The length of the working day on the eve of holidays. Work on weekends according to the Labor Code (nuances). Things to Consider When Introducing Pre-Holidays

A shortened pre-holiday day according to the Labor Code of the Russian Federation is the day immediately preceding a non-working holiday. By general rule the duration of the working day or shift on the pre-holiday day is reduced by one hour according to labor legislation (Article 95 of the Labor Code of the Russian Federation). And if the holiday is preceded by a day off - according to the calendar or work schedule, then the duration of the last working day before the day off is not reduced.

For example, the pre-holiday day of December 31, 2016 falls on a Saturday. This is a day off in an organization that has a five-day work week. In this regard, on the working day preceding it - December 30 - the duration of the working day, as well as on other days, will be 8 hours.

Note that professional holidays Lawyers 'Day, Trade Workers' Day, Geologist's Day, etc. are not public holidays or non-working holidays. Therefore, the duration of the preceding working days is not reduced.

Pre-holiday day in continuously operating organizations

Not every employer can provide their employees with a shorter pre-holiday working day. It is about continuously operating organizations, for example, medical institutions, transport companies etc. Employees of such organizations, as compensation for overworking on the pre-holiday day, are entitled to additional rest time or pay according to the norms established for overtime work (Article 95 of the Labor Code of the Russian Federation).

Specific positions in which there cannot be a shortened pre-holiday working day according to the labor code, as well as the procedure for compensation, are provided for in the collective agreement or labor contracts with employees.

Everyone loves holidays, because an extra day of rest will not hurt anyone. Moreover, the work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a decrease in the total working day is not always required. When and in what cases labor law allows you to go home early - our article is devoted to this topic.

What is a pre-holiday day according to the Labor Code of the Russian Federation

In accordance with the norms of the Labor Code, the pre-holiday working day is the day immediately preceding the official holiday. The duration of such a day (shift), in accordance with stat. 95 is legally shortened by 1 hour. When reducing the time of employment, it is necessary to take into account the following features of the nature of the work:

If the company is necessary to work continuously or the position of a specialist does not allow to reduce the duration of employment, such a stay is recognized as processing and is compensated in the form of additional days off. Or the employee may be paid overtime (with the consent of the specialist).

If an employee works for 6 days, the length of the day of employment on the eve of public holidays can be a maximum of 5 hours.

If the pre-holiday date falls not on a working day, but on a weekend (Sunday or Saturday), no reduction in the previous date occurs.

To understand what a short pre-holiday day is like, let's turn to the provisions of stat. 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly normal running time is 40 hours maximum. And if an employee works for special conditions, for example, a shortened time (stat. 92) or part-time (stat. 93), or is a part-time job, this does not in any way limit his right to go home an hour earlier on the eve of the holidays.

What days are considered holidays?

Of course, not all holidays are considered official. Let's say corporate events, employee birthdays or professional dates cannot be considered holidays according to government regulations. The Labor Code defines the pre-holiday working day only in relation to those dates that precede those established in stat. 112. In particular, in Russia the following days are considered non-working:

The holiday of the defenders of our fatherland - 23 Feb.

All existing public holidays are marked in red on production calendars, and the day before the holiday is indicated with an asterisk *, so that personnel officers understand exactly when workers are entitled to concessions. When conducting HR administration on and before holidays, keep in mind that:

If an officially approved holiday coincides with a weekend date, Saturday or Sunday should be rescheduled to the next working day immediately after the holiday. The exceptions are the days of New Year's holidays and Christmas, for which the government of the Russian Federation has provided for a special postponement procedure.

If the salary to employees is not paid according to the salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the LNA of the enterprise, for example, in the collective agreement.

If the employee's salary is paid according to the salary system, the employer is not entitled to reduce the total amount of remuneration if there are state holidays.

By decision of the federal authorities, some days off may be postponed in a different manner in order to increase overall labor productivity.

For example, January 1, 2018 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2017 it falls on a day off, that is, Sunday. Since everyone is closed on Sunday, the next pre-holiday day will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and cannot be reduced according to the norms of the Labor Code.

How work is organized on pre-holiday days according to the labor code

By Labor Code of the Russian Federation pre-holiday working day no different from all other busy days, except for the shortened duration. It does not matter in what position the specialist works, in which constituent entity of the Russian Federation he lives and how long he has, to comply with the requirements labor legislation employers of all organizational and legal forms and fields of activity are obliged. Specified norms apply to both legal entities and individual entrepreneurs, subject to the latter hiring employees under labor contracts.

Note! If the enterprise engages persons within the framework of civil law relationships, such citizens perform the amount of work in accordance with the norms of civil, and not labor legislation. Consequently, such individuals do not set a shortened pre-holiday day, they themselves decide how many hours to work.

As already mentioned, a short day before the holiday is due to all employees, both working in their main job and part-time workers, as well as those who work part-time or on a reduced day. At the same time, the official decrease in the duration of employment cannot affect the procedure for settlements with personnel. That is, the employer has no right to reduce the salary for such a reduction in the total work time, because a person does not skip work, but uses legal labor rights established by the requirements of the Labor Code of the Russian Federation.

The nuances of paying for a short pre-holiday day:

With the hourly wage system, in this case, the employee receives earnings based on the actual production time. Therefore, short hours will not be paid and this is not considered an offense by the employer.

Poi salary system of remuneration - the short day before the holiday is subject to calculation in full, without any reduction in the amount of earnings.

With a piece-rate system of remuneration, as well as an hourly system, this methodology implies the calculation of earnings based on the actual volume of work or products produced. This means that the reduction in working hours on the pre-holiday day does not affect the amount of remuneration for pieceworkers in any way.

When employed on reduced terms or on a part-time basis, the salary for a short pre-holiday day cannot be reduced.

Note! If the organization operates continuously, and employees work as usual, that is, without reduction pre-holiday days, such time of employment is recognized as overworking and is payable at a minimum of double the amount. The exact procedure for calculating compensation and the list of positions of persons who cannot be provided with shortened days before the holidays are approved by the head in the internal document flow of the enterprise.

How is work done on the pre-holiday day?

The pre-holiday working day provided by the TC is noted in the report card according to special rules... But many personnel workers they do not know about this and continue to put down the usual numbers 8. However, on such dates employees work less than the prescribed time of employment. For example, an employee on a 40-hour work week on the day before a holiday is busy only 7 hours. Therefore, if you do not indicate this fact in the report card, checking from labor inspection may come to the conclusion that the person has overworked, and the employer has violated the requirements of the law. How to avoid problems?

First of all, enter data in real time. If the employee is busy on an 8-hour day, for the pre-holiday day, it is necessary to reflect the attendance at 7 o'clock. If a person works on a shortened 7-hour day - 6 hours. If she works part-time for only 4 hours daily, we set 3 hours on the pre-holiday day, etc. Thus, the letter designation for shortened dates before official holidays remains the same - "I", and the number of hours is put down with a decrease of 1 hour according to stat norms. 95 TC. Salary calculation is carried out taking into account the above nuances.

To draw up or not to draw up an order to reduce the time of work at the enterprise? In principle, since this requirement is regulated by labor law, this is not necessary. But if the employer decides to issue such an order, it will not be considered a violation either. It's easier to remind employees that they can leave work early.

Work on pre-holiday days - 2018

We figured out the rules for working on the days before the holidays. Since some holidays are sometimes postponed by the Government, before proceeding with informing staff, please clarify which dates have been approved as holidays for the next year. The table below contains a list of holidays and pre-holiday dates for 2018 in accordance with Resolution No. 1250 of 10/14/17.

List of Official Holidays and Pre-Holidays

What days are declared holidays in 2018?	What days are recognized as short pre-holiday days in 2018?
From 01.01.18 to 06.01.18, 08.01.18

If we turn to the provisions of the said Resolution, it becomes clear that the transfer of the following days (weekends) in 2018 has been made:

From 01/06/18 (Saturday) to 03/09/18 (Friday).

From 01/07/18 (Sunday) to 05/02/18 (Wednesday).

From 04/28/18 (Saturday) to 04/30/18 (Monday).

From 06/09/18 (Saturday) to 06/11/18 (Monday).

From 12/29/18 (Saturday) to 12/31/18 (Monday).

If the employer does not give a short pre-holiday day

In some organizations, shorter working hours the day before official holiday- this is the norm, since such institutions are obliged to ensure continuous operation. How the employer should act in this case is described above, but this will not be a violation of the labor legislation of the Russian Federation.

And what about the employees of those companies whose administration does not want to hear anything about people leaving to rest an hour earlier, and also does not pay overtime for overtime? First of all, remember that such actions are a violation of the requirements of the Labor Code, and therefore entail bringing to administrative responsibility under stat. 5.27 of the Administrative Code. The punishment under this article is provided in the form of a fine in the amount of 1000-5000 rubles. for an employee, 30,000-50,000 rubles. to legal entities. Repeated offenses are subject to a fine of 10,000-20,000 rubles. for an employee, 50,000-70000 rubles. to legal entities. A complete list of sanctions in

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

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

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

On the eve of weekends, the duration of work with a six-day working week may not exceed five hours.

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

The duration of a 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 Russian Federation are:

Existing professional holidays such as Day medical worker, Trade Worker 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 a 6-day working week.

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

Due to the fact that the duration of work with a 40-hour working week is subject to reduction by one hour, on the eve of holidays (non-working) days, the pre-weekend day 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 working 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 the decision of the Government of the Russian Federation, the day off is postponed to a working day, the duration of work on that day (former day off) must correspond to the length of the working day to which the day off is postponed (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 4 ).

With a 5-day work week, the weekly time rate is distributed over 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 weekends, as is provided for a 6-day working week.

In the event that in continuously operating organizations and for certain types of work it is impossible to reduce the duration of work (shift) on the pre-holiday day, overtime should be compensated by providing the employee with additional rest time or, with the employee's consent, by paying overtime.

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

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

1. Non-working holidays are defined by Art. 112 of the 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 reason for its reduction.

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

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

5. The main form of compensation for overworking on the 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 norms 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 overwork caused by the impossibility in continuously operating organizations and on certain types of work to reduce the duration of work (shift) on the pre-holiday day, the law does not determine how long compensation should be provided in the form of additional rest time. As a rule, compensation for such overtime should be included in the shift schedule. If in the organization this issue is not regulated by the shift schedule or collective agreement, then additional rest time is provided by agreement of the parties.

Each hired worker has the right to rest, which is reflected in the provisions of the Constitution of the Russian Federation. In Art. 113 of the Labor Code of the Russian Federation confirms the right of employees to rest on holidays and their weekends. Involvement of them in additional labor activities is possible if consent is obtained in advance to leave in writing. However, employees may opt out of additional processing during off-hours.

Extra time work should be properly framed. Necessary:

• obtain the employee's written consent to go to work during holidays or weekends;
• to familiarize the employee with the conditions of exit, including the right to refuse to work in his free personal time;
• notify the trade union body (if any);
• issue an order on overtime work, indicating the reasons, duration and persons involved.

Sometimes obtaining the employee's consent to perform job responsibilities on weekends is required. These are possible subject to the following conditions in accordance with Art. 113 of the Labor Code of the Russian Federation:

• if it is required to prevent the occurrence of unforeseen circumstances that can lead to catastrophic consequences, including accidents or damage to the property of the enterprise;
• the need to perform work arose in connection with an emergency situation caused, among other things, by a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation). Other categories of employees (disabled people, women with small children under 3 years of age) are involved in overtime work only with their consent. It is forbidden to use on weekends and work of minors.

Possible options for attracting people to work in their free time need to be spelled out in the collective agreement and other internal local acts.

Working conditions on weekends and holidays

If there is a need for overtime work, the management issues an order to attract employees who have agreed to perform work. It fixes the date of overtime work on weekends. When there is emergencies going to work on weekends and holidays can also occur on the verbal order of the management (before the order is issued).

Work on weekends by disabled people or women who have children under 3 years old is possible not only with their written consent, but also provided that there are no medical contraindications for working overtime.

NOTE! If an employee works on an urgent basis labor contract lasting up to 2 months, it will not work to involve him in work on weekends without obtaining written consent, even in case of emergency (Article 290 of the Labor Code of the Russian Federation).

Payment for work on the day off

Employees are entitled to compensation for the use of personal time spent on overtime. They have the right to make a choice:

• or take an extra day off and receive a single payment for work on the day off;
• or agree to monetary compensation double the amount based on the current tariff rate or with piecework payment (Article 153 of the Labor Code of the Russian Federation).

Those employees who are entitled to a solid monthly salary are paid for work on weekends and holidays based on the daily or hourly rate, if the monthly working time (according to the Labor Code of the Russian Federation) is not exceeded. If the limits of working hours per month are exceeded, the payment for additional work activities on holidays and weekends is doubled.

If the employee demanded time off, he must write a corresponding statement.

The rules for calculating additional compensation for weekends and holidays do not apply to those whose regular schedule includes the ability to work on holidays and weekends: employees with irregular working hours, shift work.

All additional conditions can be spelled out in the internal regulation on remuneration, the procedure for filling which you will learn from the article "Regulations on the remuneration of employees - sample 2019 - 2020" .

Sample of consent to work on a day off

The forms of the document confirming the receipt of the employee's consent to go to work during extra time are not legally approved. Each enterprise has the right to develop its own form.

A sample of the employee's written consent to work on weekends and holidays can be downloaded from our website.

Outcomes

In some situations labor activity during periods intended for rest (holidays, weekends), it is necessary to maintain the normal operation of the enterprise. However, in most cases, employees must voluntarily agree to perform work duties outside of working hours. Additional work on weekends for some categories of employees (pregnant women, minors) is prohibited.

The full text of Art. 95 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 95 of the Labor Code of the Russian Federation.

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

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

On the eve of weekends, the duration of work with a six-day working week may not exceed five hours.

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

As a general rule and in accordance with the provisions of the commented article, on the eve of public holidays, the length of the working day or shift is reduced by one hour.

Days of the week during a calendar year, which are recognized as non-working holidays in the Russian Federation, are listed in. Other days cannot be considered non-working holidays in Russia.

Thus, if the duration of the working day or shift for an employee is 8 hours or 4 hours (for example, for employees under 16), then the length of the working day on the eve of a non-working holiday should be no more than 7 and 3 hours, respectively.

The employer does not have the right to establish any restrictions for employees on the provision of a shortened working day preceding a non-working day off.

It should be borne in mind that if a non-working holiday falls on Sunday, which is a general day off, then for employees with a five-day working week, the working day on Friday cannot be reduced by one hour, because this day is not a pre-holiday day. For workers working on a six-day work week, the working hours on Saturday should be reduced by one hour, as on the pre-holiday day.

The provisions of the commented article establish that the duration of a working day or shift on the eve of a weekend with a six-day working week should not exceed five hours. If the day off is Sunday, then the duration of work on Saturday should be no more than 5 hours.

Since, as a general rule, when working in the mode of a six-day working week, the length of the working day on the eve of the weekend is reduced to five hours, then in the case when a public holiday falls on Sunday in accordance with the provisions of the Labor Code of the Russian Federation, the duration of the working shift on Saturday should not exceed four hours.

Exception from general rule there are organizations and certain types of work where it is impossible to reduce the duration of work or shift on the pre-holiday days. In such cases, all employees should be provided with appropriate compensation. The law allows compensation to be provided in one of two ways - by paying according to the rates established for overtime work, or by providing an employee with additional rest time.

It should be borne in mind that the provision of compensation for the specified working hours by means of payment is possible only with the consent of the employee. At the same time, the legislator has not regulated the issue of obtaining the appropriate consent. As a rule, in practice, such consent is concluded orally between the employee and the employer.

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

1. Non-working holidays are defined by Art. 112 TC.

2. According to part 1 of the commented article, the duration of the working day or shift immediately preceding a non-working holiday shall be reduced by one hour both for workers with normal working hours and for those who work on reduced working hours, regardless of the reason for it. reduction.

If a non-working holiday follows a day off, then the working day preceding that day off cannot be shortened. If there is a pre-holiday in the week, the working hours for that week are adjusted accordingly. This rule applies to both five-day and six-day workweeks.

3. The main form of compensation for overworking on the 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. Compensation for such overtime should be included in the shift schedule. If in the organization this issue is not regulated by the shift schedule or collective agreement, then additional rest time is provided by agreement of the parties. Replacement of overtime with payment according to the norms established for overtime work is allowed only with the consent of the employee.