How work and rest are paid from January 1 to January 8, 2021

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.

How we work in January 2021

New Year holidays are just around the corner. And the question of the duration of rest at this fabulous time of year is relevant again.

The duration of vacations is different for all workers. It all depends on the work schedule.

1. Five days. The workers on the five-day week are the lucky ones. They are entitled to the longest rest. The five-day vacation will last from 01/01/2020 to 01/08/2020 inclusive. Eight whole days.
2. Six days. This year, those working on a six-day schedule rest with everyone else - from January 1 to January 8.
3. Shift work. Those working on a shift schedule are less fortunate. For them, the duration of the vacation is determined in accordance with the approved work schedule. You should familiarize yourself with this at the company where you work.

We have decided on the duration of the vacation, now we will figure out how holidays are paid in January 2021 in Russia and what nuances to take into account about salaries in January.

If vacation is in January

The Labor Code does not contain a ban on granting leave during the holidays - from January 1 to January 10, 2021, but it must be taken into account that it is extended by the number of non-working days falling on it. According to Art. 120 of the Labor Code of the Russian Federation, non-working holidays falling during the period of the annual main or annual additional paid rest are not included in the number of calendar days of vacation. Let's say an employee takes vacation from January 1 to January 14, 2021 and does not indicate the date of return to work and the number of days of vacation. In this case, his vacation is automatically extended by the number of non-working holidays - by eight days. That is, according to the Labor Code, the employee’s rest will last until January 22, and he must appear at work on January 23, 2021. To avoid conflict situations and misunderstandings, we recommend specifying the number of days and date of return to work in the application.

General rules for paying for weekends and holidays

The current labor legislation stipulates that work on weekends or holidays is subject to increased pay. According to Article 153 of the Labor Code of the Russian Federation, the employer is obliged to pay for work on holidays an amount of no less than double the person’s basic pay.

It is not prohibited to establish additional payments to employees in a larger volume. If the financial capabilities of the enterprise allow it, then its multiplicity, which differs from the norms of the Labor Code of the Russian Federation, should be fixed in local regulations for the organization: in a collective agreement or regulations on remuneration. It is impossible to establish an additional payment less than that stipulated in Article 153 of the Labor Code of the Russian Federation.

Instead of double pay, the employee has the right to demand additional time off and work on a holiday to receive time off. If time off is provided, double payment is not made. As a result, the employee receives payment for work on a day off as for a regular working day (in a single amount), and also gets an extra day off.

IMPORTANT! Personal income tax will be withheld from wages for working during the New Year holidays. The accountant will also have to calculate insurance premiums.

How to pay overtime during winter break

If an employee performs official duties during the New Year holidays overtime, payment for New Year holidays, according to the law of the Russian Federation, is made according to the rules of Article 153 of the Labor Code of the Russian Federation - at least in the amount of double the tariff rate. The payment is not taken into account when determining the duration of overtime work, subject to payment at an increased rate, in accordance with Art. 152 Labor Code of the Russian Federation.

To correctly pay for holidays in January, correctly formalize the recruitment of employees to work. To do this, you first need to obtain the consent of the staff, issue an order from the manager, which is familiarized with the signature of all involved subordinates. The order must provide the reasons for the need to work on New Year's holidays and a list of persons who will have to work on the holiday. If an employee who has agreed to work on holidays does not come to work, disciplinary action will be taken against him.

What are considered weekends and holidays?

The definition of holidays is simple: non-working holidays are legally established days when all working citizens rest in the general manner.

It's a little more difficult with the weekends.

As the law states, every employee has the right to have days off.

The number of days off depends on the internal operating mode of the organization. If it is on a five-day week, then it means its employees have two days off, Saturday and Sunday, if the company has a six-day week, then it has one day off - necessarily Sunday.

If necessary, some hired employees may be given any other days of the week as days off.

But, according to the Labor Code of the Russian Federation, this must be specified in internal regulations or in collective and labor agreements. If everything is done as it should be, then work on generally accepted weekends, that is, Saturday and Sunday, will not be paid in a special manner, since these days will be equated to regular working days.

Weekends and holidays for 2021 are clearly presented in our production calendar, and every employer should rely on this data when calculating wages.

As mentioned above, every hired employee is entitled to a weekly uninterrupted rest. In most organizations it is two consecutive days off. But at some enterprises, the weekend schedule may differ from the generally accepted one, which is usually caused by production needs. True, in such cases, the transfer or reduction of days off must be supported by documentation. The documents justifying changes in holidays primarily include:

• order from the company's management. This order must clearly state the reasons for overtime work on weekends and holidays, as well as the position and name of the employees who must do it;
• written consent from the employee.

At the same time, it should be remembered that there are categories of persons who, under no circumstances, by order of management, can be involved in work on weekends and holidays.

These are women expecting a child, minor workers (until they reach 18 years of age, but only if they are not representatives of creative professions - they can work on weekends and holidays), as well as workers with some medical contraindications, etc. .

However, in case of voluntary consent expressed in writing, these categories of employees may be allowed to work outside of normal hours.

At the same time, they must be informed, against signature, of their right to refuse work at any time.

How to achieve the required payments?

Both state institutions and private companies commit violations of employee rights. The above scheme (“virtual day off”) is used along with other ways to deceive the hard worker. Some are asked to go out on “red days” on parole, others have their time sheets filled out incorrectly (the number of hours actually worked is reduced).

The algorithm for asserting rights consists of 3 elements:

1. Work only when ordered. It must be submitted to the employee against signature and may be photographed.
2. Correctly filled out timesheet. Take the time to make sure that the hours worked are entered in full.
3. Full calculation of the amount. Finally, the accounting department must correctly calculate the final salary.

If at some stage the rights are violated, the employee has the right:

1. Refuse to work if the order to leave on a working day is not issued (with written notice to the employer).
2. File a complaint against the employer’s actions with the labor dispute commission or a lawsuit in court.

To prove the fact of working on a holiday or day off

, you should keep documents confirming this fact. It is permissible to refer to photographic and video materials and witness testimony.

But it is better, of course, to immediately warn the employer that his employee is aware of the provisions of Article 153 of the Labor Code of the Russian Federation. And ask to honestly comply with them, calculating the payment correctly.

How to take/open sick leave during the holidays?

New Year holidays

New Year's holidays always mean a good mood, games in the snow and many fun activities for both children and adults. New Year's holidays usually last at least nine days in a row and, of course, many can argue about whether to give an employee who undermined his health sick leave on New Year's holidays or not.

On New Year's holidays, medical institutions do not work in the manner prescribed by law and most medical workers are away from the workplace.

However, if you need help due to an illness or injury, then, in accordance with the Order of the Ministry of Health and Social Development of our country dated August 1, 2007, number 514, sick leave is issued even on weekends and holidays, at the time the disease is diagnosed or if its treatment occurs in outpatient conditions.

If a doctor refuses to give you sick leave for the New Year holidays (this may happen, since not all medical workers know and comply with the law), then contact the head doctor of the institution or contact the Ministry of Health. Sick leave during the New Year holidays must be provided and refusal in this situation is unlawful.

May holidays

The May holidays are also long public holidays. If the weekend falls between May 1 and May 9, you may not appear at your workplace for more than one week. But even in such a warm season, it is possible to get sick and need treatment.

Many people are faced with the question: what is more profitable, getting disability leave or resting on holidays without resorting to medical help? Despite the fact that applying for sick leave involves some paperwork, getting it is much more profitable than letting the illness take its course.

Paying sick leave on holidays does not involve tax charges, which means that the amount you receive upon returning to work will be a little nicer than payments on holidays and days of rest not related to illness.

When a diagnosis is made, and given your poor health, you cannot be denied a sick leave certificate.

Payment for salaried employees on holidays

If a salaried employee was not required to work during the New Year holidays, then he is not entitled to additional payments. But the employer is obliged to pay the full official salary if the subordinate began performing official duties on January 9 and worked all 17 working days of the month.

If the salary worker was nevertheless called on the weekend, then payment for holidays in January 2021 depends on two conditions:

• whether the specialist worked within the monthly norm or above it;
• whether the employee took time off or refused it.

If work on weekends is within the monthly working time norm, then calculate the additional payment using the formula:

Official salary / number of working hours in a month × number of hours worked on a holiday.

If work on a weekend exceeded the monthly working time standards, the employee should decide whether to take time off or not.

If a specialist decides to take a day off, here’s how New Year’s holidays are paid in 2021:

Official salary / number of working hours in a month × number of hours worked on a holiday.

If you decide not to take time off, the amount of additional payment increases at least twice:

Official salary / number of working hours in a month × number of hours worked on a holiday × 2.

Let us remind you once again that the employer has the right to approve an increased amount of additional payment, for example, not double, but more. But payment of less than double the amount is unacceptable (Article 153 of the Labor Code of the Russian Federation).

The employee’s decision to take time off (to take it or not) will have to be documented. To do this, the employee writes a statement in the month in which he worked, that is, in January.

How are salaries calculated for those on salary?

Salary workers have a similar situation. Salary is a fixed salary. Salaried employees are paid wages for January 2021 in the same amount as in other months, despite the fact that there are fewer working days in January. For this purpose, the production calendar has established a standard working time of 120 hours in January 2021.

The rules are the same for everyone. Here's how New Year's holidays are paid with a salary in 2021:

1. Not less than a single rate, if work on a weekend or non-working holiday was carried out within the monthly working hours.
2. When working beyond normal working hours, overtime pay is added to the salary - for the first 2 hours, accrual is made at one and a half times, for subsequent hours - at double (Article 152 of the Labor Code of the Russian Federation).

Payment to pieceworkers and hourly workers

Now let’s determine how the New Year holidays 2020 are paid for piecework or time-based wages. Two calculation options are acceptable (again, it all depends on the time off):

1. If an employee decides to take additional rest time—time off for work—then the time is paid as for work on a regular day. That is, wages will be calculated at regular piece rates or based on an hourly or daily rate.
2. If the employee refuses additional rest, then the payment is double the amount or more, if provided for by local regulations.

An application for time off or refusal must be written before the end of January 2021.

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.

Payment for a shift work schedule

Finally, we’ll figure out how to pay for New Year’s holidays in 2020 for those working on a shift schedule.

It all depends on what day the shift falls on. There are several options:

1. If the entire working shift or only part of it falls on a Saturday or Sunday that is not a holiday, then earnings per shift are calculated in a single amount (Article 111 of the Labor Code of the Russian Federation).
2. If the scheduled shift falls on a holiday, then calculations are made at least double the amount. Moreover, the shift worker is not entitled to time off. This day is included in the employee’s normal working hours.
3. If you have to work on a day that is scheduled to be a day off, then the person has the right to time off. If he takes time off, then work not according to schedule is paid in a single amount. And if you refuse additional rest, you must pay at least twice as much.

Payment procedure for work during holidays

Article 113 of the Labor Code of the Russian Federation provides for the circumstances under which paid work is possible during holidays:

• work with a continuous cycle, according to specifications;
• activities related to serving the population;
• urgent repair work, urgent loading, unloading;
• media workers, representatives of creative professions.

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Managers of enterprises and private entrepreneurs have the right to establish procedures and working conditions on holidays that do not contradict the law.

The fact of going to work on holidays must be properly documented and contain: the director’s order, the consent of the staff, and the employee’s signature.

The reasons for calling an employee to work without his consent may be natural disasters, catastrophes, accidents and other emergency situations.

Disabled people and women with small children (less than three years old) have the right to refuse to work during holidays.

Art. 153 of the Labor Code states: holidays in January 2020 must be paid at least double the amount.

Calculation of payments depending on the form of remuneration

With piecework payment, the employee is paid a minimum of double the tariff or double the hourly rate.

For salaried employees, pay on holidays is calculated using the formula: amount of payment = salary/number of working days for January and number of days worked during holidays. If the working hours are exceeded, this figure is multiplied by two.

With a shift schedule, at least double the tariff is paid (without issuing an order).

At the request of the employee, the double rate of payment can be replaced by the provision of a day off without pay.

When an employee is called to production for several hours, double payment is made for the hours worked.

The amounts of remuneration for work during holidays, which do not contradict the law, are established by a collective or labor agreement.

If the employer refuses to make double payments, the employee has the right to appeal to the Labor Inspectorate or court.

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How will those with salaries and bonuses be calculated?

Salary consists of salary, additional payments, allowances and bonuses. Here's how January holidays are paid, taking into account additional charges:

1. If the compensation, incentive and bonus parts are fixed in the employment contract and are transferred on an ongoing basis (every month), then they will be taken into account when calculating wages for the first month of 2020.
2. If the collective and labor agreements stipulate that bonuses are paid periodically and at the discretion of the manager, then bonuses will be included in the January salary by his decision.

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. Here's how holidays are paid in January 2021 in Russia for shift workers:

1. 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% (surcharge for night work increases).
2. With the daily system, the calculation is similar: daily rate × 2.
3. If the calculation is based on the monthly salary, then the volume of processing is taken into account. Any processing is paid double.

Number of holidays and working days

During the New Year holidays, the number of paid days off increases, so in 2021 there will be 17 working days in January. January is the shortest month in terms of the number of work shifts in the Russian Production Calendar.

Working time standards

Standards depending on the duration of the shift:

The salary does not change as the number of holidays increases.

The number of fully paid holidays in January 2020 is fourteen. Of these, 8 are holidays and equivalents, 6 are weekends.

When an employee plans vacations in January, weekends and holidays are added to the rest period. Vacation pay must be calculated in December 2021.

If the company pays wages during the New Year holidays, it must be paid no later than December 31, 2019.

How will they be charged to those who work at the tariff rate?

According to the general requirements of Art. 112 of the Labor Code of the Russian Federation, employees who have a fixed tariff rate are paid additional remuneration for January holidays. The algorithm for how January is paid, taking into account holidays at tariffs, is as follows:

1. We determine the procedure and amount of payments in the employment contract, wage regulations or collective agreement of the organization.
2. We establish a procedure for calculating the average salary for months that include non-working holidays (increased rates, additional payments).
3. We calculate the January salary according to established standards.

Payment for working days according to the usual schedule

In January, with a five-day workday, Russians will have to work only 15 days. Therefore, the question often arises of how New Year holidays are paid with a salary, given that the number of working days has been reduced. Despite the fact that most work less, wages are paid in full. If a salaried employee has worked all the required days, then payment is made in full. This follows from the same article 112 of the Labor Code of the Russian Federation. It makes no sense to separately consider the question of whether New Year's holidays are paid in government agencies or municipal structures, since the law states: the presence of non-working holidays in a calendar month is not grounds for reducing wages for salaried employees.

As for the remaining employees (piece workers, hourly workers, etc.) who were not involved in work during the New Year holidays, for non-working holidays they are paid additional remuneration, the amount of which is determined by the internal LNA.

If an employee is on sick leave, he will be paid benefits after the certificate of incapacity for work is closed. If an employee is on vacation, he already receives money for the New Year holidays 3 days before it starts, plus the vacation is extended due to official holidays. But there are situations when they won’t pay anything.

The first is that the employment contract is valid, but the employee took unpaid leave at his own expense. The second is that the person is registered in the organization, but is not currently fulfilling his duties (applies to women on maternity leave, employees caring for a newborn).