Payment for holidays in 2021

Where can I see the list of holidays?

All official holidays are specified in Article 112 of the Labor Code of the Russian Federation. As for the New Year holidays, the non-working holidays in January are as follows:

1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
7 - Nativity of Christ.

Remember these dates so that you understand which days in January are paid double if you have to work during the New Year holidays.

If a holiday falls on a weekend, it is transferred to the next working day after the holiday. For a more rational distribution of work and rest time, the Government of the Russian Federation moves weekends to other days of the calendar year. In January 2021, by Decree of the Government of the Russian Federation No. 1648 of October 10, 2020 “On the transfer of holidays to 2021” The day off from Saturday, January 2, was moved to Friday, November 5, and from Sunday, January 3, to Friday, December 31. We also recommend remembering these days so as not to lose your salary.

If you have to work when others are resting, then you will be paid at an increased rate. It is possible to compensate with additional days of rest. But in many ways, the answer to the question of how New Year’s holidays are paid at work depends on factors such as:

established wage system (salary, piecework, etc.);
availability of summarized accounting of working time and duration of the billing period;
whether the employee will work out the standard time in January.

Let's consider all situations in more detail.

Production calendar for 2021

January holidays

January 2021 is a long-awaited time for Russians. This month, the Russian Federation celebrates not only the state holidays New Year, but also church holidays - the Nativity of Christ. Therefore, in January there are quite long non-working days off. There are a total of 31 calendar days in January. The holiday calendar for January 2021 looks like this:

January 1, 2, 3, 4, 5, 6 and 8 – New Year holidays;
January 7 – Christmas.

As a result, January 2021 has only 14 holidays and weekends:

Let's decipher each day of non-working holidays in January 2018 (from December 30 to January 8):

Payment for working days according to the usual schedule

In January, with a five-day workday, Russians will have to work only 15 days. Therefore, the question often arises of how New Year holidays are paid with a salary, given that the number of working days has been reduced. Despite the fact that most work less, wages are paid in full. If a salaried employee has worked all the required days, then payment is made in full. This follows from the same article 112 of the Labor Code of the Russian Federation. It makes no sense to separately consider the question of whether New Year's holidays are paid in government agencies or municipal structures, since the law states: the presence of non-working holidays in a calendar month is not grounds for reducing wages for salaried employees.

As for the remaining employees (piece workers, hourly workers, etc.) who were not involved in work during the New Year holidays, for non-working holidays they are paid additional remuneration, the amount of which is determined by the internal LNA.

Read more: How to calculate salary based on salary

IMPORTANT!

If an employee is on sick leave, he will be paid benefits after the certificate of incapacity for work is closed. If an employee is on vacation, he already receives money for the New Year holidays 3 days before it starts, plus the vacation is extended due to official holidays. But there are situations when they won’t pay anything. The first is that the employment contract is valid, but the employee took unpaid leave at his own expense. The second is that the person is registered in the organization, but is not currently fulfilling his duties (applies to women on maternity leave, employees caring for a newborn).

How is it paid?

When an employee agrees to work overtime, the issue of payment arises. It is regulated by Art. 153 of the Labor Code of the Russian Federation, which states that piece workers receive double monetary compensation. Similar requirements apply to those working on daily or hourly rates.

The amount of wages on weekends and holidays also depends on whether the monthly norm was exceeded. If it has not been exceeded, then payments must be no less than a single rate above the salary. Otherwise, no less than double. This is stated in paragraph 4, part 1, art. 153 Labor Code of the Russian Federation.

Did the subordinate choose time off as compensation? Then the worked day off is paid in a single amount, and the rest day is not paid. Let's look at an example:

Manager A.I. Kruglova has a salary of 35,000 rubles. Operates in 5/2 mode. Daily rate – earnings 1300 rubles. The employee had to go to work on October 12, 2021 (day off) to eliminate the consequences of the accident at the enterprise. As compensation, she chose October 21 off. What salary should be accrued for October?

Solution:

The production calendar shows that there are 23 working days in October 2021. According to Article 153 of the Labor Code of the Russian Federation, days off worked are paid in a single amount. It turns out that for October 12, 1,300 rubles will be charged, but October 21 is not paid.

If A.I. Kruglova decides to take double pay for working on a day off, the compensation will be:

1300 rub. x 2 = 2600 rub.

At the end of the month, the employee will receive 37,600 rubles. (excluding allowances, bonuses, etc.).

We looked at what rights employees working outside of normal hours are entitled to. Remember that payment on holidays or weekends may be prescribed in a collective agreement, but it should not contradict the norms of the Labor Code. Those working in the 2/2 mode are paid double for their hours of work, and they do not have the right not to go to work (considered absenteeism).

Payment for a shift schedule

At some enterprises, the production cycle cannot be stopped even on holidays. In such companies, payment for New Year holidays during a shift schedule in 2021 is made according to the following rules:

To register work on holidays, there is no need to issue any additional orders or instructions, because all days of work and rest for such employees are established in the production schedule;
if a working day on a shift schedule falls on an official day off, it is paid at least twice the tariff rate (Article 153 of the Labor Code of the Russian Federation). The specific amount of remuneration for such employees is established in a collective or labor agreement or other local regulatory act of the company, but it cannot be lower than that established by the Labor Code.

Read more: How to create a shift schedule

ConsultantPlus experts figured out how to pay piece workers for non-working holidays. Use these instructions for free.

Compensation for time off on holidays and rest days

Work on weekends is charged at least double.
It is natural that work on legal weekends and holidays, which could be spent with family, should be rewarded accordingly. The Russian regulatory framework provides for several options for compensation for work carried out on rest days:

increased wage standards;
the opportunity to get another day to rest. If an employee chooses to postpone a day off, he is given a day off at a time convenient for him, and the day off is compensated in the usual monetary equivalent. In this case, the time off must be a full day of rest - that is, if an employee went out on a holiday or day off for two or three hours, he will rest for an additional 24 hours.

In this case, the employer has the right to offer an alternative, but the final decision is made by the employee himself. The regulations that govern the calculation of compensation payments provide the following formula for calculating payment:

with piece rates, compensation should be based on double the price per unit of manufactured products;
schemes in which payment is made daily or work is charged by the hour require the use of double daily and hourly tariffs;
remuneration in the form of a fixed salary assumes that compensation is accrued in an amount that cannot be less than the amount of a single one-day or hourly part of the salary if the employee worked within the monthly working time standards, and not less than the double minimum if the work time exceeded the monthly limits standards.

There are no upper limits on compensation - it can be not only a double, but also a three-fold or five-fold bonus. It all depends on the will of the employer.

How to pay overtime during winter break

If an employee performs official duties during the New Year holidays overtime, payment for New Year holidays, according to the law of the Russian Federation, is made according to the rules of Article 153 of the Labor Code of the Russian Federation - at least in the amount of double the tariff rate. The payment is not taken into account when determining the duration of overtime work, subject to payment at an increased rate, in accordance with Art. 152 Labor Code of the Russian Federation.

To correctly pay for holidays in January, correctly formalize the recruitment of employees to work. To do this, you first need to obtain the consent of the staff, issue an order from the manager, which is familiarized with the signature of all involved subordinates. The order must provide the reasons for the need to work on New Year's holidays and a list of persons who will have to work on the holiday. If an employee who has agreed to work on holidays does not come to work, disciplinary action will be taken against him.

Read more: We issue an order for overtime work

Working time standards in January 2021

The employer must officially pay for a call to work from January 1 to January 8.
The main issue that concerns Russians is the January working calendar, because New Year’s celebrations are the first in a series of weekends and holidays falling in 2021. There are 31 days in total in January, of which 17 are working days, and 14 are on weekends and holidays (numbers 1 to 8 will be official holidays). According to the standards developed by specialists from the Ministry of Labor and Social Policy, the following picture emerges:

in the case of a working week of 40 hours, 136 hours are spent on work (based on 17 working days multiplied by 8 hours of one shift);
if the work involves a 36-hour week, then the total volume of labor hours will be 122.4 hours (17 working days multiplied by a shift of 7.2 hours);
working conditions with a 24-hour work week assume that 81.6 hours are allocated to work (17 working days multiplied by 4.8 hours).

At the same time, according to the approved standards, compensation for labor on January weekends and holidays should be provided in no less than double the amount.

Who is prohibited from calling on holidays?

The law provides for several categories of Russian citizens who cannot be involved in work processes outside of school hours. These regulatory documents include pregnant women and employees under the age of majority (excluding athletes and circus performers engaged in the field of theater and cinematography).

An important point: not all workers can be called only with written consent and order. In the case of mothers whose families have four or more children, disabled workers, parents of disabled children, single mothers and employees caring for sick children or relatives, an additional certificate must be obtained. The doctor must confirm that going to work after hours does not pose a threat to the health of these people, as well as the health of children or relatives who depend on them.

Labor Code of the Russian Federation 2021 work on weekends and holidays

The performance of professional duties during non-working hours (weekends, holidays) is specified in Chapter. 18 Labor Code of the Russian Federation. It provides for the duration of weekly rest, payment for missed holidays, a ban on calling employees on certain days, and exceptions to the rules.

Art. 113 of the Labor Code of the Russian Federation limits work on weekends and holidays. But if it is impossible to stop production or it is necessary to urgently eliminate the accident, then some workers are involved, but only with written consent and for additional payment. True, only people with disabilities and women with young children can completely refuse to work on weekends or holidays. For this, they will not lose the benefits provided by the Labor Code of the Russian Federation and will not be dismissed.

Dismissal: order

The Labor Code of the Russian Federation obliges to formalize labor relations and stipulate the conditions of dismissal. This forces the parties to fulfill their obligations, and in case of a dispute, to resolve it in court. Typically, an employment agreement is valid for a certain period, after which the dismissal procedure begins.

Topic: What are the specifics of criminal liability and punishment of minors?

But he may leave work for other reasons, for example, on the initiative of management, due to a bad attitude towards the new boss, due to non-compliance with obligations by the employer, or unwillingness to work on weekends and holidays.

Regardless of the grounds for dismissal, the employee notifies his superiors of his resignation 14 days in advance (for a fixed-term contract - 3 days in advance). During this period, according to the Labor Code of the Russian Federation, the employee has the opportunity to withdraw the application, and the employer has the opportunity to find a new person. If there are enough people on staff, dismissal from work can take place even on the day of the application - the law does not prohibit this.

The Labor Code of the Russian Federation also stipulates that full payment is made on the day of dismissal, and the employee receives all documents about work activity, first of all, a work book.

Free legal consultation by phone:

What are the working hours?

According to the Labor Code of the Russian Federation, the traditional working week includes 40 hours. You must take at least 42 hours off from work during the week, and always on Sunday. Depending on the calendar and shift schedule, the employer may add Saturday or Monday to it. If, due to work, it is impossible to provide rest on the usual weekend days, it is transferred to consecutive weekdays. It will not be possible to change this regime, even if you threaten the employer with dismissal.

The parties may provide for different working hours when necessary, especially if flexible or part-time work is provided. In this case, work and payment on officially non-working days are specified separately.

In a working week lasting 6 days, according to the Labor Code of the Russian Federation, only one day is allowed for rest (Article 111 of the Labor Code of the Russian Federation). Moreover, this is not necessarily a Sunday, and a coincidence will rarely occur if the organization maintains an uninterrupted production and technical process, and rest days are distributed according to a specially drawn up plan.

On topic: Can an Armenian citizen open an individual entrepreneur in Russia?