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Work on a weekend or a non-working holiday is paid at least double the amount:
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;
employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm working time, and in the amount of no less than 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 working time standard.
Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.
Increased payment is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. 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.
Pay on weekends and non-working days holidays 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 of these workers, approved by the Government Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, local normative act, employment contract.
1. According to Art. 37 of the Constitution of the Russian Federation, every employee is guaranteed days off and holidays by the state. Working on weekends and non-working holidays is generally prohibited. The employer has the right to engage an employee to work on a weekend or holiday only on the grounds established in Art. 113 TK. This article provides for 3 cases in which the employer has the right to involve the employee in work on weekends and non-working holidays. In addition, the employer may establish additional grounds for engaging in such work.
2. In Art. 113 of the Labor Code lists categories of employees whom the employer does not have the right to involve in work on weekends and non-working holidays.
3. If the employee at will worked on a day off or a non-working holiday, he is given another day of rest at his request. Work on a non-working holiday is paid in a single amount, and a day of rest is not subject to payment. Thus, work on a day off is either compensated by payment in the amount of a day’s earnings, or can be replaced by a day of rest.
4. If an employee did not work a full day on a weekend or holiday, but only part of it, for example, 6 hours instead of 8 hours, then he is given a full day of rest.
Art. 153 Labor Code of the Russian Federation establishes minimum wages for work on weekends and holidays. Let's look at issues related to it in our article.
Work on a weekend or holiday is an exception (Article 113 of the Labor Code of the Russian Federation) and must be paid no less than double ( Art. 153 TK RF):
At the same time, the employer has the right to establish by internal regulations its own amount of payment for such work, but it should not be lower than that specified in Article 153 of the Labor Code RF. An exception may be creative workers, the list of whom is given in Decree of the Government of the Russian Federation of April 28, 2007 No. 252, athletes and coaches (Article 348.1 of the Labor Code of the Russian Federation), whose work on weekends and holidays may be subject to their own rules.
In addition to double payment, Art. 153 Labor Code of the Russian Federation allows such a form as transferring a day off to another day at the employee’s request, with the proviso that payment for work on the original day off will be single, and the postponed day off will not be paid.
In relation to transferring a day off to another day, you need to keep the following in mind:
If the work schedule does not allow providing weekly rest days to all employees at the same time, they can be given alternately according to the schedule on any days of the week (Article 111 of the Labor Code of the Russian Federation). That is, with a shift work schedule, the days off of a particular employee are those indicated as such in his schedule.
In this case, time accounting is usually summarized in relation to a certain accounting period (Article 104 of the Labor Code of the Russian Federation). Time that turns out to be excessively worked as a result of work according to the schedule in comparison with the standard time for the established accounting period is considered overtime (Article 152 of the Labor Code of the Russian Federation) and will be paid as overtime work (the first 2 hours with a rate increase of 1.5 times, subsequent ones - with doubling).
More information about payment for overtime work read the article .
With a shift schedule Art. 153 Labor Code The Russian Federation plays its role in relation to payment for work on holidays, for which you need to pay double even if they are scheduled workers (Rostrud protocol dated 06/02/2014 No. 1).
Moreover, if a holiday is taken into account in the standard working hours, it cannot be replaced with another working day, but if it is not taken into account, then it is possible. And when determining the number of overtime hours per accounting period work on a holiday will not be taken into account, since it is already taken into account with an increased cost.
To learn how the amount of payment for work on holidays may depend on decisions made by the employer, read the article .
New edition Art. 153 of the Criminal Code of the Russian Federation
Substitution of a child, committed for selfish or other base motives, -
shall be punishable by imprisonment for a term of up to five years with a fine in the amount of up to two hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to eighteen months.
1. The social danger of the crime lies in the fact that the discovery of the substitution of a child is a tragedy, a moral blow for parents and, as a result, can lead to grave consequences for the family and its members.
1.1. The commented article consists of one part, which establishes the main elements of the crime. The act provided for in Art. 153, belongs to the category of crimes of medium gravity.
2. The object of the criminal attack is public relations, guaranteeing the inadmissibility of arbitrary interference by anyone in family affairs, the child’s right to know his parents, the right to their care, to live together with them, to be raised by his parents (part 1 of article 1, part 2 of article 54 of the Family Code).
3. The objective side of the crime is expressed in the substitution of a child.
3.1. Child substitution means that the perpetrator replaces someone else's child with his own or another someone else's child. The meaning of the comment. article, by substituting a child, the perpetrator expects that the fact of substitution will not be detected. The child can be replaced in the first days after birth, when the mother, for various reasons (loss of consciousness, fainting, mental disorder, etc.) did not see the child (for example, before the first feeding) or did not remember him. A child can be replaced not only in the maternity hospital, but also on the way home from the maternity hospital, on the street, in a store, at his place of residence, etc. In this case, the perpetrator relies on the fact that the child was not remembered by his parents and other persons.
4. The crime is considered completed at the moment the child is replaced.
5. From the subjective side, a crime is characterized by guilt in the form of direct intent.
6. A mandatory feature of the subjective side is motive - self-interest or other base motives.
6.1. A crime is committed out of self-interest if the perpetrator substitutes a child, wanting to receive money, other valuables, property services in return, or to avoid material costs.
6.2. Other base motives mean the replacement of a child out of revenge, jealousy, hatred, the desire to get a physically healthy child, to raise one’s child in someone else’s prosperous family, etc.
7. The subject of a criminal offense is a sane individual who has reached the age of 16. In this case, most often the replacement of a child is carried out by employees of maternity hospitals.
1. The objective side of the crime is expressed in the substitution of a child, which means the unlawful removal of a child and replacing him with another. In the case when a child is removed without replacing him, criminal liability arises not for the replacement of the child, but for kidnapping (clause “d”, part 2 of article 126 of the Criminal Code of the Russian Federation).
2. The crime has a formal structure and is considered completed from the moment the child is actually replaced.
3. A mandatory feature of the subjective side is motive - selfish or other base motives. Selfish motives presuppose the desire of the guilty person to obtain some kind of material benefit.
So, today we will be interested in the principle of remuneration on non-working holidays, as well as weekends. After all, no one will simply work hard when everyone has the right to rest. This means that employees need to be rewarded somehow. This is written in Art. 153 (Labor Code of the Russian Federation). It is he who will help us understand today's issue. In general, wages are a difficult moment. And it requires certain knowledge of employees so that they do not get deceived. Yes, in Russia the norms provided for in Art. 153 RF TC. But they do happen. And conscientious organizations will never go against the rules.
The thing is that the main feature of payment on non-working days, holidays, and weekends is the dependence of exact calculations on how exactly your salary is calculated. That is, you will have to pay special attention to this factor. You can’t just go ahead and say exactly how your salary will be paid for the days you work. Several factors will need to be taken into account.
The second point is your activity. In some cases, according to Art. 153 of the Labor Code, payment for non-working days and weekends is not allocated at all. Either it is not compensated, or it has some peculiarities. So again, quickly drawing a conclusion about the amount you are entitled to will not be so easy. But if you carefully study the paragraphs of Art. 153, you can get answers to all your questions. What do you need to prepare for?
For example, to the most common scenario. The point is that, according to Art. 125 of the Labor Code of the Russian Federation, payment for non-working holidays, as well as weekends, is made at double the rate. That is, if, for a number of reasons, you went to work when you were not supposed to, you can demand double pay. Of course, only for those days that you worked on holidays and weekends. The rest of the time is paid according to the usual scheme. This is exactly what modern Russian legislation says. True, the law has certain features. Everyone needs to know about them.
For example, you can often find piecework wages. Such workers also have their own payment rules. They, as you might guess, differ little from the generally accepted norm.
So, if you believe the text of Art. 153 of the Labor Code of the Russian Federation (with or without comments), then piece workers also receive double pay. More precisely, it is charged at a double rate. This method is also called piecework double pricing. If you are offered work on a weekend or holiday at regular rates, you have every right to refuse it. This is a direct violation of your rights.
What to do if only daily and hourly rates are used in calculations? Everything is also easy and simple. If you look at the text of our article today, you will notice what is written there regarding this issue.
Employees who work at daily or hourly rates must receive at least double their salary for time worked on a weekend or holiday. It is quite possible to earn more, but less is, again, a direct violation of the rights and the Labor Code of the Russian Federation. You can demand that holidays and weekends be paid at least at double rates. And it doesn’t matter whether they are daily or hourly.
It often turns out that working on holidays and weekends means overwork. Such work should also be paid decently. And not only in the form of salary. This process has its own characteristics. And they, of course, are spelled out in Art. 153 (Labor Code of the Russian Federation).
The thing is that employees who remain at work on weekends and public holidays should receive not only double wages. When it comes to overtime, they are required to be paid double the salary above the base salary. Depending on what kind of calculation you have - hourly or daily, the amount will vary. Many citizens note that sometimes paying by the hour is much more profitable than by the day. But this is not written in the laws.
Well, special attention should be paid to citizens who are engaged in the fields of cultural and organizational activities, as well as in the media and journalism. These people usually work not as established by the rules, but when necessary. As a matter of fact, their salaries are also calculated according to different principles. And remuneration on non-working days, as well as on holidays, has several features.
Firstly, as has already been said, all work in our current case must be paid in double amounts. Just not always. Under certain circumstances, an increase of several times is possible.
Secondly, citizens who work at exhibitions, organize events, and also work in the media and journalism usually pay special attention to the signed employment contract. And that's right. It is there that the basic rules that must be observed are prescribed. Payment on non-working holidays and weekends is included here. Just look at what conditions were set in this or that case. This is where the norms provided for in Art. 153 (Labor Code of the Russian Federation).
Another feature provided for by our current law is, as in the previous case, an employment contract. Often, it is there that the standards that are laid down for calculating wages on non-working days or holidays are prescribed.
It does not matter what agreement was concluded - collective or not. The fact remains: all the rules that must be observed when calculating wages in one case or another are specified in the contract. The main thing is to pay attention to the fact that on weekends and holidays you should in any case receive a salary of at least double the amount. If such a clause is not provided, think about the employer’s integrity. According to modern legislation of the Russian Federation, double pay is the minimum for employees who work when they should not.
Art. 153 of the Labor Code of the Russian Federation also provides for special cases. For example, how will an employee be paid if he wants to rest for a day worked at another time. There are different rules for this. They are extremely easy to understand.
After all, if an employee takes time off for a weekend or holiday worked in a different period of time, he will not see any double salary. It turns out that work time will be paid only as it should be on a regular day. And the holiday will simply be postponed for you. It will be as if one time period is being replaced by another. And in this case you have no right to demand double salary. Only if otherwise specified in the employment contract. In practice, there were almost no such cases.
In 2016, some features regarding specific employees became known. And they have already entered into legal force. Maybe everything will change, but for now there is no talk of this. For example, it is worth noting that employees who are involved in the preparation and organization of events for the FIFA World Cup in 2018 and the Confederations Cup in 2017 do not have any special features of remuneration on weekends and holidays (non-working days). That is, to them art. 153 has nothing to do with it.
What does it mean? Receipt of salary will occur according to the usual principle, which is usually done. That is, a one-time size and nothing more. Only if the labor contract specifies the specifics of wage calculation will they be observed. In principle, it is not yet known whether these norms will continue to apply. But for now they are the ones we should rely on.
As you can see, Art. has many nuances. 153 Labor Code of the Russian Federation. Payment for holidays and weekends, according to it, has several features. But it still remains simple for citizens to understand. Remember the main rule - you have the right to double salary if you do not want to replace a worked day with a day off in another period of time. If your rights are violated, do not be afraid to file a complaint. It’s not just that there are laws in the Russian Federation!
Article 153 of the Labor Code of the Russian Federation with comments and amendments for 2016-2017.
1. Article 153 of the Labor Code of the Russian Federation provides that specific amounts of remuneration for work on weekends and non-working holidays are established in a collective agreement, a local regulatory act, or an employment contract. This provision emphasizes that the dimensions established by the commented article are minimal. They can be increased by agreement of the parties to the social partnership or the parties to the employment contract. This can also be done in a local regulatory act, which in this case should be adopted taking into account the opinion of the representative body of workers.
2. Work on a day off or a non-working holiday (see commentary to Article 113) must be compensated. At the employee’s choice, this can be either increased pay in the amount provided for by the collective agreement, local regulations, employment contract (and if this issue is not resolved in them, in the amount specified in the article), or the provision of an additional day of rest.
3. By general rule a day of rest is not subject to payment, however, a collective agreement, a local regulatory act, or an employment contract may establish more preferential rules for employees.
The time of use of the rest day is determined by agreement of the parties.
4. It is generally accepted that special rules for payment for work on weekends and non-working holidays are established for creative workers and professional athletes, but this is not entirely true. Part one of Article 153 of the Labor Code of the Russian Federation establishes the minimum amount of payment, which under no circumstances can be reduced. Part two for all employees establishes the same procedure for determining specific amounts of remuneration for work on a non-working day as for creative workers - in a collective agreement, local regulation, or employment contract. The only difference is that for all workers, except creative ones, the local normative act is adopted taking into account the representative body of workers, if it is created (Article 8 of the Labor Code), and for creative workers - solely by the employer.
The list of professions for creative workers has not yet been approved.
Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays
See Encyclopedias and other comments to Article 113 of the Labor Code of the Russian Federation
Work on weekends and non-working holidays is prohibited, except as provided for by this Code.
Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.
Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:
Read also: Irregular working hours in an employment contract - sample
1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
3) 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, threatening the life or normal living conditions of the entire population or part of it.
Involvement in work on weekends and non-working holidays of 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 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, is permitted in the manner established by the collective agreement, local regulations, or employment contract.
In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.
Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is allowed only if this is not prohibited for them for health reasons in accordance with medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation. At the same time, disabled people and women with children under three years of age must be informed, against signature, of their right to refuse to work on a day off or a non-working holiday.
Employees are recruited to work on weekends and non-working holidays by written order of the employer.
Work on a weekend or a non-working holiday is paid at least double the amount:
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.
Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. 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.
Remuneration for work on weekends and non-working holidays of 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 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, can be determined on the basis of a collective agreement, a local regulatory act, or an employment contract.
(edited) Federal Law dated February 28, 2008 N 13-FZ)
(see text in the previous edition)
Activities on non-working days are prohibited by Russian law. But every rule contains exceptions.
Involve citizens in labor process on weekends is possible with their written consent in the event that the organization has previously unforeseen work, the failure of which may adversely affect future activities.
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Without the consent of employees, they can be recruited to work in 3 cases:
Read also: Vacation for the first year of work is granted upon expiration
Servants of creative professions are recruited to work on weekends in accordance with the list approved by the Government of the Russian Federation.
Article 113 of the Labor Code prohibits the use of such labor by disabled people and women with children under 3 years of age whose health condition is unsatisfactory (according to a doctor’s opinion). Therefore, these categories of persons must be notified of the opportunity to refuse the obligation to work on non-working days.
The Labor Code establishes the employer's obligation to pay double the amount of severance pay. in particular:
The Labor Code of the Russian Federation provides for the establishment of certain amounts of remuneration for the conditions under consideration by collective and employment contracts. as well as other local acts organizations.
Upon written request from an employee who worked on the weekend, the employer may provide him with extra day off. Remuneration in this case is paid according to the following scheme: the amount of payment for a non-working day worked is calculated in the usual amount, and the rest day is not paid.
You can learn more about all the nuances of this process from the following video:
Driver Nikolaev N. receives 150 rubles for each trip. In the reporting month, he made 190 trips. Nikolaev was brought to work on 2 days off, during which he made 20 trips. Let us determine the amount of his salary for the past month:
In total, Nikolaev’s salary will be 31,500 rubles.
Mechanic Kirillov G. worked 130 hours in a month, including 8 hours on Sunday. The hourly rate of a mechanic is 250 rubles. Let us determine the amount of Kirillov’s salary for the past month:
The total salary will be 34,500 rubles.
Painter Stepanov P. worked 20 working days in a month, including 2 days on holidays. Daily rate– 2000 rubles. Let's determine the amount of wages for the past month:
The amount to pay Stepanov is 44,000 rubles.
Watchman Kopylov L. worked 150 hours, including 5 hours on a day off. His salary is 20,000 rubles. Taking into account that the standard working time in this case is 143 hours, and based on the conditions it is exceeded, compensation for a day off must be paid in double amount.
Let's determine the hour tariff rate. There are 3 ways to calculate it:
The legislation does not clearly regulate the method of calculation. We use method 3. At 40 o'clock working week in 2016 there are 1974 hours, so:
The additional payment for a day off will be:
Technician Mashkina G. worked 143 hours, including 2 hours on a day off. Her salary is 15,000 rubles. Taking into account that the standard working time in this case is 143 hours, and based on the conditions it does not exceed the standard, then labor compensation for the day off must be paid in the usual amount.
First you need to determine your hourly rate. It is calculated similarly to example 4:
What is an act of permission to carry out work - see this article.
How to correctly draw up an application for connection to electronic document management - read here.