153 article of the Labor Code of the Russian Federation with comments
Article 153 of the Labor Code of the Russian Federation, 2015 year has not undergone any changes. Normally, the procedure for calculating salary for employees on weekends and holidays is defined. Let's consider further, what rules establishes Article 153 of the Labor Code of the Russian Federation in 2016.
Calculation procedure
153 article of the Labor Code of the Russian Federation establishes,that work on a holiday and a day off is paid not less than twice the amount. The rule defines specific rules for individual categories of employees. In particular, payment is carried out:
- Saddlers - not less than double the rates.
- Employees whose professional activities are paid by hour or daily rates are not less than the second rate.
- Employees who receive a salary are not less thansingle rate (hour / day) above the norm. This rule applies if the professional activity was conducted in a festive and a day off within the limits of the monthly standard of time. If the work was carried out above the norm, the calculation is carried out at a double rate in excess of the salary.
Specific amounts of wages may be provided for in a collective agreement, a local act that is approved taking into account the opinion of the union or an employment contract. Part 3 of Article 153 of the Labor Code of the Russian Federation establishes that, at the request of an employee,who carried out professional activities on a holiday or a day off, he may be given a rest for another day. In this case, s / n is calculated in a single size. Spending is not paid for.
Additionally
153 article of the Labor Code of the Russian Federationmedia workers, video and television crews, concert, theatrical institutions, circuses, cinematographic organizations, as well as other persons involved in performing / creating works, into a separate category. Payment for their work on holidays and weekends can be determined on the basis of a local act, labor or collective agreement.
Comments on Article 153 of the Labor Code of the Russian Federation
Implementation of professional activities inholidays and weekend legislation refers to work in conditions that deviate from normal. In accordance with the general rule, this situation is not allowed. Involvement of citizens to activities during holidays and weekends is carried out with their consent, executed in writing, if necessary, to fulfill unforeseen tasks, from the urgent implementation of which depends subsequently normal operation of the enterprise as a whole or its individual units. 153 Article of the Labor Code of the Russian Federation, allowing the employment of employees beyond the norms of time, establishes a number of guarantees for them.
Exceptions
As was mentioned above, the attraction of persons toovertime is carried out by their consent. However, the law provides for cases when it is not required. In particular, it is allowed to involve citizens in activities on a day off or a holiday for:
- Warnings or elimination of the consequences of a disaster, a natural disaster, an industrial accident.
- Prevention of deterioration / destruction of the property of the employer, municipal / state property, accidents.
- Implementation of works, the implementation of whichis caused by the introduction of a military or emergency situation, emergency activities in emergency situations, under other circumstances that threaten the health and life of the population or individual citizens.
In all other situations, it is necessary to obtain their consent to attract workers. In compensation for the use of time restand 153 of the Labor Code of the Russian Federation provides for increased payment.
Nuances
On holidays / non-working days is allowedperformance of professional tasks, suspension of which is impossible due to production and technical circumstances. In particular, this is typical for continuously operating enterprises. In addition, work is allowed due to the need to provide services to the public associated with emergency repairs, loading and unloading. Involvement of women who have dependents under three years of age and persons with disabilities to engage in professional duties during the weekends and holidays is allowed, provided that this is not contraindicated in accordance with the conclusion issued by the medical institution in accordance with the procedure established by federal legislation or other regulatory documents. The specified persons should be acquainted under the signature with the right to refuse activity in days of rest. Involvement of persons on weekends and holidays is carried out by the order of the tenant.
Specificity of calculation
In an employment or collective agreement,provide for a higher payment of professional activities, compared with the established art. 153. If the work was carried out on a holiday in part, then only those hours that were part of the overtime day are compensated. Legislation allows for the replacement of payment on the day off.
In this case, the employee will not receive an increased salary. In this case, the time off will not be paid.
Conclusion
In the course of business, enterprises canthere are various unforeseen circumstances that may require overtime involvement of employees. The employer must comply with the rules established by law. In particular, it is necessary to obtain citizens' consent (written) for the performance of overtime work by them. In addition, employees should be compensated for unused hours / days of rest by cash payments. The law prescribes the calculation of wages for work on a weekend or a holiday in double size. This requirement is aimed at realizing the right of citizens to receive a decent payment for their labor. Art. 153 is dispositive in nature, providing for the possibility of the employee to refuse compensation, in return for a different day of rest. At the same time, a citizen must understand the consequences of his actions. Receiving a different day of rest, he is deprived of an increased payment for his professional activities, carried out on a day off or a holiday.
