Why is consent needed?
Many employers believe that oral communications to the other party are sufficient if holidays or weekends require an on-site appearance. Or they use telephone arrangements. This opinion is not true.
You cannot force people to work this way; current laws contain a direct ban on this topic.
The exception is situations where the future uninterrupted operation of the enterprise is highly dependent on the solution of current production issues. But this procedure also requires the exchange of written messages. The consent of the other party must also be obtained in writing.
A prerequisite for any company is the execution of an order, which the employee is introduced to under personal signature. If there is a trade union at the enterprise, then it is impossible to do without agreement with a representative of this association.
Failure to comply with these rules is associated with negative consequences for management. If an inspection is carried out and a violation is detected, the labor inspectorate has the right to bring the director to administrative responsibility and impose a fine. Both specific managers and the enterprise as a whole are punished.
Why do you need a document, procedure
Some employers believe that in order to force a subordinate to work on a day off, it is quite enough to first verbally ask him about it or notify him of such a need by phone. This is fundamentally wrong.
According to the current Labor Code of the Russian Federation, work on weekends (common for all or individual for different categories of workers) is prohibited.
However, in some situations, for example, when it is necessary to immediately perform work on which the uninterrupted operation of the enterprise depends in the future, it is quite acceptable to call an employee to work, but strictly in writing and only after receiving his written consent .
Next, the company must issue a corresponding order, with which the worker must be familiarized with signature. Also, if the organization has a trade union cell, the employer must obtain permission from its representative.
If the management of an enterprise neglects the requirement of the law to obtain written consent to work on a day off from an employee, in the event of an inspection by the labor inspectorate and discovery of such a fact, it may well be subject to serious administrative punishment, in the form of a fine (and will be punished as a director, and the organization itself).
In what cases can you do without consent?
It is allowed to do without drawing up written forms only in certain types of circumstances. Such examples are clearly described in current legislation. An example is the relationship between a citizen’s presence at work and the following circumstances:
- Elimination of emergency situations, prevention of consequences.
- Dealing with unforeseen circumstances.
- Correction of production situations.
- Protection against accidents.
In any emergency, workers are also required to appear on site. For example, when martial law is introduced, during floods and epidemics, fires.
How to draw up and formalize consent?
Consent to work on such days does not have a unified form or current standard. Therefore, an arbitrary version of the document or the development of a special template is allowed. The main thing is that the overall structure complies with the standards associated with office work. In terms of content, there are also some mandatory requirements.
The header should include the following items:
- Information regarding the compiler.
- Description of the addressee. You must indicate the name of the company along with the full name of the manager.
Then comes the main part, which may contain the following information:
- Recording the very fact of consent to work on a certain appointed day. You cannot do without entering a specific date.
- The employee specifically indicates that he is aware of the right to refuse to go to work on a day off.
- It is important to write that the citizen has no contraindications. For example, for health reasons, or because of laws.
The employee’s signature is also considered a mandatory element. Otherwise, consent cannot receive official status.
As for registration, there are no serious requirements for it at the legislative level. To draw up the consent, you can use a regular white sheet with a suitable format. It is also permitted to use letterheads belonging to a specific organization.
We accept both printed and handwritten text.
We arrange work on weekends and holidays
It is possible to attract an employee to work on a weekend or a holiday, but certain conditions must be observed, because, as a rule, such off-hour work is prohibited. The exception is certain situations, for example, the need to eliminate a production accident or natural disaster. As well as a special working regime for the employee, which initially involves performing job duties on generally accepted non-working days.
Experts from online accounting “My Business” have prepared answers to frequently asked questions about the procedure for organizing work on days that are days off for the employee or public holidays.
What days are weekends and holidays?
The generally accepted day off is Sunday. With a five-day work week, the second day off must be established in the organization by collective agreement or internal labor regulations (usually Saturday). Both days off are provided, as a rule, in a row (Parts 1-2 of Article 111 of the Labor Code of the Russian Federation).
