Working conditions on a holiday, a non-working day, differ from normal conditions; according to this, work on a holiday should be paid no less than double (Article 153 of the Labor Code of the Russian Federation). In the article, we will look at who an employer can hire to work on a holiday, as well as how they pay for work on holidays. Depending on the remuneration system used, pay for work on holidays will vary:
| Salary | Pay for working on days off |
| Piecework | Double size |
| Time-based, based on the tariff rate (day, hour) | Double tariff rate |
| Salary | Within the monthly norm, it is paid in excess of the salary in the amount of a single part (hourly or daily) If in excess of the monthly norm, it is paid in excess of the salary in the amount of a double part (hourly or daily) |
Double wages per day off is the minimum amount. Companies have the right to set a larger size. In this case, the amount of payment is prescribed in the labor or collective agreement and the local regulatory act of the organization.
Important! If you pay for work on a day off in less than what is provided for by labor legislation, then the company will be fined in the amount of 50,000 rubles.
How are New Year holidays paid in 2021?
In accordance with the norms of Article 112 of the Labor Code of the Russian Federation, piece workers and employees receiving wages at tariff rates are paid additional remuneration for the New Year holidays. The amount and procedure for payment of remuneration is determined by the employment contract or regulations on remuneration. In such organizations, local regulations, an employment contract or a collective agreement establish the procedure for calculating the average salary in months that fall on non-working holidays. These are increased rates and surcharges. Are salaried employees paid for New Year holidays? Yes, as usual. All employees receiving a salary must be paid for January 2021 in the same amount as in other calendar months. For workers on a piecework basis, the salary for January does not differ from other calendar months due to the recalculation of the cost of the shift.
The procedure for attracting employees to work on a holiday or day off
Work on weekends and non-working holidays is prohibited, except in cases provided for by the Labor Code of the Russian Federation (Article 113 of the Labor Code of the Russian Federation). Employees are invited to work on such days with their written consent and by written order of the employer.
Without consent, it is allowed to involve employees to work on weekends and holidays in the following cases:
- to prevent a catastrophe, industrial accident or eliminate their consequences;
- to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
- to perform work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances.
Creative workers of the media, cinematography organizations, television and video crews, theaters, etc., involved in the creation and (or) performance of works, are allowed to work on weekends in the manner established by the collective agreement, local regulations, or employment contracts.
Are holidays grounds for reducing wages?
Article 112 of the Labor Code of the Russian Federation enshrines guarantees that do not allow employers to reduce wages to employees due to vacations. In addition, the employer is obliged to pay the full amount due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, and the employment contract. If the management of an organization refuses to pay wages during the New Year holidays in accordance with the law, employees should file a complaint with the state labor inspectorate, the prosecutor's office or the court. Are New Year holidays paid if you don’t work? No, only if you are registered with the employment service. In this case, unemployment benefits will be paid in full.
Restrictions for certain categories
It is prohibited to involve minors (Article 268 of the Labor Code of the Russian Federation) and pregnant women (Article 259 of the Labor Code of the Russian Federation) in performing labor duties on holidays.
For some categories of employees, it is allowed to perform work duties on holidays only if there is no prohibition for health reasons. It is mandatory to obtain consent from employees, even if the exit is due to an emergency situation. These employees include:
- disabled people;
- women with children under three years of age;
- parents raising a child without a spouse, guardians of children under the age of five;
- parents, guardians of disabled children;
- employees who care for a family member based on a medical certificate.
How are New Year holidays paid for those who work during the holidays?
According to Art. 153 of the Labor Code of the Russian Federation, work on a weekend or a non-working holiday (and in 2021 this is the period from January 1 to 8) is paid at least double the amount. Which days in January are paid double is established in the Labor Code of the Russian Federation. Payment is carried out according to the rules:
- for piece workers - no less than double piece rates;
- persons whose work is paid at tariff rates - in the amount of at least double the tariff rate;
- for 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 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.
However, an employee who worked on the weekend may decide to take time off. In this case, work on days off is paid at a single rate. But the employee communicates his choice (to take time off or not) in writing - then there will be no disagreements in the future.
If he refuses to take time off, the additional payment is calculated as follows:
Salary / number of working hours in January 2021 × number of hours worked × 2.
For information: in accordance with the production calendar for 2021, working time standards in January for a five-day week will be:
- with a 40-hour work week - 136 working hours;
- at 36 hours - 122.4;
- at 24 hours - 81.6.
What is meant by weekends and holidays?
All employees are provided with days off - the so-called weekly uninterrupted rest. Sunday is considered a general day off. Second day off at five
The daily working week is established by a collective agreement or internal labor regulations (Article 111 of the Labor Code of the Russian Federation). The duration of weekly continuous rest cannot be less than 42 hours (Article 111 of the Labor Code of the Russian Federation).
Working hours can vary greatly among different employers:
- five-day work week with two days off on Saturday and Sunday (including shift work);
- five-day work week with two floating days off;
- six-day work week with one day off on Sunday;
- six-day work week with one floating day off;
- part-time work week;
- 12-hour (n-hour) work shifts (e.g., day, night, night, weekend);
- 24-hour work shifts (for example, every other day);
- shift work method, etc.
Accordingly, days off can be provided on different days of the week, most importantly - weekly. The work schedule, if it differs from the generally established one, as well as the shift schedule must be brought to the attention of employees in advance.
With non-working holidays everything is simpler. Their list is contained in Art. 112 of the Labor Code of the Russian Federation, this is:
- January 1, 2, 3, 4, 5, 6 and 8—New Year holidays;
- January 7—Christmas Day;
- February 23 - Defender of the Fatherland Day;
- March 8—International Women's Day;
- May 1 - Spring and Labor Day;
- May 9 - Victory Day;
- June 12—Russia Day;
- November 4 is National Unity Day.
