LawState and Law

Work on holidays: attraction and compensation

For most able-bodied people their lives are divided into periods when they work and when they rest. Among the rest periods, the law defines a weekly rest or a weekend in which a person is completely freed from labor. To these days are added non-working holidays. However, the production process or other activities often require that work on holidays take place in the same way as workers. Due to the fact that in this case there is a certain infringement of workers' rights to normal rest, determined by law, employment in such periods is carried out in compliance with certain conditions and by providing compensation. Work on weekends and holidays, as a rule, is carried out only with the consent of the employee (written). Exceptions are situations where an employee is needed to prevent accidents, accidents, accidents, spoilage or destruction of property or other work related to any extraordinary circumstances. In addition, work on holidays, except for the listed emergency cases, will be lawful only after receiving the opinion of the trade union organization on this issue. There are also certain categories of people whose activities systematically coincide with Sunday, Saturday (the second main day off at a five-day holiday) or non-working holidays. These include people of creative professions, media workers, theaters, cinematography, circuses and concert organizations, whose work on holidays is necessary to meet the needs of people who are resting at this time. Lists of such positions and professions are approved by the Government, and the procedure for attraction is determined by local acts of organizations.

The main principle that prescribes the labor code: work on weekends occurs in exceptional cases when production tasks are unforeseen in advance and the normal activity of the organization depends on their implementation. However, there are situations when such activities can be carried out systematically - these are continuous production, public services, urgent loading and unloading and repair processes.

In this case, there are categories of people whose work on holidays is allowed, only if it is not prohibited by them for health reasons or by regulatory documents. And that they can refuse to attract, people should be acquainted in writing. In particular, such categories of workers include women with children under three years of age, and people with disabilities.

Involvement must necessarily take the form of an order. As a compensation for this worker, double payment is established, or a single payment and a rest day (not paid). If a person receives a salary, then in determining the compensation has a value, whether he worked within or above the monthly rate. For work within a monthly rate, single payment is required, for work above the norm - double. The normative acts of the organization may establish a higher amount of compensation than provided for by the LC RF.

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