At work until death. Why is it dangerous not to go on vacation? | Healthy Life

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Published: June 25, 2016

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Labor legislation guarantees working citizens the mandatory availability of days off. Depending on the regime, these may be generally accepted days of rest - Saturday and Sunday, or provided for by the work schedule.

Involving employees in the performance of official duties is prohibited by Art. 113 Labor Code of the Russian Federation.

However, unplanned circumstances may arise at the enterprise that require one or more employees to be called on a non-working day. In such a situation, it is permissible to involve the organization’s personnel to work on days off, subject to the necessary conditions:

the presence of the employee’s consent expressed in writing (signature on the notice of call to work or under the order);
mandatory provision of compensation for work outside normal hours in the form of an additional day off or increased pay.

If work on an odd day is due to emergency circumstances, then the consent of the employees is not required. In addition, certain categories of workers can work in their free time (weekends) on the basis of a collective agreement (this mainly applies to the creative intelligentsia) or an approved work schedule.

No circumstances can be the basis for involving minor employees and pregnant women to work on established days off.

Procedure for calling to work on weekends
How are you compensated for working on a day off? Payment order
Transferring a day off to another time

Which is more profitable: double pay or time off?

For employee

For the employer

Forced to work on weekends - is this possible?

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 written consent to leave is obtained in advance. However, employees may refuse additional processing during non-working hours. Work during additional hours must be documented accordingly. 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.

ConsultantPlus experts explained in detail whether it is possible to hire an employee to work on a weekend or a holiday. Get trial access to the system for free and go to the Ready Solution to find out the answer.

The gig economy and its realities

The higher a specialist’s rating on these platforms, the greater the likelihood of official employment. To get good reviews, employees must fulfill all customer requirements and ensure they negotiate with the best terms. They must always be available, otherwise they will remain on the sidelines of hiring. If an employee is not on the top list, the pressure on him only increases. Some of them are trying to attract more clients by reducing prices for their services. This forces them to work 12 or more hours for very modest pay.

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In addition, most freelancers do a significant amount of unpaid work: they work as admins, create profiles for other people, and learn skills that will allow them to improve their own profile. It all boils down to a long and grueling routine.

Similar patterns are repeated across all areas of the gig economy. For example, some taxi drivers are forced to drive for 20 hours at a time to take advantage of the increased fare.

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. In the event of emergency situations, going to work on weekends and holidays can also occur by verbal order of 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.

NOTE! If an employee works under a fixed-term 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 an emergency (Article 290 of the Labor Code of the Russian Federation).

Lack of sleep can be compared to drinking alcohol

Imagine that you woke up at 7 am, went to work and stayed there until 1 am. A whopping 17 hours of work means you have to take the next day off. And if this does not happen, and the next morning you are back at the enterprise, your concentration and productivity will drop to the lowest levels. Scientists have found that this state is equivalent to intoxication with a blood alcohol concentration of 0.05 percent, obtained from drinking two cans of beer.

We can safely summarize that recycling knocks the ground under our feet in the same way as alcohol does. But if you extended your workday until 5 a.m., the disruption to your internal systems could be compared to having 0.1 percent alcohol in your blood. Thus, overwork significantly reduces your productivity. This negatively affects your reaction, coordination and speed of decision-making.

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A drunk person cannot drive; this leads to irreversible consequences on the road. The same thing happens to workaholics who go to work after a sleepless night. But while office workers can afford to sit behind their colleagues, factory workers at their machines do not have that luxury. They perform activities that themselves are associated with a risk of increased injury, and overwork aggravates the likelihood of an accident.

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;

If you have access to K+, check whether you have correctly registered work on a day off if the employee took a day off. If you don’t have access, get free trial access to the system and go to the Ready Solution.

or agree to double monetary compensation based on the current tariff rate or for piecework payment (Article 153 of the Labor Code of the Russian Federation).

For those employees who are entitled to a fixed 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.

The rules for calculating 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 or 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 2021 - 2020” .

Working overtime reduces productivity

Working seven days a week became a reality in our society at the end of the 20th century. More and more companies are focused on making instant profits. The practice of extending the work week is winning thanks to modern entrepreneurs who are inspired to search for ideas and then implement them. This trend is being picked up by freelancers who have piecework wages, doctors and social workers who agree to part-time work because of the low salary.

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The problem is that longer workweeks force workaholics to pay with their health. There is much evidence that overtime is ineffective. They reduce productivity and lead to a phenomenon called professional burnout. Due to constant stress, people feel tired and have problems sleeping, which does not allow the body to recover. This ultimately leads to a range of mental and physical illnesses.

Results

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

Sources: Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

“Fight or flight”: why it is harmful to disrupt circadian rhythms

Oxford sleep researcher Russell Foster describes how a nightly schedule can throw off your body clock. According to him, the main problem of this regime is not long hours of work in the dark, but the morning light that night owls see when getting ready to rest. A person is preparing for sleep, and his photoreceptors, on the contrary, send a signal “It’s time to wake up” to the suprachiasmatic nucleus. If you deceive biorhythms in this way for long enough, your stress level will increase. The body can produce a “fight or flight” response, which normally helps to escape from a specific threat.

In this state, the body prepares for increased activity. Glucose is sharply released into the blood to provide the muscles with energy for attack or flight, blood pressure rises, and the heart begins to beat faster.

The “fight or flight” response works great in case of real danger, but it is impossible to constantly be in this state - it exhausts the body.

If at the same time a person does not have enough sleep, the opportunity to regain strength becomes even less.

If you live long enough in a state of constant rhythm disturbances, high levels of stress and associated reactions will become additional risk factors for the development of disease. But there are also other factors - for example, age, overeating, lack of exercise and bad habits. They increase the likelihood of heart and vascular diseases, which already bear a heavy burden during the night schedule. Lack of sleep can also lead to excess weight (and this is another risk factor for many diseases): it disrupts the balance of the hormones leptin and ghrelin, which control feelings of hunger and fullness.

According to Professor Foster, it is the floating mode and lack of sleep that are dangerous. Nighttime activity in itself is not harmful if it is regular (you are always active at night and sleep during the day) and you manage to avoid bright light in the morning.

Conclusion

The question of whether it is possible to regularly involve an employee with his consent to work on weekends is not regulated by law. On the one hand, if all rules for registration and payment are followed, there are no formal violations in this case. On the other hand, the employer thus deprives him of the right to rest time under the Labor Code of the Russian Federation. If there was no objective production need for this, the labor inspectorate will regard this as a violation of the employee’s labor rights.