Article 153 of the Labor Code of the Russian Federation 2015 the year has not undergone any changes. Normally, the procedure for calculating salaries to employees on weekends and holidays is determined. Consider further what rules sets Article 153 of the Labor Code of the Russian Federation 2016 of the Year.
153 article of the Labor Code of the Russian Federation establishes that work on holidays and a day off is paid not less than double the amount. The norm defines specific rules for certain categories of employees. In particular, the payment is made:
- Callers - no less than double rates.
- Employees whose professional activities are paid for hourly or daily allowances are at least second rate.
- Employees who receive a salary are not less than a single rate (hourly / daily) above the norm. This rule is valid if the professional activity was conducted on holidays and weekends within a month’s standard time limit. If the work was carried out above the norm, the calculation is carried out at double the rate above the salary.
Specific wages may be provided for in a collective agreement, a local act, which is approved taking into account the views of the trade union or an employment contract. Part 3 of Article 153 of the Labor Code of the Russian Federation establishes that at the request of an employee who carried out professional activities on a holiday or a weekend, he may be given another day’s rest. In this case, the salary is calculated in a single amount. Time off is not paid.
The 153 article of the Labor Code of the Russian Federation includes employees of the media, video and television crews, concert and theater institutions, circuses, cinematographic organizations, and other individuals involved in the performance / creation of works in a separate category. Payment for their work on holidays and weekends can be determined on the basis of a local act, labor or collective agreement.
Comments on article 153 of the Labor Code of the Russian Federation
The implementation of professional activities on holidays and weekends, the law refers to work in conditions that deviate from normal. In accordance with the general rule, this situation is not allowed. Attracting citizens to activities on holidays and weekends is carried out with their consent, drawn up in writing, if necessary, to perform unforeseen tasks, the urgent implementation of which later determines the normal functioning of the enterprise as a whole or its individual divisions. 153 article of the Labor Code of the Russian Federation, allowing employment of employees in excess of the time, establishes a number of guarantees for them.
As mentioned above, the engagement of persons in overtime activities is carried out with their consent. However, the law provides for cases when it is not required. In particular, it is allowed to attract citizens to activities on weekends or holidays for:
- Prevention or elimination of the consequences of a disaster, natural disaster, industrial accident.
- Preventing damage / destruction of property of the employer, municipal / state property, accidents.
- The performance of work, the implementation of which is caused by the introduction of a military or emergency situation, urgent measures in emergency situations, under other circumstances that threaten the health and life of the population or individual citizens.
In all other situations it is necessary to obtain their consent to attract workers. As compensation for the use of time restand 153 article of the Labor Code of the Russian Federation provides for increased pay.
On holidays / non-working days it is allowed to perform professional tasks, the suspension of which is impossible due to production and technical circumstances. In particular, this is typical for continuously functioning enterprises. In addition, work is allowed due to the need to provide services to the public associated with urgent repairs, loading and unloading. Involvement of women with dependents up to three years of age to occupational duties on weekends and holidays is allowed, provided that they are not contraindicated in accordance with the opinion issued by the medical institution in accordance with federal law or other regulatory documents. The specified persons should be familiarized with the signature with the right to refuse activity on rest days. Attraction of persons on weekends and holidays is carried out by order of the employer.
A labor or collective agreement may provide for a higher pay for professional activities as compared with the established art. 153. If the work was carried out on a holiday in part, then only those hours that were included in overtime hours are compensated. The legislation allows for the replacement of payment on the day of departure.
In this case, the employee will not receive an increased salary. In this case, the day off will not be paid.
In the course of the enterprise, various unforeseen circumstances may arise that may require overtime to attract workers. The employer must comply with the rules established by law. In particular, it is necessary to obtain the consent of citizens (written) to perform overtime work. In addition, employees must be compensated for unused hours / days of rest with cash payments. The law prescribes the calculation of salary for work on a weekend or a holiday in double size. Such a requirement is aimed at realizing the right of citizens to receive decent wages for their labor. Art. 153 is dispositive, providing for the possibility of an employee to refuse compensation, in exchange for a different day of rest. At the same time, a citizen must understand the consequences of his actions. Receiving a different day of rest, he is deprived of an increased payment for his professional activity, carried out on a weekend or holiday.