The day is paid no less. Holiday payment. Payment procedure for holidays and weekends. Holiday payment calculation. How to pay for a day off on a business trip

For those employees who receive piecework wages, double piecework rates apply on a public holiday. For example: Ivanov receives 100 rubles for making 1 part, on a holiday he managed to make 10 parts. The payment for this will be 10 × 100 × 2 = 2000 rubles. On a normal day, he would have received only 1,000 rubles for the same amount of work done. Employees who were called to work on a holiday, whose work is paid according to the daily / hourly tariff rates, get this day double the rate. Also here it should be borne in mind that such a day should not have been counted as a working day in the month at all. For example: Ivanov worked 21 days in a month where there were only 20 working days (that is, 1 day was a holiday) at a daily rate of 2,500 rubles. This means that for the holiday he is entitled to 2500 × 2 = 5000 rubles, and for the whole month - 20 × 2500 + 1 × 5000 = 55 000 rubles.

What holidays in May 2018 are paid double?

Many organizations will be days off these days, but there are also many that will work, and therefore workers these days should receive double the amount of wages. The author in his question asks exclusively about the holidays in May. Therefore, I will not write about simple weekends in my answer.
Everything is extremely simple, in May 2018 there are only two holidays - these are May 1 and May 9, if you have to go to work these days, you should receive double payment for work these days. Holidays in our country are paid double and if the employer calls you to work or your shift falls on these days, then you have the right to receive a larger (double) remuneration.

Will they double pay for work on holidays?

Attention

In such companies, the work of employees (all or only part of the team) is usually built on a shift basis.

• A typical work schedule is when employees work five days a week, working eight hours each day. Although there may be options with a six-day week or an extended / shortened working day.
If an employee is arranged to work in shifts, then even before signing the employment contract, he is warned about the need to work on holidays, if so provided by the schedule. For the rest of the workers, access to workplace on a holiday - this is an exceptional situation, which is possible only after a written order from the management and obtaining the written consent of the employee himself.

IMPORTANT! Pregnant women and minors cannot be involved in work on public holidays.

How to pay double payment for May holidays 2018

Remuneration of work on weekends and non-working holidays Work on a weekend or non-working holiday is paid at least twice: for pieceworkers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; salaried workers ( official salary), - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly rate working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Payment for weekends and holidays

Compensation for this hour can be of two types:

1. In the form of providing additional rest time (for example, going to work one day an hour later).
2. In the form of monetary compensation, the amount of which is calculated as per hour of overtime work.

Overtime pay implies that the employee receives one and a half hourly rate for the first two hours of overtime work and double the rate for each subsequent hour. Who can be called to work on weekends and holidays? The rules of the article Art. 113 of the Labor Code of the Russian Federation regulates the procedure for engaging in work on a holiday. There are two ways to organize a workflow here:

1. Continuous production or 24/7 service.

For which days in January 2017 is the payment doubled?

Although the second day of the first spring month is a day and a day off, it is highlighted in red in the production calendar, but we still do not have such a holiday - May 2, a holiday only on the first day. And then, of course, great holiday ours is Victory Day, May 9th. On these two May days (1 and 9), those who have to work will receive double for their labors.

Info

Well, at least all calendar days off, if they fall on a working day, will be paid double - these are all May Saturdays and Sundays. Also, the days of May 1 and May 9 will be paid double, because they are holidays. Do you know the answer? 0 need help? See also: How many days do we have a rest on May 1, 2018, when to work? Production calendar for 2018 of the Republic of Adygea.

Where can I download? Production calendar for 2018 in Karachay-Cherkessia.

Holiday payment

It's just that the schedule was drawn up in such a way that someone got the job on the holiday. However, the fact that work on a holiday was foreseen in advance, and was not the result of emergency situation, does not mean that this should not affect the salary. By general rule work on a holiday is paid double, and for shift workers this rule is the same, only implemented a little differently.
For work on a public holiday, such an employee receives his/her daily/hourly rate (for regular work), plus at least one daily/hourly rate (for work on a holiday). The result is a double payout.

In most organizations, it is two days off in a row. But at some enterprises, the weekend schedule may differ from the generally accepted one, which is usually caused by production needs. True, in such cases, the transfer or reduction of days off must be supported by documents.

The documents justifying the change in days off primarily include:

• orders from the management of the company. This order should clearly state the reasons for overtime work on weekends and holidays, as well as the position and name of the employees who should be involved in it;
• written consent from the employee.

At the same time, it should be remembered that there are categories of persons who, under no circumstances, by order of the management, can be involved in work on weekends and holidays.
Night work on holidays and its payment Another feature of work during the holidays is the fact that an employee can be involved in work at night. Here, when calculating wages, allowances are taken into account both for night time and for a holiday. In accordance with the Government Decree “On the minimum amount of wage increases for night work” No. 554 dated July 22, 2008, the answer to the question of how work on holidays at night is paid is as follows: from 10 p.m. to 6 a.m., 20 %.
Here again there are two options:

1. Those employees who went to work at night on a holiday according to the schedule (i.e.

Holidays are double paid

In particular, the form of accrual and the amount wages for them is established by collective agreements, individual labor agreements and, again, with the help of internal regulations. How should work on weekends and holidays be paid during a business trip Pay during business trips working time that fell on holidays and weekends must be exactly in the same order as if the employee of the enterprise were directly at his workplace. That is, if he fulfills his job responsibilities on Saturday or Sunday, which are considered days off at his enterprise, then these days must be paid at a double rate or, with the consent of the employee, be compensated by a day off on any day convenient for him.
According to the provisions of this article, compensation to an employee for work on these days is due in one of two options:

• as an additional payment or
• another day of rest instead of the one worked.

The employee decides which compensation to choose. How much is paid for work on holidays? Work on a public holiday is paid at least double the amount. But this is the minimum size. The employer can pay for work on holidays and in a larger amount.

The specific amount of payment for such work may be established by an employment contract concluded with an employee, collective agreement or other local normative act adopted taking into account the opinion of the representative body of employees. If an employee wants to rest another day? At the request of an employee who has worked on holidays, he may be given another day of rest.

Pieceworkers - not less than double piecework rates;

Employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;

For employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if the work on a weekend and non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double hourly or daily rate in excess of the salary, if the work was made in excess of the monthly norm of working hours. Specific amounts of remuneration to an employee for work on a weekend or holiday may be established by local acts of the organization adopted in accordance with Art. 372 of the Labor Code of the Russian Federation.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

In a special order, wages are paid on weekends and non-working holidays for creative workers of cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes.

For them, it is established in accordance with the lists of professions approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, and can be determined on the basis of an employment or collective agreement or a local regulatory act of the organization.

Pay at night(Article 154 of the Labor Code of the Russian Federation). Night time is from 22:00 to 06:00. Each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by labor legislation.

The minimum size of such work is established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

The specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, a collective or labor agreement.

Payment in case of non-compliance with labor standards(Article 155 of the Labor Code of the Russian Federation). The law differentiates the amount of remuneration of an employee in case of non-fulfillment of labor standards, depending on the reason for such non-fulfillment. So, in case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties due to the fault of the employer, payment is made for the time (work) actually worked, but not lower than the average salary of the employee calculated for the same period of time or for the work performed.

In case of non-fulfillment of labor standards (official duties) for reasons beyond the control of the employer and employee, the employee retains at least two-thirds of the tariff rate (salary), calculated in proportion to the hours worked.

In case of non-fulfillment of labor standards (official duties) due to the fault of the employee, payment of the normalized part of wages is made in accordance with the amount of work performed.

Let us consider situations when an employer can involve employees to work on weekends and holidays, the amount of additional payments for these days, depending on the wage system used at the enterprise, the features of paying a day off or a holiday to a seconded employee and creative workers.

MODE OF WORK AND REST

The employer has the right to independently establish the regime of work and rest, the system of remuneration in accordance with labor legislation, taking into account the specifics of the organization's activities, its needs for labor resources.

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

At enterprises with a continuous cycle of work, where the suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the calendar week in turn to each group of workers in accordance with the rules of internal labor regulations. In this case, most often the total accounting of working hours is kept.

In addition to weekends, employees are provided with holidays. In accordance with Art. 112 Labor Code of the Russian Federation non-working holidays in Russian Federation are:

NOTE

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

In accordance with Part 5 of Art. 112 of the Labor Code of the Russian Federation for the rational use of weekends and non-working public holidays days off can be transferred to other days in the next calendar year by a regulatory legal act of the Government of the Russian Federation. Information about their transfer is subject to official publication no later than one month before the corresponding calendar year.

CONDITIONS FOR INVOLVING TO WORK ON WEEKENDS AND HOLIDAYS

According to the general rule enshrined in Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. The exception is individual situations provided by law.

The employer can involve employees to work on weekends and holidays only with the written consent of the employee in the following cases:

• the production and technological cycle in the organization is not interrupted;
• specialists of the organization perform work caused by the need for constant continuous service to the population;
• there was a need for urgent loading and unloading operations.

Sometimes obtaining employee consent to perform job duties weekends are not required. This is possible under the following conditions specified in Part 3 of Art. 113 of the Labor Code of the Russian Federation:

• to prevent or eliminate the consequences of an industrial accident, natural disaster, catastrophe;
• to prevent accidents, destruction and damage to the property of enterprises;
• to perform work, the need for which arose in connection with an emergency, including a natural disaster or martial law.

An exception is made for pregnant women. They cannot be involved in work on weekends and holidays (Article 259 of the Labor Code of the Russian Federation). It is forbidden to use the work of minors on weekends, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation). Creative workers under the age of 18 may be involved in work at night and on weekends and holidays.

NOTE

Night time is considered from 22:00 to 06:00.

The performance of work on weekends by disabled people or women who have children under three years of age is possible with their written consent and in the absence of medical contraindications for working overtime.

Work on weekends and non-working holidays must be properly documented. Necessary:

• obtain written consent from the employee to go to work during holidays or weekends;
• familiarize the employee against receipt with the conditions of exit, including the right to refuse to work in their free personal time;
• notify the trade union body (if any);
• issue an overtime order. The order must indicate the date and reason for the exit overtime work, duration of work, list of involved persons.

NOTE

When emergencies going to work on weekends and holidays can also occur by oral order of the management (before the issuance of the order).

All additional terms going to work on weekends and holidays can be prescribed in the internal regulation on wages.

The form of a document confirming the receipt of the consent of the employee to go to work in additional time, is not legally approved. Each enterprise has the right to develop it independently. Let's take an example of this form:

Notification

dated 19.05.2017 No. 5

Need to work on weekends

Dear Oleg Ivanovich!

Due to production needs (unloading perishable goods), we ask you to come to work on the day off 05/20/2017 (from 9:00 to 13:00).

Weekend work will be paid double in accordance with Art. 153 Labor Code RF.

At your request, you can get another day of rest at no additional charge.

Please make a note of consent or refusal to go to work.

Director of Ritm LLC Klimanov V. M. Klimanov

Back side of the notice

Acquainted with the notice.

Agree to go to work 20 » May 2017

Exit conditions: Double pay for weekend work .

Medical contraindications for work: I have not .

Storekeeper Ivanov O.I. Ivanov 19.05.2017

PAYMENT ON WEEKENDS AND NON-WORKING HOLIDAYS

Remuneration for work on weekends and holidays is carried out in accordance with Art. 153 of the Labor Code of the Russian Federation. The amount and terms of payment are presented in Table. one.

Table 1. The amount and conditions of remuneration on a day off and a holiday
Wage system	Payment amount	Terms of payment
Official salary	The amount of one salary	If work on a weekend or holiday was carried out within the monthly norm of working time
	Double salary rate	If the work was done in excess of the monthly norm of working hours
Time payment	At least double the daily or hourly rate
Piece-work payment	Not less than double piece rates	In all cases when working on weekends and holidays

Labor legislation establishes minimum guarantees for wages on non-working holidays, which the employer can increase through contractual or local regulation. The employer has the right to establish specific amounts of remuneration for work on a weekend or holiday and prescribe them in a collective agreement, an internal local regulatory act, an employment contract. This is expressly stated in Art. 153 of the Labor Code of the Russian Federation.

IT IS IMPORTANT

The amount of payment for work on a weekend or non-working holiday, prescribed in the collective agreement, local regulations company and the employment contract, cannot be lower than those provided for by labor legislation and other regulatory legal acts containing norms labor law(Article 149 of the Labor Code of the Russian Federation).

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. If the employee requested to provide time off, he must write an appropriate application. In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not payable.

If the amount of wages on a non-working holiday is less than the amount of wages established by labor legislation, then the employee has the right to apply to the State Labor Inspectorate. Based on the results of the audit, the employer may be held administratively liable for violation of labor law. Officials face a fine in the amount of 1,000 to 5,000 rubles. legal entities- from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For partial non-payment of wages for more than three months, criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation). However, according to statistics, employees rarely turn to the State Labor Inspectorate with such complaints.

Payment for work on a weekend and a holiday to a salary employee

For employees who have a salary, wages in excess of the monthly norm are calculated based on the daily or hourly rate (in excess of the salary).

daily rate determined by dividing the employee's salary by the number of working days in the month production calendar for which the salary is calculated.

For calculation hourly rate two options can be used.

Option 1: the employee's salary is divided by the number of working hours in a month according to the production calendar, for which wages are calculated:

Hourly rate \u003d Salary / Monthly standard according to the production calendar.

Option 2: the employee's salary (monthly tariff rate) is divided by the average monthly number of working hours:

Hourly rate \u003d Salary / (Average annual standard / 12).

Average monthly working hours is the result of dividing the annual norm of time by 12.

The official salary of engineer Surikov O. B. is 60,000 rubles. For him, a 40-hour work week is set, weekends are Saturday and Sunday.

In fact, O. B. Surikov worked 15 days in May, including one holiday: due to production needs, he worked on May 9. The norm of working hours in May 2017 is 20 days. Let's calculate the payment of Surikov O. B. for May 2017

1. Let's set the daily rate. To do this, we divide the employee's salary by the number of working days in May 2017 according to the production calendar:

60 000 rub. / 20 days = 3000 rubles.

2. We will calculate the payment on a holiday.

Surikov O. B. worked on a holiday. At the same time, he did not exceed the working time standard (20 days) established for May 2017. This means that his payment on the holiday on May 9 will be equal to the daily rate - 3000 rubles.

3. We calculate the payment for the rest of the time actually worked in May. Multiply the daily rate by the number of working days worked:

3000 rub. × 14 days = 42,000 rubles.

4. Let's do the payroll for May. The salary of Surikov O. B. for May 2017 will be:

42 000 rub. + 3000 rub. = 45,000 rubles.

E. V. Akimova, auditor

The material is published in part. You can read it in full in the magazine.

Schedule shift falls on a holiday 05/05/2016

According to the schedule, the shift of the employee falls on a non-working holiday. How should work on this day be paid? Is there anything special that needs to be done on this day?

Payment

According to Art. 153 of the Labor Code of the Russian Federation “work on a weekend or non-working holiday is paid at least twice:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

employees who receive a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Specific amounts of remuneration for work on a day off or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

An increased payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.

Exceptions for employees who work according to a shift schedule or rolling schedule, Art. 153 of the Labor Code of the Russian Federation has not been established. Therefore, we believe that in such cases, work on non-working holidays should be paid at least twice the amount.

According to the same article 153 of the Labor Code of the Russian Federation, “at the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Decor

Article 113 of the Labor Code of the Russian Federation establishes some features of the design of attracting employees to work on a non-working holiday. Recall them:

In some cases, it is required to obtain the written consent of the employee to work on a non-working holiday.

In addition, in some cases it is also required to take into account the opinion of the elected body of the primary trade union organization.

Engaging certain categories of workers (disabled people, women with children under the age of three years) to work on non-working holidays is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday. This rule applies to fathers raising children without a mother, as well as to guardians (custodians) of minors (Article 264 of the Labor Code of the Russian Federation).

Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

On the issue of formalizing work on a holiday for workers who work according to schedules, there are different points of view among specialists.

So, some believe that if in an organization, according to the schedule, the shift of an employee falls on a holiday, then it is necessary that all those named in Art. 113 of the Labor Code of the Russian Federation, conditions and all documents are executed. Proponents of this opinion explain that since the schedule was probably approved a long time ago, it is possible that some mandatory documents have already been drawn up. After all, even when drawing up the schedule, it was clear whose shift falls on a non-working holiday. Therefore, most likely, the employee’s written consent was already taken earlier, the opinion of the elected body of the primary trade union organization was also taken into account when approving the schedule (according to Article 103 of the Labor Code of the Russian Federation, the opinion of the trade union body is necessarily taken into account when drawing up shift schedules), workers of “special” categories could already notify them of their right to refuse to work on a public holiday. So, at this stage, the task is to check which documents have already been drawn up and which have not. Missing documents must be completed.

The order to approve the shift schedule (when in the schedule some shifts of employees fall on a non-working holiday), supporters of this point of view often believe, can be considered a fulfillment of the requirements of Art. 113 of the Labor Code of the Russian Federation that "the involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer." If the employer still has some doubts (for example, due to the peculiarities of the wording of the text of the order that approved the schedule), then it is recommended to issue a separate order to engage the employee to work on a non-working holiday and also indicate in it which payment option the employee chose. The order is registered in the manner prescribed by the employer in the appropriate journal and the employee is acquainted with it against signature.

Note that not everyone agrees with the above point of view completely. Some experts, in particular, believe that it is not necessary to ask for a separate consent of the employee in this case. Proponents of this point of view insist that the employer is not obliged each time to ask the employee, whose working day falls on a holiday, to agree to work on that day, since according to the schedule this day is for this employee is a worker, and the employee gets acquainted with the shift schedule in accordance with Part 4 of Art. 103 of the Labor Code of the Russian Federation no later than one month before its entry into force. Moreover, in the employee’s employment contract, as a rule, it is already stated that the employee will work not on generally accepted working days, but according to the approved schedule, and, signing labor contract, the employee has already given his consent to this.

Since it is not known what opinion the inspectors from the State Labor Inspectorate will have, we recommend obtaining the consent of the employee to work on a holiday, and preferably in advance, even when the schedule is approved.

These workers are not even allowed to work on holiday schedules.

There are categories of workers who cannot be involved in work on non-working holidays (pregnant workers, underage workers). Therefore, we recommend that you find out before allowing an employee to shift on a non-working holiday whether the employee falls into such a prohibited category. And if it turns out that the employee is pregnant, then her shift will have to be postponed.

Subscribers of the magazine "Practitioner-Practitioner" also have access to:

• WEEKENDS AND NON-WORKING HOLIDAYS. ENGAGEMENT TO WORK ON WEEKENDS AND HOLIDAYS
• ABOUT TRAINING AND APPEARING DRUNK AT WORK ON WORKING HOLIDAYS

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12/03/2019 After the clarifications of the Ministry of Labor of the Russian Federation that recently appeared on the network, which gave the green light to electronic pay slips, enterprises began switching to this form of notification of employees about constituent parts salaries. At the same time, employers often make annoying mistakes that threaten them with a fine. Let's talk about them. And about whether the Ministry of Labor is right ...

12/02/2019 Recently, the practice of paying part of the salary with a certificate for the purchase of employer's goods has been gaining popularity. For example, commercial network gives part of the salary as a certificate. The employee goes to the store of this network and takes goods for the amount indicated in the certificate.

On 11/28/2019, by order of the management, the employee was sent to the city for vocational training (the employer itself is located in the village). Her employer paid for her studies. But, since the employee did not work at the enterprise during her studies, she was not paid a salary. When she found out about this, she became indignant, said that if she knew that she would be deprived of her salary, she would go to study. He threatens to quit and complain to the labor inspectorate. Can we pay her a salary? On what basis?

28.11.2019 Now there is a crisis in the country, enterprises do not always have enough money to pay their employees. The practice of issuing bonuses and various additional payments (for combining positions, overtime work, etc.) with the goods and services of the employer has become widespread. Some employers open their canteens to feed workers. Accordingly, lunches are included in the payroll. There are also traditional old schemes for the standard issue of 20% of salary own products employer (dairy and meat plants, poultry farms, agricultural enterprises, etc.). Medical companies sometimes provide for the provision of part of the salary medical services employee and his family members.
In this publication, we will consider topical issues of the practice of paying part of the salary in non-monetary form.

11/13/2019 Due to an accountant’s mistake, the child care allowance was transferred to the employee’s card for longer than required by law. Having discovered a mistake, they decided to withhold the overpayment from the employee's salary. Is it legal or not? What would such a decision lead to?

10/29/2019 The Labor Code of the Russian Federation for workers engaged in work with harmful and (or) hazardous conditions labor provides for higher wages. This obligation of the employer is regulated by article 147 of the Labor Code of the Russian Federation. It would seem that there is nothing special in this matter, the legislator has provided for everything, it remains only to implement. But nevertheless, questions remain that continue to torment practicing personnel officers. Is it possible to specify in the local regulatory act the minimum amount of the increase, and then change it - when there is money, pay more? Do I need to specify the amount of this allowance in the employment contract? The increase applies only to those periods when the employee works during harmful conditions labor, or for all other periods of absence or work in other positions (including temporary ones)? Is there an allowance "for harmfulness" for a combined position? Is the allowance "for harmfulness" included in the amount of wages for comparison with the minimum wage? Is it possible to set different allowances "for harm" to different employees? In what cases can the increased wages for work in harmful working conditions be canceled?

09/30/2019 The employee works on a staggered schedule. Wants to take a medical examination on his days off. Does the employer have to pay for these days? And if the "five-day worker" on Saturday (his non-working day) undergoes a medical examination, does he need to pay for this Saturday? At the same time, employees do not miss their working days according to the schedule, they work out.

09/30/2019 Our employee went on maternity leave. We heard that now we have no right to transfer benefits to ordinary cards, only to the Mir card. But the employee refuses to start it. She said: “What is - transfer to that one.” How to be?

09/30/2019 Sometimes employees demand that the employer transfer part of the salary to one bank account, and the other part to another account. Or they ask that part of the salary be transferred to their bank card, and part should be given in cash.
Is it possible to agree with such requests of employees? Is the employer obliged to satisfy such requirements or can they refuse? We will try to answer these questions.

09/25/2019 A large order fell through at our enterprise. In all likelihood, it will soon be necessary to declare downtime for a while. Do such reasons for downtime indicate the fault of the employer or circumstances beyond the control of the parties? The payment option for downtime also depends on this ...

09/12/2019 The landlord dramatically increases the rental price. The tenant rushes in search of a new premises, searches, finds, transports things, the workers are waiting for their fate in idle time for several days. How to pay for such a simple one: in the amount of 2/3 of the salary or 2/3 of the average salary? Many employers find themselves in this situation.

09/05/2019 A pregnant woman underwent a medical examination (mandatory dispensary examination) for an hour, and was absent from work for 3 hours (half of her shift). How many hours to pay?

08/27/2019 We heard that some new law or a clarification that allows the payment of wages to employees ahead of the deadline set in the PWTR. This is true? Now it is not necessary to observe the period of 15 days between payments?

08/27/2019 We are developing a local regulation on the indexation of salaries. Indexing is planned to be carried out annually. Is it necessary to provide for the indexation of additional payments for combining professions, established in a fixed amount by agreements with employees?

08/15/2019 Some employees were not paid wages for May. For the next months the salary is paid. Can they suspend work in accordance with Art. 142 of the Labor Code of the Russian Federation? It looks like the payments are coming right now.

07/25/2019 Is it necessary to pay a salary to a director who is the sole founder (member) of a company with limited liability? And is he entitled to annual leave and other benefits provided to employees who are in an employment relationship?

07/11/2019 Should an employee be paid extra for using his own laptop in the office or can it be included in the salary?

07/05/2019 We have employees in our organization (both women and men) who take parental leave and then work on a part-time basis (with the preservation of the child care allowance). Some work 7 hours a day. Now Chief Accountant said it was a violation. Has something changed in the law?

07/04/2019 We have always paid holiday pay for employees whose vacation starts on Monday, on Friday evening. Now come new leader and said it was a violation. Is it so?

06/25/2019 Is it possible not to indicate salaries in employment contracts? For example, because they often change, or for another good reason. What happens if the salary is not specified in the employment contract?

06/06/2019 If you index your wages legally, in the prescribed manner, then, in our opinion, it is possible and necessary to increase your salary. If the employer decides to increase individual employee the salary is simply “from the heart”, then we do not recommend rushing. And that's why.

06/04/2019 Among some employers, the practice of illegally changing the size of the salary is common among some employers simply by order of the director to make changes to the staffing table. Let's talk about how to do everything legally and what mistakes are fraught with.

05/31/2019 If employees received wages in the same amount for some time, and then for some reason the employer began to pay less, although work did not decrease, then employees may consider that the principle of equal pay for work of equal value and protection is violated their rights to apply to the court or the State Labor Inspectorate. Will the guardians of the law see a violation here?

05/30/2019 Any system of motivation and incentives should be aimed at achieving the goals of the organization through the regulation of the labor behavior of employees: correcting the wrong and encouraging the right.

05/28/2019 The watchmen were given a totalized accounting of working time, a 40-hour working week, the accounting period is a month. According to the schedule this month, one watchman had a defect of 7 hours. How to be in this case? Does it need to be paid?

05/27/2019 Is it possible not to indicate salaries in employment contracts due to the fact that they often change?

05/22/2019 The secretary goes on vacation. His work is distributed between the accountant and the personnel officer in the order of combination (before lunch, the accountant combines, after lunch - the personnel officer, that is, different employees do the same work for 4 hours a day).
The additional payment for the combination is set at 50% of the salary for the main job. The salaries of a personnel officer and an accountant are different. Accordingly, additional payments for the same amount of work are different. And it cannot be said that their qualifications for the work performed are higher for someone. It is legal?

05/21/2019 The employee left the sick leave on the 13th. The certificate of incapacity for work was handed over immediately on the same day. Today the worker came to be indignant, tk. On the 15th day of the salary payment, he received nothing. The accountant says that he is not obliged to accrue a sick day to the day. Who is right?

05/06/2019 Our employee (accountant) asked the employer to pay for three-month advanced training courses. Courses cost 30,000 rubles. The director agreed, but a training agreement was concluded with her, in which it was prescribed that she should work after training for 7 months. The agreement does not mention the return of tuition fees upon dismissal of an employee.
The employee has not completed this period and is resigning own will(for no good reason) after 2 months, without having worked another 5 promised months. The director demands to withhold from her the full amount paid for training (30,000 rubles). Will it be legal?

04/29/2019 A cleaner's salary is a salary in the amount of the minimum wage. But after deducting the tax on her hands, she receives less than the minimum wage. It is legal? Or should the salary be such that, after deducting taxes, the minimum wage remains on hand?

04/29/2019 Imagine the following typical situation. The employee was granted full annual paid leave at the beginning of his working year. After working only half of his working year, the employee quits.
Let's say the settlement amount is 4 thousand rubles.
The amount owed for unworked vacation- 8 thousand rubles.
Questions:
1) Is it possible to keep all 4 thousand rubles on account of the employee's debt for unworked vacation?
2) How to collect the rest of the amount?

04/24/2019 Is the employer obliged to pay wages for the days worked before the next paid vacation?

04/09/2019 According to the employment contract, the employee receives a salary in the amount of 5,000 rubles. and the premium is a percentage of sales. If the monthly salary is less than the minimum wage, then the employer makes an additional payment to the employee to the salary, reaching it up to the minimum wage.
One employee leaves the salon. The rest are entrusted with her duties (distributed between two employees) as additional work under Art. 60.2 of the Labor Code of the Russian Federation.
If for a month the salary + bonus does not “reach” the minimum wage, is it possible to calculate the surcharge there under Art. 60.2 of the Labor Code of the Russian Federation? Or should this additional payment be paid in excess of the minimum wage for the main job?

04/02/2019 The organization has the following practice: instead of paying overtime hours employees are given bonuses. At the same time, the fact of such work is not recorded anywhere, and the amount of the bonus is significantly higher than the surcharges provided for by law. What could be the danger of such an approach?

03/28/2019 Downtime was declared in the organization. We pay 2/3. As a result, the employee receives less than the minimum wage at the end of the month. It is legal?

03/26/2019 Rostrud on its own information portal Onlineinspection.rf published an interesting consultation.
The situation was considered when, for combining positions, the employer sets an additional payment to the employee in the amount of 50% not from the salary for the combined position, but from the salary for the main position of the employee. As a result, different employees, combining the same position, received different amounts of additional payments for this. After all, their salaries were different, and the surcharge was calculated from their salary.
For our part, we will add our recommendations for HR practitioners.

03/25/2019 Now the employees of our department receive a salary of 40,000 rubles. The employer wants to “divide” it: make 20,000 salaries, and the rest is a “earned bonus”. Other working conditions, duties will not change. Workers vs. Is the employer entitled to “divide” the salary in this way on its own initiative on the basis of Art. 74 of the Labor Code of the Russian Federation, warning employees two months in advance?

03/25/2019 What if the order to postpone the vacation is issued before the vacation pay is paid? And if vacation pay has already been paid, and only after that an order was issued to postpone the vacation?

03/21/2019 The head office of the employer is in the southern region, but employees are accepted for work in the employer's division located in the Far North region. Are the northern district coefficients taken into account when calculating the salaries of these workers?

03/20/2019 It is clear that the indexation of salaries must be carried out for everyone. Is it possible for employees in a private non-state company to index salaries in different ways?

19.03.2019 Legal regulation indexing. Is wage indexation required? The procedure for indexing wages. Registration of wage indexation.

03/18/2019 Dear colleagues, today we want to remind you how much depends on the wording that we use when establishing the rules for bonuses to employees.

03/11/2019 Imagine the following situation. The employee wrote a letter of resignation of her own free will. 3 days before the date of dismissal, she went on a “sick leave” to care for a child. Those. the child got sick, not her! On the day of her dismissal, she was transferred to a bank card. These 3 days of her absence were not paid in any way. She provided a disability certificate a week or two after her dismissal. How should she pay for it: only 3 days before the dismissal or those days after the dismissal?

03/05/2019 The employee is granted parental leave. Her husband does not work officially; without an employment contract. Accordingly, the employee cannot provide a certificate from the spouse's place of work stating that he does not receive child care allowance. What to do?

05.03.2019

On February 20, 2019, the employee was granted annual leave of 49 calendar days from subsequent dismissal at will. Today, on the last day of vacation, the employee brought sick leave (illness) and asks to pay for it. But since receiving work book and calculation until the day of the onset of disability indicated in the sick leave, more than 30 days have passed. Should we pay temporary disability benefits in this case?

01/28/2019 An employee works for us both in the main job and part-time. Delayed wages throughout the organization. He wrote a statement on the suspension of work under Art. 142 of the Labor Code of the Russian Federation. Does he have to write two statements?

01/24/2019 Today we will talk about a popular situation when an employee takes a vacation at his own expense, and when he returns to work after the vacation, he provides a certificate of incapacity for work. From the sheet, the employer learns that part of the vacation days or the entire vacation the employee was ill. The employee asks to pay "sick leave" and postpone the vacation without pay for another time. What to do in this case, pay or not a sick leave, is it possible to transfer the vacation at your own expense or issue it again ...

01/24/2019 The company does not have a specific form of payslip. Almost all employees are on a salary and there are no questions about accrual. And if there is any doubt, then the employee, at his request, is given printed sheets from the 1C program. Is this a violation?

01/24/2019 Sometimes you have to deal with the following situation: in organizations located in the Far North and working without an experienced personnel officer, employees' employment contracts indicate salaries, but do not indicate the district coefficient, and sometimes the percentage bonus. For some reason, there is an opinion that the regional coefficient may be included in the salary. So the employees are explained, but this does not follow from the documents.
Let's see if the district coefficient can be included in the salary, and is it necessary to write it in the employment contract as a separate line?

01/24/2019 The internal labor regulations (PWTR) set the dates for the payment of wages:
25th (salary for the first half of the month),
10th day of the month (salary for the second half of the previous month and bonus for the month, it can be calculated only on the basis of the results of the month, as established in the local regulatory act).
On the 25th of January, the annual bonus is also paid (the criteria for its calculation based on the results of the year are established in the local regulatory act).
And on the 25th of December, a "New Year's bonus" is paid as a gift from the company. The director approves the amount of the New Year's bonus every year by order. All this is spelled out in the PVTR.
Questions:
1) Is it not critical that the difference between the amount received by an employee for the first half of the month and the amount for the second half of the month can differ by almost 2 times?
2) Such a procedure is established in the PVTR, but not in the employment contract. It is legal? Or is it necessary to include all this in employment contracts?
3) Is it legal that on December 25 and January 25, employees receive amounts that are higher than in other months on the 25th?
4) Is it legal that the amount of the New Year's bonus is set by the order of the director at his discretion? Criteria and guidelines for its establishment are not spelled out in local regulations.

01/23/2019 The employer violated the terms of payment of wages through no fault of his own (through the fault of the bank). Should the employer in this case pay employees interest for violation of the terms of payment of wages?

01/09/2019 Which term is more correct to use (when issuing orders and accounting documents) when paying salaries for the first half of the month worked: "advance payment" or "salary"?

12/28/2018 We issue for employees bank cards in the bank as part of the "salary" project. The employee writes an application, we send it to the bank, and after receiving the card and number from the bank personal account we start to transfer salaries. As long as there is no card, we, of course, pay in cash. Do I need to take another application from the employee to transfer money to the "salary" card after the card is issued?

12/27/2018 The article addresses the following questions:
Piecework wages in the staffing table
Piecework wages in an employment contract
Change in piece rates for employees

12/27/2018 Let's think about the following situation. Suppose a company has 4 branches. They have similar positions. Is it possible for positions of the same name with the same set of responsibilities located in different branches, i.e. different subjects of the Russian Federation, establish different salaries?

12/27/2018 There are employees who go on maternity leave and parental leave this year. Should they be given an annual bonus in January? We have it in January.

On December 27, 2018, the employee was granted leave with subsequent dismissal. The calculation is issued on the last day of work before the start of the holiday. It was December. Vacation expired in January. And in January there was an accrual of the annual bonus. The employee was paid his annual bonus on the card during the vacation until the date of dismissal. Did we have to pay interest for late payment? Those. we had to do the whole calculation in December before the start of the vacation, but it turns out that we partially made it in January. But, on the other hand, it was impossible to calculate the premium in December, it is calculated from the volume of sales and profit for the closed year.

12/27/2018 How to change the "salary" bank from the new year? Let's say an employer has oral negotiations with employees and they all agree. How then to arrange everything? But what if one of the employees in the process changes their mind and refuses to change the bank?

On December 3, 2018, the employee was dismissed due to the termination of the activities of his employer - an individual entrepreneur. I got registered with the employment center immediately, but could not find a job within three months. Is the former employer obligated to pay him average earnings during the employment period?

On November 28, 2018, the Supreme Court of the Russian Federation indicated what circumstances the courts should check in disputes over payments upon dismissal of their own free will. It is important for personnel officers to know and take this into account in their work.

11/28/2018 At the beginning of January, many of us are waiting for the New Year holidays, and this is probably the most expensive period of the year. It is necessary to buy gifts, and set the table, and come up with entertainment for the whole week. In a word, I want money. And if the manager doesn’t mind paying everything off early, that’s great! The main thing at the same time is not to break anything, so that the kindness of the soul does not turn into unpleasant fines. And take care of it in advance. Why? Now we'll tell you.

10/31/2018 We have a small organization. Everyone's salary consists of a salary and a bonus. The salary is paid on the 5th and 20th of the month (the 20th is an advance payment for the current month (50% of the salary), the 5th is the remaining 50% of the salary for the past month. But on the 10th, we are paid a bonus for the past month. It is impossible to calculate before.
The questions are.
1. Do we have a legal system? So it is possible? Does our scheme violate anything by any chance?
2. Is it possible to change the current scheme to the following: pay the salary for the current month on the 20th, and the bonus for the past month on the 5th? Then you get an advance salary (on the 20th) more than the second part of the salary - bonuses (on the 5th). It is legal?

17.09.2018

In our company, some employees have children studying in colleges and institutes. These workers applied to the accounting department for a standard tax deduction for children, submitted certificates from educational institutions at the beginning of the year. At first, they were given the appropriate tax calculation, but in the middle of the year they stopped and were told that until they provide new certificates from the place of study, the tax will be withheld in the general manner. Is it legal?!

08/30/2018 When and to whom to issue a pay slip? About the form of the payslip: how to draw up correctly and what mistakes to avoid. Order on approval of the pay slip. The procedure for issuing pay slips to employees. Responsibility of the employer for the absence of pay slips. Step by step procedure acceptance and approval of the pay slip form.

08/24/2018 An ordinary situation: an employee is assigned to combine positions with his consent.
Usually, in such cases, an additional payment is established (Article 151 of the Labor Code of the Russian Federation indicates its obligation) in a fixed amount. But often the manager expresses a desire to pay different amounts depending on the result of work in a combined position in the accounting period. Is this allowed by law? We encountered among experts with the opinion that the surcharge in question can be established only in fixed amount, no "more-less", in each month the employee must receive the same amount for the combination. Moreover, supporters of this opinion argue that it is impossible to establish in the local regulations of the employer the very possibility of dividing the surcharge for combining into a fixed and bonus parts, and such an establishment is a violation for which the State Labor Inspectorate will certainly fine during verification. There is also a position that the surcharge in question can only be established by agreement of the parties, and it cannot be “mentioned” in local regulations. Is it so? Let's figure it out.

Is the wording in the concluded employment contract correct that the established salary of 40,000 includes the district coefficient? After all, the salary is a fixed amount of remuneration of an employee without taking into account compensatory, stimulating and social benefits, that is, the regional coefficient is not a component that forms the salary of an employee? In the issued payslip in the payroll there is no district coefficient line, only the above salary and bonus, so it is not charged? Clarifications by Rostrud from the Compliance Guidance Report explaining what behavior is legal, as well as an explanation of the new requirements of regulatory legal acts for the 3rd quarter of 2017.

01/09/2018 Employee A is accepted as an auxiliary worker, receives a salary of 10,000 rubles. Employee B is accepted as a digger, receives a salary of 9000. Both employee A and employee B combine the profession of a slinger, the content and amount of work in the combined profession are the same for employees. For fulfillment additional work an additional payment is established for employees - 10% of the official salary for the main job; that is, for combining the profession of a slinger, employee A receives 1000 rubles, and employee B - 9000. Art. 151 of the Labor Code of the Russian Federation establishes that the amount of the additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. Should the size of the additional payment for employee A and employee B be the same with the same content and volume of additional work, is this a violation? Clarification by Rostrud from the Report with Guidance on Compliance with Mandatory Requirements, explaining what behavior is legal, as well as an explanation of the new requirements of regulatory legal acts for the 3rd quarter of 2017.

01/09/2018 How should work on weekends and holidays be paid according to the changes made federal law dated 06/18/2017 N 125-FZ "On amendments to the Labor Code of the Russian Federation" to article 153 of the Labor Code of the Russian Federation? Is it possible for an employee to choose a single daily rate and an additional day of rest instead of paying double for his work when working on weekends and holidays? Clarification by Rostrud from the Report with Guidance on Compliance with Mandatory Requirements, explaining what behavior is legal, as well as an explanation of the new requirements of regulatory legal acts for the 3rd quarter of 2017.

07/12/2017 From July 1, 2017, the minimum wage increased to 7,800 rubles per month (Federal Law of December 19, 2016 N 460-FZ).

09.07.2017

In what cases can the employment service oblige the employer to pay the "reduced" workers the average earnings for the "extra" months? Supreme Court The Russian Federation explained which cases are considered exceptional while maintaining earnings for additional months after dismissal for reduction.

This decision is useful to read not only for residents of the Far North, but also for personnel officers working to the south and dealing with dismissal due to a reduction in the number and staff of employees, in connection with the liquidation of an organization or the termination of an individual entrepreneur.

The Supreme Court of the Russian Federation considered a dispute initiated by an organization located in the regions of the Far North, however, the principles of recognizing exceptional cases of keeping wages for an "extra" month are unlikely to change in other territories.

04/03/2017 Can a bakery, if it has financial difficulties, to pay employees part of the salary of products?

Can the salary dates be left out of the employment contract? 01/26/2015 Is it possible to pay a part-time worker in the amount of a full salary?

Is it possible for a part-time job to be set a salary in the same amount as for employees for whom work in this position is the main one? There are two opposing points of view on this issue.

01/19/2014 Our organization has not indexed wages for several years. Is an employer obligated to index wages due to inflation?

When calculating earnings for employees of an enterprise, an accountant often has to face difficulties. Indeed, in the case of accrual of disability benefits, additional payments for part-time jobs, payment for work according to the schedule, accounting for payments and additional payments for weekends and holidays established by the state, many nuances prescribed in the legislation must be taken into account. However, among all of the above, payment for holidays takes the first place in terms of complexity.

Russian legislation regulating wages on public holidays

The main document regulating relations in the sphere of labor between an employee and the head of an organization is the Russian Constitution. Part 3 of Article 37 contains a provision according to which discrimination in the field of wages is prohibited, and wages must meet or be higher than the minimum amount established by the law of the Russian Federation.

Article 2 of the Russian Labor Code also states that an employee's wages must be fair and sufficient to provide himself and his family with everything necessary for a normal life in society.

Documentation of work on holidays

According to the norms of the Russian Labor Code, it is impossible to attract an employee of an organization to work on a holiday or day off without issuing special documents. To do this, you need to draw up an appropriate order. Payment on holidays is made on the basis of it. The order must contain the following information:

• Date of preparation;
• place of compilation;
• Document Number;
• Full name of persons involved in work on a day off or on a holiday;
• end and start dates of work, and sometimes the length of the working day;
• date and signature with a transcript of persons familiar with and agreeing with the order;
• signature of the head with a transcript;
• signature of the official making the payment.

Only after the order is signed by all the employees specified in it, it can be considered that working on a weekend or on a holiday will not lead to penalties for the employer from the labor inspectorate, the prosecutor's office, tax service and other organs.

Features of paperwork at shift work schedule

When working on a shift schedule, an order is not required. Payment for weekends and holidays in this case is made on the basis of a schedule approved and signed by the head of the organization, which contains:

• surname, name and patronymic of each shift worker;
• duration of their work in hours and days;
• the number of days off in a month;
• number of working days in a month.

Payment of disability benefits on public holidays

Not always holidays for an employee of an organization can be associated with work or rest, sometimes they can coincide with the time of illness. In the latter case, payment for holidays is also made in accordance with Federal Law No. 255 (Part 1 of Article 6), based on the average daily earnings obtained as a result of calculation using a simple formula.

When calculating disability benefits for a sick leave issued to an employee in 2015, it is necessary to divide his earnings for 2014 and 2013 by a factor of 730, i.e. number of calendar days for the previous 2 years.

It is necessary to exclude from earnings all amounts that were not subject to contributions: benefits up to 1.5 years, accruals on sick leave, benefits for pregnancy and childbirth, a one-time allowance for the birth of a child, etc.

For example, an employee of the company brought a sick leave in March. She was ill from March 2 to March 10, 2015, i.e. the period of disability was 9 days (including March 8 - a holiday), of which the first three days will be paid at the expense of the enterprise, and the remaining six - at the expense of the fund social insurance. Over the past two years (2013-2014), she worked only at this enterprise, and her earnings during this time amounted to 212 thousand rubles in 2013 and 250 thousand rubles in 2014.

We find the average daily earnings according to the formula: (212,000 + 250,000) / 730 \u003d 632.88 (rubles). This means that the benefit from the employer will be 632.88 x 3 \u003d 1898.64 (rubles), and the benefit from the social insurance fund will be equal to 632.88 x 6 \u003d 3797.28 (rubles), provided that the employee's experience is 10 years and the allowance will be paid at 100% of earnings.

To calculate maternity benefits, from the coefficient 730 it is necessary to subtract the time the woman spent in maternity leave(for pregnancy and childbirth and childcare up to 1.5 years old), on sick leave and downtime, when insurance premiums were not charged on the amount of earnings.

Thus, sick leave payment on holidays is made in the same way as on other calendar days of the month, on common grounds. It is worth noting the fact that when calculating disability benefits, weekends are also paid, the number of working days in a month does not affect the amount of charges. Only calendar days are taken into account, regardless of whether they were weekends or holidays.

Holiday pay during vacation

Payment for non-working holidays while the employee is on annual or additional paid leave is not made. These days increase the duration of rest, but not the amount of vacation pay, because they are deducted from the total number of calendar days in the calculation.

Such an algorithm of actions contains article 120 of the Russian Labor Code. For example, an employee goes on vacation for 2 weeks from June 1, 2015. During the vacation (from June 1 to June 14, 2015) there is 1 holiday - June 12, which extends the vacation, but does not affect the calculation of vacation pay and their value. Only the vacation period in the application will need to be indicated from June 1 to June 15, 2015, while the number of its calendar days will not change, it will remain equal to 14.

How to pay for the "New Year holidays" of employees

Holidays in January are paid in accordance with the norms of working days and hours indicated in the production calendar for the current year. For various systems wages applied in the enterprise, it will be different.

What days should consider holidays in January

According to Article 112 of the Russian Labor Code, in the first month of the new year, non-working holidays are the numbers from 1 to 5. If a holiday and a day off coincide, then the latter is postponed one day ahead.

Federal Law No. 35 of April 23, 2012 established as additional holidays related to the New Year holidays, the 6th and 8th of the first month of the year.

Article 111 of the Russian Labor Code states that all employees have the right to rest on weekends. Moreover, with a five-day week of work, it should be equal to two days off, and with a six-day one - one. In any case, one day off must always be on Sunday, and the second can be set in local normative documents with the consent of the employee.

Payment of holidays when calculating salaries according to the official salary

Article 153 of the Russian Labor Code states that work on the day of the holiday must be paid at least twice the amount, based on the average hourly or average daily earnings. This rule applies to those employees who receive an official salary, but only if in the month of payment the norm of working hours, days according to the production calendar was exceeded. If the duration of work does not exceed established norm, then payment for holidays is made in a single amount.

Calculation of earnings for holidays in the case of a shift work schedule

Not all employees are doing their job. official duties within a five or six day work week. Basically, according to the salary and salary-bonus system of remuneration, the salaries of office employees or administrative staff, professionals and management. For other categories of employees of the organization, a shift work schedule can be established, allowing the enterprise to work without interruptions (round the clock) within the framework of production process. These include predominantly workers or low-skilled professionals, such as salespeople, cashiers, consultants, maids, waiters, cleaners, dishwashers, laundresses, loaders, etc.

For such employees, payment for holidays according to the schedule is made in accordance with internal documents in an organization approved by the director. The amount of earnings and additional payments for this category of employees usually contain both a collective and an employment contract. Thus, all holidays that fall according to the work schedule, in any case, are payable in the amount established staffing, and remuneration on holidays, in addition to a fixed monthly amount, involves an additional payment for these days in a single amount in excess of the norm.

Payment for work on the day of the holiday, followed by the provision of time off

There is one exception in Russian law. So, the calculation of holiday pay for an employee who subsequently takes time off will be different. Due to the fact that on account of work on holidays, the employee will be given days off equal in number to the holidays worked, these days of the holiday will not be paid double, because they will be counted when calculating wages as ordinary workers.

At the same time, it should be said that payment for work on holidays, followed by the provision of time off, must be documented in the order and described in detail.

Responsibility of employers for violations of legislation in the field of payment labor

For violations Russian laws on the procedure for calculating and paying wages to employees, there are 3 types of responsibility. These include:

• administrative (provides for the imposition of a fine (in some cases, suspension from work) both on the organization and on officials for violation or incomplete payment of earnings);
• civil law (implies the employee's demand for full payment of wages, as well as penalties for moral damage caused);
• criminal (possible in the event of serious consequences for the employee or members of his family).

Tougher punishment for employers for non-payment of wages in 2015year

In 2015, with the help of legislative acts at various levels, the state increasingly began to stand up for the interests of employees in cases of violations of the accrual and payment of wages at the enterprise. Therefore, even if double pay is not produced in the organization on holidays, the employer will still have to answer for this.

New version of Article 5.27 Russian Code on Administrative Offenses now contains a detailed description of the types of non-compliance with the rules in the field of payroll and delimits the punishment for each of them.

Yes, since 2015 individual entrepreneurs may pay up to 40 thousand rubles for their negligence in this matter, organizations may be punished in the form of suspension of activities for up to three months or pay a fine from 50 to 200 thousand rubles.

By the way, due to the fact that the fine is now paid for each employee of the organization, this amount can increase significantly. The employer may be punished within a year from the date of the violation.

Changes in Labor code in 2015

Since 2015, thanks to the advent of new chapter 50.1, foreign citizens began to have the same rights and obligations when hiring as compatriots. An employment contract is also concluded with them, which specifies the amount of monthly earnings, payment for holidays, validity period, etc. In addition, now employers are obliged to provide him with medical care up to and including dismissal.

Based on the above material, it should be noted that holidays are always paid. Shift work however, is no exception. Depending on the circumstances, the amount of additional charges may be different, but the employer is obliged to make it, otherwise he will be liable, up to criminal liability, for non-compliance Russian legislation in the area of ​​wages.