Duration of the working day on the eve of non-working holidays. Shorter working day

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Work on a pre-holiday day in accordance with Part 1 of Art. 95 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) becomes one hour shorter. This is the so-called shortened working day. The list of holidays that are considered non-working dates is given in Part 1 of Art. 112 Labor Code of the Russian Federation. It is installed for the entire territory of Russia.

Other provisions may be provided for in regulations. In particular, the provision of paragraph 7 of Art. 4 of the Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and Religious Associations” allows government bodies to declare religious holidays non-working. This decision is made for individual territories at the request of religious organizations. Consequently, constituent entities of the Russian Federation are entitled to establish their own non-working holidays.

According to the law, in some cases the day off is transferred. From the norm of Part 2 of Art. 112 of the Labor Code of the Russian Federation it follows that if non-working holiday dates coincide with weekends, then the day off is transferred to the working day following the holiday. In this case, the duration of work is equal to the duration of the working day to which the day off was transferred. According to the rules, the transfer of a day off is carried out by the Government of the Russian Federation.

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Shortening the pre-holiday working day does not depend on the duration of daily and (or) weekly work. An exception to the rule includes, for example, continuous production (Part 2 of Article 95 of the Labor Code of the Russian Federation). At continuously operating enterprises (types of work) where a reduction in working hours is unacceptable, its duration on the eve of a holiday is not reduced.

This approach is understandable, because continuous production implies a set of technological processes that cannot be stopped without significant damage to production. Essentially, this is dictated by the nature of the technology.

Fact

Examples of continuous production are most often found in industry - glass workshops, lime kilns, mill buildings, potteries, etc. In addition, examples of continuous production include healthcare institutions - hospitals and clinics, as well as public transport - suburban and international.

That is why the duration of work (shift) on the eve of a non-working holiday is not reduced for workers servicing continuous production. If, due to organizational, production and technical conditions, the suspension of the work process on non-working holidays is impossible, then the duration of work on the eve of the holiday is not reduced.

Article 95 of the Labor Code of the Russian Federation approves the general rule about shortened pre-holiday working day. This benefit, a shortened working day, is valid for all employees, even those who have already been assigned a reduced working time. These include minors, citizens working under hazardous (harmful) working conditions,.

Persons working part-time and employees who work part-time are also subject to the above rule. This follows from the analysis of the provisions of Part 3 of Art. 93 of the Labor Code of the Russian Federation, as well as Part 2 of Art. 287 Labor Code of the Russian Federation. In addition, they are subject to the transfer of the day off.

However, the duration of work cannot be reduced if a non-working holiday is preceded by weekly rest days. In other words, a shortened working day is not established when a non-working holiday according to the work schedule is preceded by a day off. This is understandable, because in such a case the working day does not begin immediately before the holiday.

In continuous production and in certain types of work where it is impossible to reduce the duration of the shift in pre-holiday day, processing is reimbursed. The employee is additionally given rest time or, with his consent, payment is made according to the standards established for (Article 95 of the Labor Code of the Russian Federation).

Towards the end of the work week, or before the onset of holidays, working citizens dream of rest, and therefore their productivity drops noticeably. That is why the state has introduced a rule according to which, if necessary, the length of the working day can be reduced. However, it is worth noting that this rule excludes those structures and organizations in which it is impossible to pause the work process and reduce the load.

Reducing the duration of the working day immediately preceding a holiday non-working day

In accordance with constitutional norms, all citizens of the Russian Federation have the right to proper rest, which is established on weekends, and in accordance with weekday holidays, which are noted in federal legislation. Article 107 of the Labor Code of the Russian Federation establishes that non-working holidays are one of the types of rest.

Based on this, a standard is determined according to which the duration of working hours on the day preceding the holiday can be reduced by 1 hour. This rule is spelled out in Article 95 of the Labor Code of the Russian Federation and applies to all employees, regardless of whether they carry out their activities under normal schedule conditions, or whether they have a reduced work process.

In accordance with the current principles of the legislative framework of the Russian Federation, the establishment of reduced working hours is one of the measures that ensures the most favorable conditions for ensuring normal rest for workers.

Thanks to free time, citizens receive significantly more opportunities, which they can direct towards achieving certain goals and objectives. For example, for attending concerts and excursions and self-realization.

Such a norm as a reduction in working hours is established for absolutely all categories of workers, regardless of their social status, position held and professional duties performed. However, in some situations, reducing the work schedule is impossible, and therefore the state determines slightly different standards.

Production under which it is impossible to shorten the working week on the eve of weekends and holidays

The fundamental principles of the labor legislation of our country state that the duration of work on the eve of non-working holidays and weekends for all citizens is reduced by 1 hour. However, there are exceptions when this rule a priori cannot be implemented.

Article 95 of the Labor Code of the Russian Federation states that a reduction in the work process cannot be applied to those structures that are distinguished by a continuous work process. And therefore, in order to equalize the rights of citizens to normal recreation, the state is introducing a slightly different norm. If the work schedule cannot be reduced for any valid reasons, then overtime in the form of 1 hour will be additionally paid according to the standards that are typical for overtime work.

In addition, employees can also count on the fact that working time classified as overtime will be summed up and additionally included in vacation days. Thus, due to overtime, citizens will receive longer vacations.

As stated in the current legislative framework, the rule on reducing the working schedule cannot be applied for some types of work, as well as for industries that operate in a continuous cycle. We are talking about industrial enterprises where the production process cannot be stopped, as well as some other types of activities, including service in law enforcement agencies, medical institutions and enterprises related to transportation services.

It is also worth paying attention to the fact that employees have the right to independently determine for themselves the compensation they are entitled to for overtime. Having written the appropriate application, they can choose additional vacation days, or additional pay, which will be accrued according to overtime work standards.

Duration of work with a six-day work week

One of the main norms of modern labor legislation of the Russian Federation is the establishment of the amount of time that a citizen is obliged to spend at work. In accordance with current regulations, the total amount of time a citizen spends at work should not exceed 40 hours. This norm is regulated in accordance with Article 91 of the Labor Code of the Russian Federation.

Based on this, the legislator determines the standard working time for one day to be no more than 8 hours.

But at the same time, each employee is provided with two days off, which he can spend at his own discretion. If the work schedule is determined by a six-day period, that is, the employee is given only one full day off, then in this case the state specifies slightly different rules.

In particular, with a six-day work week, the last day of the work shift cannot be longer than 5 hours. Thus, 35 working hours are allocated for the remaining five days, which corresponds to a seven-hour work shift.

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Many employers do not even know what a shortened pre-holiday working day is. Meanwhile, this norm is regulated at the federal level in labor legislation and is mandatory for all enterprises without exception. By how much the pre-holiday working day is shortened and in what order - our article talks about all the nuances.

What does it mean to reduce working hours on a holiday?

The shortened pre-holiday day immediately precedes the onset of a public holiday. According to this privilege under stat. 95 the duration of work on the eve of an official holiday is reduced, but the salary does not become less. The benefit applies to all categories of specialists, namely:

Employees arranged for a 5-day week.

Workers employed 6 days a week.

Specialists employed on a part-time or reduced-time basis.

Employees included in the staff as part-time workers - internal or external.

It is impossible to reduce work time in organizations that conduct continuous operations for justified reasons. Employees of such institutions are not entitled to a shortened pre-holiday day, but overtime is compensated in one of the possible ways at the individual’s choice. In accordance with Part 3 of Art. 95, additional time off may be used or monetary compensation is paid, the amount of which is calculated according to the rules for calculating overtime payments. That is, at least double or one and a half times, depending on what day the employee works (stat. 152, 153 Labor Code).

By how many hours is the pre-holiday day reduced?

In part 1 stat. 95 it is determined that the working day on pre-holiday days is reduced by 1 hour. This standard applies to all employers and employees. Even if a person performs his duties not all day, but part-time (0.5, 0.25 or 0.75), he is entitled to a reduction in the number of hours of employment on the eve of the holidays. For example, a specialist is registered at 0.5 rates as an external part-time worker. In 2017, February 23 is a public holiday, and February 22 is a shortened day. A part-time worker works 5 hours twice a week in compliance with statutory standards. 284 TK. On the report card for 02.22.17, the personnel officer will put down for such an employee not 5 hours, but 4.

If, according to the terms of employment, the employee will perform duties, for example, an hour a day, “0” should be entered in the column with the number of working hours on a shortened pre-holiday day. This will not constitute a violation and will confirm that the employer has reduced working hours on the pre-holiday day in accordance with the requirements of labor legislation. Additionally, you will need to complete a number of personnel documents. We've figured it out How much shorter is the pre-holiday working day?, then we will find out in what situations this rule does not apply.

When is the pre-holiday day shortened and when not?

General duration of work on a pre-holiday day reduced by the employer by 1 hour. But if such a day falls on one of the weekends, the work schedule remains unchanged, that is, it cannot be reduced. To understand which days of the year are considered holidays and which are pre-holiday, you need to familiarize yourself with the production calendar. This is a special assistant for personnel officers and accountants, which contains data on public holidays, working hours and the number of days off/working days by month, quarter and year.

In such a calendar it is clearly visible How much shorter is the pre-holiday day?- dates are marked with asterisks. Additionally, information about postponed days off is displayed in order to increase the total duration of rest (based on Resolutions of the Government of the Russian Federation). But if one of the weekends is postponed and becomes a working day, the time of employment on that day is determined according to the working day schedule (stat. 95 of the Labor Code). For example, in 2018, April 28, that is, Saturday, was moved to April 30, that is, Monday, in order to lengthen May Day (Resolution No. 1250 of October 14, 2017). In this case, Saturday becomes a pre-holiday working day, reduced by 1 hour.

Length of working day on pre-holiday days - 2018

The list of official Russian holidays is regulated by stat. 112 TK. All public holidays are listed here. The work schedule for 2018 was developed taking into account the provisions of Government Decree No. 1250 of October 14, 2017, which takes into account the transfer of certain weekends. The table shows holidays and pre-holidays for 2018 for a 5-day week.

Transfer to 2018 is provided for the following days:

From 01/06/18 to 03/09/18 - from Saturday to Friday.

From 01/07/18 to 05/02/18 - from Sunday to Wednesday.

From 04/28/18 to 04/30/18 - from Saturday to Monday.

From 06/09/18 to 06/11/18 - from Saturday to Monday.

From 12/29/18 to 12/31/18 - from Saturday to Monday.

Pay attention! According to Part 4 of Art. 95 of the Labor Code, with a 6-day week, the duration of a work shift on a pre-holiday date can be a maximum of 5 hours.

How to register a short pre-holiday day according to the Labor Code of the Russian Federation

According to Part 4 of Art. 91 every employer is required to organize reliable records of the time actually worked by staff. To do this, use a report card in the unified form T-12 or T-13 (Resolution No. 1 of 01/05/04) or you are allowed to create your own form, provided that all the required details are indicated in it. Days of attendance at the organization are marked with the code “I” or “01”, and the number of hours worked on pre-holiday days, according to the Labor Code of the Russian Federation, is subject to reduction by an hour.

Should I issue an order or not? Since according to the Labor Code, pre-holiday days are regulated on a general basis, you don’t have to fill out such a document. If the employer decides to issue an order, it certainly won’t be superfluous, as will drawing up an announcement about the company’s work schedule. Our separate articles tell you how to do this. If the enterprise operates continuously, the list of those employees who will have to work without reductions in the duration of the work shift (day) should also be approved.

In cases where the employer does not comply with the current requirements of labor legislation, this is regarded as a violation. Responsibility for such actions is provided for in the Code of Administrative Offenses in the form of penalties. To avoid labor conflicts with personnel, it is recommended to respect the rights of employees and the rules of relations with them.

Conclusion - we looked at how the working day is shortened on pre-holiday days in accordance with the requirements of Russian labor legislation. Reduction of working hours is not made on weekends, except in cases of official transfer of Saturday or Sunday to working days.

New edition of Art. 95 Labor Code of the Russian Federation

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.

On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

The duration of the working day (shift) immediately preceding a non-working holiday is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).

Non-working holidays in the Russian Federation are:

Existing professional holidays, such as Medical Worker's Day, Trade Worker's Day, etc., do not apply to non-working holidays, and the rules of Article 95 of the Labor Code of the Russian Federation are not applicable in these cases.

On the eve of holidays and weekends, the length of the working day (shift) is reduced by one hour, both with a 5-day and with a 6-day working week.

Moreover, such a reduction is made not only in relation to workers with normal working hours, but also in relation to workers with reduced working hours.

Due to the fact that the duration of work in a 40-hour work week is subject to reduction by one hour, on the eve of holidays (non-working days) the day before the day off is not reduced if the holiday is preceded by one or two days off.

For example, if a holiday falls on Sunday, and the organization has a 5-day work week, then the working day on Friday is not shortened, since in this case the holiday is preceded by a day off - Saturday.

In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 ).

With a 5-day work week, the weekly time limit is distributed among the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration of the work shift on the eve of the weekend, as is provided for for a 6-day work week.

If in continuously operating organizations and in certain types of work it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime must be compensated by providing the employee with additional rest time or, with the consent of the employee, payment in the form of overtime work.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for paying overtime work.

Another comment on Art. 95 Labor Code of the Russian Federation

1. Non-working holidays are defined in Art. 112 Labor Code of the Russian Federation.

2. According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour both for workers with normal working hours and for those who work on reduced working hours, regardless of the basis for its reduction.

3. If a non-working holiday follows a day off, then the working day preceding this day off cannot be shortened.

4. If a week falls on a holiday, the working hours for that week are adjusted accordingly. This rule applies to both a five-day and a six-day work week.

5. The main form of compensation for overtime on a pre-holiday day in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) is to provide the employee with additional rest time. Replacing it with payment according to the standards established for overtime work is allowed only with the consent of the employee.

6. Having established in Part 2 of Art. 95 of the Labor Code of the Russian Federation, the conditions for compensation for overtime caused by the inability in continuously operating organizations and in certain types of work to reduce the duration of work (shift) on a pre-holiday day, the law does not determine during what time compensation should be provided in the form of additional rest time. As a rule, compensation for such overtime should be provided for in the shift schedule. If in an organization this issue is not regulated by a shift schedule or a collective agreement, then additional rest time is provided by agreement of the parties.

In what cases is it necessary to reduce working hours?

Which employees cannot have their working hours reduced?

How to apply for and pay for a reduction in working hours

How to compensate for overtime on a pre-holiday day

HOLIDAY HOLIDAY

Every person has the right to rest. The Constitution of the Russian Federation in Part 5 of Art. 37 guarantees a working person weekends and holidays.

According to Art. 107 of the Labor Code of the Russian Federation, non-working holidays are one of the types of rest time.

Reducing work hours on the eve of non-working holidays and weekends is intended to create conditions for employees to organize rest. Free time increases due to holidays and weekends, which expands the opportunities for visiting theaters and concert halls, going on excursions, to dachas, etc.

Which holidays are non-working days?

For the entire territory of the Russian Federation, the Labor Code of the Russian Federation establishes the following non-working holidays:

In addition, certain territories of Russia (in particular, constituent entities of the Russian Federation) may introduce their own non-working holidays, subject to the following conditions:

1) the holiday has a religious orientation;

2) the request to establish a holiday came from a religious organization;

3) the relevant government body made such a decision.

PRE-HOLIDAY DAY

Reducing working hours

The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

This rule applies to all employees (except for the cases specified in Part 2 of Article 95 of the Labor Code of the Russian Federation):

With any length of working time, including for part-time workers, shortened working hours (workers under 18 years of age, disabled people of groups I and II, persons employed in work with harmful and (or) dangerous working conditions, etc.);

For part-time workers;

Regardless of working hours, including five- and six-day working weeks.

The employer is obliged to comply with this standard, otherwise work during this hour will be considered overtime, which will require appropriate registration and provision of compensation to employees.

PLEASE NOTE!

The working day (shift) is not shortened if a non-working holiday is preceded by a day off (according to the calendar or schedule). For example, if a holiday falls on Sunday (and Saturday is a day off), then the working day will not be reduced on Friday.

Filling out the work time sheet

From January 1, 2013, organizations have the right to use forms of primary accounting documents developed by them independently, but taking into account the requirements of Federal Law dated December 6, 2011 No. 402-FZ “On Accounting” (as amended on May 23, 2016).

If desired, the organization can continue to use the unified forms developed by the State Statistics Committee of Russia, which were previously mandatory. In this case, the duration of work on pre-holiday days is recorded in a unified form No. T-12 “Working time sheet and calculation of wages” or No. T-13 “Working time sheet”.

For example, the unified form No. T-13 is filled out according to the following rules:

1) in the top lines of column 4, opposite the employee’s last name, the letter code “ I" or digital code " 01 "(when working during the daytime);

2) the lower lines indicate the duration of work in hours and minutes.