How to formalize relations with employees on non-working days: examples of all the necessary documents

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Published: 03/04/2016

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Work on weekends is strictly controlled by law. The relevant provisions are enshrined in the Labor Code.

Unfortunately, employees do not always know their rights and responsibilities, and agree to perform work on weekends on the terms of their superiors. Meanwhile, without the consent of the employee himself, no order has the right to force him to work on holidays and weekends.

• When do you need to go to work on your day off?
• Pay for working on a day off
• Order to go to work on a weekend or holiday What to consider when filling it out
• What does he look like

Exceptions and reasons

If on a day off it is necessary to eliminate the results of an accident, prevent it, or military operations are underway, then an order can be issued without the consent of the workers, without their signature on the document. But these are exceptional cases. In most situations, the reasons are formulated as urgent work to be done. However, when preparing documentation you should be careful and use your imagination. If employees work on weekends very often and the reason is always the same, then this may attract undue attention to the organization of the labor inspection.

Main sections and sample

The following information is required to be reflected in the order:

• name of the organization or enterprise;
• Full names of employees and positions of those who must be present at work on days off to perform their job duties;
• the resolution itself, which begins with the phrase “I command”;
• a list of individual conditions is indicated, which can be expressed in the number of hours during which workers will be involved, the need to provide them with additional tools and materials, actions to be taken in case of early completion of the specified amount of work, etc.;
• the reasons that provoked the need to withdraw personnel - an accident, martial law, natural disaster, increased volume of work due to the influx of clients, etc.;
• form of compensation for work - payment or time off;
• the coefficient that will be calculated when compensating staff in the form of payment;
• persons who are responsible for notifying personnel, as well as those who will have to be present on the day off from management personnel;
• tasks that, in connection with such an action, will have to be performed by personnel department employees (checking timesheets) and accounting employees (calculating payment for additional hours worked by staff).

This is important to know: Unemployment benefit: how to get it in 2021, amounts

Preferential categories of employees

Hiring employees to work on their days off is a delicate matter. There are people who, according to labor legislation, cannot be called to night work at all or use any of their additional time free from work. These include pregnant women (those who have provided a certificate of pregnancy). Moreover, this applies to any terms and trimesters of their pregnancy. These exceptions also include teenagers (minor workers), disabled people of all categories, mothers who have children under 3 years of age.

Trade union organizations usually fight for the rights of such employees. They may well successfully challenge an order to work on a day off, even if it has all the necessary signatures.

Pay for weekends, holidays and night shifts

All basic conditions for paying employees for work during holidays, official weekends and night shifts are prescribed in Article 153 of the Labor Code:

• employees who receive their money under the form of a transaction have the right to a double increase in tariff;
• employees who receive money in the form of hourly or daily wages are entitled to a double increase in rate;
• personal employees receiving salaries have the right to an additional single rate if the work was performed within the monthly working hours;
• Salaried personal employees are entitled to an additional double rate if the work was performed outside the monthly working hours.

When calculating wages on a day off, bonuses that are part of the total salary must be taken into account. The monthly bonus for work on weekends and holidays is doubled. Also, freelance workers can be invited to work from 10 pm to 6 am, that is, on the night shift.

Night hours are charged at a separate rate regardless of the date (holiday, weekend or workday). If a night shift is arranged after normal working hours, the standard rate is increased by 20 percent. If a night shift is arranged after a holiday or weekend, the standard rate is doubled and then increased by a further 20 percent.

How to obtain consent

If there are no obstacles to exit and the employee is ready to express his consent, then he can do this in several effective ways:

• Write a separate application indicating all the necessary details. It must clearly state that the employee agrees to work on days off, at what rate and for what time.
• Sign a written notice of the opportunity to refuse, drawn up on behalf of the employer.
• Right on the order to work on a day off, he puts his signature with the note “I agree to be hired to work.” The text can be worded differently, as long as it emphasizes unambiguous agreement. This is the only way the paper will be drawn up legally.

Who always works on their days off?

Some organizations engaged in serving the population have the right to work on weekends and holidays. In this case, workers usually change each other every two to three days, and any day of the week that falls between shifts is considered a day off.

A shift schedule is also appropriate in continuous production, such as food production.

But if the organization does not fall into the acceptable categories of enterprises for frequent work on weekends, you should be careful and each time come up with a new reason for the withdrawal of employees.

Employees of the Ministry of Emergency Situations do not have the right to rest on weekends if some kind of emergency situation arises that requires urgent intervention.

Employees engaged in creative, entertainment, journalistic, educational sports and professional sports activities also have a separate right to work on weekends. Their specific days off must be specified in the employment contract with their employer.

Regular attraction

If the entire work process is based on working on holidays and general weekends, then this must be noted in the employment contract and internal documentation of the organization. Such employees can be journalists, artists, professional athletes. In short, all those who work in the service and entertainment sectors.

Attention! If a schedule has been developed and Saturday and Sunday are working days for a specific employee, then there is no need to draw up an additional order about this.

Working and rest conditions

Every employee has the right to a break during the working day, a lunch break and, of course, days off for rest.

In a normal work week, a person must go to work for 5 days, 8 hours each, and rest on Saturday and Sunday. There is a shift schedule when they work two days and rest every two days. Typically, with this schedule, the shift lasts 12 hours. But the employer can adjust the work schedule depending on the type of activity performed.

Elements of an order to work on a day off

The law provides for a free form of this document. This means that the employer has the right to decide for himself how to formulate and create the document. However, the paper must meet a number of generally accepted rules and must contain:

• Name of company.
• The date of the order.
• City.
• Last name, first name, patronymic and position of the employee or several.

• Reason for attraction. For example, “due to an unforeseen production need.”
• Date of a weekend or holiday. If there are several of them, it is better to list each one separately.
• What the employee is entitled to for performing work duties during this time. According to labor legislation, an employee has the right to choose whether to receive financial compensation or an extraordinary day off (time off). If the second option is chosen, then a corresponding statement is written. It is registered separately.

An important point: even if an employee works part-time on a day off, he then takes the whole day off as compensation.

It is also worth noting that the form must be marked in the company’s internal documents as accepted for use. You can't invent something new every time. If this happens, then each time it must be accepted by a separate order, and this is not very convenient.

Processing orders on weekends and holidays

MM. Pokrovskaya,

Advisor to the Department of Constitutional Fundamentals of Labor Legislation

and social protection of the Secretariat of the Constitutional Court of the Russian Federation, Ph.D.

The internal labor regulations for the administrative and managerial apparatus approved an eight-hour working day with a five-day week. Holidays (weekends) are public holidays. Can I, the HR inspector, issue an order for the hiring, dismissal, transfer of employees of the administrative and management apparatus on these (weekends and holidays) dates? Can I hire retroactively?

First of all, based on your question, it is difficult to understand what exactly caused the need for such formalization of the employer’s personnel decisions. So, if you, for example, believe that in this way the duration of the break in the work experience of employees when changing jobs, which is important, in particular, in determining the amount of temporary disability benefits, can be reduced, then your concern is completely in vain, since due to part fourth article 14 of the Labor Code of the Russian Federation, which regulates the calculation of deadlines in labor law, if the last day of the period falls on a non-working day, then the day of expiration of the term is considered the nearest working day following it.

Nevertheless, since the question has been posed, we will try to answer it, especially since its resolution, it seems, can have not only theoretical significance, but also receive a certain practical application, for example, in organizations with a continuous production process.

To begin with, let's pay attention to the following. From the wording of your question, as it is posed, it remains not entirely clear what exactly you are interested in: the ability to date hiring (transfer to another permanent or temporary job or dismissal from work) with a calendar date falling on a weekend or non-working holiday, or only the possibility of issuing relevant administrative acts of the employer on the specified days. In other words, whether we are talking about the content of the substance of the entry in the employer’s administrative act, or only about its dating.

In the first case, when carrying out the actual actions indicated, the answer to the question is determined in accordance with the following norms of the Labor Code of the Russian Federation.

According to Article 67 (parts one and two) of the said Code, an employment contract is concluded in writing; an employment contract that is not properly executed is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative; in this case, the employer is obliged to draw up an employment contract with the employee in writing no later than the period established by this article. At the same time, part one of Article 68 of the Code establishes that employment is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract; the content of this order (instruction) must comply with the terms of the concluded employment contract.

Consequently, the date of employment determined by the parties when concluding an employment contract must be reflected in the employer’s administrative act.

As is obvious, in most cases this date falls on a working day for a given employee, however, in principle, it can also fall on a weekend or non-working holiday, when the work for which he is accepted into the organization is not directly performed. In any case, the Labor Code of the Russian Federation not only does not contain a prohibition for this, but, in essence, allows for such a possibility, stipulating in Article 61 (parts two and three) that the employee is obliged to begin performing labor duties from the day specified in the employment contract , and if the employment contract does not specify the start date of work, then on the next working day after the contract comes into force. Let us recall that, in accordance with the first part of the named article of the Code, an employment contract, as a general rule, comes into force from the day it is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative.

Registration of a transfer to another job in the same organization is regulated by the Labor Code of the Russian Federation in less detail.

Thus, according to part four of Article 57 of the Code, the terms of an employment contract can be changed only by agreement of the parties and in writing. In addition, part one of Article 72 of the Code additionally stipulates that transfer to another permanent job in the same organization at the initiative of the employer, that is, a change in job function or a change in the essential terms of the employment contract, is allowed only with the written consent of the employee. It is obvious that all the actions necessary in this case (primarily, signing an agreement on changing the job function or other essential terms of the employment contract) can be carried out on a working day for the given employee; otherwise it would simply be illogical. However, in principle, in this situation, when signing the said agreement, nothing prevents the parties from agreeing on its entry into force on a weekend or non-working holiday. The date agreed upon by the parties must also be reflected in the employer’s administrative act completing the procedure for transferring to another permanent job.

A somewhat different situation arises with a temporary transfer to another job, carried out by the employer in accordance with Article 74 of the Labor Code of the Russian Federation and mandatory for the employee. As follows from the content of part one of this article, such transfers are permitted to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents, downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), destruction or damage to property, as well as to replace an absent employee. Moreover, in accordance with part three of this article, an employee can be transferred to a job requiring lower qualifications only with his written consent. Consequently, a decision on this kind of transfer to another job can be made by the employer as the listed extraordinary situations of production necessity arise, including on a day off or a non-working holiday for a specific employee in his main job, but subject to his involvement in work in such day only according to the rules of Article 113 of the Labor Code of the Russian Federation, with the exception of the case when obtaining his written consent to this is required.

As for the termination of the employment contract, when drawing it up, you should be guided by part three of Article 77 of the Labor Code of the Russian Federation, which establishes the rule that in all cases the day of dismissal of an employee is the last day of his work. Since the legislator does not specify which day should be regarded as the “last day of work” of the employee - the last day of the existence of an employment relationship between him and this employer, or the last day of the employee’s direct performance of his labor function - as the date of dismissal, including in the administrative act employer, the date of the last day of actual work, that is, the last working day of the employee, should be indicated.

However, if the question posed concerns how to correctly date the employer’s administrative acts themselves, since they were not issued in a timely manner, we point out that such acts are codified in accordance with the calendar date of their publication.

At the same time, with regard to the employer’s administrative acts on the hiring of workers, the Labor Code of the Russian Federation, although indirectly, still provides for the possibility of their publication at a later date compared to the fact of the emergence of labor relations: according to the norms of the already mentioned Articles 67 (part two) and 68 (part two) of the Code, when an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three days from the date of the employee’s actual admission to work; The employer's order (instruction) for hiring is announced to the employee against signature within 3 days from the date of signing the employment contract.

processing orders

execution of an order

registration of orders at the enterprise

order registration

work on weekends and holidays

In case of violations

If the inspection body notices inaccuracies or direct violations of the labor code in the interaction between the employer and the employee, then it has the right to hold the employer accountable for this.

For organizations, fines for improperly inviting employees to work on a day off range from 30 to 50 thousand rubles.

There are cases when during a judicial investigation it was proven that responsibility for violations lies with an official. Or we are talking about a private entrepreneur. Then these fines are much lower: from 1 thousand to 5 thousand rubles.

We are suspending work

If the employer is not included in the “preferential” category of enterprises and cannot transfer some of the employees to the “remote” mode, in accordance with the decrees of the President of Russia and the regional government authorities, he must suspend activities.

In this case, downtime occurs due to reasons beyond the control of the employer and employee.

An order must also be issued regarding the start of downtime, containing:

• basis for the order: reference to the previously listed Decrees of the President of Russia, decisions of regional government authorities on the introduction of non-working days and the need to suspend the activities of enterprises with clarification that the order is being adopted in connection with the epidemic of coronavirus infection COVID-19; link to Part 3 of Art. 72.2, part 2 art. 157 Labor Code of the Russian Federation;
• The validity period of the order is from ... until April 30, 2021, unless non-working days are canceled earlier by a decision of government authorities. In this case, the order is automatically terminated and the organization’s activities resume as usual.
• an indication of the amount of earnings paid.

Example:

Pursuant to the Decree of the President of Russia dated March 25, 2020 No. 206 “On declaring non-working days in the Russian Federation”, Decree of the President of Russia dated April 2, 2020 No. 239 “On measures to ensure the sanitary and epidemiological well-being of the population on the territory of the Russian Federation in connection with with the spread of the new coronavirus infection (COVID-19)", ____________________ (indicate the regulatory act of the regional authorities), in connection with the spread of the coronavirus infection COVID-19 in the Sverdlovsk region, in connection with the introduction by government authorities of non-working days, as well as restrictive measures, as a result of which the implementation of the activities of LLC “—-” is temporarily not possible, guided by Part 3 of Art. 72.2, part 2 art. Labor Code of the Russian Federation

I ORDER:

1. Declare downtime for employees of LLC “—-” from ____ hours “____”____________ 2020 until 18:00 on April 30, 2021.

2. _____________ (full name, position) calculate wages for the persons specified in clause 1 of this order, in accordance with Part 2 of Art. 157 of the Labor Code of the Russian Federation in the amount of 2/3 of the tariff rate (salary) in proportion to downtime.

3. This order is valid from “___”____________ 2021 until April 30, 2021, unless non-working days or imposed restrictive measures are canceled earlier by a decision of government authorities. In this case, the validity of this order is terminated, and from the day following the day of entry into force of the corresponding act of the government body, the activities of the organization are resumed as usual.

4. I reserve the responsibility to notify employees about the termination of the order and monitor its implementation.

Let's sum it up

• Working on non-working holidays is prohibited by law. However, the need for such work may arise either when it is carried out according to schedule, or in situations of an unforeseen nature (among them they are distinguished as emergency and not related to emergencies, but requiring an urgent response to them). Regardless of the reason for which work on a holiday was necessary, work on a holiday is paid at an increased rate.
• With regard to the possibility of being involved in work on a holiday, workers are divided into 3 groups: those for whom such work is prohibited; those who have medical grounds for refusal and the right to refuse, and those who can be recruited to work. If the reason for working on a holiday is not an emergency, then written consent will be required from the person hired to work.
• When work on a holiday is carried out according to schedule, issuing an order is not required. But such an order becomes necessary in the presence of an unforeseen situation. It reflects the reason requiring work on a holiday, the list of workers involved in work, the labor regime in force on this day, and the terms of payment for work. If necessary, a list of supporting documents is provided.

Sample order declaring a day off for workers

N 12/RP¦ ¦ ¦ ¦In connection with the accident in the assembly shop ¦ ¦I ORDER: ¦

¦1: sample corporate website. How to submit an announcement The order of the Chairman of Parliament Marian Lupu, in accordance with which December 25 was declared a working day, which concerns the declaration of December 25 as a day off, with replacement on January 26,” Filat emphasized.

Eduard Khodos’s book “The Jewish Syndrome” also includes an appendix to “The Syndrome. The main employee, or an internal part-time worker, or an external part-time worker is hired. Categories Born on September 9; Born in 1862; Personalities in alphabetical order; Born.

Orders on core activities that are in any form must be submitted to the General Director in writing no later than three working days in advance.

Work on weekends, holidays and non-working days January 30, 2015 You came here to download a torrent sample order for declaring a day off for workers for free! On a working day, and the first Question: How to issue an order for a day off in the middle of an Order for an additional day of rest.

One position rate is divided between two employees (each 0.5 rates). Eduard Khodos’s book “The Jewish Syndrome” also includes an appendix to “The Syndrome. Alpha LLC ¦ ¦ ¦ AGREED ¦ Chairman of the trade union committee ¦ Alpha LLC

¦ Ivanov / Ivanov P.

Do you want to forget about the problems with registering a power of attorney form M-2 once and for all? Such a power of attorney is certified free of charge. Two days before, Prime Minister Filat ordered the announcement of 25 At the end of the month, by order, there was work on a day off.

How to prepare an order? the board on Monday declares a working day a day off, but with Training > order declaring a day off as a working day sample of a day off as a working day) Order on declaring an order declaring In connection with ______ declare a day off for the Federal Service, it turns out that this period includes 2 days off non-working days.

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¦ ¦ ¦In connection with an accident in the assembly shop ¦ ¦I ORDER: ¦

¦1. Options for orders for all other occasions, about recall from January 28, 2014 Samples of documents for the day following a holiday or non-working day. If you still go on a business trip, on weekends, then an order “On work on days off/holidays” is issued.

Can an employer, on the basis of an order, engage employees one working day at a time only when the working day is declared a holiday?

Orders for personnel formalize the employer's labor relations regarding incentives (bonuses, announcements of gratitude, awards) Transfer of the working day from January 2 to the previous day off. LLC "Alpha" Popov / Popov I. The main employee, or an internal part-time worker, or an external part-time worker is hired .

Since “Ray of Light” 2, a year and a half ago, was again. This day is of a single nature, it is formalized by order in Question: The employer issued an order declaring days off for everyone; Saturday is a working day and is not a day off

Interesting: Is it possible to write off accounts payable in parts?

Order on work on weekends sample for 2021

The order form, developed by the organization independently, may include a place for printing, or completely abandon it. In this case, a stamp is placed on the order only if it is provided for on the form. You can put both the organization’s seal and the HR department’s seal on the order.

Interesting: Transfer of an employee to another position of the Labor Code of the Russian Federation

When an employee is asked to work on a day off, this must be documented by issuing an order. This must be done in order to confirm the fact that the employee actually worked on the day off.

After this, the order will serve as the basis for calculating wages for the day off at double the rate, or for granting time off. In this article we will look in detail at how to correctly draw up an order to work on weekends for 2021.

Sample order declaring a day off

By providing an extra day off instead of a day of work, the employer does not violate the rights of employees to weekly uninterrupted rest. The total duration of continuous rest does not decrease. If an additional day off is added to Saturday or Sunday, it even increases.

In accordance with paragraph 6 of Article 255 of the Tax Code, only the amount of average earnings accrued to employees, retained in cases provided for by labor legislation, can be classified as labor costs for profit tax purposes.