How to pay for work on days off and non-working holidays

Which holidays in November 2021 are paid double. size in Russia?

According to the Russian production calendar, in November 2021 there are 20 workers in the country (including 1 laid-off worker) and 10 days off and holidays.

Standard working hours:

• with a 40-hour work week - 159 hours (20 x 8 - 1, where 20 is the number of working days, 8 is the duration of the work shift, 1 is the number of shortened working days);
• at 36 hours – 143 hours (20 x 7.2 – 1);
• at 24-hour – 95 hours (20 x 4.8 – 1).

ATTENTION! This version of the 2021 production calendar is preliminary. The working version of the production calendar for 2021 will be known only in the fall, because that’s when the Russian government will issue an order to postpone days off that fall on official holidays.

The production calendar for November 2021 with holidays approved by the government of the Russian Federation with a five-day working week. See also the entire 2021 production calendar with official holidays and weekends.

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Holidays and weekends in November 2021 in Russia are approved for 10 days. Including 1 public holiday: “National Unity Day” (November 4)

Holidays: state and professional

In addition to the main official Day of National Unity, which is recognized as a non-working day in the Labor Code of the Russian Federation, there are several more significant dates this month:

• Bailiffs celebrate on the 1st;
• 5th - professional date for military intelligence officers;
• International Accounting Day and the professional date of the police - the 10th;
• Accountant and Tax Authorities Day - 21st;
• The 27th is a professional date for appraisers.

Also this month there are a dozen more different folk and professional dates. True, on these dates all Russians will have to work according to the usual schedule.

Legal documents

• Article 112 of the Labor Code of the Russian Federation. Non-working holidays
• Article 120 of the Labor Code of the Russian Federation. Calculation of the duration of annual paid leave

We pay for the New Year holidays 2020-2021 correctly

Which days are non-working days in 2021?

According to the Russian production calendar, in November 2021, the country has 9 days as holidays or weekends and 21 working days.

Hourly rate

Tariff and non-tariff wage system

Labor participation rate

How are you paid for working on holidays?

Power of attorney to receive salary

For being hired to work on holidays, employees are paid increased wages or, with their consent, are given an additional day of rest. However, payment for holidays during a shift schedule has its own characteristics.

The company's staffing table specifies monthly salaries. Sales manager Smirnova works on a shift schedule. Manager's salary - 45,000 rubles. In January 2021, the monthly time limit is 120 hours.

Smirnova worked 15 shifts of 8 hours in January, of which 3 shifts fell on holidays - January 3, 6 and 8. The monthly time limit was not exceeded (15 cm x 8 hours = 120 hours).

How the payroll was calculated:

First the daily rate is determined:

salary 45,000 rub. / 15 shifts = 3000 rub.

Then an additional payment is accrued for shifts falling on holidays:

3000 rub. x 3 cm = 9000 rub.

The final amount of Smirnova’s salary for January 2021 was:

salary 45,000 rub. + additional payment 9000 rub. = 54,000 rub.

In the organization, controller Ivchenko was scheduled to work on shifts on May 1 and 9. The established time standard for May 2021 is 152 hours, and Ivchenko worked 21 shifts of 8 hours each in May, for a total of 168 hours. Storekeeper's salary is 34,000 rubles.

How wages were calculated:

• First we determined the hourly rate:

salary 34,000 rub. / 152 hours = 223.68 rub.;

• then calculated the salary for holiday shifts:

2 cm x 8 hours x rate 223.68 rub. x 2 = 7157.76 rub. ;

• determined the total amount of wages for the month:

salary 34,000 rub. + 7157.76 = 41,157.76 rub.

How to apply for work on a day off

Working on a weekend is only possible if there is a justification. Going to work on a day off or NAP is formalized by order or directive, subject to the employee’s written consent to work on a legal day off.

If you have any unresolved questions, you can find answers to them in ConsultantPlus.

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Holidays and weekends in 2021

The schedule introduced at the enterprise may allow a shift to begin on one day and end the next. Therefore, a holiday or weekend may involve only a few hours of work shift. In Part 3 of Art. 153 of the Labor Code of the Russian Federation stipulates that increased payment in this case is made only for hours actually worked on a holiday or weekend (from 0 to 24 hours).

1) with the written consent of the employee - if it is necessary to perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual structural divisions, or an individual entrepreneur depends (part two of Article 113 of the Labor Code of the Russian Federation);

2) without the employee’s consent - in emergency situations or when there is a threat of their occurrence, namely:

• to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
• 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, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases posing danger threat to the life or normal living conditions of the entire population or part of it.

Article 113 of the Labor Code of the Russian Federation also provides that in relation to certain categories of workers, the procedure for attracting to work on non-working holidays can be established by a collective agreement , a local regulatory act, or an employment contract: workers of the media, cinematography organizations, television and video crews, theaters, and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations . The specified list was approved by Decree of the Government of the Russian Federation dated April 28, 2007 No. 252.

also possible to be involved in work on non-working holidays and in other cases with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization. This possibility is provided for by part five of Article 113 of the Labor Code of the Russian Federation.

Well, the most important exception under Article 113 are cases when the establishment of a non-working holiday does not affect in any way:

• continuously operating organizations carrying out work, the suspension of which is impossible due to production and technical conditions;
• work caused by the need to serve the population;
• urgent repair and loading and unloading work.

Summarizing the information, we can conclude under what conditions work on holidays is allowed:

• when there are legal grounds for attraction;
• with the written consent of the employee, if it is provided for by law;
• consent of the trade union body, when provided;
• written order from the manager - always.

If an employee is required to work on non-working holidays, he is provided with compensation in the form of an additional day of vacation or increased material pay. At the same time, the payments established by the collective agreement, agreements, local regulations, and employment contracts cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms (Article 149 of the Labor Code of the Russian Federation).

The main legal regulation of compensation for work on holidays is provided for in Article 153 of the Labor Code of the Russian Federation:

• for piece workers - no less than double piece rates;
• employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
• for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.

The Labor Code of the Russian Federation enshrines precisely the guarantees for wages, i.e. minimum stipulated compensation , however, no one prohibits increasing the level of wages on holidays and non-working days by local regulations.

Another method of compensation provided for in Part 3. Article 153 is the provision of another day of rest . The employer only needs the employee’s consent ; without consent, this type of compensation is not applicable. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

Paying a day off at a single rate means that a salaried employee is paid a single daily rate in addition to his salary. Wages (salary) in the month when a day of rest is used is not reduced. It does not matter whether the employee takes a day of rest in the current month or in subsequent ones.

For such categories of workers, as in Part 4 of Article 153 of the Labor Code of the Russian Federation, the procedure for payment for work on non-working holidays may be determined on the basis of a collective agreement, local regulations, or employment contract . These are creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions these workers, approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

In addition, Article 290 of the Labor Code of the Russian Federation establishes the specifics of remuneration on a non-working holiday for employees who have entered into an employment contract for a period of up to two months . For them, compensation is provided only in cash - no less than double the amount. Thus, the Labor Code of the Russian Federation does not provide them with the right to receive an additional day of rest in exchange for increased pay.

Even if an employee worked on a non-working holiday in accordance with his schedule, he is entitled to increased pay . In this case, he does not have the right to be granted another day of rest, since the work was carried out within the limits of the monthly working time standard.

If work on a holiday was not included in the standard working hours, then, with the consent of the employee, monetary compensation can be replaced by providing him with another day of rest. In this case, payment for work on a holiday is made in a single amount.

It is also necessary to pay attention to the fact that when calculating overtime hours, work on holidays performed in excess of normal working hours should not be taken into account, since it is already paid in double amount.

The legislator established compensation not only for work, but also for the performance of socially significant functions on non-working holidays . In particular, in the case of donating blood and its components on a non-working holiday, the employee, at his request, is given another day of rest (part three of Article 186 of the Labor Code of the Russian Federation). At the same time, the employer retains for the employee his average earnings both for the day of delivery and for the days of rest provided in connection with this (part five of Article 186 of the Labor Code of the Russian Federation).

←October 2021 December 2021→ November 1, 2021Monday

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Salary and holidays

November 4, 2021 will not affect the salaries of those Russians and foreign citizens who work 40 hours a week from Monday to Friday and receive a fixed salary. It will not become less, since employers do not have the right to reduce the salary in this case. For those for whom time-based payment is provided, this day, of course, will not be paid at the established rate, since it is a non-working day, but it will still have to be calculated at the average rate. No one will lose any income due to additional rest. To find out what paid holidays there are in November, just look at Article 112 of the Labor Code of the Russian Federation. Only national holidays and calendar days off do not reduce payment.

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As a general rule, in the case of unforeseen work, on the urgent completion of which the normal work of the organization or its structural divisions depends, as well as in other cases, taking into account the opinion of the elected body of the primary trade union organization, the employee may be required to work on a weekend or holiday. But this will require the written consent of the employee (Part 2 of Article 113 of the Labor Code of the Russian Federation).

You can do without the employee’s consent to work on holidays or weekends if the employee is involved in work to prevent a disaster, industrial accident, natural disaster or their consequences and in other similar force majeure circumstances (Part 3 of Article 113 of the Labor Code of the Russian Federation).

We remind you that disabled people and women with children under 3 years of age can be recruited to work on weekends and non-working holidays only if this is not prohibited for them due to health reasons in accordance with a medical certificate. In addition, such persons will need to be informed, against signature, of their right to refuse to work on weekends or holidays (Part 7 of Article 113 of the Labor Code of the Russian Federation).

If there are circumstances that allow the employer to involve employees in work on weekends or holidays, the employer must issue a corresponding order.

For “holiday” work or work on weekends, payment according to the Labor Code of the Russian Federation provides for the use of at least double tariffs. The above means that such work is paid (Part 1 of Article 153 of the Labor Code of the Russian Federation):

• for piece workers - no less than double piece rates;
• employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
• for employees receiving a salary - in the amount of no less than a single daily or hourly rate (part of the salary for a day or hour of work) in addition to the salary, if work on a weekend or holiday was carried out within the monthly working time norm, and in an amount of not less than double the daily or hourly rate (part of the salary per day or hour of work) in addition to the salary, if the work was performed in excess of the monthly working time standard.

Please note that specific wages on weekends or holidays may be higher than those indicated above. The procedure applied must be established by a collective agreement or a local regulatory act of the employer (Part 2 of Article 153 of the Labor Code of the Russian Federation).

Cases in which an employee may be called on a holiday or day off

In general, regardless of what work schedule is stipulated in the contract between the employer and employees (five-day, six-day or floating), an employee cannot be brought to work on the day when he has a legal day off.

However, in almost every organization situations occur from time to time when this rule has to be broken. This is especially true for enterprises of increased responsibility, the shutdown of which can lead to irreparable consequences.

Employers must know in what situations they can disrupt an employee’s rest and call him to work on a day off, as well as what this will require. There are only two of them:

1. If the enterprise has problems that need to be solved urgently, that is, those without the immediate elimination of which the further functioning of the business entity is impossible. As for documentation, the employee must write a written consent to the call, and the employer must formalize it in the form of an order. But, despite this, the employee has the right to refuse to come to work when called on his day off, and the employer cannot apply any sanctions to him.
2. The occurrence of emergency situations associated with accidents at the enterprise, the impact of natural disasters and other types of disasters that need to be promptly prevented or their negative consequences eliminated. In such a situation, the employee can be forcibly summoned and written consent is not required from him. This is especially true for leading specialists of companies in various fields (often utilities).

If the call is forced, it must also be paid.

Production calendar November 2021

Increased payment is made to the employee for hours actually worked on a weekend or holiday. Therefore, if an employee worked on a day off or a holiday for more than a whole day or shift, then the increased payment will also be made not for the whole day, but in proportion to the time actually worked (Part 3 of Article 153 of the Labor Code of the Russian Federation).

Instead of double pay - a day off

If an employee who worked on a weekend or holiday wishes, he may be given another day of rest in exchange for a working day off (holiday). In this case, work on a weekend or holiday is paid at a single rate, but a day of rest is not paid (Part 4 of Article 153 of the Labor Code of the Russian Federation).

When an employer pays an employee for work on a day off or a holiday and for such work the employee was not given another day of rest, payment for a working day off should be calculated not only based on salary, but also taking into account compensation and incentive payments, regional coefficients, and percentage bonuses. The Constitutional Court came to this conclusion in its Resolution No. 26-P dated June 28, 2018.

however, there are exceptions to this rule. Instead of double pay for rest, an employee who worked on a day off/non-working holiday may be given another day of rest.

An employee can choose from two options for remuneration for his work on weekends (holidays): 1.

double payment for that day, taking into account the work performed or volume.

Any organization (regardless of its form of ownership) must provide its employees with days off. There may be several modes to which the work of an enterprise, institution or organization is subject: Whatever the work schedule, it must strictly obey one rule - specialists cannot be involved in the work process during non-working periods, since the law protects the employee’s right to full rest.

Any organization (regardless of its form of ownership) must provide its employees with days off.

There may be several modes to which the work of an enterprise, institution or organization is subject: Whatever the work schedule, it must strictly obey one rule - specialists cannot be involved in the work process during non-working periods, since the law protects the employee’s right to full rest.

Issues of compensation payments for overtime work concern both employees and personnel who in one way or another represent the employer. Accounting employees must comply with the rationing of wages on weekends, personnel officers must accompany the call with the necessary documentation, and employees must receive a well-deserved reward for canceling their family plans and working instead of free time.

A non-standard work schedule will not allow you to rest

Citizens who work in continuously operating companies or are employed in jobs where it is impossible to reduce the duration of the shift will not always be able to rest on 04.11. This shift schedule is provided for:

• doctors;
• employees of security agencies and law enforcement agencies;
• employees of the Ministry of Emergency Situations;
• emergency workers;
• workers in production with uninterrupted operation;
• for regular sellers.

These people must ensure the normal functioning of other citizens, but employers should not forget about them either. According to labor legislation, holidays in November 2021 in Russia (and at other times) are paid at double the normal salary or tariff rate, or the employee is given additional rest time on a date of his choice - the so-called time off. The same rule applies to those employees who did not have time to return from a business trip on the holiday. They should also be paid double salary for these dates.