How to work on a day off. Is it legal to work on weekends?

They clearly describe which days are counted on weekends, and which ones festive.

Days off are considered to be those days on which the employee is given his legal right to rest. Usually one of these days is Sunday.

With a five-day working week they may be Saturday And Sunday, with six days - only Sunday. But, depending on the type of activity of the enterprise and its internal rules, days may vary and may fall on weekdays.

Holidays are those dates for which a state or religious holiday is legally established. When a holiday and a day off overlap each other, the latter is transferred to next business day after the holiday.

Involve employees to work on weekends and holidays forbidden. But there are a number of cases when this allowed. They will be written about separately.

Minimum required documents

If there is a need to attract an employee on weekends or holidays, then it is necessary to draw up some set of documents which this employee must subscribe.

Overtime on holidays

First, it’s worth defining what overtime work is. This is a type of work in which the worker recycles your normal hours.

This is discussed in more detail in.

When drawing up a notice of employment on a day off, the employer can specify from an employee desired shape compensation for lost rest time: payment or time off.

At the same time, for legislation it is completely doesn't matter, how long the employee worked when joining workplace on a weekend or holiday: an hour or the entire shift. Time off is provided for all day.

Labor Code not provided proportional dependence of the duration of time off on the duration of work on a day off.

It is very important for employees to understand that going out on holidays is still will be paid or they will be provided another day off day.

Many employees are clearly impressed by this policy of our state: it gives opportunity to earn a little more than usual or not being present at the workplace on a day when the employee needs to be elsewhere.

Thus, thanks to the Labor Code, work on non-working days is not an infringement of rights workers.

In any case, company employees and HR department specialists need to understand this issue so that later at the company there were no unpleasant situations related to employees receiving wages that are far from expected.

Finally, watch a useful video on the topic.

Work on weekends is not permitted under the Labor Code. However, there are some exceptions when it is permissible to involve employees in performing labor responsibilities on weekends with or without their consent. We will talk about these cases, as well as how to pay for work on days off, in our article.

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

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

Work in extra time must be properly formatted. Necessary:

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

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

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

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

Possible options for attracting people to work in their free time must be specified in the collective agreement and other internal local acts.

Working conditions on weekends and holidays

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

Work on weekends by disabled people or women who have children under 3 years of age is possible not only with their written consent, but also provided there are no medical contraindications to working overtime.

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

Pay for work on days off

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

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

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

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

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

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

Sample consent to work on a day off

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

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

Results

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

The Labor Code does not contain any mention of how to apply for work on a day off. Experts will tell you how to obtain consent to work on a day off. The article presents a form and sample of such a document.

In the article:

Download documents on the topic:

How to obtain written consent to work on a day off

An application for working on a day off (sample) is filled out by an employee in the case when the management of the organization needs to involve him in the implementation job responsibilities after hours. The immediate fact of such an invitation must be documented.

How to involve an employee in work during non-working hours. From the article you will learn how to prepare necessary documents, how to correctly draw up a notice of the right to refuse to interrupt your weekends or non-working holidays.

The Labor Code of the Russian Federation does not contain instructions on how to apply for work on a day off.

But you can follow two ways:

1. Receive a statement from the employee, handwritten in any form.
2. Receive the employee’s mark on the order issued for these purposes. To do this, it is enough to add a separate line to the order for the employee’s signature with the following wording: “I agree to be hired to work on a non-working holiday or day off.”

When it is possible not to obtain an employee’s consent to work on a day off

Every citizen has the right to rest. Therefore, you can invite him to perform official duties during such a period only by order of the manager, having received written consent to go to work on a day off.

An exception to this rule are the cases described in part three of Article 113 Labor Code RF. Without obtaining written consent, you can be involved in work to eliminate the consequences of accidents, disasters, emergencies, and so on. It is also allowed to call vacationing workers to save the property of the enterprise if it is in danger for various reasons, when martial law is declared.

★ The HR System expert will tell you who can be involved in the performance of official duties on weekends and holidays. From the article you will learn how and who to involve, how to formalize this and when the employer has the right not to receive written consent to work on a day off.

What form is used to obtain consent to work on a day off: sample

There is no unified form for applying for work on a day off (sample). If for some reason an organization is forced to frequently invite its employees to perform official duties during such periods, you can independently create and approve a unified form. In the future, the staff will only need to fill out such a document, sign it, and put a date on it, which must coincide with the day they start their shift.

Statement of consent to be hired to work on a day off: sample

Application for payment for work on a day off

An employee has the right to receive monetary compensation for working a shift during non-working hours. It is calculated according to the rules of Art. 153 of the Labor Code of the Russian Federation, which the manager must provide. Download an application to replace a day of rest for working on weekends with monetary compensation

Replacing a day off with a day off

The law does not establish a time limit for an employee to contact their manager with a request to provide time off in exchange for working a shift during a non-working period.

Sample request for time off

For going on shift during non-working periods you are provided with:

1. Payment is at least double the amount (by default).
2. Time off (based on application).

★ An expert from Sistema Personnel will tell you whether an employee can take time off in another month for going on a shift during his non-working period. The article describes the procedure for granting time off and provides documentation methods.

Is it possible to issue an application for working on a day off and consent on one form?

The application for consent to work on a day off is combined in one document. In the same form, you can include a phrase with the wording: “I ask that you provide me with another day of rest on September 10, 2019 in connection with my involvement in the performance of official duties during my non-working period - August 3, 2019.”

When creating and agreeing on such a form, the special procedure for receiving increased wages or receiving another day off (time off) must be taken into account.

Double payment is established by Article 153 of the Labor Code of the Russian Federation.

An application for working on a day off (sample) is completed by the employee in writing. This will need to be done in the case where the organization’s management needs to attract certain specialists to perform their job duties during non-working periods. The immediate fact of such an invitation must be documented.

According to Art. 113 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is prohibited. However, this legal norm has a number of exceptions that make it possible to attract an employee to work on a weekend or holiday in certain cases and subject to a number of conditions. Let's take a closer look.

On non-working holidays the following are allowed:

- work, the suspension of which is impossible due to production technical specifications(continuously operating organizations);

- work caused by the need to serve the population;

— urgent repair and loading and unloading work.

It should be noted right away that there are categories of workers who are strictly prohibited from being hired to work on weekends and non-working holidays, even if they have expressed their consent. This:

— pregnant women (Article 259 of the Labor Code of the Russian Federation);

- workers under the age of 18, with the exception of creative employees mass media, cinematography organizations, as well as television and video filming groups, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and performance of works (Article 268 of the Labor Code of the Russian Federation).

You also need to take into account that hiring on weekends and non-working holidays:

— disabled people;

- women with children under 3 years of age are allowed only if this is not prohibited for them for health reasons in accordance with a medical report. At the same time, they must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday (Article 113 of the Labor Code of the Russian Federation).

Similar legal requirements are also established:

- for mothers and fathers raising children under 5 years of age without a spouse;

— in relation to employees with disabled children;

- in relation to employees caring for sick members of their families in accordance with a medical report (Article 259 of the Labor Code of the Russian Federation).

Weekends and non-working holidays

Days off (weekly uninterrupted rest) must be provided to all employees. With a five-day work week, two days off are given per week; with a six-day week, there is one day off. The general day off is Sunday. The second day off in a five-day working week is established collective agreement or internal rules labor regulations. In this case, both days off are provided, as a rule, in a row (Article 111 of the Labor Code of the Russian Federation).

If suspension of work on weekends is impossible due to production, technical and organizational conditions (shift work; work performed on a rotational basis), then days off may be provided on different days of the week in accordance with the internal labor regulations. In this case, employees should also be involved in work on their non-working days in accordance with the requirements of Art. 113 of the Labor Code of the Russian Federation, i.e. how to work on weekends.

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

Reasons for hiring

Employees are involved in work on weekends and non-working holidays if it is necessary to perform unforeseen work, on the urgent completion of which the normal operation of the organization as a whole or its individual ones depends in the future structural divisions, individual entrepreneur(Article 113 of the Labor Code of the Russian Federation). Here, the written consent of the employees is sufficient.

But in other cases, the employer is obliged to take into account the opinion of the elected trade union body. If the organization has not created one, the employer makes the decision to work on such days independently.

Exception from general rule established for creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, as well as professional athletes. The involvement of this category of workers is permitted in the manner established by collective agreements, local regulations and employment contracts.

In addition, it is allowed to attract employees to work on weekends and non-working holidays without their consent. following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Please note that engagement in such work is only possible in situations that threaten the life or normal living conditions of the entire population or part of it.

Employer's actions

Based on Art. 113 of the Labor Code of the Russian Federation, the involvement of employees in work on weekends and non-working holidays is carried out by written order of the employer. Such a decision can only be made by authorized person: the head of an organization or a person specially vested with such right in the manner established by the Labor Code of the Russian Federation, other federal laws and other regulations legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents employer organization and local regulations (Part 6, Article 20 of the Labor Code of the Russian Federation).

But so that this authorized person can decide on the need to involve an employee in work, usually in practice a report/memo is drawn up in his name from the immediate supervisor of the employees who need to be involved in work.

Such a document must contain not only a list of involved workers and deadlines, but also circumstances justifying the need to perform work on a weekend or non-working holiday (industrial accident, industrial accident, the need to perform unforeseen work, etc.).

An employee’s written consent to work on a day off or a non-working holiday can be obtained in several ways:

- in the form of an application;

— by putting a mark on familiarization and consent to being hired to work on a weekend or non-working holiday on a report/service note;

— by placing a mark on familiarization and consent to being hired to work on a weekend or non-working holiday on the notice of the need to work on such a day.

If employees are not familiar with the report/service memorandum on recruitment to work and have not expressed consent or belong to the category of persons who must be informed by signature of their right to refuse work on a day off or a non-working holiday (disabled people, women with children under the age of 3 years, etc.), then based on the note with the manager’s resolution, it is necessary to prepare written notifications, which include information about the employee’s rights, indicating possible options compensation for work on a weekend or non-working holiday.

Involvement of employees to work on a day off or a non-working holiday is formalized by an order (instruction) of the employer regarding personnel in a free form developed by the employer. The basis for preparing the order will be a report/service note, as well as other documents confirming the written consent of employees (personal statements of employees, notices of recruitment).

If unforeseen situations arise that may adversely affect people or production process, we recommend issuing an order on the company’s core activities, which will regulate actions to eliminate or eliminate the possibility of negative factors arising.

Please note that despite the fact that the legislation of the Russian Federation does not determine at what point in time a written order of the employer must be issued, in any case, based on the meaning of Art. 113 of the Labor Code of the Russian Federation, all documents on engaging an employee to work on a day off must be prepared in advance, before the start of work on his day off, and not on the working day following the day off. Therefore, an order to hire employees to work on weekends and non-working holidays cannot be issued later than the date on which the employees were actually hired to work.

To summarize, we can draw several conclusions:

1. The report/service note may contain the signatures of employees confirming their familiarization with and consent to being hired to work on weekends or non-working holidays. In this case, there is no need to request statements from employees confirming their consent to being hired and to send them notices of hiring.

2. For categories of employees who must be made aware of the right to refuse to work on a day off or a non-working holiday against a signature, notifications about inviting employees to work on a day off or a non-working holiday must be made to inform them of this right. Employees can record their consent or refusal both in the notification itself and in the form of a separate application addressed to the head of the company.

3. If, on the basis of Art. 113 of the Labor Code of the Russian Federation allows employees to be recruited to work without their consent, so requesting written consent is not required. The exceptions are disabled people, women with children under 3 years of age, mothers and fathers raising children under 5 years of age without a spouse, workers with disabled children and caring for sick family members in accordance with a medical report. Moreover, they have the right to refuse this work, since the legislation of the Russian Federation does not provide for any exceptions that limit their right. And such a refusal cannot serve as a basis for bringing the employee to disciplinary liability.

4. If, for health reasons, in accordance with a medical report, it is prohibited for disabled people and women with children under 3 years of age to be employed on weekends and non-working holidays, then they automatically fall into the category of workers (pregnant women and minors), who cannot be involved in such work, even if they agree.

5. If it is not necessary to obtain the written consent of employees, then it is possible not to send notifications to employees provided that they have read the report/memorandum or order (instruction) of the manager regulating actions to eliminate or eliminate the possibility of negative factors arising, where deadlines are indicated and employees are listed, hired to work on weekends and non-working holidays.

6. If an employee is nevertheless brought to work on a day off without issuing a written order/instruction from the employer and without obtaining the written consent of the employee, then the employer will be held administratively liable (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Remuneration

Work on weekends and non-working holidays is considered work under conditions deviating from normal ones, which means that the employee is paid accordingly for such work (Article 149 of the Labor Code of the Russian Federation).

According to Art. 153 of the Labor Code of the Russian Federation, work on weekends and non-working holidays must be paid at least double the amount. If employees, as part of shift work, have a shift that falls on a holiday, no special registration is required, but payment must also be made at an increased rate:

- piece workers - no less than double piece rates;

- employees whose work is paid on a daily and hourly basis tariff rates, - in the amount of at least double the daily or hourly tariff rate.

Salaried employees should be paid for work on a day off in the amount of at least a single daily or hourly rate in addition to their salary, if the work was carried out within the monthly working hours. If the monthly norm is exceeded - in the amount of at least double the daily or hourly rate per day or hour in excess of the salary.

In addition, at the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

Thus, the law provides for two options for compensation for work on weekends or non-working holidays. Therefore, the employee has the right to choose how such work will be rewarded.

To avoid future labor disputes with employees, it is advisable to request from them a written decision on how they should be compensated for such work.

Let’s assume that we need to notify in writing that S.V. Petrov and G.D. Sidorov are hired to work on a day off. We write in the notification: “...Based on Art. 153 of the Labor Code of the Russian Federation, work on a day off can be paid double or another day of rest can be provided. In this case, work on a day off or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment...”

Both employees must disclose the form in which they may be compensated for this work. Let us remind you: the employee can indicate his desire (double payment or another day of rest) in a written statement or make an entry directly in the report/memorandum or in the notification. In this case, written confirmation of the choice of compensation will subsequently avoid misunderstandings and labor disputes.

At the same time, everything responsible employees listed in the order must be familiarized with it under a personal signature.

FYI. Please note that an employer’s violation of the procedure established by law for attracting employees to work on a day off or a non-working holiday (lack of a written order or failure to receive the employee’s written consent) cannot be grounds for depriving them of wages guaranteed by the legislation of the Russian Federation for such work.

The employer must be guided by the requirements of the labor legislation of the Russian Federation in terms of minimum sizes payment, i.e. payment for such work is made in amounts not lower than those established by the Labor Code of the Russian Federation, but this does not mean that the employer cannot provide for in the collective agreement, local regulations (internal labor regulations, regulations on remuneration, etc. .) higher payment.

Providing a day of rest

When choosing a form of compensation for work on weekends and non-working holidays, each employee decides for himself what is more profitable for him. Let's say an employee was planning some events for the weekend, but he was invited to work and he agreed. But what was planned then remains unachieved, so he needs another day off for this. And if there are no plans for a day off and the employee is ready not to rest, then he chooses to be paid double and is left without a legal day off. It turns out that instead of a day off, he worked on some day and chose to receive payment not in double amount, but in single amount. But instead of this day off, which he was entitled to by law, he decided to rest on another day - on the one that is a working day for him, that is, he thereby moved his day off to another day. According to Art. 153 of the Labor Code of the Russian Federation, it is not paid.

If the employee requires an additional day of rest, he must agree with the employer on a date that is acceptable to both parties. This can be any working day or such a day can be added to vacation.

In the situation of providing another day of rest in the current month, employers often have a question: “Will the standard working hours and the employee’s wages for this month change due to the fact that the day of rest is not subject to payment?” Comment to this issue contained in the Letter of Rostrud dated 02/18/2013 N PG/992-6-1. Thus, according to the general rules, when calculating the norm of working hours for the accounting period, the time during which the employee was released from performing labor duties is excluded. As officials note, the day of rest provided in accordance with Art. 153 of the Labor Code of the Russian Federation, should be excluded from the working time norm. Thus, if an employee chooses a day of rest, work on a weekend or non-working day is paid in a single amount, and wages in the month when the day of rest is used are paid in full.

When analyzing the text of the Letter, the answer to the question posed earlier is clearly visible. Since the employee asks for a day of rest in the same month when he is involved in work on his day off, therefore, taking into account the transfer of a day off paid in a single amount, to another day the employee will work his full standard hours and receive wages in full.

If we consider the situation when a day of rest will be provided in the next month, then the norm of working time for the next month will be less, and the current one - accordingly, more by one day off, paid at a single rate.

In any case, when an employee chooses the option of providing another day of rest, “NV” is marked on the working time sheet and this day is not paid.

Example 6. In September 2014, 22 working days (176 people/hour in a 40-hour work week), the employee worked on his day off on September 14 (8 people/hour) and rested instead on September 15 (8 people/hour), accordingly: 22 working days (176 people/hour) plus 1 day off (8 hours) minus 1 day of rest (8 people/hour) equals 22 working days (176 people/hour). The norm remained unchanged.

Consequently, we can clearly see that in a month when an employee was involved in work on a day off and chose to be paid in a single amount plus a day of rest, the norm of working days is maintained by working on a day off and providing rest on another day instead.

Example 7. In September 2014, 22 working days (176 people/hour). The employee worked on his day off on September 14 (8 people/hour) and rested instead the next month - October 6, 2014 (8 people/hour). In October 2014, the standard working time was 23 working days (184 people/hour).

Calculation: 22 working days worked (176 people/hour) plus 1 day off (8 people/hour) ultimately equals 24 days actually worked (184 people/hour), which, of course, exceeded the standard working time in September 2014. In November, with the standard working time being 23 working days (184 people/hour), minus the 1 day of rest used by the employee (8 people/hour), in fact the number of days worked by the employee was 22 working days (176 people/hour). Therefore, the standard working time when using extra day rest in another month decreased.

Taking the total of two months (September and October 2014), we get a working time balance of 45 working days (360 people/hour).

However, as practice shows, some employers, misunderstanding the above principle, take time off applications from employees for time previously worked and, recording working hours in the time sheet, pay for them. Firstly, it should be noted that the concept of “time off” labor legislation RF is not provided. And secondly, such actions without issuing an order (instruction) can lead to negative consequences for the employer, because if an accident occurs with an employee on such days, the employer will have nothing to confirm the reason for his absence from the workplace.

Letter of the Ministry of Labor of Russia dated 03/11/2013 N 14-2/3019144-1157 can also serve as confirmation of the correctness of the given examples for calculating working hours and remuneration of employees receiving a salary.

Please note: an employee can be involved in work not only for a full working day, but also for part of it (for example, for 4 hours), which must be reflected in the order (instruction) of the employer. However, regardless of the number of hours worked on a day off, the employee must be given a full day of rest that does not involve work on that day (Rostrud Letter dated March 17, 2010 N 731-6-1).

Reflection in the time sheet

In accordance with Art. 9 Federal Law dated 06.12.2011 N 402-FZ “On Accounting”, all business transactions carried out by an organization must be documented with supporting documents. The primary document confirming the implementation labor function according to the contract, is a time sheet. Therefore, the employer is obliged to keep records of the time actually worked by each employee and to record in the timesheet the attendance at work on weekends or non-working holidays.

Since 2013, organizations may not use the standardized forms N N T-12 or T-13, but develop their own report card form and approve it in accounting policy organizations. But in any case, there must be a report card, because in its absence, the tax authorities will exclude your labor costs from expenses, since they will consider them undocumented.

And if any violations related to incorrect filling report card, during inspections labor inspectorate Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability.

Symbols of worked and unworked time that can be used in the time sheet:

“RW” - payment for work on a day off;

“I” – showing up for work;

"B" - day off;

“NV” is an unpaid day off.

Thus, it is possible to attract workers to work on weekends or non-working holidays, but it is necessary to comply with certain conditions and follow the established procedure. Moreover, work on rest days should not be systematic and can occur from time to time (episodic), if it is necessary to perform unforeseen tasks in advance. If in continuously existing organizations Since such work is carried out regularly, it is advisable to review the work schedule (as an option, establish shift work).

Rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).

One of the basic rights of an employee is the right to rest. Types of rest time include: breaks during the working day, daily rest, weekends, non-working holidays, vacations (Article 21, Article 107 of the Labor Code of the Russian Federation).

Depending on which of the specified types of leisure the employer will involve the employee in work outside working hours, the conditions and procedure for such involvement will depend.

In accordance with Art. 97 of the Labor Code of the Russian Federation, the employer has the right to involve an employee in work beyond the working hours established for this employee only in the manner determined by the Labor Code of the Russian Federation. Such attraction can be in the form overtime(Article 99 of the Labor Code of the Russian Federation) or on conditions of irregular working hours (Article 101 of the Labor Code of the Russian Federation).

When working overtime, an employee, at the initiative of the employer, performs work outside the working hours established for him.
Such involvement is permitted with the written consent of the employee in the following cases:

• if it is necessary to perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may result in damage or destruction of the employer’s property ( including property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property or create a threat to the life and health of people;
• when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;
• to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

Without the consent of the employee, it is possible to engage in the following cases:

• when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;
• when carrying out work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing danger threat to the life or normal living conditions of the entire population or part of it.

In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

It should be taken into account that the Labor Code of the Russian Federation provides for a number of categories of workers (for example, pregnant women, workers under the age of eighteen), whose involvement in overtime work is not allowed.

Disabled people and women with children under three years of age may be involved in overtime work only with their consent, unless this is prohibited for health reasons in accordance with a medical certificate. At the same time, such employees must be informed, upon signature, of their right to refuse overtime work.

The employer must take into account that the duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year. The employer must ensure that each employee's overtime hours are accurately recorded.

During irregular working hours, individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local normative act adopted taking into account the opinion of the representative body of workers.
Based on the provisions of Articles 57 and 100 of the Labor Code of the Russian Federation, for employees working on irregular working hours, this condition must be included in. If the employee and the employer have already agreed that the employee has been assigned and in this regard will be occasionally involved in the performance of his labor function outside of working hours, then the employee’s consent is no longer required for each fact of such involvement.

In paragraph 2 of the Recommendation International Organization Labor dated June 24, 1936 No. 47 on annual paid leave states that the leave is intended to enable the worker to restore his physical and mental strength expended during the year.

These norms indicate that the employee has the right to rest, including annual paid leave, during which he must rest and restore his health.

However, Art. 125 of the Labor Code of the Russian Federation provides for the possibility of recalling an employee from vacation. It is permitted only with the written consent of the employee. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year. The same article provides for categories of workers whose recall from leave is prohibited, namely: workers under the age of eighteen, pregnant women and workers engaged in work with hazardous and (or) hazardous conditions labor.

The procedure for hiring people to work on weekends and non-working holidays is regulated by Art. 113 Labor Code of the Russian Federation.

By general rule Working on weekends and non-working holidays is prohibited. However, there are exceptions.

Employees may be required to work on weekends and holidays only with their written consent if it is necessary to perform unforeseen work, on the urgent completion of which the normal operation of the organization as a whole or its individual structural divisions depends in the future.

without the consent of the employee, it is allowed to involve him in work on weekends and non-working holidays only in cases expressly provided for in part three of Art. 113 of the Labor Code of the Russian Federation, namely:

• to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
• to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing danger threat to the life or normal living conditions of the entire population or part of it.

In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

The law provides for a number of categories of workers (disabled people, women with children under three years of age), whose involvement in work on weekends and non-working holidays is allowed only on the condition that this is not prohibited for them due to health reasons in accordance with a medical certificate. In this case, these categories must be informed, upon signature, of their right to refuse to work on a day off or a non-working holiday.

A complete ban on employment on weekends and non-working holidays is established in relation to pregnant women (Article 259 of the Labor Code of the Russian Federation) and workers under the age of eighteen (Article 268 of the Labor Code of the Russian Federation).

Prepared answer:
Expert of the Legal Consulting Service GARANT
Troshina Tatyana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Kikinskaya Anna

The material was prepared on the basis of individual written consultation provided as part of the service