How is work on weekends and holidays paid?

16.07.2019

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4 min.

Not all citizens know how time off for working on a day off is paid, so they often cannot exercise their right and receive compensation. Labor legislation clearly regulates this issue and obliges the company to compensate for forced exits at odd hours. This is expressed in the provision of an additional day of rest on any working day or refusal of it for payment. But to do this, a person needs to write a statement about which option is more acceptable for him.

What it is

The concept of time off is not defined in the Labor Code

The Labor Code of the Russian Federation does not provide a precise definition for time off. However, the legislator establishes situations in which an employee, working beyond the established time or on weekends, receives the right to appropriate incentives. One of them is an additional day off.

Note! Despite the fact that the concept of time off is not provided for in the Labor Code of the Russian Federation, it can be defined as follows - an additional day of rest that is provided to an employee for working beyond the established schedule, including on weekends and holidays.

In fact, time off is a colloquial term that involves missing work for a valid reason. This concept can also be considered as the use of the working time established by the work schedule according to the decision of the employee himself. However, time off should not be combined with a weekend or holiday. The exact amount of working time is determined by the production calendar compiled for each year.

Time off or pay

Instead of receiving increased pay, an employee may ask for an additional day of rest (time off) for working on a weekend or holiday. In this case, the employee does not receive double pay, and the day of rest is not subject to payment (Part 4 of Article 153 of the Labor Code of the Russian Federation). In this case, the salary for the corresponding month must be paid in full. The corresponding position is confirmed by a number of letters from the Russian Ministry of Labor (for example, letter dated March 11, 2013 No. 14-2/3019144-1157).

Replacement of monetary compensation with time off is made only at the request of the employee. The employer has no right to impose it in any form.

Even if work on a day off took only a few hours, the employee who chose the day off is given a full day of rest. This follows from a number of letters from Rostrud of the Russian Federation (for example, dated March 17, 2010 No. 731-6-1). The reason is that the employee sacrificed his full rest due to unplanned work. Therefore, a few hours will not be enough to make up for the losses.

The leave of absence is documented by the employer’s personnel order. There is no established form for such orders, so you can use any form accepted by the organization. It must indicate:

• last name, first name, patronymic and position of the employee;
• the basis for granting a day off;
• The employee must be familiarized with the order and signed, so it is advisable to provide this in the form of the order.

Sample application for time off

to CEO

Alpha Beta LLC

Ivanov V.P.

From: senior engineer Petrova I.Yu.

Application for time off

Based on Part 4 of Article 153 of the Labor Code of the Russian Federation, in connection with work on a non-working holiday - January 2, 2021, I ask you to grant me a day of rest (time off) on January 14, 2021.

Date, signature.

Sample order for granting time off

Limited Liability Company "Alpha Beta"

ORDER

No. 01010-K

January 13, 2021

On granting a day of rest (time off)

Based on Part 4 of Article 153 of the Labor Code of the Russian Federation in connection with the involvement of senior engineer Petrova I.Yu. to work on a non-working holiday - January 2, 2021, provide her with a day of rest without pay on January 14, 2021.

Reason: order No. 01017-K “On hiring on a non-working holiday” dated December 26, 2021, statement by I.Yu. Petrova dated December 30, 2021.

General Director Ivanov V.P. /signature/

I have read the order:

senior engineer Petrova I.Yu. /date, signature/

Reasons for receiving

The process of applying for required time off involves first of all establishing the grounds for this. The most common reasons for receiving an additional day of rest are the following situations:

• the employee performs labor functions in good faith and in excess of established duties;
• overtime recorded in the report card;
• work on weekends and holidays;
• funeral of a close relative, serious illness;
• employee participation in the donor program;
• the need for rest due to overload at work, including emotional;
• undergoing a medical examination;
• obtaining education in parallel with work;
• business trip affecting legal rest days;
• urgent need caused by events such as a wedding, the birth of a child, a summons to a court hearing and other circumstances.

Despite the protection of the legislator, in most cases an employee has to rely only on the employer and his loyalty. In addition, a particular enterprise may have local regulations regulating the issue of receiving time off.

Speaking about specific provisions of the Labor Code of the Russian Federation, we can define several categories of persons who receive time off, regardless of whether the manager agrees to it or not. For example, in accordance with Article 128 of this law, WWII veterans can receive 35 days of compensatory leave per year.

A blood donor has the right to be granted time off

Results

Labor legislation prohibits working on a weekend or holiday, with the exception of certain cases.
If you do have to work, wages must be paid at an increased rate - no less than double the hourly rate for piece workers or no less than double the hourly rate for each hour for workers whose work is paid at the rate. With a shift schedule, days off do not require double pay, unless the employee is called to work on his legal day off. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

When you can’t refuse an employee

In addition to the above provisions of the Labor Code of the Russian Federation on persons who receive time off, regardless of the will of the employer, practice has created cases in which refusal is also not allowed. These include the following circumstances:

• marriage by an employee (can be granted 3 days);
• funeral of a close relative (also up to 3 days);
• donations;
• fact of overtime work, including on weekends and holidays (confirmation of this fact in the report card is required).

Recording time off in documents is necessary primarily for calculating wages. The report card will also act as proof of overtime if the employer wants to deny additional rest.

How to calculate salaries in April during the period of self-isolation

The President of Russia declared the entire month of April non-working due to the outbreak of the coronavirus epidemic. In this regard, accountants have a question about how to calculate wages for April. Vladimir Putin, in his address to the nation, clearly said that wages for April will remain the same.

Option #1. Time-based wage system

For everyone who works for a salary or for a tariff rate, wages will remain in full, regardless of whether the subordinate worked or observed self-isolation at home. The presence of non-working days in April 2021 is not a reason for reducing wages.

The Ministry of Labor recommended that employers introduce a new designation for non-working days due to self-isolation in the time sheet. The new value should be approved by a separate order.

Option #2. Piece wages

If piece-rate workers are sent into self-isolation, and the entire month of April is non-working for them, then wages will still have to be paid. Such specialists are entitled to remuneration, the amount and procedure for calculating it is determined by the local act of the employer.

Option #3. For those who continue to work

If the employer is one of the institutions that were allowed to work in April, then calculate the employees’ salaries in the standard manner. Non-working days do not include weekends or holidays, therefore increased payment is not due for work in April. Of course, if the employee is not brought in on his day off. For example, on Saturday, Sunday or another day - a scheduled day off.

Option number 4. What to do with vacation

If an employee has a vacation and a period of self-isolation at the same time, then do not count non-working days in the duration of the vacation. Vacations on non-working days are not extended. Such clarifications were given by the Ministry of Labor in Letter dated March 26, 2020 No. 14-4/10/P-2696.

Mandatory time off

The application of the procedure for granting an employee time off requires an assessment of the circumstances giving the right to this. To simplify the procedure, the Labor Code of the Russian Federation provides the following provisions:

1. Article 128 of the Labor Code of the Russian Federation. Provides time off for pensioners (14 days per year), parents and spouses of military personnel who died as a result of their duties, disabled people (60 days per year), participants in the Great Patriotic War (35 days per year), also the basis may be a wedding, funeral and childbirth (up to 5 days per year).
2. Article 173-173.1, 174 of the Labor Code of the Russian Federation. The right to time off has been established for university and college students for a period of 10 days to 4 months. Provided if necessary to pass entrance exams, intermediate and final certification, or defend dissertations.
3. Article 262 of the Labor Code of the Russian Federation. An additional day off is provided for women working in rural areas (1 day per month).
4. Article 263 of the Labor Code of the Russian Federation. Establishes the right of parents raising two or more children under 14 years of age, or a disabled child under the age of eighteen, as well as single mothers and fathers with a child under 14 years of age. Number of days off – 14 per year.
5. Article 286 of the Labor Code of the Russian Federation. There is a procedure for providing additional days of rest to an external part-time worker if the vacation at the main job is longer. The number of days is determined taking into account the vacation period.
6. Article 319 of the Labor Code of the Russian Federation. Establishes one day off per month for persons who work in the Far North and are raising a minor child (under 16 years old).

The above cases do not imply refusal on the part of management. In other situations allowing time off, the employer's consent will be required.

The Labor Code defines a specific list of cases when the employer is obliged to provide time off

Is salary subject to indexation?

If the company has low-paid full-time employees (not part-time), check whether their salary is lower than the minimum wage, which has been approved at 12,792 rubles per month since 01/01/2021. If it is lower, it will have to be increased, otherwise you will face a serious fine (from 30,000 to 50,000 for each violation, that is, for each employee whose salary was less than required). It is important to take into account the regional minimum wage indicator - it can significantly exceed that established by the federal government.

Legal documents

• Article 136 of the Labor Code of the Russian Federation
• Article 112 of the Labor Code of the Russian Federation
• Art. 120 Labor Code of the Russian Federation
• Article 136 of the Labor Code of the Russian Federation

Time off at your own expense

If an employee does not have established grounds for taking additional time off, then he receives the right to leave without pay or administrative leave. This is what allows an employee to miss a day of work without the threat of absenteeism. However, the Labor Code of the Russian Federation considers this concept only as unpaid leave. It is regulated by Art. 128 Labor Code of the Russian Federation.

Management may refuse such leave if it considers the reasons presented to be unjustified. The employee submits an application, which is drawn up in free form. After this, the employer makes a decision.

Note! By law, every employee, regardless of the reasons, has the right to leave without pay for an annual period of fourteen days. Exceeding the specified period is possible with the consent of management.

Leisure without pay should not be confused with situations where time off is needed to cover overtime. The grounds for additional leave directly affect the fact of remuneration. For example, if a person worked on a day off, he can receive either an additional day off or monetary compensation. However, if a person needs a couple of days due to a medical examination or other similar circumstances, then there is no provision for saving wages.

Nuances of calculating “holiday” wages during a shift work schedule

How to calculate salary on holidays with a shift schedule? In this case, it is necessary to take into account the features of shift work that can be organized (Article 103 of the Labor Code of the Russian Federation):

• to improve the efficiency of the enterprise (ensuring full utilization of equipment, increasing the volume of products or services provided);

• when the duration of production processes exceeds the permissible duration of daily work.

In such conditions, the workforce is divided into groups, each of which works according to a schedule. How shift work will be organized is determined in the internal local regulations of the enterprise. There are many options: two working days of 12 hours each alternate with the same number of days off, one working day after three days off, etc. The only limitation is that working two shifts in a row is prohibited (Article 103 of the Labor Code of the Russian Federation).

Pay on holidays with a shift work schedule has some nuances:

• Days off can be provided not only on Saturday or Sunday, but also on other days of the week (Part 3 of Article 111 of the Labor Code of the Russian Federation), therefore, work shifts that fall on Saturday or Sunday are not paid at an increased rate and are considered regular working days with payment in a generally established manner.
• Work on non-working holidays is paid at least double the amount (taking into account the principle of proportionality, which was mentioned earlier).

Paying employees at night has important features. Find out which ones exactly from the advice from ConsultantPlus. Get free access to K+ and go to the HR Guide to find out all the details of this procedure.

How is payment made on a day off if the employer was forced to invite an employee to work outside of the schedule? The general rules of Part 1 of Art. 153 of the Labor Code of the Russian Federation, when work on a legal day off is paid at an increased rate.

See an example of salary calculation for shift work.

Financial compensation

Labor legislation does not provide for the concept of time off, and, accordingly, the procedure for their payment. However, taking into account the fact that a number of days off are equivalent to leave without pay, we can conclude that additional days off are not paid even if there are good reasons. An exception that confirms this rule is donation, in which the employer is obliged to provide the employee with paid days for rest and recovery.

Another option when an employee can receive monetary compensation instead of time off is overtime. However, in practice the choice between additional time off and financial payment is made by the employer. That is, it is possible to refuse compensation and issue an additional day of rest. This is done in order to save money on the part of management, but this cannot be fully considered a violation.

For going to work on holidays or weekends, you can receive time off or monetary compensation.

Also in practice, you can receive compensation upon dismissal. The calculation will be carried out in accordance with established standards in a particular organization. If an employee takes a day off after working a full shift, then the payment will be appropriate.

Non-working and working holidays: how to pay

We perceive a holiday primarily as additional time for relaxation. However, not every holiday allows you to legally not go to work:

Non-working days and holidays have already been approved for 2021. See our 2021 production calendar in this post.

Payment for working holidays is made in the usual manner (as an ordinary working day). Pay on non-working holidays has some nuances:

• for salaried employees, the presence of non-working holidays in a calendar month is not grounds for a salary reduction;
• Shift employees for working according to a schedule on a non-working holiday are entitled to additional remuneration, the amount and procedure for payment of which are established by internal local regulations of the enterprise.

Thus, the legislation also establishes specific rules for holidays:

The mechanism of remuneration on holidays is mainly influenced by the operating mode of the enterprise. For example, no “holiday” additional payments will be required if all employees are paid based on salary, there are no shift workers and there is no need to be called to work during holidays.

The employer should also not forget that he cannot always invite the entire workforce to work on a holiday or day off - there are restrictions and prohibitions in this matter established by labor legislation.

We explain how sick leave and vacations that fall on holidays are paid in the following materials:

• “How to calculate vacation if it falls on holidays”;
• “How sick leave is paid on holidays.”

Refusal of compensation

As stated above, material payments towards the required time off are not provided for by labor law. This fact gives the employer the right to determine the compensation regime for employees if overtime is recorded. That is, working on weekends for time off according to the Labor Code does not oblige the management of the organization to provide compensation; it may, at its own discretion, refuse to pay money. You shouldn't get into an argument over this. Full cash for unused vacation is possible only upon dismissal.

Also, when establishing separate reasons for time off (wedding, funeral, medical examination), monetary compensation is not provided at all. That is, if the employee demands to pay money, for example, for three days allocated for a wedding, he will receive an unequivocal refusal. The exception is the category of employees who are entitled to a certain number of days off directly according to the Labor Code of the Russian Federation.

Normative base

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

The first thing that those who are going to understand the topic of whether a day off is paid is that they will not find this concept anywhere in the Labor Code. Time off, by mutual agreement, is a free day given to an employee during a period when the company's schedule assumes normal employment. In other words, if a company operates from Monday to Friday, then absence from work on any weekday, agreed upon with management, will be considered a day off. If exemption from work on this day is not agreed upon before its onset, then it will rightly be called absenteeism.

To be fair, it should be noted that although there is no concept of time off in the Labor Code, the term “additional day of rest” is often used. By mutual agreement with the employer, you can get it for:

• Work on state or regional holidays and non-working days, art. 153 TK;
• Overtime work (both with a 40-hour week and according to a summarized schedule), Art. 152 TK;
• Voluntary donation, art. 186 TK.

If, for some personal reason, a person needs free time during the work week, then this is also called time off. In such a situation, the employee may not have a legal right to an additional day, but there are still options to get a day off on weekdays:

• You can ask for a few days to offset the duration of the next main or additional leave, Chapter 19 of the Labor Code;
• If the paid days in the worked period have already ended, then the employer may agree to provide days without pay, Art. 128 TK.

And if the method of organizing a free day is not particularly concerning to an ordinary employee, then the issue of paying time off for working on weekends and holidays can become truly relevant.

Mandatory right to uncategorized leave

No one can argue with the statement that an offer to work longer is expressed by management more persistently than a willingness to let go from work. But, when the working hours are already recorded in the time sheet or there are unpaid rest days for previous periods, it is much easier to force the employee to heed his requests. Free days requested “in advance” are more difficult to obtain. The argument may be some urgent or valid reason indicated by the employee in his application. This equally applies to the situation when an employee asks to be given leave at his own expense. In the latter case, however, circumstances may arise when the employer is disarmed due to the status of the person who applied or the nature of his problem:

Do not forget that an additional option for obtaining free days may be contained in the company’s collective agreement.

Paid and unpaid time off

Those who intend to ask for an extra day from their employer need to clearly understand that the question of whether time off is paid is not entirely correct. There are several options for approaching financial security:

• Days of absence do not imply payment at all, Art. 128 TK;
• Failure to appear implies that the hired person retains the average salary under Art. 167, chapters 19 and 28 of the Labor Code;
• The time off is not paid, since it was chosen by the employee himself as a way of compensation for working overtime or on days off, Art. 152 and 153 TK.

For those who ask to give him a day from the rest periods from Chapter 19 of the Labor Code, you need to remember that you can’t “pinch off” from every vacation. If the provision of time off from work is timed to coincide with a specific event, then taking a piece at an arbitrary time will not work. For example, it is simply impossible to ask for a day of student leave in advance, because the right to it appears only after receiving a call and an examination certificate of academic performance (Chapter 26 of the Labor Code). From there they also extract information about the period, duration and method of payment for this time.

The employer is obliged to provide time off on the day specified by the employee only if the employee was previously involved in overtime work. If free time off without good reason is requested by employees who do not belong to a preferential category under Art. 128, then the employer has every right to refuse their request.

Submission period

You can get days off for overtime, donation, and under other possible circumstances at any time while working in a specific organization. The law does not provide for a limitation period for registering time off. For example, if in five years of work a pensioner never takes advantage of additional rest, then in the sixth year of work he will have the opportunity to take seventy days off immediately. Thus, the days of compensatory leave do not expire and are retained by the employee until they are used or dismissed with monetary compensation.

Types of time off

The legislation does not in any way regulate the permissible number of engagements to work outside of working hours within the framework of the activities of one enterprise. In fact, such orders can be issued even daily, the main thing is that there are real reasons for this and the consent of the employees. It is necessary to discuss with them the issue of compensation for such hours. The choice is small: increased pay or an additional free day.

For the employer himself, who is constantly experiencing a shortage of staff, “of two evils” it is more profitable to choose the one that can be solved with money. This simplifies accounting and does not lead to interruptions in the company's work. But even if the employer is ready to spend, he still will not be able to do this indefinitely, since in a calendar year an employee can only work 120 hours more than the annual time standard, Art. 99 TK.

Everything worked in excess of this mark must be compensated by providing days of rest. And then the employer faces a fair question about how to arrange this and is time off paid for work in excess of the maximum amount?

Working hours on weekdays or appearing on weekends

No reason to remain at work after the end of the working day or the end of the shift can keep an employee more than 4 hours a day and more than twice in a row. Accordingly, this time can be paid according to the rules of Articles 152 and 153 of the Labor Code, depending on the day of the week (one and a half or two times the amount).

But it may also be like this: the employee initially asked to replace financial compensation with hours of rest. If we assume that he worked four days off in a month for 4 hours, then he is supposed to take two days off during the working week. In this situation, employees of the HR and accounting department may be overcome by doubts about: is time off paid for working on a day off and how to reflect this on the timesheet?

First of all, you need to look at the overtime work order. If it involves a one-time extension of the shift, but without exceeding the monthly standard of hours, then you just need to correctly reflect the distribution of working time in the form of recording hours (T-12 or T-13). Then the day off will not be subject to payment, like Saturday and Sunday with a five-day work week. In fact, it turns out that the day of rest will simply be postponed, and the labor time will be paid at a single rate.

It’s another matter when the total number of hours exceeded the monthly, quarterly or annual norm (but no more than 120). Processing time can still be “given away” on weekends, and payment will be charged in a one-time amount. However, in the final report, the person’s salary will be more than the established salary due to the increased number of hours worked in the report card. The decision to compensate overtime with days of additional rest entails a change in the amount of payment. For all hours worked, wages are calculated at a single rate, and days off are not paid at all, Art. 152 and 153 TK.

Payment for work on holidays

Work on holidays according to the Labor Code, and more specifically, according to Art. No. 153, is equivalent to working on weekends. According to the law, remuneration is no less than double the amount, but can be increased if this is provided for in a collective or individual agreement. There are subtleties that are important to know:

• When working piecework, you are required to work at least double rates
• If the tariff rate is set hourly, then the rate is also multiplied by two
• If it is an official salary, then for the day worked, a daily salary is calculated in addition to your salary. And if the monthly hourly rate is exceeded, then plus double salary (i.e. triple the amount)

Of course, it’s not always possible to get the right payment from your bosses. Then you can use the information given above - i.e. We use overtime as an extra day off. An application for paid time off for working on a day off is written simply - change the word “day off” to “holiday”, and that’s it.

Overtime pay

The problems described in the previous paragraph may arise for management, even if no one is going to pay off. It is quite possible that the employee suddenly changed his mind and applied to replace the rest days with money.

It is immediately necessary to make a reservation that the employer has the right to refuse such a replacement, provided that the form of compensation has already been specified in the order for employment and the days have been agreed upon. But if the management intends to meet the employee halfway, then the accounting department’s doubts about whether time off is paid for previously worked time and what method of calculation should be used should be dispelled in an additional order for the enterprise.

For those who encounter similar situations more than several times a year, it is more correct to consolidate these provisions in the collective agreement. If you don’t want to make changes to one of the fundamental documents, you can simply publish this rule in a separate local document of the company (order or regulation). To avoid disputes when determining the amount of compensation for unused time off, it is easier to find the opportunity to provide earned rest time during the notice period.

Registration procedure

Absence from work agreed with management must be documented.

When deciding how to arrange time off for an employee, it is enough to study the procedures for issuing a leave order. The procedure is similar. The employee and his management are required to go through several stages of registration:

1. Compiling and submitting an application. This stage is implemented by the employee. You must submit your application in advance.
2. Consideration of the application and making a decision. Management can refuse only in exceptional cases; in practice this does not happen. The only thing the employer can do is change the dates of rest if the specified circumstances allow it.
3. Issuing an order. It is imperative to document time off and reflect the information on the timesheet. This will help in calculating wages and possible monetary compensation.

Regarding the preparation of the application, it should be noted that it is formulated in free form. There is no established pattern. It is enough to indicate the name of the manager, employee, state the reasons for the leave and its period. The application is registered, so it is appropriate to make two copies. The time period for consideration of the application has not been established, however, in practice the decision is made within two to three days.

How many hours do you need to work?

The Labor Code of the Russian Federation does not provide any explanations regarding the registration of time off or the refusal to provide it if the employee worked part-time. That is why the question arises, how much time off is required for working on a weekend?

When an employee goes to work on a day off and spends all the time there that he works in a standard case, then questions about granting time off usually do not arise. Article 153 of the Labor Code of the Russian Federation states that time off can be obtained for going to work during free time from work.

If you literally read the text of the article, you can conclude that the legislator insists on providing a whole day of rest, regardless of the number of hours worked on the day off.

No proration of rest hours for extracurricular work is applied. That is why, even if the employee was on site for a couple of hours on a day off, the employer is obliged to provide a full day of rest.

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Taking time off at your own expense

Receiving rest without pay, that is, at your own expense, occurs according to the general rules. First of all, you will need to contact your employer. He must assess whether the employee has days to rest, and then consider the application for time off.

Note! It is not necessary to indicate the reasons for additional leave. It is enough to indicate that family circumstances or health conditions necessitate the need for days off.

If the basis involves time off without the possibility of refusal, then it is necessary to confirm the established reasons. During the medical examination, appropriate certificates are issued, and the donation is also supported by documents. The social status of employees, which gives them the right to additional rest, also requires official confirmation. At the same time, the subtleties of arranging a vacation at his own expense are determined by the employer by issuing local acts.

Application for time off at your own expense

Features of exit payment

Paid time off for working on weekends is at least double the amount. Additional bonus is accrued only for the time actually worked, taking into account the lunch break. If the labor standard for the month is not exceeded, the accrual is made in a single amount, and the employee is given time off. You can relax all day, even if you go out at odd hours for only a couple of hours.

Time off for work on weekends is provided on a one-to-one basis, that is, for a shift on Saturday or Sunday it is offered to rest on another working day. Increased pay is due only for overtime hours, and is issued during the payment of the next salary.

How to apply?

Providing time off to an employee is possible only if there is a personal application addressed to and agreed upon with the company management.

How to write a statement?

An application for additional leave may be submitted in the form of a memo.
The text must state the essence of the request: provision of time off for a previously worked weekend or holiday, indicating specific dates, duration of rest, reference to Part 4 of Article 153 of the Labor Code.

The signed application is sent to the human resources department, and then to the director of the company.

How is an order drawn up?

Having received an application from the employee, the personnel service prepares an order in free form.

It indicates exactly when the leave will be provided and on what legal grounds.

The order is signed by the head of the enterprise and sent to the employee for review.

Only after this the subordinate can safely be absent from the workplace without fear of recording absenteeism.

Download sample documents

Download an application for time off for working on a holiday - sample.

This is what the sample looks like:

Download an order for granting a day off for a holiday - sample.

This is what the sample looks like: