Official holidays and weekends in Russia.

Introduction………………………………………………………………………………..…….2

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation………...3

1.1. Peculiarities legal regulation weekends and non-working holidays……………………………………………...3

1.2. Cases of involving employees to work on weekends and (or) non-working holidays……………………………….……...11

1.3. Rules for attracting and registering employment on weekends and (or) non-working holidays………………………17

1.4. Payment for work on weekends and (or) holidays…………….20

Conclusion………………………………………………………………………………….24

List of normative legal acts and literature…………………………...26

Introduction

According to Article 37 of the Constitution of the Russian Federation - “everyone has the right to rest” - and along with securing the basic forms of rest (weekends and holidays, paid annual leave), it guarantees a worker working under an employment contract the established federal law duration of working hours.

Rest time is the time during which the employee is free from work labor responsibilities and which he can use at his own discretion. But Article 113 of the Labor Code of the Russian Federation provides for cases when the employer has the right to involve employees in work on weekends and non-working holidays. These cases are the object of my course work.

The purpose of writing a course work is to conduct a comprehensive study of the issues of legal regulation of rest time under Russian legislation.

Achieving this goal is facilitated by solving the following tasks:

Determination of general theoretical provisions for weekends and non-working holidays in accordance with the Labor Code of the Russian Federation;

Analysis of the procedure for remuneration on weekends and non-working holidays;

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation.

1.1. Peculiarities of legal regulation of weekends and non-working holidays.

Weekends are a type of rest time. Their distinctive feature is that they are provided to employees for continuous rest between working days.

The concept of “rest” in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time. International organization Labor (ILO) already in the early years of its existence drew the attention of employers to the well-directed use of leisure time by providing workers with the opportunity to pursue more varied interests and by providing respite from the stress placed on them daily work, can increase productivity and output, and thus can help you get the most out of your workday.

IN Russian legislation The regulator of working hours during the week is Article 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest to all employees.

The length of the working week is provided for by the working hours regime and is established by a collective agreement or internal rules labor regulations organizations in accordance with the Labor Code of the Russian Federation.

Part two of Article 111 of the Labor Code of the Russian Federation proclaims Sunday as a general day off. Moreover, the second day off in a 5-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, however, other options are possible, since part two of Article 111 of the Labor Code of the Russian Federation stipulates that both days off, “as a rule,” ", are provided on a contract basis.

In accordance with the generally accepted ILO principle of providing workers with continuous free time “as far as possible,” employers are given the right to choose in establishing days off, taking into account the requirements of different sectors of the economy, local customs and the differing abilities and skills of different groups of workers. This principle was reproduced in part three of Article 111 of the Labor Code of the Russian Federation, which established the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week in turn to each group of workers in accordance with the rules of internal labor organization routine.

According to Article 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours. The legislative fixation of the lower limit of this period of time reflects the seriousness of the state’s attitude to a complex of various aspects of the physical, mental and social well-being of workers. After all, a lack of free time can ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activities of the state. In addition, the very size of the minimum period of continuous free time reflects not only the social aspect labor activity, but also the level of economic development of society - in developed countries it is larger, and in developing countries it is smaller.

The beginning of the period specified in Article 110 of the Labor Code of the Russian Federation is calculated from the moment the employee finishes work on the last day of the calendar or work week (when working on a shift schedule), and the end, respectively, from the moment he goes to work on the first day of the new calendar or work week.

By the way, precisely for the purpose of complying with the established standard time for weekly rest, part three of Article 95 of the Code sets a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Public Holidays”; in others, holidays are introduced and abolished by separate acts (for each specific day), in thirdly, holidays are established by general normative legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by Article 112 of the Labor Code of the Russian Federation. After amendments were made to it by Federal Law No. 201-FZ of December 29, 2004, non-working holidays in the Russian Federation are:

Without going into an analysis of the legality of these holidays from the point of view of the correspondence of the above articles of the Constitution of the Russian Federation and Articles 5, 6 and 112 of the Labor Code of the Russian Federation, we note that Article 112 of our main Code does not exhaust non-working holidays.

According to part two of Article 112 of the Labor Code of the Russian Federation, if a non-working holiday falls on a day off, then the day off is transferred to the next working day after the holiday.

Here it is necessary to note that for holiday non-working days, which are established by the legislation of the constituent entities of the Russian Federation, the legislative acts introducing these holidays provide for a similar transfer procedure: if a day off and holidays coincide, the day off is transferred to the next working day after the holiday.

The clarification, in particular, provides that the transfer of days off that coincide with holidays is carried out in organizations that apply different work and rest regimes, in which work is not carried out on holidays. This applies equally to work modes with both permanent fixed days off by day of the week and sliding days of rest.

Work and rest regimes that provide for work on holidays (for example, in continuously operating organizations or related to daily services to the population, round-the-clock duty, etc.), the specified provision on the transfer of days off do not apply.

In addition to the automatic transfer of days off, part five of Article 112 of the Labor Code of the Russian Federation provides that, for the purpose of rational use For employees on weekends and non-working holidays, the Government of the Russian Federation has the right to transfer days off to other days. A draft resolution on such a transfer is being prepared by the Russian Ministry of Health and Social Development. The Government of the Russian Federation reviews it and either accepts the proposals of the Ministry and issues a resolution, or edits them.

Non-working holidays in Russian Federation are:

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

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

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

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

Commentary on Article 112 of the Labor Code of the Russian Federation

1. At the request of religious organizations, the relevant authorities state power The Russian Federation has the right to declare religious holidays as non-working (holiday) days in the relevant territories (Clause 7, Article 4 of the Federal Law of September 26, 1997 N 125-FZ “On Freedom of Conscience and Religious Associations”).

2. On non-working holidays, employees are released from work. On these days, only continuous work is allowed. existing organizations, to perform urgent repair and loading and unloading work, as well as work related to the need to serve the population. Moreover, they are involved in performing such work without the consent of the elected body of the primary trade union organization.

For other cases of being hired to work on non-working holidays, see Art. 113 TC and commentary to it.

3. In continuously operating organizations, as well as in the case of cumulative accounting of working time, work on non-working holidays is included in the monthly standard of working time.

4. Some constituent entities of the Russian Federation have established additional holidays. Thus, in the Republic of Bashkortostan, the holiday is October 11 - Republic Day, December 24 - Constitution Day of the Republic of Bashkortostan.

5. Work on a non-working holiday is paid at least double the amount. At the request of an employee who worked on a non-working holiday, he may be given another day of rest.

6. If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

7. According to Art. 268 of the Labor Code prohibits hiring workers under 18 years of age to work on weekends and non-working holidays; an exception is established only for creative workers (for example, theater workers, etc.).

8. In accordance with Art. 290 of the Labor Code, employees who have entered into an employment contract for a period of up to 2 months can, within this period, be involved with their consent to work on weekends and non-working holidays. They are compensated for this work not by time off, but in cash at least double the amount.

9. The employer is obliged to pay employees, with the exception of those receiving a salary (official salary), for non-working holidays on which they were not involved in work, additional remuneration. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. The costs of paying such remuneration are included in the full amount of labor costs.

10. The employer does not have the right to reduce the wages of employees receiving a salary (official salary) due to the presence of non-working holidays in a calendar month.

11. Non-working holidays, professional holidays and memorable dates are listed below.

ST 112 Labor Code of the Russian Federation:

Non-working holidays in the Russian Federation are:

• 1, 2, 3, 4, 5, 6 And January 8- New Year holidays;
• 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.

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

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

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

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

Commentary on Article 112 of the Labor Code of the Russian Federation:

The commented article establishes a list of non-working holidays that applies to the entire territory of the Russian Federation.

Subjects of the Russian Federation may establish other non-working holidays on their territory, taking into account the national and cultural characteristics of the region. One of these holidays is January 7 - Christmas. Its establishment as a holiday throughout the country may be perceived by some as an infringement on the religious feelings of believers of other faiths, therefore the republics that are part of the Russian Federation may declare religious holidays of other faiths a non-working day. This is fully consistent with Art. 28 of the Constitution of the Russian Federation, which guarantees every citizen freedom of religion.

In addition to generally established non-working holidays, there are professional holidays (Metallurgist's Day, Teacher's Day, Builder's Day, etc.), which are timed to coincide with weekends according to the calendar. If such holidays fall on working days, then release from work in practice is carried out on the basis of a collective agreement or an order (instruction) of the enterprise administration.

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday. On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations or work due to the need to serve the population, as well as in connection with urgent repair and loading and unloading work).

For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation has the right to transfer weekends to other days.

In cases where a day off is transferred to a working day, the duration of work on this day must correspond to the duration of the working day to which the day off is transferred (see the Procedure for calculating the norm for certain calendar periods (month, quarter, year) depending on the established duration working hours per week, approved by Order of the Ministry of Health and Social Development of Russia N 588n<1>).

Part 3 of the commented article corresponds to the International Covenant on Economic, Social and Cultural Rights<1>, by which states parties to the Covenant recognize the right of everyone to just favorable conditions of work. These conditions include rest, leisure, reasonable limitations on working hours and periodic paid leave, as well as remuneration for work on public holidays (Article 7(d) of the Covenant). Remuneration for work on public holidays is also provided for in the European Social Charter (revised), adopted in Strasbourg. According to the Charter, states that are members of the Council of Europe and signatories to the Charter, in order to ensure the effective implementation of the right to fair working conditions, undertake to establish paid public holidays (p. 2 Art. 2 Part II of the Charter).

Part 4 of the commented article establishes a rule that provides that non-working holidays should not affect the wages of an employee receiving a salary (official salary). Unfortunately, this norm, which is a guarantee for this category of workers, does not include similar guarantees for workers whose work is paid in other forms. It seems that in relation to workers who do not receive payment in the form of a salary, these issues should be regulated by a collective agreement or by direct agreement between the employee and the employer.

1. Part 1 of Article 112 of the Labor Code of the Russian Federation establishes a list of holidays and non-working days on the territory of the Russian Federation.

In order to ensure that each employee has the opportunity to annually use 12 non-working holidays in addition to weekends, Part 2 of the commented article provides for a rule on transferring a day off that coincides with a holiday to the next working day after the holiday. This rule should also apply when the day off, which the employee is entitled to in accordance with the internal labor regulations, coincides with a non-working holiday. In case of such a coincidence, the employee’s day off will be the next working day after the holiday.

The transfer of days off that coincide with non-working holidays should also be carried out in organizations that apply different work and rest regimes, in which work is not carried out on holidays. This applies equally to work modes with both permanent days off and “sliding” days off.

According to established practice, in cases where the work and rest regime provides for work on non-working holidays (in continuously operating organizations or those associated with daily services to the population, round-the-clock duty, etc.), the rule on the transfer of days off does not apply (clarification of the Ministry of Labor of Russia dated 29 December 1992 N 65 “On some issues arising in connection with the transfer of days off that coincide with holidays” // BNA RF 1993. N 3).

2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), of additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. At the same time, it is specifically stated that the amount of expenses for the payment of additional remuneration for non-working holidays relates to labor costs in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of financing.

3. An additional guarantee is provided for employees receiving a salary (official salary). In accordance with Part 4 of Article 112 of the Labor Code of the Russian Federation, the presence of non-working holidays in a calendar month is not grounds for reducing their wages. In other words, employees receiving a salary (official salary) wages in a calendar month remains in full, regardless of the number of non-working holidays in that month.

4. Part 5 of Article 112 of the Labor Code of the Russian Federation gives the right to the Government of the Russian Federation to postpone weekends to other days, adding them to the nearest non-working days, for the purpose of rational use by employees of weekends and non-working holidays. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of weekends to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than 2 months before the calendar date of the established day off. This clarification allows both employees and employers to plan in advance appropriate activities related to the organization of work and rest.

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 , approved by Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 // BNA RF 1994. N 5).