Is it possible to hire an employee on a day off?

First, the boss forces you to work on weekends. And then he offers to work in the office on May 1... Of course, there are careerists who are ready to sacrifice their health and family. However, more often than not, employees turn into “workaholics” against their will.

Dishonest bosses find different ways to take money and time from their employees:

• For example, when signing an employment contract, they verbally warn about “extracurricular work . Without stipulating that according to the Law on work on weekends, the salary is twice as high, and the amount of unforeseen work is no more than 4 hours in 2 days.
• Another trick of employers is the now popular contract for “non-standard working hours” . And, despite the fact that Article 101 contains a clear definition of irregular working hours as EPISODIC involvement in work, the employer forces people to work regularly on weekends. But additional rest should be provided for occasional work! In reality, the boss takes even regular days off.

Of course, the point is not only ignorance, but also the lack of such experience. If when reading the norms of the Labor Code they do not raise questions, then in practice difficulties arise.

So, specific examples from life and their solutions.

Can they be forced to work on weekends?

No one can force you, because this is prohibited by Labor legislation . If you agree with the decision of the authorities, then they must wait for your written consent (Article 113 of the Labor Code of the Russian Federation) .

Without the employee’s consent, he must work on the following days:

• to eliminate or prevent industrial accidents that threaten people’s lives and property;
• in conditions of emergency (state of emergency) or during emergencies (natural disasters).

disabled people, pregnant women and women with children under 3 years of age have the right not to work, despite the above circumstances .

Hiring a person for a company on a day off

When hiring an employee to a company, the employer must take these steps:

1. Drawing up an employment agreement indicating the date (day off).
2. Drawing up an order for employment indicating the same date.

The date of admission to the company and the date of entry into service may vary. That is, nothing prevents you from setting a day off as the date of execution of the document. If a specialist goes to work on a different day, this will not constitute an offense. This is due to the fact that the time of actual entry into service is established not by the employment agreement, but by the organization’s work schedule. The employer can also base it on the specialist’s individual schedule. The latter must be recorded in the employment agreement or in the company’s internal documents.

What to do if there are many holidays ahead? Let's look at an example. The employee is hired on January 1. The company begins its activities on January 11. If the employee does not need to go to the company on January 1, the employer can choose one of two options:

• Indication in the employment agreement of the date when the company begins to operate. In this example, it will be January 11th.
• Do not indicate any date at all. In this case, the specialist must go to work on the first day of the company’s operation.

If an employee is called to work on a day off, a corresponding order must be issued. If both the employment agreement and the order specify a non-working day, and a specialist is expected to be hired to work on weekends, the employer needs to take these steps:

1. Obtaining written consent from a specialist to work on a non-working day.
2. Issuance of an order to involve a worker in the performance of his duties on weekends.
3. Issuing an order to hire a specialist. It is necessary to issue two orders. It is impossible to indicate all orders in one document.
4. Reflection in the timesheet is the output of a professional.
5. Remuneration for work during non-working hours is made on the basis of Article 153 of the Labor Code of the Russian Federation.

If the agreement specifies a date, but the order to engage a specialist to work outside of working hours was not issued, the employee begins to perform his functions on the next working day.

IMPORTANT! The date of execution of the order and agreement must correspond to the date of their actual creation. Sometimes this recommendation is violated, but the indicated option is considered correct. Information from the order, including the date, must be reliable. Therefore, if the company operated on a weekend or holiday, documents can be drawn up. Not necessarily the full functioning of the company. If management decisions were made in the company, papers can also be drawn up. If the company had a day off, the order and agreement must be dated either the previous or the next working day.

Examples

On December 29, an employment agreement was concluded with the applicant for the position of lawyer. The document indicates the start date of work. It's January 1st. On the same day, an order to register a specialist is created. It is dated January 1st. The time a worker actually goes to work is determined based on the company’s individual schedule. The schedule indicates that the company begins operations on January 9. Consequently, the specialist begins his work activity on the same date.

How to calculate legal payment for work on weekends and holidays?

As stated in Article 153 of the Labor Code of the Russian Federation: overtime work on a weekend must be paid at a double rate - both for piece workers and for workers on a daily or hourly rate.

Employees with a monthly salary are entitled to a standard rate of salary if they worked on a day off without exceeding the monthly norm.

And if the monthly rate has been revised, then it will be double the daily or hourly rate for out-of-hours hours.

• For example: If a worker receives 100 rubles for one product, then on weekends he should receive 200 rubles per part.
• For example: If an employee receives 100 rubles/hour, then on days off his work should be paid at a rate of 200 rubles/hour.
• For example: If a person earns 20 thousand rubles/month and worked 6 hours on a day off, then the payment for that day should be calculated using the following algorithm: divide the salary by the usual number of working hours per month (let’s say 168 hours) and multiply the result by 6 (number of extracurricular hours) and by 2. Thus, 20,000: 168*6*2= 1428 rubles.

The nuances of going to work on a non-working day

Various situations may arise in a company that need to be resolved competently and effectively. For example, the head of a department may ask his subordinate to go to work for part of the day, that is, for three hours, or for a full working day according to the standard - eight hours per day. In this case, a natural question arises: is management obligated to provide such an employee with an additional day of rest?

To become more familiar with the standards and instructions for attracting company specialists to work on non-working days, you need to study Article 113 of the Labor Code of Russia. According to Russian legislation, an employer can only invite persons to work on weekends in writing and with the consent of employees.

If an employee agrees to work on a day off, then the boss is obliged to pay for this day in an increased amount; this is stated in Part 1 of Article 153 of the Labor Code of Russia. The payment is calculated depending on the worker. hours on non-working days. That is, management pays the employee only for those hours that he actually worked on a non-working day. More detailed information can be found in Part 3 of Article 153 of the Labor Code of Russia.

When an employee goes on shift, the manager must record the time; this is stipulated in Part 4 of Article 91 of the Labor Code of Russia. In order to correctly pay for work in the future, you need to note the work on weekends in the accounting journal, that is, display the real hours worked by the specialist.

An employee who goes to work on a non-working day can count on being given a day off at a different time. This is demonstrated in part 4 of article 153 of the Labor Code of Russia. However, in this case, the employer can pay the employee on non-working days at the minimum rate. A day of rest is not paid.

In Article 153 you can find instructions on how to pay for work on weekends.

The law of the Russian Federation obliges management:

1. Compensate the work of a specialist on weekends at a double rate, as shown in Article 153 of the Labor Code of Russia. Also, these points can be enshrined in regulatory documentation, employment contracts and collective agreements.
2. Compensate the specialist’s work at the regular rate and allocate a day off. In this case, the rest day will be without payment. The same information is displayed in Article 153 of the Labor Code of Russia.

But before allocating a day of rest to an employee who went to work on a non-working day, the employer must issue an order. All items must be reflected in the application. In this case, the employee can choose a day off when it is convenient.

If a specialist has worked less than a full day and went to work on the weekend, then management has the right to pay only for the hours worked. Payment can be either regular or double tariff. Despite the total number of hours worked on a non-working day, an employee may demand from management a full day off. You can view and get acquainted with the information in the Letter of the Ministry of Labor of Russia 2021.

According to Article 153 of the Labor Code of Russia, an employee can count on a day of rest, even if he worked only three hours on a weekend day when the work norm is eight hours a day.

But another situation may arise regarding payment of compensation for unused days off. Russian law does not provide for the replacement of non-working days with monetary compensation at the request of the employee. The employee has the right to contact management with a written application for such compensation.

The provisions of Article 153 of the Labor Code of Russia say that management has the right to recalculate work if the employee refuses a legal day off for working on a weekend day. all articles

How to protect your rights when your boss requires you to work on weekends?

1. Find out the phone number and coordinates of the regional labor inspectorate . Call or come in person for a consultation.
2. Correctly formulate your complaints - where your rights were violated, and what changes you want to achieve.
3. Attach to the complaint evidence of violation of your rights (statutes, employment contracts, orders, internal regulations).
4. Send this package of documents by letter or bring it in person . When meeting in person, make sure the inspector has dated and signed your copy. Now all that remains is to wait for the complaint to be reviewed and verified within a month.
5. At the end of the inspection, the inspector will draw up a report and give your employer an order to eliminate the identified violations of the Labor Code. Your boss will have to report to the inspector in writing about the correction of violations within the period specified in the order.

Is it worth complaining if you are forced to work on weekends?

It makes sense to complain in 3 cases:

• You don’t want to quit, but the working conditions do not suit you . Then, when contacting the labor inspectorate, emphasize that you do not want to advertise your data. In this case, during the verification, the documents of all employees will be raised, which will not allow you to be identified as the author.
• You are planning to quit because of rude treatment and threats from your boss . Then you can act openly - do not be afraid to defend yourself. You have nothing to lose, so you can defend your rights without risking your work.
• You were fired, but were not paid or did not receive additional wages. In this case, you must contact the tax office and get your money back.

The Labor Inspectorate has great powers. For example, she may suspend the company's operations or go to court to liquidate the company. Therefore, you should not think about the boss’s “big” connections and the shortcomings of our legal system. By following the above simple steps, you can protect yourself and help your colleagues .

Responsibility for incorrect registration

What happens if the employer fills out the documents incorrectly? In this case, there will be no direct violation of the law, since the regulations do not contain direct prohibitions on registering an employee on a day off. Problems with regulatory authorities can be caused by the following errors:

• The date of the order and the date of the employment agreement are different.
• An employee is required to work on a non-working day without issuing an additional order.
• The order does not indicate the actual date of its preparation.

For the last violation, the employer is unlikely to be held accountable by the court or regulatory authorities. This is due to the fact that it is almost impossible to prove the actual date of compilation. The most dangerous situation is hiring a specialist to work on a day off without an order. If an employee contacts the labor inspectorate with this, the company will be inspected.