Innovations in pay for work on weekends, holidays and nights. Work on weekends and holidays Labor Code On wages in the Russian Federation on holidays and weekends

2015 has not undergone any changes. The norm defines the procedure for calculating salaries for employees on weekends and holidays. Let's take a look at the rules article 153 of the Labor Code of the Russian Federation of 2016.

Calculation procedure

Article 153 of the Labor Code of the Russian Federation establishes that work on a holiday and day off is paid at least double the amount. The norm defines specific rules for certain categories of employees. In particular, payment is made:

Specific wages may be provided for in a collective agreement, a local act, which is approved taking into account the opinion of the trade 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 day off, he may be given another day to rest. In this case, the salary is calculated in a single amount. Leave is not paid.

Additionally

Article 153 of the Labor Code of the Russian Federation classifies workers in the media, video and television crews, concert, theater institutions, circuses, cinematographic organizations, as well as other persons involved in the performance / creation of works, into a separate category. Payment for their work on holidays and weekends may be determined on the basis of a labor or collective agreement.

Comments on Article 153 of the Labor Code of the Russian Federation

The implementation of professional activities on holidays and weekends, the legislation refers to work in conditions that deviate from normal. As a general rule, this situation is not allowed. The involvement of citizens in activities on holidays and weekends is carried out with their consent, drawn up in writing, if it is necessary to perform unforeseen tasks, the urgent implementation of which subsequently determines the normal functioning of the enterprise as a whole or its individual divisions. Article 153 of the Labor Code of the Russian Federation, allowing the employment of employees in excess of time limits, establishes a number of guarantees for them.

Exceptions

As mentioned above, the involvement of persons in overtime activities is carried out with their consent. However, the legislation provides for cases where it is not required. In particular, it is allowed to involve citizens in activities on a weekend or holiday for:

In all other situations, in order to involve workers, their consent must be obtained. As compensation for the use of leisure time a 153 article of the Labor Code of the Russian Federation provides for higher pay.

Nuances

On holidays / non-working days, it is allowed to perform professional tasks, the suspension of which is impossible due to production and technical circumstances. In particular, this is typical for continuously functioning enterprises. In addition, work is allowed, caused by the need to provide services to the population, associated with urgent repairs, loading and unloading. Engaging women with dependents under three years of age, disabled people to perform professional duties on weekends and holidays is permitted provided that this is not contraindicated for them in accordance with the conclusion issued by a medical institution in the manner determined by federal law or other regulatory documents. These persons must be familiarized under the signature with the right to refuse from activities on rest days. Attracting persons on weekends and holidays is carried out by order of the employer.

Calculation specifics

An employment or collective agreement may provide for higher remuneration for professional activities, in comparison with the established Art. 153. If the work was partially carried out on a holiday, then only those hours that were included in the overtime day are compensated. The legislation allows the replacement of payment for the day off.

In this case, the employee will not receive an increased salary. In this case, leave will not be paid.

Conclusion

In the course of the enterprise's activities, various situations may arise in which overtime involvement of employees may be required. The tenant must comply with the rules established by law. In particular, it is necessary to obtain the consent of citizens (in writing) for their implementation. In addition, employees must be compensated for unused hours / days of rest with cash payments. The law prescribes the calculation of wages for work on weekends or holidays at a double rate. This requirement is aimed at realizing the right of citizens to receive decent wages for their work. Art. 153 is dispositive in nature, providing for the employee's ability to refuse compensation in exchange for another day of rest. At the same time, a citizen must understand the consequences of their actions. Receiving a different day of rest, he loses the increased payment for his professional activities carried out on a weekend or holiday.

Official text:

Article 153. Payment for work on weekends and non-working holidays

Work on a weekend or non-working holiday is paid at least twice the amount:

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 receiving 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 hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per 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 hours.

Specific amounts of remuneration for work on a weekend 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.

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 weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, 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, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

Lawyer's comment:

The amount of remuneration for work on a day off and non-working holiday (for the time from 0 to 24 hours) cannot be lower than that established in part 1 of this article. Payment for work on a day off and a non-working holiday for employees who have a fixed salary has certain specifics. Such employees are paid for work on holidays or weekends:

Not less than in the amount of a single hourly or daily rate in addition to the salary, if work on such a day is included in the normal working hours of a given month;

Not less than double the daily or hourly rate in addition to the salary, if the work on such a day was carried out in excess of the monthly norm of working time.

In order to determine whether to pay in a single or double amount for work on a weekend and a non-working holiday for employees who have a salary, it is necessary to find out whether work was carried out on a holiday within or in excess of the monthly norm of working time. It depends on the specifics of the organization's activities and it does not matter the norm of working days and hours established by the production calendar.

According to paragraph 1 of the Clarification of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 13 / P-21, which, in accordance with Article 423 of the Labor Code, continues to operate, work on holidays:

1) is performed within the monthly norm of working hours and is paid in a single amount:

In continuously operating organizations;

Organizations that use the summarized accounting of working hours. The summarized accounting of working time, in particular, can be used in shift work, in organizations using the rotational method of organizing work, as well as on public transport;

2) is performed in excess of the monthly norm of working time and is paid double in all other organizations, regardless of whether the working days are fully worked out or not in a particular month.

Work on weekends and non-working holidays is not considered as overtime if it does not exceed the duration of daily work established by the internal labor regulations for this category of employees. Hours worked in excess of this duration are considered overtime. However, work during such hours is paid in the same amount as work on a holiday, i.e. not less than double the amount for each hour of overtime work. The specific amounts of payment for work on weekends and non-working holidays of the article are not established by the employer independently, but by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of employees or an employment contract, which corresponds to the basic principles of labor law on the combination of state and contractual regulation of labor relations and other relations directly related to them, social partnership, including the right to participation of employees, employers, their associations in the contractual regulation of labor relations and other relations directly related to them.

With the consent of an employee who has worked a day off or a non-working holiday, he may be granted another day of rest. At the same time, work on a holiday is paid in a single amount, and a day of rest is not subject to payment. The Labor Code also provides for the possibility of payment for work on weekends and non-working holidays for a number of categories of creative workers on the basis of an employment contract, a collective agreement or a local regulatory act of an organization. List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of the labor activity of which are established by the Labor Code Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

Work on a weekend or non-working holiday is paid at least twice the amount:
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 receiving 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 hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per 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 hours.

Specific amounts of remuneration for work on a weekend 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.

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 weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.
Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, 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, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

Commentary on Article 153 of the Labor Code of the Russian Federation

1. On the procedure for engaging in work on weekends and public holidays, see Art. 113 TC and commentary to it.

2. The commented article establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest.

The right to choose the type of compensation belongs to the employee. Since engagement to work on weekends and non-working holidays, as a rule, is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application by the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made.

3. When an employee chooses an increased payment, it is made at least in double the amount. The procedure for determining the amount of payment depends on the system of remuneration:

with a piecework payment system, piecework rates are applied, increased by at least two times;

with a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice;

with a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, an additional payment in the amount of at least an hourly or daily tariff rate is established to the official salary;

with a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily tariff rate is established to the official salary.

The specific amount of payment for work on weekends or non-working holidays is established in accordance with part 2 of the commented article in the collective agreement, local regulatory act or in the employment contract. If such an amount is not established by contract, payment should be made in accordance with the commented article in double size.

In any case, hours actually worked on a weekend or non-working holiday are subject to increased payment.

4. When an employee chooses compensation in the form of providing another day of rest, the time for using this day must be agreed with the employer. The use of another day of rest without the consent of the employer should be considered as a violation of labor discipline by the employee.

Since work on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an additional day of rest should be provided. An additional day of rest is not payable.

5. Remuneration for work on weekends and non-working holidays is established in such a way that, together with it and other compensatory and incentive payments, the amount of wages of an employee who has fully worked out the norm of working hours and fulfilled labor standards is not lower than the minimum wage ( see Determination of the Armed Forces of the Russian Federation of May 2, 2010 N 8-B10-20).

6. Special rules for remuneration on weekends and non-working holidays are established for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance ( exhibiting) works whose professions and positions are established by Decree of the Government of the Russian Federation of April 28, 2007 N 252. On the one hand, the nature of the activities of such workers and such organizations involves their work on weekends and holidays, on the other hand, these workers are to other degrees, the guarantee norms of labor legislation apply. Based on this, part 4 of the commented article provides that the increase in the wages of these persons on weekends and non-working holidays is established by an employment contract, a collective agreement or local regulations of the organization, but is not limited to a minimum amount.

7. In accordance with paragraph 3 of Art. 11 of the Federal Law of June 7, 2013 N 108-FZ "On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation" recruitment and remuneration on weekends and non-working holidays employees of FIFA, FIFA subsidiaries, FIFA counterparties, confederations, national football associations, the Russian Football Union, the Russia-2018 Organizing Committee, its subsidiaries, whose labor activity is related to the implementation of events, are allowed in the manner prescribed collective agreement, local normative act, labor contract. At the same time, the requirements of Art. Art. 113 and 153 of the Labor Code.

Another commentary on Article 153 of the Labor Code of the Russian Federation

The amount of payment for work on a day off and a non-working holiday (for the time from 0 to 24 hours) cannot be lower than that established in part 1 of this article.

Payment for work on a day off and a non-working holiday for employees who have a fixed salary has certain specifics. Such employees are paid for work on holidays or weekends:

Not less than in the amount of a single hourly or daily rate in addition to the salary, if work on such a day is included in the normal working hours of a given month;

Not less than double the daily or hourly rate in addition to the salary, if the work on such a day was carried out in excess of the monthly norm of working time.

In order to determine whether to pay in a single or double amount for work on a weekend and a non-working holiday for employees who have a salary, it is necessary to find out whether work was carried out on a holiday within or in excess of the monthly norm of working time. It depends on the specifics of the organization's activities and it does not matter the norm of working days and hours established by the production calendar.

According to paragraph 1 of the clarification of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 N 13 / P-21, which, according to Art. 423 of the Labor Code continues to operate, work on holidays:

1) is performed within the monthly norm of working hours and is paid in a single amount:

In continuously operating organizations;

Organizations that use the summarized accounting of working hours. Recall that the summarized accounting of working time, in particular, can be used in shift work, in organizations using the rotational method of organizing work, as well as on public transport;

2) is performed in excess of the monthly norm of working time and is paid double in all other organizations, regardless of whether the working days are fully worked out or not in a particular month.

Work on weekends and non-working holidays is not considered as overtime if it does not exceed the duration of daily work established by the internal labor regulations for this category of employees. Hours worked in excess of this duration are considered overtime. However, work during such hours is paid in the same amount as work on a holiday, i.e. not less than double the amount for each hour of overtime work.

The specific amounts of payment for work on weekends and non-working holidays in accordance with part 2 of the commented article are not established by the employer independently, but by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees or an employment contract, which corresponds to the basic principles of labor law on a combination of state and contractual regulation of labor relations and other relations directly related to them, social partnership, including the right for the participation of employees, employers, their associations in the contractual regulation of labor relations and other relations directly related to them.

With the consent of an employee who has worked a day off or a non-working holiday, he may be granted another day of rest. At the same time, work on a holiday is paid in a single amount, and a day of rest is not subject to payment.

The Labor Code also provides for the possibility of payment for work on weekends and non-working holidays for a number of categories of creative workers on the basis of an employment contract, a collective agreement or a local regulatory act of the organization. List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of the labor activity of which are established by the Labor Code code of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.

Article 153 of the Labor Code of the Russian Federation acts as a legal standard regulating the process of labor activity during the weekend. Payment for labor activity is made according to the staffing table of the organization and is regulated by labor laws. Labor activity during holidays or weekends is paid at several rates, which has a legal basis. Labor legislation regulates the relationship of both participants in the process. The legal side and obligations, tariffing is regulated in accordance with established rules and laws.

Specifics of Article 153

Double pay on weekends and holidays is the minimum required by law for all citizens. Employment during a public holiday or weekend is stipulated in the Labor Code. Legal regulations and the prescribed remuneration are mandatory for the employer, evasion of payments entails penalties and administrative punishment.

The nuances are defined by law and consist of the following aspects:

1. Payment to the pieceworker is made at a double salary according to the established, approved rates.
2. For an ordinary employee, work during rest is paid according to the rate. The rate consists of a tariffication, which includes an hourly or shift salary established by the general rules.
3. An employee who receives a fixed salary has the right to receive additional payments when going to work outside of working hours. The amount of the payment does not exceed the established tariffication of the hourly or daily salary, which is provided by the governing bodies.

Payment is made according to the law, the employee works over time or goes to work on a day off, then the employer is obliged to pay the output in two times.

Each organization and company with a permanent staff draws up a collective labor agreement. The document has legal force and has specific powers, which are determined at general meetings by voting. The point of payment for labor activity is negotiated at the meeting. With the help of voting, you can set the due payments.

The contract controls the main aspects of the activity, with the help of the document, the employees themselves are able to establish standards in accordance with the current law and regulate payments and compensation. The employee has the right to receive time off instead of material remuneration, having agreed on the nuances with the management. The choice to go to work on a weekend or a holiday is paid with one salary, and the day of rest is not payable.

Control Rules

Citizens who are engaged in creative activities: actors, theater workers, television employees, those citizens also work on weekends, their remuneration is determined by a local regulatory act. Different areas of activity have their own control levers, which not only regulate the process of payments, but also resolve controversial issues related to processing.

Basic rules governing activities:

1. The main thing that a citizen should know is that payment is made in double size. If necessary, in coordination with the authorities, employees receive time off on any day. The possibility of obtaining a day off depends on the type of activity and the reality of such a replacement.
2. The laws provide only a minimum amount of payments. Different amounts are assumed for the employee and employer, and payments are also adjusted using a collective agreement.
3. The amount is formed with the help of a general meeting, clarifications are written in the employment contract when applying for a job. The collective agreement controls the execution of the order.
4. For creative professions, labor legislation provides for payments for work on weekends. The local regulatory document contains information on a specific type of activity and indicates a fixed cost of processing during the weekend.

Payments are controlled not only by the accounting department, but also by the controlling tax authorities, which monitor the correctness of the transfers. The rules are the same for all organizations, but there may be deviations from the uniform format. These clarifications are included in about internal organization or company documentation. The nuances are approved by the accounting department and the commission.

The schedule of a citizen is purely individual, it is determined by a labor document. The distribution of working time occurs in advance, regulated by labor documentation. If the work schedule is irregular, then this item is included in the contract for signing when applying for work as agreed by both parties. In this situation, the time of weekly working off cannot exceed the limits established by law.

An incomplete work schedule is formulated in several ways:

• the employee is engaged in activities for several hours throughout the working week;
• The employee works several days a week.

The schedule is drawn up according to the established internal regulations of the organization. The citizen, following the instructions, distributes his working time according to the established labor framework.

A part-time work schedule can create difficult situations due to the lack of accurate working hours. The employer leaves the employee to complete his duties for a time after the past work schedule, this is considered processing, but due to the lack of a schedule, it is difficult to prove the right to receive payments.

There is no strict clause in the legislation in relation to irregular working hours, because most citizens work in several jobs at the same time for a predetermined amount.

According to the law, irregular overtime applies only to employees who work several days a week under an employment contract. Fundamentally, for a person who works every day, but not the full number of hours, an irregular schedule does not apply.

The legislation provides for clarifications to the usual articles and bills. Changes are made according to the session or order, which is a clarification to the previously adopted law. Labor legislation fully controls all areas of relationships between employees and company management.

The clarifications relate to different parties and suggest the following points:

1. A citizen, entering a job, signs an employment contract, which explains all the nuances, duties and powers of the activity of a particular employee. The prescribed amounts are minimal, payments are increased through a joint agreement, securing compensation by a collective agreement.
2. Compensation is a prerequisite for calling an employee after hours. The employee independently chooses incentive measures. The collective agreement provides for the amount of payments.
3. The collective agreement provides for loyal benefits for all citizens who go to work on their day off; the document regulates payments and amounts.
4. The first part of Article 153 establishes a minimum wage, which is added to the salary when the schedule is revised. Athletes, artists receive compensation in accordance with the standards. The only difference between an ordinary worker and an artist is the fact that a local regulatory act is drawn up: artists and creative people sign the document individually.

Article 153 has clarifications that relate to different areas of human activity, which affectsand the amount of the salary due to the specifics of their activities.

The article is amended, according to which only specific hours are paid. The processing time is entered into the internal journal of the organization and noted by the manager and employee.

Before the amendments, a citizen, when going to work on a day off, received payments for an 8-hour working day. Today, the amendment has changed these points, the employee receives money only for a predetermined time.

To save your money, this option is more acceptable to the employer. The process of labor activity during non-working hours occurs in the following order:

• the employer calls the employee on the day off, specifying the range of his work;
• a note is made in the internal journal about the number of hours worked;
• the employee receives remuneration when receiving a salary.

Such frameworks have become tougher in relation to employees, but their work is paid by the hour, which is provided for by law. Changes are regularly made to the Labor Code. The amendments are influenced by many factors, both external and internal, which regulate the process of human labor activity.

Updates are regularly added to Labor Code. They regulate hourly wages for providing their services outside of working time . The recycling process mustbe confirmed by a document that is drawn up on the basis of the overtime work done and signed by the employee. Without a document, an employee does not have the right to agree to overtime hours.

Cancellation of overtime during holidays

Article 152 indicates that when recalculating overtime hours, processing for a day off is not paid. Under such circumstances, the possibility of receiving double payment is excluded. Prior to the amendments, an employee, having worked more time on a day off than established by law, more than 8 hours, received not only the established rate, but also for the overtime hours that he worked on his day off. Previously, there was uncertainty about this issue, with the amendment everything has changed.

Today, such a working day is paid twice the amount, excluding overtime. Latest updates:

1. Payment is made hourly.
2. Processing more than 8 hours is not paid extra.
3. Overtime has been cancelled.

Amendments to the law were made in 2017, since then there has been a single law for the payment of overtime.

Payment depends on the standard established by the Labor Code. The legislation provides only compensation for overtime, there are no other preferential categories.

The state also does not provide for incentive provisions that can stimulate employees to interact as needed.

If a citizen is faced with injustice towards him during the processing of the allotted time, then his actions:

• contact the administration with a request;
• apply to the court by filing a claim;
• for a favorable outcome, they provide supporting information, records, the internal journal of the organization.

Violation of workers' rights is described in a separate article in labor legislation. Processing is paid without fail in accordance with the standards established by law.

Litigation is an extreme measure that is used when a leader evades the performance of established duties. The statement of claim is filed by the employee personally, indicates briefly the reasons for his actions, attaches documents, facts that will help resolve the dispute.

Reinstatement through the court Xia violated rights, but managers try to avoid such a fate and carry out all the required procedures legal.

in particular article 153,regulates compensation, payments for going to work on a day off. The citizen independently chooses the method of encouragement: this is an additional day off or payment of the rate in two times the calculation. Involve an employee in such labor activity by means of a written approval of a legislative decision. When drawing up a written agreement, the boss and employee prescribe all aspects of labor activity, including the method of remuneration.

If the employee has chosen double payment, then there is an order for the formation of the amount of payment:

1. Piecework payment is used regularly in many enterprises. During processing, the employee receives payments in the amount of an increased piece rate.
2. Hourly pay for labor activity is provided for by the documentation of the organization, this amount is doubled and paid to the employee when leaving for the workplace on holidays.
3. The time-based wage system with a monthly salary assumes an established standard. If labor activity was carried out within a monthly time, then an additional payment in the amount of the established tariff rate is added to the salary.
4. If the company has a fixed monthly salary or hourly wage, then the employee, having worked more time than expected, receives a double bonus at the end of the month. The amount depends on the hourly, daily billing.

The specific amount is established by the internal documents of the organization, the collective agreement or the local agreement of a particular employee. In the absence of such documents or the blurring of data regarding paymentpayments are made in accordance with article 153 TK RF.

Changes since 2017 have made adjustments to the calculation for the processing of time holidays. Hours that have been overtime overtime are not considered overtime.

Overtime is the activity that is performed after the end of the established schedule. If we specify the concept, then any labor activity is overtime if it is initiated by the boss. At the same time, a document is concluded that describes all aspects of processing.

Processing is paid without fail, because the employee spends personal time on the implementation of tasks. Article 152 contains information regarding payment for overtime work:

• for the first two hours of processing, the payment increases by one and a half times;
• subsequent processing time at a double rate.

Such rules are acceptable for those organizations that do not have other amounts entered in the collective agreement, labor document. The employee receives overtime compensation along with wages. Payments are part of the salary, so the accounting department calculates according to the established tariffication.

Night work also has its own specifics, each hour is paid with at least a 20% surcharge of the established hourly amount. Processing at night is compensated by a higher surcharge, which is provided and controlled by law.

The Labor Code regulates various aspects of labor activity, which are provided for by laws and legal regulations. Remuneration is made in accordance with the adopted internal document. Processing is paid in double the amount according to the processed time.

Payment is charged for each hour, this nuance was introduced through the latest changes in labor legislation. The night shift is paid based on the established standard. Payment amounts are controlled by collective agreements, local documents or labor documentation signed by the employee.

Commentary on Article 153

1. On the procedure for engaging in work on weekends and public holidays, see Art. 113 TC and commentary to it.

2. Article 153 of the Labor Code establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest.

The right to choose the type of compensation belongs to the employee. Since involvement in work on weekends and non-working holidays is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application by the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made.

3. When an employee chooses an increased payment, it is made at least in double the amount. The procedure for determining the amount of payment depends on the system of remuneration:

With a piecework payment system, piecework rates are applied, increased by at least two times;

With a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working time, an additional payment in the amount of at least an hourly or daily tariff rate is established to the official salary;

Under a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was performed in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily wage rate is established to the official salary.

The specific amount of payment for work on weekends or non-working holidays is established in accordance with Part 2 of Art. 153 of the Labor Code in a collective agreement, a local regulatory act or in an employment contract. If such amount is not established by contract, payment should be made in accordance with Art. 153 TC in double size.

In any case, hours actually worked on a weekend or non-working holiday are subject to increased payment.

4. When an employee chooses compensation in the form of providing another day of rest, the time for using this day must be agreed with the employer. The use of another day of rest without the consent of the employer should be considered as a violation of labor discipline by the employee.

Since work on a weekend or non-working holiday deprives the employee of the opportunity to use these days for rest, for each day of such work, regardless of the number of hours actually worked, an entire additional day of rest should be provided. An additional day of rest is not payable.

5. Special rules for wages on weekends and non-working holidays are established for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance ( exhibiting) works of professional athletes. On the one hand, the nature of the activities of such workers and such organizations involves their work on weekends and holidays, on the other hand, these workers are equally covered by the guarantee norms of labor legislation. Based on this, part 4 of Art. 153 of the Labor Code provides that an increase in the wages of these persons on weekends and non-working holidays is established by an employment contract, a collective agreement or local regulations of the organization, but is not limited to a minimum amount.