Sample order of work on a public holiday. Work on a public holiday: payment

Not every citizen has a rest on weekends or holidays. What does the Code of Labor and Labor Law say about this? What are the advantages and disadvantages of working on the weekend? All this will be told in the article.

Which days are holiday or weekend?

Before we start analyzing the conditions for attracting citizens to work on weekends, it is necessary, in fact, to designate these very days off. The first thing that should be noted: the days off should be established by the rules of internal labor regulations. This is regulated by Article 111 of the Labor Code of the Russian Federation. It is a question of that absolutely not necessarily the days off should be considered Saturday and Sunday. In each particular organization, non-working days are set separately.

But things are quite different with the holidays. These days are one for all citizens. That is why it will be already problematic to call a citizen to work on such days. The list of holidays is established by Article 112 of the LC RF, and it looks like this:

• Holidays in January (1-8 days);
• 23 February and 8 March;
• May holidays (May 1 and 9);
• Day of Russia and the Day of National Unity.

Required entry to work

All the points about the need to go to work even on holidays, as a rule, are fixed in the employment contract. They are about a number of cases when the consent of the employee is not required. What exactly is included here?

• Emergency cases: emergency incidents, accidents, accidents, etc .;
• Disaster prevention;
• Emergency, unforeseen circumstances - natural or technogenic nature.

In addition, people who work are required to work:

• In organizations operating continuously;
• In the organizations rendering various services to the population;
• In repair, construction or loading areas of work.

Above, the main situations were described where a citizen can wait for work on a holiday (holiday) day. At the same time, any employer should remember the prohibition to involve pregnant and underage persons during work on weekends.

Registration of the consent of the employee

Now it's worth talking about situations when the employer still has to ask permission from the employee. Consent must be given in writing, in accordance with Article 113 of the LC RF. What kind of situations are we talking about? In fact, all cases will not be listed. However, examples can be given all the same. So, consent must be demanded from accountants, obliged on holidays to conduct calculations and payroll; With doctors and feldshers, who are obliged to work on non-working days, etc. At the same time, compulsory registration of consent is required of the following persons:

• Workers with disabilities;
• Women with children under the age of three;
• A parent who alone educates a child under the age of five;
• Guardians of children under the age of five;
• Employees with disabled children;
• Pregnant employees and representatives of some other categories of citizens.

How should a sample order of work on a public holiday look like? This will be discussed later.

Registration of the consent of the employee

According to what rules and regulations should the worker's consent to work on the weekend be drawn up? The first thing to note is the possibility of formalizing the agreement as a separate document, and a special notification. There are no unified samples, and therefore each individual organization is able to make a schedule for work on holidays in accordance with its rules. However, in any notification, the following main points should be indicated:

• Date of employment;
• The reason for engaging in work;
• The names and names of the necessary workers;
• The fact of familiarization of workers with notification, as well as the facts of consent or refusal of workers;
• The employee's chosen form of salary for work or a form of compensation.

All these moments are regulated by the special Labor Code (RF TC). It is also worth mentioning some features of going to work on weekends or holidays.

The exit of employees to work on non-working days

The sample order for work on a public holiday is far from the only form of calling employees to work. It is more important to obtain written consent from workers. If the organization is small, workers can simply sign on the order or notice. And what does the algorithm of actions in larger organizations and firms look like? It is worth noting the following:

• The employer establishes the reasons for the need to work for employees on non-working days;
• The employer shall develop all necessary written agreements and notifications;
• The manager justifies the need for going to work, indicates the specific labor time and place (note, as well as the work schedule during the holidays, must be agreed with the trade union committee);
• In the form of a receipt, employees give their agreement for employment on non-working days;
• A full order is issued, on which each employee is retained.

Thus, shift work on holidays can not be formalized simply and simultaneously. This is a rather long and complex process, requiring a lot of effort and time.

Payment procedure for non-working days

The question of how to fill a sample order of work on a public holiday can be considered closed. And what should I say about the payment of work during non-working days? Article 153 of the Labor Code fixes two main points:

• Payment must be made not less than twice the standard amount;
• Payment must be in a single amount, and an additional day of rest must be allocated.

Every employer is obliged to remember about these two provisions, and therefore he must be prepared to pay employees who are not working on working days an increased amount. At the same time, each manager can set the payment amount himself: someone in triple size, someone in even greater. All figures must be provided for in the employment contract.

Calculation of payment for non-working days

As already mentioned above, the Labor Code establishes two options for compensation for work on holidays or weekends. The first option is to provide an additional day off, the second is the absence of such a day. In accordance with these two options, further calculation of financial payments is made. There are the following payment options:

• Piece payment system with no additional weekend. Payments are calculated at least by double piece rates.
• A time-based payment system without an additional weekend. Calculation of payments occurs at no less than a double hourly rate.
• Piece payment system with an extra day off. Financial payments are made by single piece calculations.
• A time-based payment system without an extra day off. The calculation of wages goes on a single-hour system.

Such a system should operate independently of the organization or time: be it holidays in January, in May, etc.

Payment system

Above, the main payments to persons working in the workplace with a time-based or piece-rate system of payment were indicated. And what about the most common, paid-out settlement system? Here you can also make a certain classification. It will look like this:

• The norm of working hours for one specific month is exceeded, and an additional day off is not provided. In this case, the calculation of the payment will occur as a minimum at a single rate - day or night, which will be charged on top of the basic salary.
• The norm of working hours for a month is exceeded, but the management provides an additional day off. The salary will be normal, you do not have to wait for additional charges.
• The working hours for the month are not exceeded, no additional output is provided. Calculation of payment should be made at least at a double rate on top of the salary.
• The working hours for the month are not exceeded, an additional output is provided. There should be a single-rate calculation over the salary.

Any work on a holiday is paid according to the system presented above. This is also evidenced by the Russian Labor Code.

Taxes and contributions

It is worth mentioning and such an important point, as the assessment of contributions and tax collections from the total amount of payments on holidays and weekends. How does this happen? Are there any exceptions?

Any additional payments to employees are part of their wages. That's why the tax collections pass through the standard system. Confirm such things as the Tax Code and the Labor Code. Any amount paid for the performance of labor duties on non-working days is included in the personal income tax in the general procedure. They are subject to various insurance premiums (FSS, FFOMS, FIU, etc.). In addition, the amounts should be accounted for in the costs of the "classic" income tax.

Execution of payments for non-working days

Having understood what is a sample of the order for work on a public holiday, and also having presented the basic classification on payments, it is necessary to tell about registration of additional charges.

The first and most basic thing that it is worth knowing to the employer is the necessity of accounting for all additional payments. Any additional costs for workers must be properly registered and entered in the tax, pension and other lists. Regulates similar provisions and Labor Code.

Weekends and holidays are also recorded in the general work schedule, all of which must be officially confirmed. Any employer who pays a salary "in an envelope" violates the law and substitutes its own employees. Employees must also seek "transparent" payments, issued in all necessary instances.