New Year holidays are the longest weekend in Russia. Days from January 1 to January 8 are official holidays in the Russian Federation. Due to the weekends that fall during this week, they usually last until January 10 or 11. As a result, January becomes the shortest working month of the year with a standard five-day work week.
Holidays in January 2021, paid at double rate, are the weekends from January 1 to January 8. This is a general rule of the Labor Code of the Russian Federation. It concerns cases when an employee, instead of a well-deserved rest, is involved in the implementation of his labor functions.
Holidays in January
All public holidays (that is, non-working days in addition to weekends) are listed in Art. 112 Labor Code of the Russian Federation.
These include the following dates:
- from January 1 to 6 and 8 - these are the New Year holidays (official name);
- On January 7, the secular Russian state celebrates Christmas according to the Orthodox calendar.
Regions have the right to approve their own holidays, since there are many confessions and religions in Russia.
How holidays are paid according to the Labor Code in 2021 is also indicated in Art. 112 and certain provisions are explained in Art. 153 Labor Code of the Russian Federation. No changes have been made to these standards, so they apply as standard.
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Holidays
Official holidays for the Russian Federation that are non-working days are enshrined in Art. 112 Labor Code of the Russian Federation. As for the New Year holidays, in 2021 these dates will be:
- January 1-6 and 8 – New Year holidays;
- January 7 – Christmas.
These days are equivalent to non-working days, when Russian labor legislation prohibits working (Article 113 of the Labor Code of the Russian Federation). The exception applies to urgent work necessary for the normal functioning of the enterprise: urgent loading and unloading or repair activities, continuous production cycle, public services (public transport, etc.). Management may involve personnel only after the written consent of the latter. A call is permissible without written consent if it is required to:
- prevent or eliminate the consequences of disasters and industrial accidents;
- prevent property destruction or accident;
- perform work necessary in conditions of martial law/emergency, emergencies and other circumstances dangerous to the life or normal existence of citizens (the entire country or part of it).
Work on holidays is also determined individually for employees of the media, cinema, theater troupes, concert organizations and other representatives of creative professions, which is reflected in internal documents.
For all other cases, the employee may work on January non-working days only on the basis of prior written consent.
Payment procedure: general provisions
The rule that is established for all wage systems and forms of ownership without exception is that earnings for work on holidays must be increased by no less than twice.
Thus, double payment is provided in production, offices, government agencies, etc.
The exception does not apply to the payment procedure accepted in the organization - instead of increased pay, the employee has the right to rest on another day for a standard single salary. Thus, with any remuneration system, with any organization of activities, with a shift work schedule, pay for work on holidays should be increased.
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Working hours in January 2021
The long-awaited time for Russians will soon come - the month when the whole country celebrates not only public holidays, but also church holidays - Christmas. January has the largest number of non-working days. The last working day of 2021 is Thursday, December 31st. The New Year holidays will last until January 10 inclusive. We start work on January 11, 2021. The production calendar for 2021 stipulates which days in January are paid double - from January 1 to January 10, if the employee is forced to work during this period.
IMPORTANT!
There are a total of 15 working days and 16 holidays and weekends on the 31 calendar days in January 2021.
It turns out that in January 2021 we work only 15 days. The rest of the time falls on holidays and weekends, and payment for New Year holidays, according to the law of the Russian Federation, is the accrual of labor remuneration in the usual amount. If the employee worked, he will be paid double. Double payment is not due to employees who require additional rest time for work during the New Year holidays.
ConsultantPlus experts have discussed how to correctly calculate your salary in January. Use these instructions for free.
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Payment procedure under normal schedule
Despite the reduction in the number of working days (there are only 15 left), this does not affect the salary. If the employee works the required days, he will receive his regular salary. This rule is established in Art. 112 of the Labor Code of the Russian Federation, the presence of holidays in a month cannot serve as a basis for reducing the earnings of salaried employees.
Employees on other systems for holidays on which they did not work are paid remuneration in the amount and manner established by internal regulations.
How do you pay for holidays?
On the eve of the New Year, mutual settlements with employees are carried out in 2 stages. If payment of wages must be made during the New Year holidays, then it is made on the eve of this day. From December 27 to December 31, 2021, payments for December 2021 are made.
If a person works already in January 2021, then wages will be paid accordingly in the New Year. Salaries will be paid in February, on the deadline set by the state. All contributions from the December salary are transferred to the budget in December. But from the January salary - in February.
Working during holidays and on weekends is prohibited (Article 113 of the Labor Code of the Russian Federation). However, in some cases (unforeseen situation, maintaining the continuous operation of the enterprise), it is simply necessary to involve employees in the performance of their duties, but only with their written consent.
There are cases when a person is called to work without his consent (for example, preventing a disaster, an emergency at work, etc.). In any case, if a person is forced to work on holidays or weekends, he is entitled to double pay (Article 153 of the Labor Code of the Russian Federation). You can replace double pay with an unscheduled day off, but this is only possible if the employee does not object to such a replacement.
If a person agrees to choose the latter option, then he will receive a standard payment, but the selected day of rest will not be paid. According to Art. 112 of the Labor Code of the Russian Federation, the employer is prohibited from discriminating against the rights of an employee and lowering his salary due to holidays. If the employer does not adhere to such rules and refuses to pay the employee double tariff for holidays, the employee has the right to contact the State Labor Inspectorate to protect his rights.
Shift wage system
Payment for holidays in January 2021 with a shift schedule is made based on these standards:
- a separate order on employment on holidays is not issued, since the procedure for organizing work is fixed in the internal labor regulations and a separate schedule;
- Based on general rules, work on holidays with a shift schedule is at least double the normal rate. An increased size can be installed within the enterprise.
Thus, the employer can decide how to pay for holidays in January 2021 for shift personnel, but he cannot pay less than the double tariff rate.
How is work paid during the New Year holidays?
Work from January 1 to January 8 is usually paid at least double the amount. If work is paid at hourly or daily tariff rates, double hourly or double daily tariff rates must be charged for work on a weekend.
How much money will an employee lose by taking time off after the New Year holidays? More details
According to Art. 153 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is paid as follows:
- piece workers - no less than double piece rates;
- persons whose work is paid at tariff rates - in an amount not less than double the tariff rate;
- persons receiving a salary - in the amount of not less than a single rate, if work on a weekend or non-working holiday was carried out within the limits of the monthly working time standard;
- persons receiving a salary - in the amount of at least double the daily or hourly rate for a day or hour of work in excess of the salary, if the work was performed in excess of the monthly working time standard.
The Labor Code of the Russian Federation also provides for another day of rest for work on weekends, but with a single payment. The employee must notify the employee of his intention to take time off in writing. At the same time, it is the day of rest that must be provided, and not the number of hours worked on the holiday. For example, if an employee worked two holidays and worked two hours each, then he should be given not four hours of rest, but two days off.
How are holidays paid in January 2021 on a rotational basis?
In the article we will analyze how payment for holidays is made when working on a rotational basis, and we will also give an example of calculating wages for “shift workers”.
A shift is the total period of time during which an employee was at the enterprise and did not return home.
The shift period includes not only the time during which the employee performed his job functions (shift), but also the period of rest between shifts, that is, the time spent in a place of temporary residence (rotation camp). According to Art. 299 of the Labor Code of the Russian Federation, the total shift period cannot exceed one calendar month.
Features for state employees
State employees often work on holidays, medical workers are periodically called on duty, and accounting employees need to go out to close the year. The Labor Code of the Russian Federation stipulates whether New Year holidays are paid in state institutions - yes: in a single amount if the employee did not work, and in a double amount if he was involved in work. Labor rules apply to all categories of workers, and public sector employees are no exception. Forced work on weekends and holidays is rewarded double.
How will shift workers be paid?
If the organization has adopted a shift work schedule, then management is allowed to involve employees on holidays. Remuneration for day and night shifts is calculated differently. The final payment for the New Year holidays with a shift schedule in 2021 is made as follows:
- If the calculation is carried out by the hour, then the salary is calculated as follows: cost per hour × 2 × total number of hours worked. Night hours are indexed by another 20%, i.e. the surcharge for night work increases.
- With the daily system, the calculation is similar: daily rate × 2.
- If the calculation is based on the monthly salary, then the volume of processing is taken into account. Any processing is paid double.
