the pre-holiday day will be overtime work. In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. Also, there is an option with monetary compensation. However, this option can only be used with the written consent of the employee.
2. A working citizen can take advantage of additional rest for processing on a pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main vacation.
3. The employer has the full right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation should be reflected in the internal acts of the company.
4. The Labor Code does not establish any restrictions on the periods when extra work can be provided. rest. In this regard, each organization must independently establish these periods in internal regulatory papers.
5. If directors of companies do not provide their employees with any compensation for not reducing the pre-holiday day by 1 hour, the director may receive administrative liability. It is even possible to suspend the activities of the entire organization.
6. Compensation is made with the consent of the employee, but not at his will. He cannot independently choose what compensation to receive - in the form of additional. rest or in the form of payment. The employer takes the initiative, and the employee decides whether to agree with him or not.
7. A working citizen needs to know that with monetary compensation, overtime is paid at one and a half times.
8. If the employee agreed to receive monetary compensation, this fact will need to be documented in writing. It is necessary that the employee draw up a written application addressed to the management of the organization.

Questions about working time regimes are defined in the Labor Code. The working regime on the pre-holiday day is established in Article 95. In accordance with it, the duration of the working day on such a day must be reduced by one hour.

According to the legislation, a shortened pre-holiday day is recognized:

1. That working day that goes before the public holidays of Russia.
2. It should be understood that only those holidays that are prescribed in the Labor Code, in Article 112 are recognized as public holidays. Such holidays are:

• From the first to the fifth of January - the celebration of the New Year;
• January 7th - Christmas;
• February 23 - Defender of the Fatherland Day;
• March 8 - International Women's Day;
• The first of May is Labor Day;
• May 9 - Victory Day;
• June 12 - Independence Day of Russia;
• The fourth of November is National Unity Day.

Rules for reducing pre-holiday days

Work on the eve of the holiday according to the Labor Code is reduced in accordance with the following rules:

1. The pre-holiday working day to be reduced must go right before the public holiday. If the holiday fell on a Monday, then Friday is not recognized as a pre-holiday day, and, therefore, will not be shortened.
2. The work shift on the pre-holiday working day is reduced for absolutely all employees: for those who work on a five-day or six-day working week; for those who work part-time, and for those who work incomplete week or part time.
3. If before a holiday, working and non-working days are replaced (for example, any day of the working week and Saturday are replaced), then the working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself. If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.

An alternative to reducing the length of the work shift

There are the following nuances of reducing pre-holiday days:

1. Not in all organizations, employers have the opportunity to shorten the duration of the pre-holiday working day for their employees. Labor Code, in this regard, provides that the working day may not be reduced. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order to be able not to shorten the working day, the directors of such companies must correctly draw up all the necessary papers.
2. There are cases when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position held by the employee and the obligations he performs. All directors of companies must draw up a list of positions in which the duration of the pre-holiday working day is not reduced, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
3. All employers who have not reduced the length of the pre-holiday day are required to compensate for this. Compensation is carried out in the form of a cash payment for the processed time or in the form of the provision of additional. rest on other days.

It is not uncommon when an accountant, paying this or that amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Does it count for tax purposes?

Pre-holiday one hour shorter

Everyone knows that the pre-holiday day is an hour shorter. Legislators fixed this rule directly in the Labor Code of the Russian Federation (Article 95 of the Labor Code of the Russian Federation). It also applies to those employees who have a normal working time of no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation), and those who have reduced or part-time working hours. After all, the Labor Code of the Russian Federation does not provide for any exceptions for such categories of workers.

The norm of working hours in the week on which the pre-holiday day fell must be adjusted (due to the reduction of the pre-holiday day by 1 hour). And regardless of whether the organization works on a five-day or six-day working week.

Since the norm of working time is determined taking into account the fact that the pre-holiday day is one hour shorter (p.

Wages on the eve of the holiday: general rules and exceptions (Frolov A.)

1 Order, approved. Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 N 588n), this does not lead to a decrease in wages for salaries.

If the holiday is established by the law of the subject of the Russian Federation

In turn, an organization conducting activities in this region is obliged to comply with the requirements contained in the regulatory legal acts of the constituent entity of the Russian Federation. And if a non-working day was established in the region in connection with a religious holiday, then the employer does not have the right to force his employees to work on this day. He can involve workers in work under such circumstances only in exceptional cases (

Shortened working day according to the Labor Code of the Russian Federation

Pre-holiday payment

The Labor Code (hereinafter referred to as the Labor Code of the Russian Federation) states that on the eve of public holidays, the duration of the working day is reduced by one hour. This is called a shortened work day. The Labor Code of the Russian Federation establishes the entire list of public holidays. This list is established for the entire territory of the Russian Federation.

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But besides TK others regulations may also include other holidays and non-working days. For example, the Federal Law “On freedom of conscience and religious organizations: provides that government bodies have the opportunity to announce the days religious holidays non-working. Such a decision can only be made for certain regions or territories at the request of a specific religious organization. From the above, it follows that the subjects of the Russian Federation can establish their own holidays and non-working days.

When is the transfer of the holiday. Features of the mode of work in continuous work

Legislation makes it possible to carry out the transfer of the day off. In particular, in accordance with the norms of the Labor Code, if the holiday date coincides with the day off, then the day off is transferred to the next business day. In this case, the length of the working day is equal to the length of the working day on which the transfer was made. When making a weekend transfer, an appropriate decision of the Government is required.

The pre-holiday working day is reduced regardless of the duration of daily or weekly work. But there are some exceptions, such as continuous production. In particular, in continuously operating companies, in which reduction of working hours is not allowed, the length of the working day cannot be reduced.

This approach is explained by the fact that continuous production is a series of technological processes, which cannot be stopped without causing significant damage to the production process. This approach is justified by the nature of technologies.

Continuity examples production process mainly found in industry (workshops, lime kilns, etc.). This category also includes institutions such as hospitals and public transport.

Given the peculiarities of continuous production, as well as the importance of some institutions, the length of the working day on the eve of holidays in such institutions is not reduced. If for some reason it is impossible to suspend the work process on non-working days, then the duration of the working day on the eve of the holiday is also not reduced.

Rules for reducing working hours

The Labor Code of the Russian Federation provides general rules reduction of working hours. At the same time, it should be noted that this rule applies to all employees, even those who work on reduced working hours. For example, the legislation establishes reduced working hours for persons under the age of majority, citizens who work in dangerous conditions, disabled people, etc.

This rule also applies to employees who work part-time and to persons who work part-time. The above categories of employees are also subject to the rules for postponing days off.

But the law states that the length of the working day cannot be reduced in cases where non-working day preceded by a day of weekly rest (mostly Saturday and Sunday). In other words, working hours are not reduced in cases where a non-working day is preceded by a weekend. Indeed, in this case, there is no working day before the holiday.

The procedure for calculating wages

The amount of wages in such cases largely depends on the category of workers and the type of wages they receive. For example, the calculation of the salary of a "pieceworker" is carried out on the basis of the amount of work performed by him. Half day workers salary receive their money based on a fixed daily rate.

If an employee receives his salary according to the hourly calculation scheme, then in this case his salary will be calculated based on the period of time worked by him. In such cases, only the time when the employee actually fulfilled his work obligations is paid. If the salary of employees is fixed, they receive it in full. After all, reducing working hours is legal.

If employees work in institutions that have to work continuously, then in this case they receive compensation for additional hours worked. In such cases, the employee may receive additional rest time or receive an additional amount of money. In case of monetary compensation, its amount is calculated based on the standards provided for payment for overtime work.