Order on work on weekends (sample) for 2021. Notification of the employee

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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.

What to consider when filling out

When filling out an order, you must consider the following important points and perform the following actions:

In the event that the reason for the employee’s exit is not included in the list of those for which the consent of the staff is not required, and if the organization has a trade union, the consent of all called employees is mandatory.
The procedure for obtaining consent should consist of several steps in succession. First of all, they draw up a memo addressed to the head of the organization, reflecting the need for a conclusion and the reasons for such an action. Then those persons who will work on the weekend are familiarized with the text of the note and receive written confirmation of consent.
Confirmation of the fact of consent can be carried out using a signature in such a document. Next, the memo is registered in the internal documentation journal and is assigned a serial number (so that, if necessary, it is possible to provide a document containing the person’s consent to leave).
Submitting the note for consideration by the head of the organization, who has the right to regulate individual changes in staff exits during off-hours.
Receive the manager's resolution on the report. If the director approves the withdrawal of personnel, then the order itself is already drawn up.

It is worth noting that a separate document, the execution of which must also be carried out, is a written statement on how the employee wishes to compensate for his departure - by receiving payment or by providing time off.

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.

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: How to fire a disabled person of group 3 at the initiative of the employer

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.

Order to declare a working day sample

Compelling justifications for attracting an employee listing all the reasons and circumstances;
The employee is not a person in the preferential category who is prohibited from working on weekends;
A link to the employee’s approval for being called up to work on generally accepted weekends or holidays;
Permission of the trade union organization, if it exists at the production facility.

The manager’s order itself regarding a specific employee, indicating names and job responsibilities;
All circumstances that led to an emergency or man-made situation, a list of all persons who will work on the basis of this document, justification for approval on their part;
An order to the company's accountant to carry out wage calculations under special conditions on generally accepted weekends or holidays;
In case of refusal to pay, an explanation of the possibility of receiving an additional day off, on account of his working day;
An order to the personnel service to deliver a notice to the employee that he is being involved in additional work activities;

how to declare a working day at an enterprise as a holiday;
what an employer should take into account when planning to declare a working day a holiday;
how to prepare an order declaring a working day a holiday;
where can I find a sample order declaring a working day a day off?

If the employer does not intend to postpone anything, but simply plans to establish an additional day off at the enterprise, it is advisable to take the path of least resistance by issuing an order to provide the staff with a paid day of rest. A specific mechanism for paying for such “excessive” days off is not established by labor legislation, therefore, when developing an order, you should be guided by the recommendations of Rostrud - pay for a day of rest in the amount of the average daily earnings (letter No. 5202-6-0 dated December 19, 2007). Earnings retained for employees on days off do not reduce the taxable base for income tax.

IV. The transfer of military units, directorates, institutions and establishments, as well as all accounting materials, in accordance with the new boundaries of military districts, will be carried out by order of the Chief of the General Staff only after the formation of the directorate apparatus of the newly created military districts, but no later than October 1, 1945.

2. Reduce by half the remaining sentence for persons sentenced to imprisonment for a term of more than three years, except for those convicted of counter-revolutionary crimes, theft of socialist property (Law of August 7, 1932), banditry, falyvomonetry, premeditated murder and robbery.

Labor consultant

Rest is an inalienable right of every employee, clearly regulated by current legislation. However, there are also cases when the employer requires that you begin performing duties in your free time, that is, on weekends. What should a manager do in this situation and avoid penalties from inspection authorities?

Involve M.K. Zagorodniy, a specialist in the furniture manufacturing service, to perform duties on the day off March 8, 2018 from 8.00 to 12.00, on the day off March 8, 2021 from 12.00 to 16.00 M.I. Kutovoy, a specialist in the order fulfillment control service .
Pay for the work of Zagorodny M.K. on a day off at double the rate, Kutovoy M.I. provide rest of his choice with single pay for working hours on a day off.
Control over the implementation of the order is entrusted to V.L. Mukhin, a senior specialist in the order fulfillment control service.

We recommend reading: Do military personnel pay property taxes?

Order to reduce working hours sample form

But depending on various economic, production, or other factors, the length of labor time can be reduced, in which case the manager issues an appropriate order and each employee to whom such an order concerns is personally notified of the contents of such an act against signature.

If a collective or trade union requests a reduction in the working hours, a memo must be issued addressed to the employer (director) indicating the reasons that do not allow working full time and without harm to health.

Order to reduce working hours

It is necessary to indicate the date of the order, and in its text the date of establishment of the new working day. These dates must be separated by at least two months. The order indicates the new start and end time of the working day, the break hours allotted for lunch and rest. It should be indicated that payment will be made for time worked.

There are cases when a difficult economic situation arises at a particular enterprise: a reduction in production volumes, termination of contracts with customers and, as a result, a lack of funds.

In such a situation, the owners and management of the company are interested in preserving the team, retaining trained and qualified personnel during a difficult period for employees and the company.

But at the same time, maintain the economic feasibility of the activity and prevent serious losses.

Order on pre-holiday shortened working day

In the order on a short pre-holiday day, it is advisable to indicate on what basis and by how much the pre-holiday day is shortened, as well as a list of employees or departments to which it applies (or an indication that the order applies to the entire organization).

A different situation is possible. For example, in continuously operating organizations and in certain types of work, where it is impossible to shorten the pre-holiday day, issuing an order is advisable.

It will just help highlight the list of departments and employees who will not be able to work less on the eve of the holiday.

But for them, this extra hour will still be considered overtime and will be compensated by either providing the employee with additional rest time or, with the employee’s consent, payment according to overtime work standards (Part 2 of Article 95 of the Labor Code of the Russian Federation).

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.

Legislative norms

Art. 113 regulates the procedure for working on holidays. It also lists situations where employees do not have the right to refuse to go to work even on such days.
Art. 153 defines possible options for remuneration for work on holidays.
In Art. 259, 264, 268 list categories of citizens who are prohibited from being employed on weekends;
In Part 2 of Art. 372 states that the employer must take into account the opinion of the trade union.

The Code of Administrative Offenses of the Russian Federation establishes liability for violation of labor legislation (Article 5.27).

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.

Purpose of the document

The main purpose of the order is for staff to perform work duties in additional time and pay double the amount or provide time off at any time convenient for them.

The standard form for issuing an order to leave on a day off is not mandatory - each organization has the right to carry it out arbitrarily, but with the obligatory reflection of information that is necessary according to regulations and legislative acts.

Despite the strict regulation of possible grounds for the withdrawal of personnel, it is not established how long before the day off the employer is obliged to notify about such a fact - depending on the grounds for such an action, such notification can be carried out even directly on the day of such withdrawal.

Moreover, in order to notify the staff, it is not necessary to provide the order to everyone personally - sending it out via e-mail or posting a copy of the issued order on the organization’s notice board is quite enough.

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.

What compensation is due to an employee who worked on a non-working day?

Article 153 of the Labor Code prescribes 2 types of compensation:

Double wages
Single payment + additional rest time

The employee himself chooses the type of compensation; he indicates this in a statement written after the day he worked. Another option is to indicate the type of compensation in the order or agreement itself.

Amount of additional payment for work on a non-working day

The amounts of additional payments vary, and it depends on the form of remuneration of the employee.

According to the same Article 153 of the Labor Code of the Russian Federation

For piecework wages - double piecework rates.
When paying for a rate (tariff rate) - double rate.
Salaries are calculated based on the daily (hourly) rate. This takes into account the monthly working hours. If the work was carried out within the norm, then the amount will be no less than a single rate in excess of the salary. And if it is exceeded, then no less than double the rate on top of the salary.

Some examples of calculating additional payments for work on non-working days

Let's consider one special case when wages are paid at a daily rate.

In January 2021, P. Ivanov worked 21 days, including holidays and weekends: January 8, 13 and 20. The daily rate is 2000 rubles. The basic monthly salary will be:

(21 days – 3 days) x 2000 rub./day = 36,000 rub.

Additional payment for work on holidays and weekends will be:

3 days x 2000 rub./day x 2 = 12,000 rub.

The total salary due for January will be:

36,000 + 12,000 = 48,000 rub.

Example of salary calculations

In January 2021, V. Ivanov worked 134 hours. On January 8th (a holiday) he went to work and worked 6 hours, and on the 13th he took a vacation at his own expense. The employee's salary is 50,000 rubles.

The total number of hours worked did not exceed the standard working time - no more than 136 hours with a 40-hour work week. Result: In this case, there will be no doubling of the tariff rate.

How is the hourly rate calculated?

To calculate the amount of surcharge, you need to determine the hourly tariff rate. Employers do this in several ways of their choice (an option is often prescribed in a collective agreement or other local regulation:

We divide the monthly salary by the standard working time according to the production calendar;
We divide the monthly salary by the standard working time according to the employee’s current schedule;
divide the amount of n-salaries by the standard working time according to the employee’s schedule for n months (n is the duration of the accounting period)
the amount of 12 salaries divided by the standard working time for the year - this method is recommended by the Ministry of Health in Letter No. 16-4/2059436 dated June 2, 2014.

How additional pay is calculated for work on weekends and holidays can be found in the collective agreement or a special local regulatory act of the organization regarding wages.